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Home My WebLink About10-6094ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Defendant(s). l ?) f tSy-"f 155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. RICHARD A GRAHAM 953 Greenspring Rd Newville, Pa 17241 LAVONDA J GRAHAM 953 Greenspring Rd Newville, Pa 17241 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS `? /? Case No. (p - &09`f 0,i t1Te M 4" IrX7ilf A t`rII T%T f' nW4DT A TIt,T r c? o'Z t:- C- D 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. AVISO 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 demands y la notificacion. Race 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. -'? 'ZO -' 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 a Lawyer Referral Service ?i: 2 Liberty Avenue, ! qa, 00 Ap AM Carlisle, PA 17013 (717) 249-3166 01 a3X4 0 ay8 to A'7 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 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. RICHARD A GRAHAM 953 Greenspring Rd Newville, Pa 17241 LAVONDA J GRAHAM 953 Greenspring Rd Newville, Pa 17241 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, Richard A Graham, is an individual who resides at 953 Greenspring Rd Newville, Pa 17241. 3. Defendant, Lavonda J Graham, is an individual who resides at 953 Greenspring Rd Newville, Pa 17241. 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 October 31, 2003, 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 $16323.89 at an annual percentage rate of 9.990%, in order to purchase a certain motor vehicle, 2003 Ford Focus 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 $302.33 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 November 25, 2009, 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 $3700.00, however a balance of $2790.34 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 $42.00 and which will continue to accrue. 12. The total amount due and owing at the time of the filing of this complaint is $2832.34. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $2832.34, 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 submitted, MAURICE & NEEDLEMAN, P.C. NEEDLEMAN, ESQUIRE for Plaintiff Date: September 16, 2010 VERIFICATION I, JOANN NEEDLEMAN, 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: JOANI );4EEDLEMAN, ESQUIRE DATED: September 16, 2010 10/31/2003 ~SYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT Suy?r (and C HAMNarne and Address ondudn T and Cade) H t GATE CREDfTOR (Satiar N' and Addreu ) 953 GREENSPRING RD 953 GR ENSR P MGRU PARSONS INTERSTATE FORD LLC NOV 0 4 2091 NEUVILLE PA 17241 NEWVILLE PA 17241 196 WALNUT BOTTOM RD CUMBERLAND CUMBERLAND SHIPPENSBURG, PA 17267 !5ZV V "TOW Seel Pita' charm below I NV* erect pna. By elgnlap U4 eerrtreeti you 111100111110 •,•••,••. -morn rnw- snows aelvw IS the each price of Me veMOM. The buff On Cress urssr dr agraenwms on thatrent mad beak of INs correct 7EW Year and Make Model GVW it Truk Venda Identification Number Use For WNCh Pvdeead 2003 12 Peacnal ? Agricultural FORD FOCUS IFAFP34333W264164 O cemme w 5 CHRYSLER CI RRUS it 1800.00 s 3004.65 INSURANCE Year and Make Gress Aeoxanca Amour Owing YOU MAY OBTAIN VEHICLE INSURANCE ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE. 1. Cash Price ..... _ ................ -.................. _._...... _........... »._.................... $ 16630.00(1) YOU ARE NOT REQUIRED TO OBTAIN 2. Down payment CREDIT LIFE, CREDIT DISABILITY AND Third Party Rebels Assigned to Creditor ....................... $?ro0 OTHER OPTIONAL INSURANCE. THIS Cash Down Payment _ $ CONTRACT WILL NOT INCLUDE THEM Trade-in 95 CHRY 00 UNLESS YOU SIGN AND AGREE TO PAY $ THE PREMIUM. YMr re wb over Aeo.ep Aneuw O." Total Down Pay me ....... _._ ......................... _._............... ............. $ 3277.00(2) THIS CONTRACT DOES NOT INCLUDE 3. Unpaid Balance of Cash Price (1 minus 2)..„ ................ _ $ 13353. LIABILITY INSURANCE COVERAGE FOR 4. Amounts paid on your behsN (Seller may be retaining a portion of these amounts) BODILY INJURY AND PROPERTY To Insurance Companies for N/A DAMAGE CAUSED TO OTHERS. Credit LIe Insurance (for tern of contract) ............ _.......... $-- */A Crotlit Disability Insurance (for term of contract) ........... $ R!A _ [Term Months (Estima fq1 To Public OMiclals (i) for license ($6 A-6 O tat this 6 ? Credit Life registration ($ 20.09 fees $ N/A; Insurer (ii) for filing tees $ 5.00 E N/A (iii) for taxes (not in Cash Price) S 763.74 $ 817.24 Premium Insureds) To for $-`N7A Ffor $Ulu. ro0 Signature To for $----5107b0 To for ?.6S Total ....._......... .. 