HomeMy WebLinkAbout13-3782 Supreme Co nnsylvania
COUr �Of .Coi Imo R Pleas For Prothonotary Use Only:
Civil C.over;Sh_ et Docket No:
1! B r . +
CUMBE County
_
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S
[D Complaint E3 Writ of Summons Petition
Transfer from Another Jurisdiction Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
FORD MOTOR CREDIT COMPANY, LLC RODNEY BYUS
T Dollar Amount Requested: Lxi within arbitration limits
I Are money damages requested? S Yes 0 No (check one) 1 outside arbitration limits
O
N Is this a Class Action Suit? [3 Yes iX! No Is this an MDJAppeal? 0 Yes F1 No
A Name of Plaintiff /Appellant's Attorney: LLOYD S MARKIND
❑ Check here if you have no attorney (are a Self- Represented JPro Sel Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
Q Intentional CI Buyer Plaintiff Administrative Agencies
Q Malicious Prosecution Debt Collection: Credit Card Board of Assessment
Motor Vehicle XJ Debt Collection: Other Q Board of Elections
Nuisance CAR LOAN 0 Dept. of Transportation
Premises Liability I- J Statutory Appeal: Other
S =1 Product Liability (does not include
E mass tort) 1-71 Employment Dispute:
Slander/Libel/ Defamation Discrimination
C Other: J Employment Dispute: Other® Zoning Board
[]I Other:
T
I f ! Other:
O MASS TORT
13 Asbestos
N i` Tobacco
E] Toxic Tort -DES
�i Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
®i Toxic Waste
_a Other: 0 Ejectment Q Common Law /Statutory Arbitration
B J Eminent Domain /Condemnation 0 Declaratory Judgment
_J Ground Rent 0 Mandamus
Landlord/Tenant Dispute k 1 Non - Domestic Relations
4 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY _i Mortgage Foreclosure: Commercial❑a' Quo Warranto
Dental 0 Partition Ci Replevin
Legal 1] Quiet Title Other:
Medical3 Other:
0 Other Professional:
Updated 1/1/2011
Sklar - Markind (i,4 t�
Lloyd S. Markind, Esquire (ID #52507) ' TN0 r �10 "ARY
102 Browning Lane -f 1:
Building B, Suite 1
NJ 08003 ' Ul "'ERL UD
Cherry Hill, f E INS YLV' ' h t
File No.: F1101244 4� � I A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Ford Motor Credit Company, LLC :No.
Plaintiff
TERM
VS.
CIVIL ACTION
RODNEY BYUS
Defendant
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.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717- 249 -3166
s
c� #14y
0?
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
en las paginas siguientas, usted tiene veinte (2) dias de plazo al partir de la fecha de la demanda y
la notificaion. Hace falta asentar una comparencia escrita o en persona o con 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
demanda en contra sya sin previo aviso o notificaion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede
perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE Sl NO TIENE
ABOGADO O Sl NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL A LA OFICINA
CUY A DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717- 249 -3166
Lloyd S. Markind, Esquire (ID452507)
Jordan W. Felm, Esquire (ID 438670)
Sklar - Maridnd
102 Browning Ln, Bldg B, Ste l
Cherry Hill N7 08003
8561616 -8710
FILE NO.: F1101244
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE7-"NSYL'VANXA
CIVIL ACTION LAW
Ford motor Credit Company, LLC !
1335 S. Glearview Avenue 1 No.
Mesa, AZ 85209 1
J Term
!
Plaintiff(s) !
CIVIL ACTION
1
V. !
1
RODNEY BYUS
Defendant(s) !
CIVIL ACTION COWLAI ti T'
1. Plaintiff, Ford Motor Credit Company, LLC , is a Limited Liability Company with a place of
business at 1335 S. Ctearview Avenue Mesa, AZ 85209.
2, Upon information and belief, Defendant, RODNEY BYUS , is an individual who resides at 261
B MARSHALL RD, CARLISLE PA 17013.
