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HomeMy WebLinkAbout10-2041MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 ,e5arlene 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 REQt?WEM Attorneys for Plaintiffs `' . fn (? l? t? /69-/1JJ FORD MOTOR CREDIT COMPANY, A CUMBERLAND COUNTY COURT OF DELAWARE LIMITED LIABILITY COMPANY COMMON PLEAS P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. CHARLES M GEHR 131 Strayer Dr Carlisle, Pa 17013-4447 Defendant(s). Case No. 10 -a041 0,1V i L 1e M 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. 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 demanda 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 tomam medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Adernas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinem 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 O (717) 249-3166 5 *u. oo PD A`Ctq OV-1 &1'115 rA*a3g3a3 CIVIL ACTION COMPLAINT AVISO 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 (215) -/89--/155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. CHARLES M GEHR 131 Strayer Dr Carlisle, Pa 17013-4447 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, Charles M Gehr, is an individual who resides at 131 Strayer Dr Carlisle, Pa 17013-4447. 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 July 14, 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 $42235.84 at an annual percentage rate of 0.000%, 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. 5. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $687.26 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 January 12, 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 $16100.00, however a balance of $6609.11 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. The total amount due and owing at the time of the filing of this complaint is $6609.11. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $6609.11, 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 e , MAURICE & D MAN, P.C. AYLOR, ESQUIRE Attorney for Date: March 11, 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: March 11, 2010 male! F mn`VmFCT VFIRCLF RETAIL INSTALLMENT CONTRACT DATE 0 7 / 1 412006 14e0D727-7000 rjeno C~ Name and Address (ucluwg Caary afd B SELL 101)FTOR (BMW rrass ado Address) 4 Z MCCAFFERTY FORD OF MECHANICS BURG CHARLES M GEHR INC 76 E LOUTHER STREET 6320 CARLISLE PIKE CARLISLE PA 17013 MECHANICSBURG PA 17050 ® yeeew.torderadl.cefrn h " " rmy brlY ar dowses 'Val'or 'VW b d do . e, se The r a W Iffe w7w 7th BUyw lab Nam4Y rabmdtlyorr almim babes tl TCarr Palm.' 1M bar Pie le sawn Neb. u Toed tLle Pace.' aY radAO Nis aorraaf. Yw below bee seal a w aadl Tr wh :,W choose m b, ea veh" on aer urbsrar m fa trodant OSIIIdM omaeef. NaaLaed saw and Are MOOeI VMitls lenwnarn Number the Far Vrtwaf Pumh o d T.X Pen-W 0 Apisuel NEU II/A p F006 TRUCK O camwdal ITBIIQATION OF AMOUNT FINANCED NISURANCE YOU ARE REQUIRED TO INSURE THE ------ _._...... _........_. f 37141. On (1) VEHICLE YOU MAY OBTAIN VEHICLE 1. Cash price . - _. 2. Down MFFrM INSURANCE FROM A PERSON OF Third Prty Rebels Aasiprd to Sear _._.____._..._........... $ ](1 Q . DO YOUR CHOICE Gss Dean N/A - LIABILITY INSURANCE COVERAGE Tyede4b2003 FORD T $ N/A I NIA f NIA FOR BODILY INJURY AND PROPERTY year alW IANr Grp Maresca AnbIIN OmO DAMAGE CAUSED TO OTHERS 16 NOT Total Dan Payaem____._.__...._._10n0.A0 (2) INCLUDED. 3. UWW Balance at Cash Prim (t minus z) .......