89(4) ? Disability 5. Amour Financed (3 us 4)...»._............ ._ ................ _....... _.......... (5 $ N/A Insurer FEDERAL TRUTH-IN-LENDING DISCLOSURES Premium Insured ANNUAL FINANCE Amount Total of Total Salo PERCENTAGE CHARGE Financed Payments Price Signature RATE The dollar amount The amours of The amount The total coat The oost of your the Credit will Creak Provided to you will have of your purchase an credit as a yearly rate cost you you or on your pas when you credit, 0 behalf have made all including your Other Optional Insurance Tim scheduled n / rt 9.99rx $ 5443.87 $ 16323.89 0i "j91 7 f $ 'r "00 $ Insurer Premium Payment Seledule ?N Number of Amount of Each When Payments -Igna re Your payment schedule /2 $ ftWMd33 we due credit Lets and credit bNW insurance we -NIA -_ (m 3 for the farm of On contract. The amour and will be: 1 fdlel S coverages era shown In a notice or agraement given fo you today. Late Payment d YYou ou Pamust pay a il Off Your lde early, you will not have to pay a penalty. than 10 days late. The charge on the portion of each payment received more charge Is 2 percent Of the late amount or $50.00 whichever is leas. Security Irmto : You are giving a security fnNraat in the vehicle belnp pureh imcl. Contract: Pisses an dte contract for additional Information on sectary hderaeL nonpsyrnem dvhwt, the right to requhs repayment! d your debt in full before the scheduled claim. and Prapayrrwnt Penang. If You do not meet you cenvaa obapatlere, you may lone dims vsNCb that you we fYNnceq larder to wall ss hotlm party end goods cent m de veNde Intl money or goods received for eve vatdda. NON-MODIFICATION DISCLOSURE Any enarrga in rhea swotneel moat be ln and a0fed oy Yoe orb ten Cradilor. BUYEER. /// ER: X SIGNS YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND 96% ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CT. NOTICE TO BUYER 7notsign contract in blank. to an exact copy of the c ontract you sign. t your legal rights. uyer) acknowledge that (1) beforeesi inythis conlrafcl? Mlle l ICs Buyer) received and review copy of this contract and (ii) at the time of s in this contra Buyer (and Co-Buyer) raee?e a true an com n copy of this contract. is c BurE wm 1 fly Me" below, ant Now accepts a cmmeet. "M assignment a,thla N M M In e Y. J [ BY -7-& manna eetlae raw be used SEE BACK FOR ADDITIONAL AGREEMENTS PA You moatbInwre thetN pprvsNI will K a ehsrge the hotvrawmashew IM Cra try to Duvalue of citiverew doom for go M is eC WE be based on the cash va the tale at time of less, but not more than the limits of the policy. ? Comprehensive ? $ N/A Collision ? Free TMs-Combmed Additional Coverage ? Towing and Labor ? Term --.AMondw (Estimate) Premkim $ Owbt Cmwdk*en Waiver Aadaadun (Optlonaq If On lox is chocked you have pumded ad a debt aroma taan waNar. PdIpNIa of dole CCYwage e andb is of regard a ob0eim creltil. The emu o forth rb c in o On atei ethe d debt armaMln is wahrer are ant I ft On walm T A =a for which b 6mdorppwed had doe W lo m on pYS on for all deft rarmawbn waMr is set corned a the Itemization of Amours Financed under Section 4. Program No. QUESTIONS? PLEASE CALL US AT 1-500-727-7000 or Visit us at www.fordcredit.com 03001 ORIGINAL ' 2551-4229-$3M 2:E.. ,,.uwv w. . l.cV a?vawu.toc: c? ,F w PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE Buyer (errcl Go-euyen bie're and Address (im inning Countyand zip (o-) CAddress) : _ "= S 2i; 6Gfl EElJS tM Buyx land Co-Bwr, n anyJ, rwy bur tna vedlcb aeadged talPw to wan or on credit. The'Cnn Prga" shown Nlow is tna u•n Prin. a tna vMkie. The 'Tdal SaN Price" Norn Halo. i. ttw crNh PNw. aY algmng Mia wntrad you cnooae t0 buy on credit under aw agreement, an the from IM beak d Mid wmrad. nlewNSCa Vo;: antl Make M- GWI '' Track lirs ` VMicla wentd'i an, Numear Use For Wn ch Pumnased ? Porsmal ? AgricvlNm'. ? Cammomw ITEMIZATION OF AMOUNT FINANCED !- v 1. Cash Price ........................_............-._._................._........._._......- 5 (f; 2. Down Paymam Third Party Rebate Assigned to Credhor ........................... 5 Cash Dawn Payment......_ ..............................._.........._......... S Trade-in__ S S c rawaul- c:n Ae n o..nr. Total Down Payment .................................. ....__........................ S (2) 3. Unpaid Balance of Cash Price 11 minus 2j .................................. S (3) 4. Amounts PAId on Yom behalf issuer may be retaining A portion of these amounts) To Insurance Compared for Credit Lee Insurance (tor lens of cnnlmdi...._._..........._. Credit Disability Insurance Ifor term of contract) ............. S (Term -Months (Estimate)) c To Public Officials (i) for license (5 ), Title ($ ), 8 registration (5____) fees 4 iii) fur filing lees $ 11, for taxes (nut in Cash Prix) S To -for S T. _for S To -tor To for $ rmal....._._._._._._._._ ......................... _........................................ $ (4) FEDERAL TRUTHdN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Price RATE The dorm, amount The amoed t Tina amnam The total c-l The os, of c your the -.1 will dead providad to yuu win have o You. se rm aedn as a wsdY rate c sI Yau you ar on you lad when You 'ed't' Credd, se f have made all scheduwd indu.ing your aownnaymenl paymanrs nt $ Payment Schedule Number of Amount of Each When Payments ? Psymem a Payment re, doe Your Payment sdudule s Imomnly signing) will be, 1 1.1 $ Prepayment: It You Pay on your debt early, y?., w y act have to i??v n pwally. Late Payment: Yo must pay a late charge on trw Pdtrrret each yayment received more than 10 days late. The charge is 2 percent u'. the lntaarnuuM cr $:A Or.' wZhevar is less. " Th I lteroat: Vou era glVlnp a aeounty lot-, ?,n L',5 "Vw Wang pumnasad. Contact: Pleas. see rlta xnhsof for Addlt,n,l imormalion on aere st, nxpaymant default me right to nature repayment of ymn dart' m 1.11 bafora rho sc eruniy innatluted a,, and prepaYmenl lame . h? no do not meet your cantract oaigmions. ymu may leas Na vohige Nat you era Hwncing antler this conlracl e. well as NON-MODIFICATION DISCLOSURE Any change n this contract must be in Ymling and amnee by w end ins Cretlitor. EUYER SIGN2 F GO-BUYER: %i $IGN_. SIGNS YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CONTRACT. NOTICE TO a YE - Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Buyer (and Co-Buyer) acknowledge that (1) before si nit this contract, Buyer (and Co-Buyer) received an reviews a true anriompletely filled in copy of this contract and (ii) at the time of si tin this contract, Buyer (and Co-Buyer) received a true an completely filled In copy of this contract. BUYER SIGNS (CO) BUYER SIGNS By signing brow, iha Srlp ts,, entred. It no" " Mslgwe is wined In a separate actlgnmant enachad re accep Mla contact. thce Seiler aaaigw it to Fwtl Irotor Credo Company. ----- BY ? TRIe --- - - ••,•.,.er ,:.,:.,. see wav:rt nuR Aua11TDNAL AGREEMENTS YOU MAY OBTAIN VEHICLE INSURAN FROM A PERSON OF YOUR CHOICE. YOU ARE NOT REWIRED TO OBT, CREDIT LIFE. CREDIT DISABILITY A OTHER OPTIONAL INSURANCE. TI CONTRACT WILL NOT INCLUDE TH UNLESS YOU SIGN AND AGREE TO P THE PREMIUM. THIS CONTRACT DOES NOT INCLU LIABILITY INSURANCE COVERAGE F: BODILY INJURY AND PROPER DAMAGE CAUSED TO OTHERS. ? Cretlt Lee Insurer S Premium insureds) Signature Credit ? Disability Insurer Premium Insured Signature Other Options Insurance Term $ Insurer Premum naf he Credit Lee and Credit DMablity inWrante are for the term of the contract. The ._. ee, .;Z.-Aase en •tmwn in a nodes or itti-tent --Wv to You today Vau mat -rauR the vehicle. Ifry a charge i; shm r below. dre Crodhor .1 t io buy ins averages checked far the fpm shown, =wraas wal be based on tea wan value W the lied s al tame li IOas, tNtt not more man the limits of the Policy. 0 Comp-en- El Culnaon ? F,rn- Tneli-COmninee Addniorwl C Y rare, ? Towing and Labor ? Tenn Monlns!ESnmatai Premium $ ? 0.r Cerhsaaeed WaYr Actlantlum (DPtlond) M law bas ?s drackad rota have maohased a dap, aY Eon w er. Pu?ghas of tans co rage is opIunal and is nut reau,rea to Whin credL Ttie woos cPMhions ar Ne twbl canoNUaon waiver are set otlt in Nit anaa+raJ Adoanaum wr,1n: v' Iwrywerad rhro Ibis rnnhaY, Tha pd;e for Ne deUl canwlwnon r Ia sal forth no tors cortram Ih she Itemizmnm ataAliald-I Fmencei under Saoian :. Program No. QUESTIONS? -M PLEASE CALL US AT 1-800-727-7000 O! Visit us at www.torcichldit.com 03001 PERF Ford Motor Credit Company Preferred Payment Plan Enrollment Authorization s? wn, w P k a r.T - -_i-_ -PRN"' Ford Motor Credit Company P.O. Box 17948 GREENVILLE, SC 29606-8948 (877) 805-7187 POZSBS00200MO RICHARD A. GRAHAM 953 GREENSPRING RD NEWVILLE PA 17241 Date of Repossession 01-23-2010 Date of Notice 01-25-2010 1 Date of Contract 10-31-2003 Account Number: 0355906 96 Buyer RICHARD A. GRAHAM Cobuyer LAVONDA J. GRAHAM DESCRIPTION OF PROPERTY Year 2003 Make FORD New ? Used Vehicle Identification Number: iFAFP34333W264154 Model FOCUS Body 4DR Z tCQ? NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. 