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HomeMy WebLinkAbout10-0684ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 151 /2Sy- / 155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 10 - &84 &WiI - Fe, M Plaintiff, V. KIMBERLY BRADY 400 Maple St Lemoyne, Pa 17043 Defendant(s). r NOTICE You have been sued in court. If you wish to defend against the claims set forth in the fallowing 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 anv other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. CIVIL ACTION COMPLAINT AV ISO Le han 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 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 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 para usted. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 ??? p7so a3?gs7 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. KIMBERLY BRADY 400 Maple St Lemoyne, Pa 17043 Defendant(s). ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff 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, Kimberly Brady, is an individual who resides at 400 Maple St Lemoyne, Pa 17043. 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 April 3, 2004, 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 $$23,284.62 at an annual percentage rate of 9.990%, in order to purchase a certain motor vehicle, 2002 Ford Explorer more particularly described in the Contract (hereinafter referred to as the "Vehicle") A copy of the Contract is attached and marked as Exhibit A. 5. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $459.95 for a period of 66 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 31, 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 $3400.00, however a balance of $5076.75 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 $272.34 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $5349.09. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $5349.09, 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 submitt MAURICE & EMAN, P.C. UHARLfNE;LOR, ESQUIRE Attome for lai Date: January 22, 2010 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: January 22, 2010 PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 04/03/2004 Buyer (and Co-Buyer) Name and Address (including County, end Zip Code) CREDITOR (Seller Name and Address) A KIMBERLY BRADY MCCAFFERTY FORD OF MECHANICS BURG 1 617 COLONIAL V K MECHANICCSBURGCMBRLND PA 17055 MECHANICSBURG PA 17050 You, the Buyer (and Co•Buyer, If any), they buy the vehicle tlnertbed Mlow ter rwsh or ee eradii TM -e.a vv. r»w raw shown 0111000, IS the eradH prob. By elpmnp this Contract you choose to buy on weds under the • ?- • •••••••• o Um m.h prim w as wrkme. The gram eves, on the from and beck of this contract. NewlUsad Year aced Make MOLgI GVW H Truck Ifs. Vehicle Idendficahon 77 Use For Wnich Purchased NEW 2°02 FORD TRUCK XPLORER 1fM2U73EX20001.?: Persorel pAprianturel O Commercial Treaem $ N/A INRANCE Year and Make Gross Atiowsnca s Amount Owing YOU MAY OBTAVEHICLE INSURANCE ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE. 1. Cash Price ...................... $ 21918.00 (?) YOU ARE NOT REQUIRED TO OBTAIN _.........._ ....................................... "."............ CREDIT LIFE, CREDIT DISABILITY AND 2. Down Payment Third Party Rebate Assigned to Creditor ............................. $ N/A OTHER OPTIONAL INSURANCE. THIS Cash Down Payment ........E_........._-'- NIA .........-................q. $ 1000.00 CONTRACT WILL NOT INCLUDE THEM $ __L $ N /A UNLESS YOU SIGN AND AGREE TO PAY Trade-in THE PREMIUM. Year its kww Draw Aeawrer /unsure oetq Total Down Payment .......... _............ _ ............................. _............. $ 1000.00 (2) THIS CONTRACT DOES NOT INCLUDE 3. Unpaid Balance at Cash Price (1 minus 2).„ ................................. $ 20918.00 (3) LIABILITY INSURANCE COVERAGE FOR 4. Amounts pals on your behalf (Seller may be retaining a portion of fheae amounts) BODILY INJURY AND PROPERTY To insurance Companies for DAMAGE CAUSED TO OTHERS. Credit Lite Insurance (for term of contract) ........................ $ N/A CrNedh Disability Insurance (for term of contract) ..... ....... $ N/A [Term t&-months (Estimate)] $ NIA To Public Officials (i) for license ($ 10.00 ), title ($22-W-), g ? Credit Life - N/A registration ($ 36-171 ) fees $ ALSO n ; Insurer (ii) for filing fees $ 6. 