__................... $ 19141.00 (a) CREDT LIE, (XREDR DISABWTY AND RE 4. Areaea Paid on your behalf (MW may be mWnp a pWW of llm wriounr) C OPTIONAL INSURANCE ARE " To Public OMalNe NUT REQUIRED TO OBTAIN CREDIT W 1m license ($ 10.00 ).No ($ 22.50 ), d AND WILL NOT BE PROVIDED UNLESS registration ($ 36.00 y faal N 68.50 YOU SIGN AND AGREE TO PAY THE (i) to, lung isse $ 5.00 (III for tame pmt in Cash Prim) N 21751"14 3 9409. 94 CradM OL"11" To lnesrere 0anpanNe for: Insurance Company N/A Cade ua krasspa Crem Mubi ry llrwwalce MIA S a /e N/A (Tam N/A Morahs)...._$ N/A Premium Insured(s) N/A Term N/A Manha)•-•--•-$ N/A You wan! Credit Lile insurance. To - for GAP WAIVER $ 500.00 To RESOURCE fur PI ATINUM $ 11199.00 To M AFF RTY FORD OFfor nth FFF I CS On/0111 IIL 44 On Buy. Signs TOA4 rr V1A f Nfe T. 111. W N/A s VA TOY/e Nor N/A f e/e Co-Bu/er Sigme A4 (e) C Tarl.__...___..__._........_-............ _......_...._.__.....__......e n i ra k Ii5_Rd 2 S Ahnouei FlnrNad (3 par 4)....?._......_.._.._..__._.._...... N (H p Day nfura' I race Company FEDERAL DING DISCLOSURES g ANNUAL FINANCE Alaount Total of Total Sek Promium Insured(s) PERCFJfTAGE CHARGE FNIMIced Payments Price You waft CrerNt Disability Insurance, RATE T1r actAart a Tfr tlapaf T1a mar pet Th. dales amamt papa apaeerf Yoe, W taw a Yopr weiase TM mtl d your Ion tiler W m Mar a m pk e i On nadi *"v raur 1°Y° dl r asst r e rrM na ma vole Ma assn Buyer Signs ied adwa ssYmwn df 1nnn.nn 0.00 % F 0.00 41235.84 s 41235.84 f 42235.84 Cdr Sigrw V r h OTHER OPTIONAL INSURANCE /ararepwrres Amaadd PaeMON lrna iMA Mo... 06amFAma1 MA-ft Coveage endc Tan m Prawn end -- Aepnur NIA $ PIA 4A IN/A MIA 0 1 Byl1/A N/A mepaPrru: n you fRM on Your red wr1'• You wYl ear true m 0aY • psrWly. 4; 56-14, harmer: You am Wvee a awvmy Imwaa m ar vsiab bane wmmeal Rah OayrhhrrA: YW mud Pali i Iw oAwP an w para^ d tldr WPnere reswo male con 10 A- EIVA N - ! doy. w. rn. afrga u z.o panda! a Wa rr aervm. wNCh Caneesb PWa ass heal Wmna for as fl o 10 meow m a my Mona. you wad the OPfaan -- bee dorm, ma rIPM b nary nparmanl d your doll In lue baba me adadurrrcd dale.rmaymaM. aed prroums are mac kW d shove. dnesPaaa alllrry. If you do not meet your contract abegeeorr. you may bee your vehicle, as well m ben plfrla and floods PW w your vehicle and money or goods received ter Buyer Sorm our v y BALLOON 0011-1BACT PROVIelON6 ? YD iad'neWYnwa paynwt undo role oMraa is a bWbm paYmem. CoBUYw Sip's ZXGM WEAR UN AND MILEA" CHARGES coast LMa rid crew DWOORRy Maass n kK dal alai a She aawesu Tn mead aed If dale bat deadly eltme I. dfeelastl, me asetlon,'Parapaph B. am Panpraph C of esesrpr w same, m • sate a aenrrmm tda owtmal apply. You may W aarged for earnaive wear based vpon our abnmrds Gwen alp yea rdw. br normal use. a you eearwe ea claw b sell me vehicle back b Saar ubw Paragraph B, you mat pay sm Slaw SOY /A par mile for eaaf awe in aeeass OrOt Glnasltllaa Wallas app del A miss shown m the edom.ar. We rot Is draud wa Iw pudrara a red E)fTRA MILEAGE OPTION CREDIT aaror.uon srwr. Pv wssa a eas aaaass. h It It a canine Imresba a below paYrASd lac Wasted above), and yW have apdaW cod Is rot mire m OwIn arr. Thal amt ar d mslhom d ar doll oarraun sees, mmMW yam Opdw to WI the vehicle to the Slaw umber paragraph B. the an w IoM in lea Memo Aldandu, ~ b PsaWW appeal to your comrad. N the sardMed alb of Use contract, You ell ifaarsaerdlw aid ovaaa.mr paps mrarmr receive a wide d ID. N/A par waled role for rid nurww of unused mks a.ssw.am aelwrw Mmanarmm.amw bell~ NIA and N/A na", less any rmunu You I Iweitlea,d maaa Fe -dlra ew4. ows Urbw INS contract. YW Wl not IKaive wry pedal N me wale is destroyed, dal owwW wbe sally, or yaf w b default. Y W ee na nasty dry . a ..is BWr btl man $1.00. Slpa NON410DWICATM DISCLOSURE ' W you and Pa S.W. roue be n wmnq and Mrad Arty dr rya b? ? ?