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Home My WebLink About10-1553MAURICE & 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. DIANNE ROTH 401 Haldeman Blvd New Cumberland, Pa 17070 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. Defendant(s). ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 10 Chu `t ? N o -r_, tZ CIVIL ACTION COMPLAINT AV ISO Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de Is fecha de Is demands 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 demands en contra suya sin previo aviso o notificacion. Adernas, la corte puede decidir a favor del demandante y requiere que usted cumphr con todas las provisions de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. N D 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, SURCIENTE 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 a UV ?\ f 2 Liberty Avenue, Carlisle, PA 17013 f i CL (717) 249-3166 l etfw a ?s7g ?2 -..3$'z'5- 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 (L1J) /2Sy-/1JJ FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. DIANNE ROTH 401 Haldeman Blvd New Cumberland, Pa 17070 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. / :575-3 ?0- 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, Dianne Roth, is an individual who resides at 401 Haldeman Blvd New Cumberland, Pa 17070. 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 March 28, 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 $23738.88 at an annual percentage rate of 19.750%, in order to purchase a certain motor vehicle, 2001 Chrylser Sebring 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 $494.56 for a period of 48 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, 2009, 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 $4200.00, however a balance of $3912.54 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 $338.73 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $4251.27. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $4251.27, 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' MAURICE & N AN, P.C. Attorney for A. TWVLJOR, ESQUIRE Date: February 26, 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: February26, 2010 PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 03/28/2005 Buyer (and Co-Buyer) N?ammeDEMAN and Address (in?g County and Zip Code) CREDITOR (RNMMrINNaHm and Address) APR 0 5 24 .1 MNHAL BLVD 1100SNARKETOSj INC NEW CUMBERLAND PA 17070 LEMOYNE PA 17043-1654 CUMBERLAND I- the aurw teed Casa.. m.1, mar tan V. h§ M drveed bear 1. nth a on cads Tra'ccah Prim' shown saber is tra cash etch of are venkle. Th 'Tow Bab Puke' snows baler Is Re credit prim ay egshq eta contract, you chow to buy an salt aaM go apsWUtWnb on to Rant and In alt of Rb mraaM. 2001 ? Pem ?Atykulkrel USED CHRYSLER SEBRING 1C3ELSSU1114676424 ? Cer„m„dal INSURANCE Trede4n $ N/A S WA Year as Make Gras ANowance Amount owiig YOU MAY OBTAIN VEHICLE INSURANCE ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE 1. Cash Price ........................... .......... ...... _............ $ 158%.00(1) 2. Down Payment Third Party Rebate Assigned to Creditor ..._._......_._._....... $ WA Cash Down Payment ............. ........................_......... __.._..._. $ 2000.00 Tnsdsdn S WA $ WA $ TVA Yet W raw e,a1 Aerewe Amwml ow,a Toth Down Paymant..._............_.__._._._._._......_._..._..._......... $ 2000.00(2) 3. Unpaid BNance of Cash Pries- It minus 2) ............ _.......... $ 131390. a) (3) 4. Amounts paid on your behaff (Seder may be ?Ndnfng a portion of these amounts) To Insurance Compantes for WA Credit Life Insurance (tor term of o~) ............ __... $ WA Credit DisaWNty Insurance (for tens of con ract)-......... WA [Term -Months (Estimate)] $ To Public Offthds (t) for license tee ($ 22- SD ), 6 registration ($ I m) tees $ 'I- 50 ; (t) fm fling fees $ BL g ; (u) for taxes (not in Cash Price) S 1029.00 $ 1117- T 5 O for $ WA To FORD I WM 1SiElaw t7r)!\trtr`P' COlV1[iAGT $ 1260_ M To I. R 9UTH Fdmtm nrr FF.F $----PALM To for $-WJL Total ..._._ .............................. _........................................................... $ 24-42 05(4) 5. Amount Firmwed (3 plus 4)...... ._ .............................._......