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 property is presently stored at: Manheim Auto Auction 1190 Lancaster Road Manheim PA 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 HOW TO GET YOUR PROPERTY BACK less money than you owe, you will still owe us the difference. If To get your property back, pay us this amount by certified check or we get more money than you owe, you will get the extra money, money order before the vehicle is sold. unless we must pay it to someone else. Unpaid Balance $ 5,687,30 Plus Costs: Repo Expenses $ 39000 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 Plus Late charges $ 10.54 exact amount you must pay, call us at the telephone number Less Finance Charge Rebate $ above. Less Insurance Premium Rebate $ If you need more information about the sale call us at the TOTAL $ 6,287.84 telephone number above, or write us at the address above. If you want us to explain to you in writing how we have figured (Plus expenses incurred if default at the time of repossession exceeded 16 days and less rebate received after the date of this notice.) the amount that you owe us; you may call us at the telephone Your property won't be sold until 15 days after the date of this notice at number above, or write us at the address above and request a the EARLIEST. After that you can still get it back any time before its written explanation. actually sold. We are sending this notice to the following people who have an If you do, we'll have no further claim on it. But the longer you waft, the 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 call 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 it 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 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. PRAKASH PRADEEP FFNA 11988-37 Jan 02 Previous editions may NOT be used. CUSTOMER/CUSTOMER FILE Printed in U.S.A. "'PRN"` Ford Motor Credit Company P.O. Box 17948 GREENVILLE, SC 29606-8948 (877) 805-7187 POZS8SW2OW44 LAVONDA J. GRAHAM 953 GREENSPRING RD NEWVILLE PA 17241 Date of Repossession 01-23-2010 Date of Notice 01-26 2010 Date of Contract 10-31-2003 Account Number: 035590098 Buyer RICHARD A. GRAHAM Cobuyer LAVONDA J. GRAHAM DESCRIPTION OF PROPERTY Year 2003 Make FORD New ? Used Vehicle Identification Number: 33W 154 Model FOCUS dy [?40DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. T S 1 x? 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. 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 Road 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 $ 5,887.30 Plus Costs: Repo Expenses $ 39000 Plus Late Charges $ 1054 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 6,287.84 (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 15 days after the date of this notice at the EARLIEST. After that you can still get it back any time before irs 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 ( you owe money creditor) your dealer/original creditor, the dealer/original creditor is to sell the property and pay you any money left over. If f you owe money after the sale, you will pay it to the dea dueler/origirrel 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 (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. PRAKASH PRADEEP FFNA 1198837 Jan 02 Previous editions may NOT be used. Printed in U.S.A. CUSTOMERICUSTOMER FILE Ford Motor Credit Company P O BOX 17948 GREENVILLE SC 29606-7948 877 8057187 DATE: 2010-03-17 P11MKS00100030 RICHARD A. GRAHAM 953 GREENSPRING RD NEWVILLE PA 17241 LAVONDA J. GRAHAM 953 GREENSPRING RD NEWVILLE PA 17241 STATEMENT OF SALE Account Number: 035590696 The following property has been sold. Year Make Model Vehicle Identification Number: 2003 FORD FOCUS 1 FAFP34333W264154 Balance owing on your contract (1) $ 5,897.84 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 5,897.84 Deduct: gross proceeds of the sale (4) $ 3.700.