\ 1`?I ,Q YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE ROLM BY THE ARBITRATION PROVISION ON THE REVERSE 8IDE OF THIS CONTRACT. The Amer PerorMge Rob wry be rha9 1 with to Sell- The Soller may assign a" coven ct and near mr"In he right to receive a portion of the Finance Charge. NOTICE TO BUYER Do not sign this contract in blank You are entitled to an exact copy of the contract that you sign. Keep it to protect your algal rights. p a ya( • ?, yL)CM?AQr?, x Sipes 5*0 Buyer (and Co-Buyer) acknowledge that (1) before slaWng RIs o011tratx. Buyer (and C"uyer) received and reviewed a true and complsbsy filled in espy eh s contract and (II) at the three of signing this contract, Buyer (and Co-l uyer) received a true and completely filled In copy of this contract. R nralc'e1 .r GSM Y 9.? ?]I? .all Ylr'..." Cp.eayar x awra MCCAFFERTY TORO OF MECHANICS j L ?1L LiwJ A ?` ' e N[ ay . Pal - Tnla A YOU AND BELLI* SIGN R. THIS CONTRACT IS NOT VALIDIi k A881GIMAENT GW way imador the arract r waaarpraan 'he ceases r ern awe r laaKa deMa, PNrees• sic rresaa By agnlnp New. ar erwaaroeaessssa s,FORO MOTOR CHLOIT COMPANT (•An4ree). Ta awdssi A..q?rw elan our s mmaL sou 1-800-727-7000 , a .rat ear stela r . fordc reEt t. eom MCCA[ FFERTY FORD OF MECHANICS mwvOr a ?a1 SEE OTHER SOE FOR AOOROML AGREEMENTS ORIGINAL Ell • 0 "'PRN"' Ford Motor Credit Company P.O. Box 17948 GREENVILLE, SC 29606.8948 (877)805-7187 POOD6000200036 CHARLES M. GEHR 131 STRAYER DR CARLISLE PA 17013-4447 Date of Repossession 03.09-2009 Date of Notice 03-13-2009 Date of Contract 07-14-2006 Account Number: 041083440 Buyer CHARLES M. GEHR Cobuyer DESCRIPTION OF PROPERTY Year 2006 Make FORD Q New ? Used Vehicle Identification Number: 1FMEU73MBUB33314 Model EXPLR Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. =C -1 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 Sate 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 i 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 1190LANCASTER 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 $ 23.353.33 Plus Costs: Repo Expenses $ 220,00 Plus Late Charges $ 13075 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 23,587.08 (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 t. But the longer you wad, 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 dealerloriginal 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 t to the dealer/original 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 (01 Exchange, LLC) its rights (but riot 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. NINA I. FORBES4(AMAU FFNA 119(18x7 Jan 02 Previous edffi-. may NOT be used. CUSTOMER/CUSTOMER FILE Pr,e ,n U.S.A. ?a -7 -L Y --- -- - - a - .4r aa_ LL o $ S co o $ N ° $ N S oOo S 0p COo e a a y S '? ? = M °o N y N S N p N o h H 1? N M N S /NA N S N H 8 N • $s m ? ? m ? ? m ? m ? m ? m ? 8 o Y? O p N N po N p p H M oo N po N ? N N A O m } W CA ? 4 1nz? e7 Q? a CpO Of sg? W W o Q ° $ r z ?-a $ C#) g cn N Q Ol g=OZ Of $Sa < Y .5 wQ 3 as x Sw D O ZV ozY' Q F-& x? ,':???T oz paX Q pp § = c i$cw7or ZWO. ? w W? S o Ux? $ ZZ zIL Q bea c pp ?ja i °axQ_ ? at v N? Hg Sw w law ?X 0 X 02wv oZtY Ny} SLU O mO o?O? Na SD N ONw.J pJ_W N WW ) p -a _•-c3 ? k ? 'Z W1?w 1 =m Z }u.3 pJ rA t r_ wi?V, Dco w U > K ? r - D >w3 ? ? : gy [ ?awJ xs °??j a Q -+Q4 ? QQ ? r ? ??yaaW O ? pC ?p ( J i LL U? a g? a 2S2Qafa YNV U O U U Na 0?V 3 r-l 0 cr .o M1 0 O [?