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Home My WebLink About11-5342SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE ,,, t ?„r?v?fi4 Jody S Smith F THE PROTHONOTARY Chief Deputy 20 11 JUL 12 AM 8: 44 Richard W Stewart Solicitor OFD CUMBERLAND COUNTY PENNSYLVANIA Ford Motor Credit Company vs. Case Number Amanda M. Thoman (et al.) 2011-5342 SHERIFF'S RETURN OF SERVICE 07/05/2011 07:30 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 5, 2011 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amanda M. Thoman, by making known unto herself personally, at 67 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. A TSHAL EPUTY 07/05/2011 07:30 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 5, 2011 at 1930 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donald E. Thoman, by making known unto himself personally, at 67 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hire personally the said true and correct copy of the same. J'j ?9 ?11 -4 99 4u TSHA EPUTY SHERIFF COST: $64.00 July 06, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c; Cant SUitr. Sheiifl. reie^,s-;ft In-1;. ?1L?'?WD`?=BCL ,, 13 7- PROT"ONOIAR MAURICE & NEEDLEMAN, P AC, BY: Joann Needleman, Esq. n 5 Am gyps 31 ` NUD Identification No. 74276 935 One Penn Center LAND COUNTY 1617 John F. Kennedy Blvd '` MSER pENNSYLVAt?A Philadelphia, PA 19103 Attorneys for Plaintiff (215) 789- 7 151 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. AMANDA M THOMAN AND DONALD E THOMAN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 2011-5342 PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION AND CONSENT TO THE PROTHONOTARY: Pursuant to the attached Workout Agreement for Payment and Consent to the Entry of Judgment, kindly enter Judgment in favor of Plaintiff, and against Defendant, AMANDA M THOMAN and DONALD E THOMAN in the amount as follows: Principal per Workout Agreement $ 7932.40 Less: Payments to date ($ 175.00) Interest from 7/11 /11 to 7/29/2011 @ 6% $ 7.33 TOTAL $ 7764.73 MAURICE & Date: July 29, 2011 BY: LEMAN, P.C. JRFANN NEEDLEMAN, ESQ. Attorney for Plaintiff awp4 *04.06 ?d ot" 9"M Kwa42891 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. AMANDA M THOMAN AND DONALD E THOMAN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 2011-5342 AFFIDAVIT OF CONSENT TO JUDGMENT STATE OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that Defendant, AMANDA M THOMAN and DONALD E THOMAN has entered into a Workout Agreement for Payment and Consents to the Entry of Judgment, a copy of which is attached hereto. MAURI?EMDLEMAN, P.C. BY: for Plaintiff SWORN TO AND SUBSCRIBED before me this day of , 200 . , ESQ. Notary Public 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 (11)) 89-11S1 FORD MOTOR CREDIT COMPANY, A DELAWARE LIMITED LIABILITY COMPANY Plaintiff V. AMANDA M THOMAN AND DONALD E THOMAN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 2011-5342 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. 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, AMANDA M THOMAN and DONALD E THOMAN, 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/& SWORN TO AND SUBSCRIBED before me this day of , 200 . LEMAN, P.C. BY: JOANN NEEDLEMAN, ESQ. Attorney for Plaintiff Notary Public 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. AMANDA M THOMAN AND DONALD E THOMAN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 2011-5342 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: AMANDA M THOMAN 67 RUSTIC DRIVE SHIPPENSBURG, PA 17257 DONALD E THOMAN 67 RUSTIC DRIVE SHIPPENSBURG, PA 17257 MAURICE & N LEMAN, P.C. BY: JOA1fN NEEDLEMAN, ESQ. Attorney for Plaintiff Date : July 29, 2011 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. AMANDA M THOMAN AND DONALD E THOMAN s CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. WORKOUT AGREEMENT FOR PAYMENT AND CONSENT TO THE ENTRY OF JUDGMENT THIS AGREEMENT is made between FORD MOTOR CREDIT COMPANY, a Delaware limited liability company c/o Maurice & Needleman, P.C. 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103, hereinafter called the "Plaintiff' and AMANDA M THOMAN and DONALD E THOMAN of 67 RUSTIC DRIVE, SHIPPENSBURG, PA 17257, hereinafter collectively called the "Defendant" WHEREFORE: 1. The Defendant acknowledges having executed to the Plaintiff a Retail Installment Contract ("Note") under the terms of which Defendant promised to make certain payments of principal and interest to the Plaintiff according to a schedule more specifically set forth in the terms of the Note. 2. The Defendant acknowledges having failed to pay interest and principal as required by the terms of the Note and is in default of the Note. 3. The Defendant acknowledges that there is immediately due and owing from him to the Plaintiff under the Note $7932.40, consisting of principal, interest and attorney's fees, if interest and attorney's fees are applicable and designated in the Note, (hereinafter the "Amount Due") and the Defendant acknowledges having no set-off, credit, or claim against the Amount Due. 4. The Defendant desires to satisfy the Amount Due and therefore makes the above representations to induce the Plaintiff to enter into the within agreement for the payment of the Amount Due. 5. NOW THEREFORE: For good and valuable consideration described below, the parties agree as follows: a. Plaintiff may enter judgment against Defendant for the amount due, less any payments made before the entry of judgment, and the Defendant consents to the entry thereof. b. The Defendant shall make a down payment of $175.00 due 07/08/2011 and payments of $175.00 a MONTH due 08/05/2011 and on the first Friday of each month thereafter until it is paid in full. C. As of the date that Defendant signs this Workout Agreement, interest on the Note and for all subsequent payments shall accrue at the rate of 6%, including interest from the date of the entry of the judgment; d. All other terms of the Note, unless otherwise set forth herein will remain unchanged. 