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 2,197.84 Add: Expenses of retaking and storing, and (6) $ 592.50 any attorneys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ 0.00 Other: (8) $ 0.00 Deficiency** (9) $ 2790.34 Surplus* (10) $ N/A 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 55000 (800) 732-2264 DETROIT MI 48255-1941 FFNA11990 01104 Previous editions may NOT be used. Ford Motor Credit Company P O BOX 17948 GREENVILLE SC 29606-7948 877 8057187 DATE: 2010-03-17 P11MKS00100031 RICHARD A. GRAHAM LAVONDA J. GRAHAM 953 GREENSPRING RD 953 GREENSPRING RD NEWVILLE PA 17241 NEWVILLE PA 17241 STATEMENT OF SALE Account Number: 035590696 The following property has been sold. Year Make Model 2003 FORD FOCUS Balance owing on your contract Deduct: Finance Charge Rebate Balance less Finance Charge Rebate (1 - 2) Deduct: gross proceeds of the sale Balance less gross proceeds of the sale (3 - 4) Add: Expenses of retaking and storing, and any attorneys, fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate Other: Deficiency** (1) $ 5,897.84 (3) $ 5.897.84 (5) $ 2197.84 (9) $ 2790.34 Surplus* (10) $ N/A 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 Ford Motor Credit Company P.O. BOX 6508 MESA ARIZONA 85216-6508 (800) 732-2264 Vehicle Identification Number: 1 FAFP34333W264154 (2) $ 0.00 (4) $ _ 3,700.00 (6) $ 592.50 (7) $ 0.00 (8) $ 0.00 Mail deficiency payment to: Ford Motor Credit Company DEPT 194101 P.O. BOX 55000 DETROIT MI 48255-1941 FFNA11990 01104 Previous editions may NOT be used. x y O N *+ (u a N O W x O .0 m x w N N O O N. _ M om x a x a x tri o x N O « ac U U) O U V4 ?% 0 ED m 0o w m V41-4 cu W u 4 ? O J N U Z. m ? m m 0 N ? co W x 0 y M a tu (n O U U. N O 1-1 OR ` Z Y O j a a p W m cu - a p J a W a Ix m n m o 12, o ?r ¦¦ C r c m J L7 Q Y ' z W a o ?a v ? - - F = z 09 0 z c X a m? 0 o --- C Z om L)" Q0- N ? L) o U) 0 W Owl O« o z 0st N oLf) OIt7•± _ ? WO xp" a°o `mw cn Co Wa. U)W Z i N U > H Z IL (V- ZWOW Qcc#N •?, J a? r aaLL a 0 U 3 O J J W W W H oc .,Co i W ?W 1% U' Z N Is gg CAN to o UPC U3 z e - $i ov W n -a o ,gig 01 W 3f -5 lu irS5 s g ggW cc, cu i M t6 m g? oe x x F 121 Ic 15 cc ?5L W q3W I d 3 O? m 2 • w J Q c u a" 0 04 Co ? n O 0 _ ?' = m?F W W Y.tz ?lW Q Y,0 = V o *IRS ?•• o X ? DV z 4 ¢ U = Q to W¢ O Ia W 2010 015 14 0615 SOFT COPY WORK ORDER 155418 9G ?'g 3/12/2010 orio MAN$EIM PENNSYLVANIA 1190 LANCASTER ROAD CUSTOMER FORD MOTOR CREDIT COMPANY,LLC MAN@EIM, PA 17545 4910256 ONE AMERICAN RD DEARBORN, MI 48126 VIN 1FAFP34333N264154 ;ARRIVALDATE 1/25/2010 , WORKORDER 155418 YEAR MAKE MWDEL BODY COLOR 2003 FORD FOCUS SE 4DSN TAN MILES ENG R TIN PS PS AC EN ES TOP CC EL INT CLR 4X4 TL SNS SI DF 084252 4G C O X X X X HT X X C BEI SOLD 3/12/2010 STOCK# LEASE 48063000000000000035590696 TITLE y 2 X D X DESCRIP TION PART/INV# OTY/HR COST AMOUNT TOTAL MECHANICAL CHECK AND ADVISE TOTAL LABOR 1.00 30.00 30.00 30.00 VALUE DETAIL 72.50 TOTAL APPEARANCE RECONDITIONING * NON-DEDUCTIBLE CHARGES REPO 72.50 72.50 72.50 SOLD TO: 5260594 01 NORTH HILLS AUTO SALES LLC 57 NORTH HILLS RD YORK, PA 17402 INVOICE PRICE SALE PRICE SALE FEES A/R AMT RECON TOT DLR RECON CERTIFIED SALES TAX PRIME FEE SIMLCST SAT FEE SELLER PROMO FEE TOTAL EXPENSES NET SALE PRICE ENTRY # CHECK OR DPP # 3,675.00 101= 85.00 102.50 187.50 . 96W 3,512.50 015 2010 14 0615 7342818 3,700.00 PARTS 6 MATERIAL, TiLBOR 30.00 CR/I=PECTIONS/IMS SUBLET REPAIRS 14ISCELLANDWS EXPENSE APPEARANCE RECONDITIONING 72.50 TITLE FEES SELLING 6 ADMINISTRATIVE FEES ADVANCE CHARGES TRANSPORTATION RECON TOTAL 102.50 ORIGINAL 3/12/2010 VEHICLE CONDITION REPORT MMANBEIM PENNSYLVANIA ( CUSTOMER FORD MOTOR CREDIT COMPANY, LLC 1190 LANCASTER ROAD ACCT. NAME FMCC / REPO MANHEIM, PA 17545 i ACCT. UNIT NO. 48063000000000000035590696 RTR 800-822-2886 INSPECTOR JRUHNS INSP DATE 1/26/2010 VIN 1FAFP34333W264154 2010 15 14 615 ARRIVAL DATE 1/25/2010 WMOl??MNo 155418 STOCK DESCRIPTION 2003 FORD FOCUS SE 4DSN 4x2 Hard Top, TAN wBEI Cloth MECHANICAL 2.0 Liter 4 Cylinder Gas, Automatic w O/D, Pwr Brakes, Pwr Steering MILEAGE 84,252 MI, Digital, MAR090IPUL TM_ RADIO CD Player EQUIPMENT Pwr Locks, Pwr Windows, AC, Cruise, Rear Defroster, Tilt Wheel, Air Bags/Dual, Floor Mats, Sec System, 1'0'IR 3,675 Trip Counter, Telescp Str Whl, Alloy Wheels, Pwr Mirrors, Pwr Trunk/Gate, Regular Dash, 50 St Emis, EPA Label Account Signature: Detail Fees Not Included. Date: Page 2 '1 ORIGINAL 3/12/2010 Manheim ( ? VEHICLE CONDITION REPORT 4910256 MANHEIM PENNSYLVANIA CUSTOMER FORD MOTOR CREDIT COMPANY,LLC 1190 LANCASTER ROAD ACCT. NAME FMCC / REPO MANHEIM, PA 17545 ACCT. UNIT NO. 48063000000000000035590696 RTR 800-822-2886 INSPECTOR JK=S INSP DATE 1/26/2010 VIN 1FAFP34333N264154 2010 15 14 615 ARRIVAL DATE 1/25/2010 Or+mnro 155418 STOCK No DES IPTION 2003 FORD FOCUS SE 4DSN 42 Hard Top, TAN wBEI Cloth MECHANICAL 2.0 Liter 4 Cylinder Gas, Automatic w O/D, Pwr Brakes, Pwr Steering MILEAGE 84,252 MI, Digital, MAR0901PUL TM- RADIO CD Player EQUIPMENT Pwr Locks, Pwr Windows, AC, Cruise, Rear Defroster, Tilt Wheel, Air Bags/Dual, Floor Mats, Sec System, MMR 3 Trip Counter, Telescp Str Whl, Alloy Wheels, Pwr Mirrors, Pwr Trunk/Gate, Regular Dash, 50 St Emis, ,675 EPA Label part 0#X*ft QM=9 T LOW