- S a O M1 M1 r-I M1 r` S ru M1 M1 m M1 M1 co © Q" M1 S a O do A O ? O rl © ra •O r9 0 r'9 O rq O D C ?j O S O O G O O O O e Z ° C r O A O O r -l O G O O A Q O r-q O O ri O O ra O O A O ? K E m? e a 0 0 0 0 0 0 0 0 N ?, 7 .0 o S -a 0 S .b 0 S . 0 0 S . D 0 S A O 0 S -0 O 0 S Q O - C cm O O C3 O O is 40 O s o A A a A A A M1 ?' ie J ty J r` t` M1 N M1 M1 M1 g chi e?i eq r?i c°Di v `[069TDTD0TOO0h9006TL A r g v U. I May-13-2009 04:28 PM Ford 8775884190 46/86 Ford Motor Credit Company Greenville Business Center P.O. Box 17948 Greensville, SC 29606 877-805-7187 DATE: May 13, 2009 rCHARLES N. GEHR 7 131 STRAYER DR CARLISLE, PA 17013-4447 STATEMENT OF SALE Account Number: 041083440 I I The following property has been sold: Year. 2006 Make: Model: FORD EXPLR Gross balance owing on your contract Deduct: Finance Charge Rebate Balance owing prior to sale Deduct: Gross proceeds of the sale Balance less gross proceeds of the sale (3 - 4) Add: Expenses of retaking and storing, and any attomeys' fees allowed by law, and expenses of reconditioning and selling. I Vehicle Identification Number: IFNEU73846US33314 (1) $ 23,367.08 (2) $ 0.00 (3) $ 23,367.08 (4) $ 16,100.00 (5) $ 7,267.08 (6) $ 578.66 Deduct: Insurance Premium Rebate (7) $ 1,236.63 Other. (8) $ 0.00 Deficiency- (9) $ 6,609.11 Surplus* (10) $ 0.00 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 online 9 to the address for payments shown below. For additonal 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 FFNA 11990 01104 Previous edtfts may NOT be uses. MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 F!L FFICE Attorneys for PlainifffT = } T? R Y - ')G (21 S) -/z59--/ 151 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. CHARLES M GEHR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-2041 CIVIL TERM 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, CHARLES M GEHR in the amount as follows: Principal Amount $ 6609.11 Interest to Date $ 0.00 Costs $ 0.00 TOTAL $ 6609.11 Date: November 2, 2010 MAURICE & NEEDLEMAN, P.C. BY: JOA EEDLEMAN, ESQ. Attornfor Plaintiff 414.oo PA ATrV Cit 612778 e a5'ow tloj,t C.e uo w MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (l l J) /tSy-"/ 151 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. CHARLES M GEHR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-2041 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 06/10/2010 to Defendant, CHARLES M GEHR , 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 06/10/2010, a copy of the mailing to the Defendant and affidavits of service are all attached hereto. MAURICE & NEEDLEMAN. P.C. BY: JEEDLEMAN, ESQ. for Plaintiff Date: November 2, 2010 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (1,15) -/89-"1151 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. CHARLES M GEHR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-2041 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: CHARLES M GEHR, 131 STRAYER DR, CARLISLE, PA 17013-4447 MAURICE & NEEDLEMAN, P.C. r BY: JOANN EDLEMAN, ESQ. Attorne for Plaintiff Date: November 2, 2010 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff 189-7151 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. CHARLES M GEHR Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-2041 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that he/she represents the Plaintiff in the above entitled case and that Defendant, CHARLES M GEHR , 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 &/?