_.......... S 1022 g5 FEDERAL TRUTH4N-LENDING DISCLOSURES ANNUAL FINANCE Amount Total Of TDfal Sale PERCENTAGE CHARGE Financed Payments Price RATE The dmm amount The amount of The amount The iWal con The cat of your the credit vvI11 °0dl provided to you wil rave of your Purchase on credit as a Ycady Isle Coe you you beor - your Mid when you C", ha! hale made &I i1cWvp your sdaduied dowrpaymad paymwda of $ am Gg,. 21 0?x sue; s $ `g s? .-24-264- aml% Payment Sche" Number of Amount of Each When payments q(paynlanb Paymwm are due Your payment schedule -- ; $ 696.16 ( M starting) wit be: 1 final $? Pram poymamt: l you pay dF your tlsM easy, you will not have to pay a peneay. Luc Payment: You must pay aside charge on the portion of each payment snowed mac man 10 days fate. The charge is 2 percent of Re We amount or $50.00 whichever is Iau. Security let-, : You are giving a seedy Nmsrost in the vehicle being purchased. Contract: Pieces see the Contract for edddional Information on security Imerest, ranpsymem ds%uK In right to require repayment of your debt In fuN balers the scheduled date. and prepayment pity n you do not mast your oaebad obpworm, yCo Nd may bas ceavNeob eW you tie - ' - tnldw no cleared, vehicle. ea 1111ca oath caw ash mace our Co tl 'vee anti ner w waft nosivad for ft NON-MODIFICATION DISCLOSURE Any change in On Contract must be n WftV and signed by you and lee Creditor. *10 AtluvER: X 8 y BYY ? THE ARBITRATION PR YO IS 10 SO NSTH ANDVERSAGREE TO BE BOUND CONTRACT. NOTICE TO BUYER Do not sign this contrild In blank. You are entitled to an exact copy of the contract you sign. Keep It to protect your Mo rights. Buyer (and Co-Buyar) acknowledge that (1) before si nin this contract, Buyer (and Co-Buyer) received an rev a true amplsteiy filled In copy of this contract and ((() at the tkne of signing this contract, Buyer (and Co-Buyer) recerv a a true an comp y filled in copy of this contract- ownit sloe co euvM solo le monad b a ay alemlea helow. Ras ashler aeospla Rrle aarumaet R no dear Agaignee assignment taacJad b this c I It tM Sew R sh BY e6e11Tb FC nor.a.u of rFl.res e4uew 1vr a vri) SEE BACK FOR ADDITIONAL AGREE PA YOU ARE NOT REQUIRED TO Off CREDIT LIFE, CREDIT DISABILITY OTHER OPTIONAL INSURANCE. ' CONTRACT WILL NOT INCLUDE T UNLESS YOU SIGN AND AGREE TO THE PREMIUM. THIS CONTRACT DOES NOT NCI. LIABILITY INSURANCE COVERAGE BODILY INJURY AND PROPS DAMAGE CAUSED TO OTHERS. ? Credit Life Insurer $ ;.,?s Premium Insured(s) Signature Credit ? Disability ?e? Insurer $ Pr t.- Insured Signature Other Optional Insurance Tenn Insurer $ Prertli r na ure Credit LJle and Credit DI@W insurance are for the term of Rte cenewL The amorat and overages are efwerrt in ¦ rmtl - or agrewrwn oven a you totlay Yau must Nauss the vehicle. R a -tangs is shown tabw the Cmdlor We try to buy the covwagp ejae. for the tams shoaar. Covaeau WBI be hued sun the cash value of tM loN at time of bear but not am Ran tM limits d Ras poNey. ? C- PO-100 ? $-X DaducNbb Collision ? Finn Thal -Combined AddrdorW Coverage ? TowkV and Labor ? Tsmm Months (Estimate) Pn rdrm S -I*% ? DIM CeaseaNiort was. Ada annum PPIll rm!) 11 via bm m d1erAW you lava Purdewd a (16111 calcaaacon wahw. Punfra at We oovaaas b aptlcal and k not reuedrad b Man ova. Thab e forma end coltdlYWa of ale dal carrweWarr wsNar M font h ale shades The prop for aftN k alouuvorabd into this cemad. ire price tar tie debt oenuetlkn .j If is eM form on the oritrad in sire Ilerrtilatiarr of Amount Financed under Becton 4. Program No. QUESTIONS? PLEASE CALL US AT 1-800-727-7000 or VhW us at www.fordemdk.com sa•oot ORIGINAL "`PRN"' Ford Motor Credit Company P.O. Box 17948 GREENVILLE, SC 29606-8948 (877) 805-7187 12MI(S00200018 DIANNE ROTH 401 HALDEMAN BLVD NEW CUMBERLAND PA 17070 Date of Repossession 07-23-2009 Date of Notice 07-25-2009 Date of Contract 03-28-2005 Account Number: 0388251 10 Buyer DIANNE ROTH Cobuyer DESCRIPTION OF PROPERTY Year T 2001 Make CHRYS ? New ? Used Vehicle Identification Number: 1C3EL55U11N676424 Model SEBRIN Body NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. I? s .tea r= s 7x 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. 