Labw Hauls POW Haas Labor Fees part 40 NON CHARGEABLE (Normal Near & Tear) ? Front Bumper CHARGEABLE (Exces Mult Scratches 112" to 1" s Near & Tear) Refinish ? Hood DENT ent/Paint Dmg /2" to 1" epair 1.0 3.1 3.2 102.30 138.60 ? Roof O LF Fender Mult Scratches Mult Dents/No GR 12" 1/8" to 1/2" Refinish PDR 2.3 75.90 ? LF Wheel YS4Z 1007 HA Curb Rash GR 12" Repair 45.00 55.00 O L Qtr Panel ? Rear Bumper Mult Dents/No Mult Scratches 1/2" to V 1/8" to 1/2" PDR Refinish 45.00 13 RF Fender ? RF Wh l Mult Dents/No 1/8" to 1/2" " PDR 2.8 92.40 45.00 ee O RF Door Curb Rash Mult Dents/No 2 to 3" 1/8" to 1/2" Repair PDR 55.00 O RR Door C3 R Qtr Panel Dent/Paint Dmg Mult Dents/No 1/8" to 1/2" 1/8" t 1/2" Repair 1.0 2.6 45.00 118.80 O RR Wheel O Master/Door Ke Curb Rash i Mi o 1/8" to 1/2" PDR Repair 45.00 55.00 y O Keyless Remote ng ss Missing None None Replace Replace 60.00 D LF Seat Back Broken Replacement Req Replace 5 0.00 PRICE N/A ? Oil Dirty Unacceptable Replace Parts Labor & Paint 16.0 Hrs. 275.00 528.00 PDR CHARGEABLE DAMAGE TOTAL: 1, 225.00 028.00 Announced Condition.. REPO Notes to Consignor.. .. .: "DRIVER SEAT BROKEN Continents for Consignor Only: NO TPI Consign To ..: Financial TOTAL DAMAGE Color Code Driveable. ..: AQ/CH ..: Yes Parts Labor &Paint 16 0 Hrs 275.00 Int. Cond. ..: Dirty, OK Odor . . Mechanical 528.00 00 Cert. Cand Cyberlot .. Oil Cond ..: ..: Ineligible P /Di PDR Air Brush 225.00 .00 .. ..: oor rty DAMAGE TOTALS: 1.028.00 Keys ...... Ti ..: Mst 1 Trk N Spr N Val N Rem N Inf N Curb N KGo N res..... ..: LF 7 EPIC TOUR 195/60R IS LR 4 UNIROYAL 19516ORIS Average Fuel Level RF 7 EPICTOUR 195/60R15 ..: 1/2 RR 4 UNIROYAL 195/60815 SP Mini Spam Service... ..: Scheduled Maint. -No Date - Mileage - Location - Page 1/Cont. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~,~cr at ~utn~~r~~~~ Jody S Smith Chief Deputy ~ ~~. Richard WStewart ~ = -` "= Solicitor c~FF+t=r <F'~-~ "~~GiFF Ford Motor Credit Company vs. Richard A. Graham (et al.) Case Number 2010-6094 SHERIFF'S RETURN OF SERVICE 09/28/2010 01:14 PM -William Cline, Corporal, who being duly sworn according to law, states that on September 28, 2010 at 1314 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard A. Graham, by making known unto himself personally, at 953 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the ame time handing to him personally the said true and correct copy of the same. LLIAM CLINE, DEPUTY 09/28/2010 01:14 PM -William Cline, Corporal, who being duly sworn according to law, states that on September 28, 2010 at 1314 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lavonda J. Graham, by making known unto Richard A. Graham, Husband of defendant at 953 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. (LLIAM CLINE, DEPUTY SHERIFF COST: $54.80 September 29, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ['? e+.a --~ ~ ~ ~ rn~ o ~.~ °- ~ er=a r ~ ~~ ---a ca ~~ ~, ~ ~ `'=~ ~ ,~ ~~ c~ ~ ....~ c_,.~ '' cxs ~? (c1 CouniySuite Sher~sf, TeieoSnlT. N?c. 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 (21)) -/Zsg-71 J 1 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM LAVONDA J GRAHAM Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 10-6094 Civil Term c rn CD :;Z' r- c_ In" PRAECIPE TO SUBSTITUTE VERIFICATION 577 c z '=?=- TO THE PROTHONOTARY: Kindly substitute the verification of the Plaintiff, FORD MOTOR CREDIT COMPANY, A Delaware Limited Liability Company, for that of the verification previously filed. Respectfully submitted, MAURICE & NLEMAN, P.C. JOANN NEED Attorney for Pl Date: January 4, 2011 CERTIFICATE OF SERVICE I, Joann Needleman, Esq. hereby certify that on this date I have caused a true and correct copy of the foregoing Praecipe to Substitute Verification on behalf of FORD MOTOR CREDIT COMPANY, A Delaware Limited Liability Company, to be served by regular, first class mail, postage pre-paid upon: RICHARD A GRAHAM 953 Greenspring Rd Newville, Pa 17241 LAVONDA J GRAHAM 953 Greenspring Rd Newville, Pa 17241 Respectfully S tted, MAURIC & NE DLEMAN, P.C. BY: Jo eedleman, Esquire Atto v for Plaintiff DATED: January 4, 2011 VERIFICATION I, gay V (Na , verify that I am the Authorized Representative for Plaintiff, FORD MOTOR CREDIT COMPANY LLC, A Delaware Limited Liability Company, and are duly authorized to take 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: A Representative of Plaintiff, FORD MOTOR CREDIT COMPANY LLC, A Delaware Limited Liability Company DATE: OCT 0 1 1818 RICHARD A GRAHAM Our file no. 14225 48063000000035590696 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 (ll5) /2Sy-/155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 CIVIL TERM 3? 