HomeMy WebLinkAbout04-4637IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
vs.
Plaintiff,
JAMES L. GITT and
BRENDA L. GITT
Defendants.
CIVIL DIVISION
ISSUE NUMBER:
TYPE OF PLEADING:
COMPLAINT
CODE ~ 011 ASSUMPSIT
FILED ON BEHALF OF: Plaintiff,
FORD MOTOR CREDIT COMPANY
COUNSEL OF RECORD FOR THIS PARTY:
Donald S. Mazzotta, ESQUIRE
Pa. I.D. #11461
LAW OFFICES OF
DONALD S. MAZZOTTA, P.C.
Firm #742
938 Penn Avenue
Pittsburgh, PA 15222
(412) 471-0300
NOTICE TO DEFEND
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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Court Administrator
4th Floor, Cumberland County Courthouse
S. Hanover Street
Carlisle, Pennsylvania 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
FORDMOTOR CREDIT COMPANY,
Plaintiff,
No. lbq --
JAMES L. GITT and
BRENDA L. GITT,
Defendants.
COMPLAINT - CIVIL ACTION
PENNSYLVANIA
AND NOW, COMES the Plaintiff, Ford Motor Credit Company, by its
attorneys, Law Offices of Donald S. Mazzotta, P.C0, and
respectfully presents its complaint in civil action against the
defendant above-named upon a cause of action whereof the
following is a statement:
1. Ford Motor Credit Company is a corporation doing
business at PO Box 6508, Mesa, Arizona 85216, and is hereinafter
referred to as "Plaintiff."
2. James L. Gitt is an individual and Brenda L. Girt is an
individual, both residing at 31 Otto Avenue, Carlisle, Cumberland
County, Pennsylvania 17013, and are hereinafter referred to
collectively as "Defendants."
3. Defendants purchased personal property and entered into
a written agreement (hereinafter "Agreement") for the purpose of
financing the purchasing of the personal property. A true and
correct copy of Agreement is marked Exhibit "A", attached hereto
and made a part hereof.
4. Plaintiff is the holder of Agreement and is entitled to
payment under the terms thereof.
5. Defendants defaulted by failing to make payment when due
and Plaintiff took possession of its collateral. Plaintiff
notified Defendants of the repossession.
6. Plaintiff sold the motor vehicle at auction.
7. After the sale of Plaintiff's collateral, Plaintiff
applied the expenses of retaking and sale of the collateral, and
also the proceeds of sale previously to the Defendant's acccount
and Plaintiff incurred a Deficiency Amount of $8,853.74.
8. Plaintiff is entitled to interest from October 11, 2002
to September 9, 2004 at the contract rate of 9.90% per annum,
totaling $1,675.99.
9. Demand for payment has been made upon Defendants, but
Defendants have failed or refused to pay.
10. Under the terms of Agreement, Plaintiff is entitled to
reasonable attorney's fees of 20.000% in the sum of $1,770.74.
WHEREFORE, Plaintiff seeks judgment against James L. Gitt
and Brenda L. Girt in the amount of $12,300.47, plus interest
from September 10, 2004 to date of judgment and costs of suit.
LAW OFFI~!S O~ DONALD S. MAZZOTTA, P.O.
BY: Do~!~
' otta, Esquire
Attorneys aintiff
VERIFICATION
I, Donald S. Mazzotta, Esquire, state that I am not a party to
the action but that at the request of the Plaintiff, and based upon
knowledge, information, records, and documents supplied to me by the
Plaintiff, the averments set forth in the Civil Action Complaint are
true. A Verification executed by the Plaintiff can be supplied at time
of trial or upon request.
I understand that
the penalties of 18 Pa.
authorities.
Date:
false statements herein are made subject to
relatin~ to un~orn falsification to
C.S. §4904 ~~~~~~
8~I,~IdTIFF'$
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT COMPANY
VS
GITT JAMES L ET AL
SHAiqNON SUNDAY ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT & NOTICE was served upon
GITT BRENDA L the
DEFENDAMT , at 0941:00 HOURS, on the 23rd day of Septeraber, __
at CUMBERLA/qD CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
BRENDA GITT
a true and attested copy of
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
by handing to
together with
COMPLAINT & NOTICE
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this _~-~ day of
~-.~.. r.~ 9'- A.D.
~P~otl/onot ary ~
So Answers:
R. Thomas Kline
09/23/2004
DONALD M3tZZOTTA
Deputy Sheriff /
SHERIFF'S
CASE NO: 2004-04:637 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT COMPANY
V$
GITT JAMES L ET AL
RETURN - REGULAR
SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GITT JAMES L the
DEFENDANT at 0941:00 HOURS, on the 23rd day of September, 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
JAMES GITT
a true and attested copy of
by handing to
COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this ~/~ day of
O~_ ~O~ A.D.
· 'Prothonotary ~ '
So Answers:
R. Thomas Kline
09/23/2004
DONALD MAZZOTTA
Deputy Sheriff
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaintiff,
JAMES L GITT and BRENDA L GITT,
Defendants.
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CIVIL DIVISION
NO. 04-4637 CIVIL
ISSUE NUMBER:
TYPE OF PLEADING: PRACIPE TO
DISCONTINUE WITHOUT pREJUDICE
CODE-
FILED ON BEHALF OF: Plaintiff,
FORD MOTOR CREDIT COMPANY
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COUNSEL 07F RECORD FOR THIS PARTY:
Donald S. Mazzotta, ESQUIRE
Pa. I.D. #11461
LAW OFFICES OF DONALD S. MAZZOTTA,
P.C.
Firm #742
938 Penn Awenue
Pittsburgh, PA 15222
(412) 471-0300
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FORD MOTOR CREDIT COMPANY,
Plaimiff,
VS.
JAMES L GITT and BRENDA L GITT,
No. 04-4637 CIVIL
Defendants.
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO: PROTHONOTARY
SIR:
Please Discontinue without Prejudice the action regarding this ma~ter and mark the docket accordingly.
LAW OFFI/C~S OF DONALD S. MAZZOTTA, P.C.
A~l~e~ fdr"P) It~f