3. At all times -relevant hereto, the Plaintiff was in the business of financing the purchase of .motor
vehicles, including but not limited to the motor vehicle installment sales contract signed by
Defendant(s), hereinafer more fully described (the Contract as hereafter defined),
4. Can or about APRIL 9, 2011, the Defendant(s) entered into a written Motor Vehicle Retail
Installment Contract, Account Number 48063000000446415653, (hereinafter referred to as the
"Contract "), for the purpose of obtaining financing in this amount of $54,568.42 at an annual
percentage ,rate of 3.9 %, in order to purchase a. certain .motor vehicle, 2011 FORD
EXPEDITION, more particularly described in the Contract (hereinafter referred to as the
"Vehicle "). A copy of the Contract is attached and marked as Exh011
5. Pursuant to the Contmct, Defendant(s) was required to mare monthly payments in. the amount of
$852.61 fora period of 72 months until the loan was paid in full all as is more fully set forth in
the Contract.
6, Defendants) made monthly payments until FEBRUARY 22, 2412, but has failed to make any
further payments thereafter., and are therefore in default of the Contract.
7. The above - mentioned vehicle was voluntarily surrendered and as a result of the default by
Defendant(s), and pursuant to the terms of the Contract, a notice of intent to sell property was
sent to. the Defendants(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 intent to sell property and novice of sale date
are attached and marked as Exh4b -k B.
8. The Defendants) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit
given to the I7efehdant(s) in the amount of $33,400,00, however a balance of $12,553.59 is still
due and owin& and a notice of the deficiency balance was sent to the Defondant (s). See copy of
F
the notice of the deficiency balance attached and marked as
9. Pursuant to the terms of the contract, Defendant(s) is required to pay all amounts due and owing,
including any balance that may remain after the sale of the vehicle, and the Defendants) failed to
do so, thereby in default of the Contract.
14, In addition to the foregoing, there is Interest due and owing on the deficiency balance which at
this time amounts to $495.03 and which will continue to accrue.
11, In addition to the, foregoing, there is due from, the Defendant(s), reasonable attorneys fees in
the amount of $3,244.92.
12. The total amount Clue and owing at the elate of this complaint is $16,253.54.
F
WHMFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), jointly and
severally, if more than one, in the amount of $16,253.54, well as any additional interest and costs that
may accrue and such other and further relief as this Court may deem equitable and just.
SKL VI.AFtKIND
Date: April S, 2OI3 (!
Lloyd S. Marl od, Esquire (ID #52507)
Jordan W,1"olzer, Esquirc (ID 935670)
Attorneys for Plaintiff
102 Browning Ln, Bldg B, Ste I
Cherry Hill NJ 08043
8561616 -7110
VERIFICATION
1, 1 nrrie Rowe , verify that am an Authorized Representative for the Plaintiff,
Ford Motor Credit Company, LLC , 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:
Representative of Plaintiff,
MAY 3 . 20] 3 Ford Motor Credit Company, LLC
DATE:
48063000000046415653
Our File No.: F1101244
RODNEY BYUS
Exhibit A
Customer Completed Copy - 1782731 5$53 !
I
TENNESSEE VEHICLE RETAIL INSTALLMENT CONTRACT DATE 04/09120111
Buyer (and Co- Buyer) Name and Address (Including County and CREDITOR (Seller Name and Address}
Zip Code)
RODNEY BYUS JENKINS WYNNE INC
11303 PALOMAREZ RD P 0 BOX 666, 328 COLLEGE ST
Fort Campbell, KY 42223 Christian Clarksville, TN 37041
'S N/A
I
L
You, the Buyer (and Co-Buyer, if any), may buy the vehicle described in this contract for cash or on credit. The cash price is
shown on Page 2 as "Cash Price," The credit price is shown below as "Total Sale Price." By signing this contract, you choose
to buy the vehicle on credit under the agreements in this contract.