00 • $ N/A (iii) for taxes (not in Cash Price) $ 1365.1 $ 14 Premium Insured(s) i To N/A for $ N/A To for S $ 814.n0 Signature To NffAFFFRTY f=0R0 for E$ q4 nn To 111A lorN/A $ N/a Credit Total .......... _ ....................... _.......................... ......................... _.......... $ Z3Sj a2 (4) []Disability _N/A 5. Amount Financed (3 plus 4).-........ _........... ,,,It 71R4 C9 5 $ NIA Insurer FEDERAL TRUTH-IN-LENDING DISCLOSURES Premium Insured ANNUAL FINANCE Amount Total of Total Sala PERCENTAGE CHARGE Financed Payments Price Signature RATE The dollar amount The amount of The amount The teal cost The cost of your the credit win credit provided to you will have of your purchase on credit as a yearly rate cost you you or on your paid when you credit, ::: N JA behalf have made all including your ILIA owuled m urance Term 9.99 payments of3 $ N/A x s 7072.08 $ 23284_3 30356.70 $ 31356.70 Premium Payment Sclmdule Number of Amount tai Escf When Payments ure X01 Payments Payment are due Credit Llle and Credit Disability Insurance we Your payment schedule 65$--A51-95 (monthly sag) for the term or the contract. The amount and writ be: 1 final $ 459.95 05103/2004 ceveragss sre ahowvt In a notice or agreement El given te you todry. You must Insure the vehicle. If a charge Is shown bstew, the Creditor will try to buy the coveragggessss checked for the tam shown. Ule avetHels will at a time of loss, n on the but not awe than the limits of the policy. Prepeytrortt: If you pay off your debt early, you will not have to pay a penalty. ? Comprehensive ? g N/A Codsion Late Payment: You must pay a late charge on the portion of each paymgm reaelved more dkion man 10 days fate. The charge is 2 percent of the late amount or 550.00 whichever is less. ? Fire- Thea-Combined Additional Coverage j Security interest: You are gang a security interest in the vehicle being purchased. ? Towing and Labor Contract: Pleeae bee this contract for additional Information on security interest, nonpeymerd ? Term N/A default, the right to require repayment of your debt in full before the scheduletl data, acid Months (Estimate) prepayment penalty' Premium $ N/A If you do not meet your contract obligations. You may kiss the rahkce that vac are Ikwrainn r.nrc.. a,i.....,..... _ NON-MODIFICATION DISCLOSURE V M .q EIUGYN nge in hit' cons et mu be in writ' p and signed by you and the Creditor. BUYER: x f S ACKN OWLEDGE TH YOU HAV EAD AND AGREBE BOUND HE ARBITRATION OVISION ON THE REVERSE SIDETOOF THIS RACT. NOTICE TO BUYER rKeeP not sign this contract in blank. u are entitled to an exact copy of the contract you sign. it to Protect your legal rights. yer (and Co-Buyer) acknowledge that (I) before si nin this ntract, Buyer (and Co-Buyer) received an rev ewe a true g completely titled in copy of this contract and (ii) at the e of al nin this contract, Buyer (and Co-Buyer) receive -lr a true an om ate y e In copy of this contract. aU NS A5) BUYER SIGNS By aigmng below, the Sal accepts this contract. H no other Anlgnee Is rimed M • separate anignmsnt attsOhad to this contract, ON Seller assigns It to Ford Motor C t MCCAFFERTY FORD OF MEC BUR I PA - __ ••??.+....n rvn wurrrunwL AMNEEMENTS ? Debt Cancellation Wahmr Addendum (Opnpnal) If this boa is checked you have Purchased a debt vlcenabon waiver. Purchase of this coverage is optional and is not mquksd to obtain raadt, The terms and conditions of the debt cancellation waiver are set forth in the attached Addendum which is ineorporyad into this oprencl. The pries for the debt mrrcesason waiver is set loft on this contract in the Itemization of Amount Financed under Section 4. Program No. QUESTIONS? PLEASE CALL US AT 1-OW727-70oD or Visit us at www.fordcredit.com 03-001 ORIGINAL "'PRN- Ford Motor Credit Company P.O. Box 17948 GREENVILLE, SC 29606-8948 (877) 805-7187 POP8BUOD200029 KIMBERLY BRADY 400 MAPLE ST LEMOYNE PA 17043 Date of Repossession 01-26-2009 Date of Notice 01-29-2009 Date of Contract 0403.2004 Account Number: 036773229 Buyer KIMBERLY BRADY Cobuyer DESCRIPTION OF PROPERTY Year 2002 Make FORD ? New Q Used Vehicle Identification Number: 1FMZU73EX20001097 Model EXPLR gay 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. 