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. The property is presently stored at: MANHEIM PA 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 $ 7.460.78 Plus Costs: Repo Expenses $ 370.00 $ Plus Late Charges $ 56.76 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 7,887.54 (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 ft. But the longer you wait, the We are sending this notice to the following people who have an 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 can 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 d to the dealer/original creditor. EK 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. STEPHANIE L KNIPPEL FFNA 119W.37 Jan 02 Previous edRbns may NOT be used. CUSTOMER/CUSTOMER FILE Pnnted,n U.S.A. Y %l O a ? sn ?p 8 0 0 0 °o 0 ° 0 ° 0 0 0 w o '?.Y C q CD N p H H CD N M ? ? ' Zs p 0 0 O a N $ O m O oo O m O CR 0 o (D a 0 OR co ? ? ? C4 C*j 04 cm N C14 C4 ? ?? h h H M H ! // H df l W) u1 M M M S 8 C 9 0 V 0 0 [ f o d 0 vi o ci n H H H ers H r, .n H a N i E N N p O o 0 r m a) r P. e) ) N N .) N N N N O 04 ? Go qr 12 It V et *- r G r` m N ONO d m ' N n pp N V n N P. O?00?0 O M NM N i W S 6 OO > O M JN O CD OD A >0 O Z ^ Q_ 61 N jr ?- of ? O C7 O ee?? ? O J O s?,? O_ W O N t7 >t_n R N d' 0 u a $ W ? m JQ d -W (L QW Q a2Q -Z CD ?U Q m 4. _ ,. < r- ?? W Q OpQ J0. > =Z? Q?- W m O J J C3=ce } NmRJ OO-J - 1 U) Naw? O W Z? 8- -OZa WZ 1 NF- V a aaY0= Lf) NI- 0. OOfn?x O ` u u U a o N O NZJ ? W NQ' 22 p J? > N Z 0 Zm o> N 0 fIJW i N Wrn OW WZ 0 -i CAO OXWF- o ix N U? O m? N =? O o a ?D X 2 w W 0 to < O W O W ? O? W4WQ ? O 0 '0 O () rx O Q In O M $ N Q1?- p Z IL o W D N 4 -o W N cpQ D ti i N p Q O OO N W M Q h NH ?> Q 1A Q ND m S N Z ao Q O- g 4 c ? CO otiQl7 o?vZ o N? - OvLL SS O(,r> ?O.coS Z it O?Nd d N fr1 O N S A ni N Ir o rq rL m S d 0 ?n P-1 .a rl .n A -0 A .0 r? -0 e?i N ?1 0- ni 8 ? 10 m m co m so rn rn m ? m m S . - r4 A A A A A r l r l u 0 0 0 0 O a o a o 0 E A D rq C3 0 rl rq C3 rl C3 r-1 C3 rl C3 rq a E d O O O O C3 O O O O D ? L. is 1 C3 s O S d S O S Q S d S a S O S aQ CO) ' (_a -a 0 .L 0 -0 a -a a .0 a .D 0 ..0 0 .0 0 O 0 p m (yo 000 m .?-i -l rq rl -l A ? r-l A ? rl A $ ..l r3 J M1 N M1 [? M1 M1 N N i ? Z N N N N N g3g F? 1 N N 7 3 a ti Z69TWETOO`[ODOh9006if Ford Motor Credit Company P O BOX 17948 GREENVILLE SC 29606-7948 877 8057187 DATE: 2009-09-16 POVKXZ00100072 DIANNE ROTH 401 HALDEMAN BLVD NEW CUMBERLAND PA 17070 STATEMENT OF SALE Account Number: 038825140 The following property has been sold. Year Make Model Vehicle Identification Number: 2001 CHRYS SEBRIN 1CKI-55U11N676424 Balance owing on your contract (1) $ 7,517.54 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 7,517.54 Deduct: gross proceeds of the sale (4) $ 4,200.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 3,317.54 Add: Expenses of retaking and storing, and (6) $ 595.00 any attomeys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ 0.00 (8) $ 0.00 Other: (9) $ 3912.54 Deficiency" Surplus* (10) $ N/A The Surplus/Deficiency will change based on monies received by us (credits) or additional a llowed expenses 8r 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 lin e 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 01/04 Previous editions may NOT be used. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff RED-- of ?Ir Jody S Smith ^?1,,f`r Chief Deputy 16 I2: 21 Edward L Schorpp Solicitor Ford Motor Credit Company i vs. Diane Roth Case Number 2010-1553 SHERIFF'S RETURN OF SERVICE 03/11/2010 04:30 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1620 hours, he served a true copy of the within Complaint and Notic , pon the within named defendant, to wit: Diane Roth, by making known unto herself personally, at 401 al eman Boulevard, NeA Cumberland, Cumberland County, Pennsylvania 17070 its contents an At the ame ime handing to her personally the said true and correct copy of the same. -, SH?VI7R'HA RISON, DEPUTY SHERIFF COST: $43.30 March 12, 2010 SO ANSWERS, 4RON ANDERSON, SHERIFF ;c CoU'*,'S,nt@ Sheriff. Teleo=oft. I,,- r MAURICE & NEEDLEMAN, P.C. Attorneys for Plaintiff ...