M Y �t „ y •�:aa• • yj
B' "W r ? N
ANNUAL FINANCE Amount Total of Total Sale
, PERCENTAGE CHARGE Financed Payments Price -,
Q. RATE The dollar amount The amount of The amount The total cost
U the credit will credit provided you will have of our purchase The cost of your Y p �
N cost you to you or on paid when you on credit,
> credit as a yearly rata a
your behalf have made all Including your
scheduled downpayment
1 -800- 727 -7000 D
t payments
of $ 1,080.93
Q d
}; Z 3.90 % $ .6,819.50 $ 54,568.42 $ 61,387.92 s 62,448.85 3
U XoUr Ida enf SeN etlu fe rttiia •� £ r i »r 'Y - .. x s : a { N . x. _ FordCredit
-. - >s 1”
WAR vs h £ �. � .'E' let` ,y w '�r'' '` su (p
a r of A}f1,)}8 4 x s gmo t{drtm ents w
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t M } ad r ad 1 r
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o t r r �y ��f� .{ ;+' www.fordoredit.com v
.J,t.�y, �i �2FS • s � 't ips z.� 1£ '' y� x k`v -,n " 7 i K
' ; s .k L,F"'`s.,�T'id f n >< , t iv �3 . •E r7' r '�" t r^+ 'm {b k" _ C
a s.Nyt j6 . i s,:y ¢5 T, 9`q x T .f .aiY t v L .aY r EeL i � �>x 7 11 r ,�. n
r'2 ' i f'r t `�L 9V tl'r48(ss 7 '�Y'S %
C a.... i'�.t Y` i �L )„ a S xJ S Z fr
...a. ..R: f,!...'xv xx•...., ..t... ?.. w..:. , hj.,,.+... i....s x.::Jc .....r ...n?.x. gym.....•.... a t.. a... r�...i�. h .x(.:x,?. r 5 ,.::,: Z
U Prepayment: If you pay off your debt early, you will not have to pay a penalty. 0
Late Payment: You must pay a late charge on the portion of each payment received more than 10 days late. D
The charge Is 7.5 percent of'Ihe late amount or $50.00, whichever Is less. c
Security Interest: You ar.:giving a security Interest In the vehicle being purchased. o
Q Contract: Please see this for additional information on security interest, nonpayment, default, the right
I to require re a mentof ourtlebt in full before the scheduled date and prepayment penalty. �•
I ; 0
l 0 ,ro t BE,1 1 'jq 2i It
p ❑ Your last Installment payment under this contract Is a balloon payment.
EXCESS WEAR, USE AND MILEAGE CHARGES
If the box directly above is checked, this section, Paragraph B, and Paragraph C of this contract apply. You may be charged for
excessive wear based upon our standards for normal use. If you exercise the option to sell the vehicle back to Creditor under
I Paragraph B, you must pay the Creditor $0, N/A per mile for each mile in excess of N/A miles shown on the
odometer.
i
{
The Annual Percentage Rate may be negotiated with the Seller. The Seller may assign this
i
contract and may retain Its right to receive a portion of the Finance Charge.
I
e- 17641 -SI (JUL 10)
e- 17641 -B -SI t , Pagel of 7
r-
ryl ;
r; Customer Completed Copy - 1782731
Y r
I �
'l:,
Customer Completed Copy • 1782731 653
Year and Make Model Vehicle Identification Number Use For Which Purchased
s
New/Used Mileage _ Ye a e i
i ® Personal
New 5974 2011 Ford Expedition Agricultural
c
Commercial
a Trade -in 2006 Ford $ 22,000.00 $ 21,439.07
,.
Year and Make Gross Allowance Amount Owing
i' r gy m= sv'y ' m:R Vii ..
1 . Cash Price ...................................................... ............................................................................................... $ 50 1472.01 {1 }
2. Down Payment
Third Party Rebate Assigned to Creditor .............................................................. ............................... $ N!A
Cash Down Pay ment ... ., „ $ NIA
Manuf. Rebate y .................. ............ ............,..`......... ..,......................... ....,.....,.................... $ 500.00
>+ 560.93
U Trade-in (description above) ....... ........................................................................... ............................... $ m
Total Down Payment ................................................................................................. ............................... $ {
1,060.93 !
� 2)
3. Unpaid Balance of Cash Price (1 minus 2) .. S 49 (3) a
0 4. Amounts paid on your behalf (Seller may be retaining a portion of these amounts)
7 To Public Officials °'
Q ro
c (1) for license, title & registration fees $ 20.00 o
o
Z (ii) for official fees $ N!A
U NIA 00
$ 20. co
U (iii) for taxes (not in Price) $ ca
To Insurance Comp: vies for: a
y o Credit Life Insurance ........................................................................................... ............................... $ 2.447.84
CreditDisability 1.1surance ................................................................................. ............................... $ — N!A C
a;
N/A
N/A $ n
NIA............................................ ............................... $ NIA o
o $ 695.00
U To Nation Safe Drivers for CAP Waiver ;?