0 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. 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 presently stored at: MANHEIM AUTO AUCTION 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 sold. Unpaid Balance $ 8,248.40 Plus Costs: Repo Expenses $ 370.00 $ Plus Late Charges $ 100.85 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 8,719.25 (Plus expenses incurred if default at the time of repossession exceeded 15 days and less rebate received after the date of this notice.) Your property won't be sold until 15 days after the date of this notice at the EARLIEST. After that you can still get it back any time before it's 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: Under our agreement with your dealer/original creditor, the dealer/original creditor is to sell the property and Y You any money (d money credttor) after the sale, you will pay it to the dealerloriginal creditor. pa left over. If you ou owe money ? 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 (QI 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. VERONICA D. NOGUERA FFNA 1198837 Jan 02 Previous etlrtlOns may NOT be used. PnMetl In U.S.A CUSTOMER/CUSTOMER FILE C? CD CD CD CD 1 ,5 401? CS 11 11 0 O N y y N y 1 N W y N y T .. as, y y N M d 60 ci y 1 V b' l? f I? N W n ?0) r dD Co LU m m tp?tp C~ [7 N ?V N b ? 1 Il 1- rz W, 4 8 F-W ( M I W 4 ?w O N 1 gJWR. ZZ _.1 N 13:-z m N N - vk 0) O=tea p?`?T N MT N L?? cO3a ?? Wa NQdg 0mw ? o3j-a a flQ am ? W= c3?a iC 8 0 S? 0 g!0 1 ? 86 i?lu a. pmg2 ld?l oFU-W N? d ? Z -5 ?? 5 xco 5N MZmm M=?o gm S-0 Z od- 8o o "' m ?Q?z w0.w J a°v? amoNa =v? co p F" o ? o cM+?W o0Mv=i o?o? ? oUii? oXO o(D2w d . a p• Cc cr - O p M1 S p- Q N M R1 rn C- C3 ru m S S S Qf Cc so _ co .0 90 .100 00 O O O W so $ _ C ° a p o o - o o C2 M p Q 7=? 0 C2 C to i rrq A 0 C3 C3 O to p o 0 0 . a N C3 s os p_ p O. G O O 0 A C p o 0 C3 A,-_ Er Ir cr CV) A M1 M1 M1 M1 ?? 04 CY CV M ? rJ 999299000TOOO h9006 TI a' LLc D Ford Motor Credit Company P O BOX 17948 GREENVILLE SC 29606-7948 877 8057187 DATE: 2009-03-11 POOAXA00100040 KIMBERLY BRADY 400 MAPLE ST LEMOYNE PA 17043 STATEMENT OF SALE Account Number: 036773229 The following property has been sold. Year Make Model Vehicle Identification Number: 2002 FORD EXPLR 1FMZU73EX20001097 Balance owing on your contract (1) $ 8,349.25 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 8.349.25 Deduct: gross proceeds of the sale (4) $ _3,400. 00 Balance less gross proceeds of the sale (3 - 4) (5) $ _ 4,949.25 Add: Expenses of retaking and storing, and (6) $ any attorneys' fees allowed by law, and 497 50 expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ 0.00 Other: (8) $ 0.00 Deficiency** (9) $ 5446.75 Surplus* (10) $ N/A The Surplus/Deficiency will change based on monies added to your account (debits). received by us (credits) or additional allowed expenses & interest 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 deficienc ou h l y, y s ou d imm payments shown below. ediately remit the amount shown on line 9 to the address for For additional information call or write: Ford Motor Credit Company Mail deficiency to: Payment P.O. BOX 6508 y Ford Motor Credit Company MESA ARIZONA 85216-6508 DEPT 194101 (800) 732-2264 P.O. BOX X 55000 55 DETROIT MI 48255-1941 FFNA11990 01/04 Previous editions may NOT be used. SHERIFF'S OFFICE OF CUMBERLAND COUNTY FlLEtN~'=~!C~ Ronny R Anderson Sheriff ~1~ Tr?~ ~~~~"`~'.'tr1=~;~ ~~~s~str of ~n+nGrr/,,,r~G Jody S Smith ~~ f d F~a _ $ ~~~ j2. ~ E Chief Deputy Edward L Schorpp ~~ s n ; ~ ~~'v~'rY uCti+ Solicitor ~~~. r . -~.~ ~~;_v ~~ti ~ ~;k1,s`tin~,,~~ Ford Motor Credit Company Case Number vs. 2010-684 Kimberly Brady SHERIFF'S RETURN OF SERVICE 02/04/2010 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: Kimberly Brady, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kimberly Brady. The Lemoyne Postmaster has confirmed the defendant's mail is delivered to 400 Maple Street, Lemoyne, PA 17043. However, Dallas Wenrich current resident advised Deputies Kimberly Brady is not known to him. SHERIFF COST: $47.40 February 04, 2010 SO AI~LFrVyERS R ANDERSON, SHERIFF (c C~i.infySuit~ She~~ff_ T'eiebs~Yt, La;.