~ _. BY: Joann Needleman, Esq. 1 ~ ~, :' Identification No. 74276 z~~"~ ~ `F~ _ ~-~~? ~~~ Charlene A. Taylor, Esq. ; r - ` ,_, .. ""` ~ _ Identification No. 203920 ; ~~~_; ~ ~ ~~ 935 One Penn Center ~'- __ -v 1617 John F. Kennedy Blvd >. -~~_ ~ :;: Philadelphia, PA 19103 _ ~ ~ (215) 789-7155 ~ ~ FORD MOTOR CREDIT COMPANY, A CUMBERLAND COUNTY COURT OF DELAWARE LIMITED LIABILITY COMMON PLEAS COMPANY Plaintiff CASE NO. 10-1553 CIVIL TERM v. DIANNE ROTH Defendant(s) PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: No answer having been filed in the above Civil Action, kindly enter Judgment in favor of Plaintiff, and against Defendant, DIANNE ROTH in the amount as follows: Principal Amount $ 3912.54 Interest to Date $ 514.45 Costs $ 135.30 TOTAL $ 4562.29 MAURICE & I~E~D~I,F~IVIAN, P.C. BY: Attorney TAYLOR, ESQ. Date: May 19, 2010 $ I~.oo P~ ~`Y'i"I ~`ffatl37 IJo~-t.eR. ~a,,-lid Attorneys for Plaintiff 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 (L1J) /iSy-/155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff v. DIANNE ROTH Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-1553 CIVIL TERM (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $4562.29 on (X) A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. s ~ ~. ~ i Prothonotary/Clerk ~, by: If you have any questions regarding this matter, please contact the filing party: Name: Charlene A. Taylor, Esquire Address: Suite 935, One Penn Center at Suburban Station 1617 J.F.K. Boulevard Philadelphia, PA 19103 Telephone No.: 215-789-7155 (This Notice is given in accordance with Pa.R.C.P. §236) 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 Attorneys for Plaintiff 151 72Sy-7155 FORD MOTOR CREDIT COMPANY, A ~ CUMBERLAND COUNTY COURT OF DELAWARE LIMITED LIABILITY COMPANY Plaintiff COMMON PLEAS CASE NO. 10-1553 CIVIL TERM v. DIANNE ROTH Defendant(s) AFFIDAVIT OF MAIL SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, CHARLENE A. TAYLOR, ESQUIRE, being duly sworn according to law, deposes and says that he/she is an attorney at law and that on 04/29/10 he/she mailed a written Notice of Intention to File the Praecipe to Defendant, DIANNE ROTH , at 401 HALDEMAN BLVD , NEW CUMBERLAND, PA 17070 by regular mail. MAURICE & LEMAN, P.C. BY: CHA L E A. TAYLOR, ESQ. Atto f r Plaintiff SWORN TO AN~ p SUBSCRIBED before me thia~ day of ~9~j~~ ' 2Q~ . Notary Public DcxtOrNY HARRIS~Lr-WRpNpRE, Notary public Citl- ~ Phiidap~i~, Phis. Coup My Commiaslon tx March 13, ~Ot2 -~ . 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 Attorneys for Plaintiff (L15) "ItSy-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff v. DIANNE ROTH Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-1553 CIVIL TERM CERTIFICATION OF NOTICE TO ENTER DEFAULT JUDGMENT It is hereby certified that a written Notice of Intention to File the Praecipe was mailed on 04/29/10 to Defendant, DIANNE ROTH ,against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A copy of said Notice dated 04/29/10, a copy of the mailing to the Defendant and affidavits of service are all attached hereto. MAURICE & BY: P.C. TAYLOR, ESQ. Date: May 19, 2010 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 Attorneys for Plaintiff (115) "RSy-"/ 155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff v. DIANNE ROTH Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-1553 CIVIL TERM CERTIFICATION OF ADDRESSES It is hereby certified that the parties have the following addresses: Plaintiff: FORD MOTOR CREDIT COMPANY P.O. Box 6058 MESA AZ 85216 Defendant: DIANNE ROTH , 401 HALDEMAN BLVD , NEW CUMBERLAND, PA 17070 MAURICE & BY: Attorney P.C. TAYLOR, ESQ. Date: May 19, 2010 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 Attorneys for Plaintiff (l15) ~/2Sy-"/155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff v. DIANNE ROTH Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-1553 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, CHARLENE A. TAYLOR, ESQUIRE, being duly sworn according to law, deposes and says that he/she represents the Plaintiff in the above entitled case and that Defendant, DIANNE ROTH , is over 18 years of age; the occupation of Defendant is unknown and to the best of Plaintiffs knowledge, information and belief, Defendant is not in the military service of the United States, nor any State of Territory thereof or its Allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. ~ ~ MAURICE &/NEI~I~,EMAN, P.C. BY: A. TAYLOR, ESQ. SWORN TO AI~ SUBSCRIBED befgre e thi~ day of 1~~~~ , 20ut$ . Notary Public NC1TARi DOROTHY HARRIS-LAWRtM~^^. l~:oi3ty Puhli~; ; City of Phsla!ie'r My Comm+~ .