To Documentary Fee $ c
299.50 D
JENKINS WYNNE INC for
_
1695.00 p
3 Q To Plateau Service Company for Warranty $ - � N
Q To NIA for N/A $ NIA d
c
M To NIA for NIA $ NIA rn
To NIA for NIA $ N/A o
N/
To To NIA for N/A $
To NIA for NIA $ NIA
Total ............................................................................................................................ ............................... $ _ 5,157.34 (4)
5. Amount Financed (3plus4) $ 5 4,568.42 (5)
Debt Cancellation Waiver Addendum (Optional)
Purchase of the debt cancellation waiver is optional and is not required to obtain credit. The terms and conditions of the debt
cancellation waiver are se' forth in the attached Addendum which is incorporated Into this contract. By signing below you agree
to purchase the debt caw,ellatlon waiver for the price set forth on this contract In the Itemization of Amount Financed under
section 4.
A�
Buyer Signs c
e-17641SI (JUL 10)
e- 17641 -BSI Page 2 of 7
)
Customer Completed Copy - 1782731
Customer Completed Copy - 1782731 5654—
- us 'AW
YOU ARE REQUIRED TO INSURE THE VEHICLE. YOU MAY OBTAIN VEHICLE INSURANCE FROM A PERSON
OF YOUR CHOICE. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE
CAUSED TO OTHERS IS NOT INCLUDED. CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL
INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN
i AND AGREE TO PAY THE PREMIUM.
Credit Life Plateau Insurance Company -(C $ 2,447.84 RODNEY BYUS
Insurance Company Premium Insured(s)
'ou/We want Credit Life insurance.
B� B NIA
Buyer Signs Co -Buyer Signs
a :7
CL > c
U Credit _ N/A $ _ NIA NIA _
> Disability Insurance Company Premium Insured(s) Q.
`o
You/We want Credit Disability Insurance,
L �
i Q
C N/A C N/A o
z Buyer S gns Go-buyer Signs 3
U �
U m
Other Coverage Insurance Company Premium Term in Months o
CL Optional o
° Insurance N/A NIA N/A NIA <
i U _ ,
NiA N/A NIA NIA C
I ) You/We want the optional insurance for which premiums are included above. o z
o
T Fr
' U
' ° D
NIA NIA
Buyer Signs Co -Buyer Signs
G ^^
0
i Credit Life and Credit Disability insurance are for the term of the contract. The amount and coverages
I
are shown in a notice or agreement given to you today.
1
Anti -Theft Product (Optional)
The purchase of anti -theft product(s) is optional and not required to obtain credit, even if the product(s) Is already installed on the
I vehicle you selected. You may purchase anti -theft product(s) from the person of your choice. By signing below, you agree to
purchase the antitheft product(s) at the price disclosed.
i
N/A $ N/A Term N/A
NIA $ NIA Term N/A
i NIA $ NIA Term NIA
D NIA
Buyer Signs
e- 17641 -SI (JUL 10)
e- 17641 -B -Si Page 3 of 7
Customer Completed Copy - 1782731
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At
Dale of Repossession 04. 74.2012 .;
.. i
Date of Notice Date of Contract
... PRN "•
Ford Motor Credit: Company 04- 26-2012 04-09 -2011
P.C. BOY 689m? Account Numbx y a 653 _
FRANKLIN, TN 37066 -9007 Buyer RODNEY B
(877) 224 -1262 coburier
DESCRIPTION OF PROPERTY
Year Make Q New
2011 FORD ❑ Used
Vehicle Ideruiriration Number:
a
P /LP*=00000
RODNEY BYUS model Boay
261 B MARSHALL RD
CARLISLE PA 17013 EXPEDT 40R
i
NOTICE OF OUR PLAN TO SELL PROPERTY
i We have your property described above because you broke promises in our agreement.
I Q PRIVATE SALE: We will sail the property described ❑ PUBLIC SALE: We will sell the property desubed above at putllc
above at private sale aometkre after 16 days from the sale to the highest Willer on the oat* below (or any adjournment
i Date of Notice shown above untess redeemed by you tote). The win will be hold as folaas:
' prior to such sale.
3 � Date or Sale Tlrtte of Sale Place of Sale
f
s
Ycu may attend the sale and brig bidders H you warn.
NOTICE OF REPOSSESSION
! . The property is presently stored at: .MANHEIM AUTO AUCTION
� , fit CAST R
The money that we get from the sale (after paying our casts, MANHEIM PA
including reasonable attomey'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 properly bads. pay us this amount by certified check or
we get more money than you owe, you will get the extra money. np^ev cider baton Ina vehicle is sold.
unless we must pay it to someone else. unpaid Balance S 46.734.69
.j PIJs Costs: Repo Expenses $ 220.00
j You can get the properly 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 Plus Late Chaves $ 50.00
Properly Back for an itemization of amount owing. To learn the Lase Finance Charge Rebate S
exact amount you must pay, call us at the telephone number
above. Lass Insurance Premium Rebate $ 1,709.17
5 TOTAL $ 47,295.62
f If you need more information about the sale call us at the
telephone number above, or write us at the address above.