+F-EDLEMAN, P.C. BY: JEEDLEMAN, ESQ. for Plaintiff jN ORN TO AND SUBSCRIBED ore me this day 2040 ary Pub i TM of COMYLUM "OuNk VIAL Tom" wPiMow, Nowy oc«r* . 1h MWOM] Nenrpwnio p Attorneys at low Sella 935, One Poem Cooler 1617 John F. Mennedy Blvd. Philadelphia, PA 19103 tel. 215.665.1133 fox 215.5633970 www.mmiawpc.com Dowd S. Mourks Member NJ Bar Board Certified creditors' Bights Low American Board of Certification Joann Needleman Member PA & NJ Bar Thomas B. Bomincryk Member NJ, My & PA Bar Charlene A. Taylor Member PA Bar June 9, 2010 CHARLES M GEHR 131 STRAYER DR CARLISLE, PA 17013-4447 Our File No. 12360 RE: FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY v. CHARLES M GEHR CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 10-2041 CIVIL TERM Dear Mr/Mrs/Ms GEHR: Enclosed please find a ten (10) day notice of default which is self- explanatory. This is being served upon you due to your failure to respond to Plaintiffs Complaint served upon you on April 21, 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 may be 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. urs, MAZ>& NEEDLEMAN, P.C. , Esq. New Jersey Office Negrito & Moodlemn, P.C. Suite 2007 5 Waller E. Force Blvd. Flemington, NJ OU22 let, 908237.4550 Tax 908.237.4551 CT/jm Enc 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 19103 Attomeys for Plaintiff It)) 789-715t) FORD MOTOR CREDIT COMPANY, A ` CUMBERLAND COUNTY COURT OF DELAWARE LIMITED LIABILITY I COMMON PLEAS COMPANY Plaintiff V. CHARLES M GEHR CASE NO. 10-2041 CIVIL TERM IMPORTANT NOTICE TO: CHARLES M GEHR DATE: June 9, 2010 131 STRAYER DR CARLISLE, PA 170134447 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 HEARING 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 WITH INFORMATION ABOUT HIRING 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 REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & if MULEMAN. P.C. BY CH ENE TAYLOR, ESQ Attoi ev for Plaintiff 062goooy583191 Im. o I uoj 0) CIO, 0- Ff. ??aaZ=i Cie) T wWO C) Ui CL N?-w - _ = M Q - V Q z Q o wh -? H Q3 Z r Z0 CL p z 4 Z LU ua °'. w w Io cc0Zg Q M Z 0) CL Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Dec-08-2009 09:12:36 Last F rstlMiddle Begin Date Active Duty Vitus Active Duty End Date Service Name Agency Based on the information you have furnished, the DMDC does not possess any information GEHR CHARLES 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 F1911 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 smallerror 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 htW-//www.defenselink.mii/fa"is/P 09 DR.htm . 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 § 101(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 N.c ti .aina::.OSC annv,;craroonrenonzofl2/W2009 1^_:12:47 PM' Request for Military Status or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCR.A 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:CJ2BVCK861 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff /ZS9 /1J1 FORD MOTOR CREDIT COMPANY, A CUMBERLAND COUNTY COURT OF DELAWARE LIMITED LIABILITY COMMON PLEAS COMPANY Plaintiff V. CHARLES M GEHR Defendant(s) CASE NO. 10-2041 CIVIL TERM (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $6609.11 on /6110 (X) A copy of all documents filed with the Prothonotary in support of the within judgment is enclo f W. j j othon tary/Clerk by: If you have any questions regarding this matter, please contact the filing party: Name: Joann Needleman, 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)