~ . ~~~ =rwD OC °mn m r =mz DZ~ Dmm ,zm ~~~ ~~~ D Z n ~=z nDZ = C ,- m ~o~ _ 0o m O rn ~ --~ = ~,~Z= z ~' 0< - ~~ T> - o - V "' o N W o = ~~~ti ~o~~~ ~~T°o ~~ °o~~~ owrnmio 7. ~ off .. L6LE9S5600SZ90 Ariorrreys at iaw Suite 93i, (tna Penn Center 16iT Jahn f. Kennedy Blvd. Phitodelphia, PA 19103 tel. 215.665.1133 tax 215.563.8970 www.mniawpc.com Donold S. Mourice Member N18ar Board Certified Geditars' Bights Law Americon Board of (ertifitalion Joann Needleman Member PA 8 NJ Bm Thomas R. Dominszyk Member Kl, NY 8 PA Her Chorleee A. Taylor Member PA Bar Newkrsey0fiire Maurice 8 Needleman, P.C. Suite 2007 5 Walter f. Faran Bird. fkmington, NJ 08822 tel. 908.237.4558 fax 908231.455E Apri129, 2010 DIANNE ROTH 4-01 HALDEMAN BLVD NEW CUMBERLAND, PA 17070 Our File No. 12228 RE: FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY v. DIANNE ROTH CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO.10-1553 CIVIL TERM Dear Mr/Mrs/Ms ROTH: Enclosed please find a ten (I0) day notice of default which is self- explanatory. This is being served upon you due to your failuxe to respond to Plaintiffs Complaint served upon you on. March 11, 2010 . Unless an answer to Plaintiff s Complaint is filed with the Court within ten (10) days from the date of this notice, a default judgment maybe entered against you. If you would Like to discuss a resolution to this matter, please call our office at 908-237-4571 and ask for Kim Crosby. Thank you for your prompt attention to this matter. Ver MA Cho CT/jm Enc P.C. THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS FIRM IS A DEBT COLLECTOR 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 191.03 Attorneys for Plaintiff 1~1 "12Sy-/155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P}ainriff v. DIANNE ROTH CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-1553 CIVIL TERM IMPORTANT NOTICE TO: DIANNE ROTH DATE: April 29, 2010 401 HALDEMAN BLVD NEW CUMBERLAND, PA 17070 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARWG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WTTH. INFORIvIATION ABOUT HIItING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDIJCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue, Carlisle, PA 17013 (717} 2~9-3166 MAURICE & NEE AN, P.C. BY CHARL YLOR, ESQ Attorney Plaintiff Request fot I4lilitary Status Department of Defense Manpower Data Center Military Status Report ~~ Pursuant to the Service Members Civil Relief Act Nov-23-2009 09:58:43 ~ 1~1 e First/Middle Begin Date Active Duty Status Active Duty End Date A nce a m e g y BOTH DIANNE Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon i~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Service Members Civil Relief Act (50 USC App. §§ 501 et 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 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 is on active duty, 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 ~://www.defensel~nk.mil/faq~pis/PC09ST.T)R.hrml. If you have evidence the person is on active duty 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., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 1 O1(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days 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 TARS, Marine Corps ARs and Coast Guard 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 https://www.dmdc.osd.mil/appj/scra/popreport.do[11/?3/2009 1?:58:54 PM] Request fot R~Iilitary Status or the National Oceanic and Atmospheric Administration (NOAH Commissioned Corps) for a period of more than 30 consecutive days. 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. 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 SCRA extend beyond the last dates of active duty. Those who would 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 name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:AAHGJV6RJN https://www.dmdc.osd.mil/appj/scra/popreport.do[11/23/2009 12:58:54 PM]