2 e. All payments under this Agreement will be made by check payable to "Maurice & Needleman, P.C. FMC Attorney Trust Account" at 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103. Please reference the file number 15729 on all Payments. 6. During the term of this Agreement, the Plaintiff will forebear from enforcing its judgment for the collection of the Amount Due provided the Defendant is not in default of any ofthe terms or conditions of this Agreement and makes all payments timely. 7. The Defendant will deliver to the Plaintiff, with a signed copy of this Agreement, answers to the "Questionnaire" simultaneously supplied to the Defendant with this Agreement. 8. EVENTS OF DEFAULT. The following shall constitute an Event of Default under this Agreement: a. The Defendant fails to pay, when due and payable, any scheduled payment as set forth in paragraph 5 b. above, and such scheduled payment remains unpaid for more than ten (10) days b. The Defendant fails to return the Questionnaire. 9. PLAINTIFF'S REMEDIES UPON DEFENDANTS' DEFAULT. In the event Defendant fails to cure any default of as described above, Plaintiff will be permitted to file suit, if not done so prior to the execution of this agreement, and/or commence post judgment proceedings forthwith. 10. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under the above Note, unless otherwise set forth herein. This Agreement does not alter, 3 amend or modify the Defendant's obligations to the Plaintiff under any other document which is not named herein. 11. The Defendant acknowledges that as of the date of this Agreement he has no claim, whether known or unknown, against the Plaintiff AND HEREBY WAIVES AND GIVES UP ANY AND ALL CLAIMS HE MAY HAVE AGAINST THE PLAINTIFF AS OF THE DATE OF THIS AGREEMENT, WHETHER KNOWN OR UNKNOWN. 12. THE UNDERSIGNEDACKNOWLEDGES HAVING READ THIS AGREEMENT, UNDERSTANDS IT, AGREES TO ITS TERMS AND HAS RECEIVED A COPY OF IT, WITHOUT CHARGE. arN- ?'A Dated: ??' l1 t AMANDA M THOMAN Defendant .,z...? Dated: 71///// DONALD E THOMAN Defendant By: Dated: Joa a dleman, Esq. Attorney for Ford Motor Credit Company 4 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 May-17-2011 10:30:03 -4'-. Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency THOMAN AMANDA 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). y6t 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 tho 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 http://www.defenselink.mil/faq/pis/PC09SLDR.html. 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.dmdc.osd.mil/appj/scra/popreport.do 5/17/2011 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:K53T80RPVC https://www.dmdc.osd.mil/appj/scra/popreport.do 5/17/2011 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 May-17-2011 10:33:05 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency THOMAN DONALD 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). y6t JYA - 44?_ 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 http://www.defenselink.mil/faq/pis/PC09SLDR.html. 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.dmdc.osd.mil/appj/scra/popreport.do 5/17/2011 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:N2A959QKLK https://www.dmdc.osd.mil/appj/scra/popreport.do 5/17/2011 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. AMANDA M THOMAN AND DONALD E THOMAN Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 2011-5342 () Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $7764.73 () A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. Pr 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.: 215-789-7151 (This Notice is given in accordance with Pa.R.C.P. §236) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY, a : No. 2011-5342 Delaware limited liability Company Plaintiff . ...., _., :CIVIL ACTION ,~., t ~ ~~s ' AMANDA M THOMAN and DONALD E ~~. ~ '~ fJ~ ~. ^ ~..: __ ~' THOMAN . ~ _~ ~~~- ~"'' -, Defendant ~ m ~ :~~ -, , PRAECIPE FOR SUBSTITUTION OF COUNSEL ~ ._~ e..: ~ .. TO THE PROTHONOTARY: Kindly substitute Andrew Sklar, Esquire of the law offices of Sklaz ~ Mazkind, 102 Browning Lane, Building B, Ste 1, Cherry Hill, New Jersey 08003 as counsel for the Plaintiff in the above entitled matter. The undersigned hereby consents to this substitution. ~' Andrew Sklar, Esquire Superseding Attorney Sklar ~ Mazkind 102 Browning Lane, Bldg B, Ste 1 Cherry Hill, NJ 08003 ID # 65332 Dated: November 2, 2012 Jo Needleman, Esquire* W thdrawing attorney Maurice & Needleman, P.C. 935 One Penn Center Philadelphia, PA 19103 ID#74276 Dated: November 2, 2012 * Signed with permission of Joann Needleman, Esq. FILE NO.: FTl 16584 Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) Jordan W. Felzer, Esquire (ID #38670) Sklar ~ Markind 102 Browning Lane, Building B, Suite 1 Cherry Hill, NJ 08003 856-616-8710 Attorneys for Plaintiff FILE NO.: FT116584 ._ ~ ,J~} ~~~=R3ji ~~ ~~~ ~~ ~ ~ ;~;: °;' 13 P~: 2' (~ j( ~~ '~°f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW FORD MOTOR CREDIT COMPANY, a : No. 2011-5342 Delaware limited liability Company Plaintiff vs. :CIVIL ACTION AMANDA M THOMAN and DONALD E THOMAN Defendant PRAECIPE TO MARK JUDGMENT AGAINST DEFENDANT SATISFIED TO THE PROTHONOTARY: Kindly mark the Judgment against the Defendant in the above matter satisfied. Date: ~ ;~ ~'" SKLAR ~ MARKIND Andrew Sklar, Esquire (ID #65332) Lloyd S. Markind, Esquire (ID #52507) Jordan W. Felzer, Esquire (ID #38670) ATTORNEYS FOR PLAINTIFF ~~q.~~~ ~ S~t~l