1 CD CJ T -o? c: , •?r 1 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(s), RICHARD A GRAHAM and LAVONDA J GRAHAM in the amount as follows: Principal Amount $ 2790.34 Interest to Date $ 139.00 Costs $ 146.80 TOTAL $ 3076.13 Date: January 21, 2011 Pi/-9 A1013 MAURICE & DLEMAN, P.C. 11 7--r- BY: JOANN NEEDLEMAN, ESQ. Attorney for Plaintiff 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 1J) /89-/155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 CIVIL TERM AFFIDAVIT OF MAIL SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that she is an attorney at law and that on 12/21/2010 she mailed a written Notice of Intention to File the Praecipe to Defendant(s), RICHARD A GRAHAM, at 953 GREENSPRING RD, NEWVILLE, PA 17241 and LAVONDA J GRAHAM, at 953 GREENSPRING RD NEWVILLE, PA 17241 by regular mail. Q• Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me this J(lay of 7:Aw vArl-I 201 . Notary Pu lic C0M W A f` Mjt!*VLVAI+fl NOTARIAL, SEAL, C. SUSAN TREPACZKA, Notary Public City of Phifat0lphia: Phila. County Commission &Wres March 23, Inv) MAURICE & N LEMAN, P.C. BY: JOA EEDLEMAN, ES 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 (215) 789-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 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 12/21/2010 to Defendant(s), RICHARD A GRAHAM and LAVONDA J GRAHAM, 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 12/21/2010, a copy of the mailing to the Defendant and affidavits of service are all attached hereto. MAURICE & NEWLEMAN, P.C. BY: JOA1Nn NEEDLEMAN, ESQ. Atto 6y for Plaintiff Date: January 21, 2011 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 (215) 789-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 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(s): RICHARD A GRAHAM, 953 GREENSPRING RD, NEWVILLE, PA 17241 LAVONDA J GRAHAM 953 GREENSPRING RD, NEWVILLE, PA 17241 Attorney for Plaintiff MAURICE & N LEMAN, P.C. BY: JOA EEDLEMAN, ESQ Date: January 21, 2011 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 /89-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 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 she represents the Plaintiff in the above entitled case and that Defendant(s), RICHARD A GRAHAM and LAVONDA J GRAHAM, are over 18 years of age; the occupations of Defendants are unknown and to the best of Plaintiffs knowledge, information and belief, Defendants are 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. SWORN TO AN? SUBSCRIBED before me thisa I day of J kN avhj, 201 1. Notary Pubblic? COMMONWRALTH ON PP NIA NOTARIAL SEAL C. SUSAN TREPACZKA, Notary Public City of Philadelphia, Phila. Coun My Commission Expires March 23, 2012 MAURICE & LP.C. BY: JOANN EEDLEMAN, ESQ. Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff kl Y Jody S Smith Chief Deputy Richard W Stewart Solicitor Ford Motor Credit Company vs. Case Number Richard A. Graham (et al.) 2010-6094 SHERIFF'S RETURN OF SERVICE 09/28/2010 01:14 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 28, 2010 at 1314 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard A. Graham, by making known unto himself personally, at 953 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. LLIAM CLINE, DEPUTY 09/28/2010 01:14 PM - William Cline, Corporal, who being duly sworn according to law, states that on September 28, 2010 at 1314 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lavonda J. Graham, by making known unto Richard A. Graham, Husband of defendant at 953 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. 4(CLINE, DEPUTY SHERIFF COST: $54.80 September 29, 2010 SO .ANSWERS, RON R ANDERSON, SHERIFF -p co ? = W D p z - rnrnm r = m z DZo Dmm rn ornm CA) D Z n mwn - G) Imo - mm - ?ZD - DCl)? N Z = 050 = c~o = "n C: mm;u ?5 v, 0.A 3 o8aa P 0,)" ??ow°v0iml0 L61E9S90Gosz90 December 21 2010 Attorneys at tow , Our File No. 14225 Suite 935, One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 215.6653133 fax 215563.11970 RICHARD A GRAHAM www.mnlowpc.com 953 GREENSPRING RD NEWVILLE, PA 17241 Donald S. Maurice Member NJ Bar Board Certified ' RE: FORD MOTOR CREDIT COMPANY, A Creditors Bights Low American Board of Certification DELAWARE LIMITED LIABILITY COMPANY v. RICHARD A GRAHAM AND Joan Needleman Member er PA 8 NJ Bar LAVONDA J GRAHAM Thomas R. Dommczyk CUMBERLAND COUNTY COURT OF Member NJ, NY B PA Bar COMMON PLEAS, CASE NO. 10-6094 CIVIL Rachel Alarm TERM Member NY & NJ Bars Dear Mr/Mrs/Ms GRAHAM: 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 Plaintiff's Complaint served upon you on September 28, 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 Kiln Crosby. Thank you for your prompt attention to this matter. Very truly yours, MAURICE & NEEDLEMAN, P.C. ?J r / t Jo a eman, Esq. JN/dlh Now Jersey Office Enc Maurice & Needleman, P,(- Suite 2007 5Waller E.FeranBlvd. THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A Flemington, NJ M22 tel. 906.237.1550 DEBT AND ANY INFORMATION OBTAINED WILL BE USED tax 908.237.1551 FOR THAT PURPOSE. THIS FIRM IS A DEBT COLLECTOR 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 15) 789-7151 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 CIVIL TERM IMPORTANT NOTICE TO: RICHARD A GRAHAM DATE: December 21, 201.0 953 GREENSPRING RD NEWVILLE, PA 17241 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 & NEEDLEMAN, P.C. 0 BY { JOANN EMAN, ESQUIRE Attorne or Plaintiff December 21, 2010 Our File No. 14225 Attorneys at low Suite 935, One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 lei. 215.665.1133 fax 215.563J970 www.mnlawpc.com Donald S. Maurice Member NJ Bar Board Certified Creditors' Nights Low American Board of Certification Joann Needleman Member PA 9 NJ Bar Thomas 1.Oominczyk Member NJ, MY b PA Bar Rachel Morin Member NY 8 N1 Pars Maw Jersey Office Maurice 8 Needleman, P.C. Seite 2007 5 Walter E. Foran Blvd. Flemington, NJ 08822 tel. 908.137.4550 fax 908.237-4551 LAVONDA J GRAHAM 953 GREENSPRING RD NEWVILLE, PA 17241 RE: FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY v. RICHARD A GRAHAM AND LAVONDA J GRAHAM CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 10-6094 CIVIL TERM Dear Mr/Mrs/Ms GRAHAM: 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 September 28, 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. Very truly yours, MAUWE & NEEDLEMAN, P.C. JoannPAedleman, Esq. JN/4 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 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 CIVIL TERM IMPORTANT NOTICE TO: LAVONDA J GRAHAM DATE: December 21, 2010 953 GREENSPRING RD NEWVILLE, PA 17241. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 JUDGMENT 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 ELIGLE 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 & DLEM:AN, P.C. BY JOANN NEE MAN, ESQ Attorney for intiff = W ?D OZ- mmm r = z z DZD Dmm too o?rn CA) D z 0 MO> G) 0 ?M0 = mm> ?Z` _ D?G NZ= c AG) D _- cb v-n?N ow°too ts?£aesoaoszso • • Request for Military Status Department of Defense Manpower Data Center Adftk IF Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-03-2010 11:32:45 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GRAHAM RICHARD 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). Obut fn. 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 hM2://www.defenselink.mil/fag/i)is/PC09SLDR.httnl. 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. https:/iwwm-.cmdc.osd.mil/appjiscra/popreport.do 8/3/2010 • • Request for Military Status Page 2 of 2 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 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 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:5599G5MC3O https://www.dmde.osd.mil/appj/scra/popreport.do 8/3-/2010 • Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Aug-03-2010 11:35:12 '(`, Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency GRAHAM LAVONDA 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). ) 14. 16wi _ ' hav, A(?M_ 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 htti)://www.defenselink.mil/fag/vis/PC09SLDR.htmi. 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. https://www.dmde.osd.mil/appj/scra/popreport.do 8/3/2010 • ° Request for Military Status Page 2 of 2 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 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 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:NLH6RTK2L6 https://v,wv-.dmdc.osd:mil/appi/scra/popreport.do 813 20 10 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 Our file no. 14225 (215) "/89-7155 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. RICHARD A GRAHAM AND LAVONDA J GRAHAM Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 10-6094 CIVIL TERM (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $3076.13 on d1l c. / (X) A copy of all documents filed with the Prothonotary in support of the within judgment is enclose . 1_Lly othonotary/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)