(PIUS expenses Incurred if default at the time or repossession exceeded
if you want us to explain to you in writing how we have figured 16 days and Ins rebate received after the ante of this notice.)
the amount that you awe us, you may call us at the telephone Your property won %be sold unta 16 days after the date of this notice at
S number above, or write us at the address above and request a the EARLIEST. After that you can atilt get ft back any time before its
8 written explanation. °Chu saw.
• It you do, well have no further claim cm J. But the longer you wail, the
We are sending this notice to the following people who have an more costs (including rcp6lrs) you may have to pay.
interest in the property described above or who owe money under It you have anyquesbons scout Iris, 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 As r been (or wii be) returned to:
(dealer/original credtorl
Under our agreemerr with your dealerloriginal creditor, the d*aleOufiginal creditor Is to sell the plot and pay you any money left Over. If you owe money
after the sale, you w0 pay a to the dealer/original creditor.
1
❑ PERSONAL PROPERTY: Any personal property found -n the vehicle may be reclaimed by you wUvn the maid 60 days ar,,n accordance with able law by r
Contacting this office. ce. Thereafter, the personal properly shall be Olsposod of accordingty.
❑ Ceedaor has a"ned to its quafllied Intermediary (01 Exchange, LLC) As rights (but not its obligarlons) with respect to the sate of each vehicle ssiec above
PAYMENTS: All paymeNa to us must be by cenined enact or money order.
MILEAGE DISCLOSURE: If you are aware that the mileage reflected an the vehkde's odometer is rot accurate for any reason, please Contact us so that we
can accurately toport nle "hide's nslaage.
INSURANCE RIGHTS: II you don? want to get your property back, call the Insurance company or the dealwforiginal creditor to make sure that any insurance
has been candled. You harm a right to get credit for all premium refunds.
JOANN x. KEE70N
GL NA t 0II&V Jan a2 Reno" winos may NOT be Ova. CUSTOME 11 CUSTOMER FILE
Pdr"d V U.S.A
4
T
FORD MOTOR CREDIT COMPANY
P.O. BOX 689007 STATEMENT OF SALE
FRANKLIN, TN 37068 -9007 1'11% 1
Date: June 19, 2012
Account Number `
653
RODNEY BYUS
2618 MARSHAL.I: RD
CARLISLE PA 1ZC613
c
The following property has bHen sold:
Year; Make: Model: Vehicle Identification Number:
2011 FORD EXPEDT 1FMJU1K5XBEF14883
Gross balance owing on your contract (1) $ 48,784.69
Deduct: Finance Charge Rebate (2) $ 0.00
Balance owing prior to sale (3) $ 48.784.69
Deduct: Gross proceeds of the sale (4) S 33,400.00
Balance less gross proceeds of the sale (3 - 4) (5) $ 15,384.69
Add: Expenses of retaking and storing, and any attorneys' fees (6) $ 501.75
allowed by law, and expenses of reconditioning and selling.
Deduct: Insurance Premium Rebate (7) $ 3,332.85
Other. (8) $ 0.00
Deficiency" (9) $ 12,553.59
Surplus' (10) $ 0.00
The Surplus /Deficiency will change based on monies received by us (credits) or additional allowed expenses & Interest
adde to your ac (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 rail or write: Mail deficiency payment to
f' .
Ford Motor Credit Company .� Ford Motor Credit Company
P.Q. Box 6508 Dept 194501
Mesa, Arizona, 85216 -6508 P.O. Box 55000
877- 492 -2865 Detroit, MI 48255 -1945
t.
FFNA 11990.FC 01104 Previcus't -Mons may NOT be used.
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• Aar - 23.20'2 01;04 =�r, fax 615.315.2695
6/6
APR 20 -NJ2 07:06 °F-rQtn: To:6153LS2595 pavc:i�i
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VOi.UMARY suwatawt
APIN 17,019
( I DAQtR= OF PPAYEM i OATL OF CONTRACT
{ 11 rvM dXKar Aadl R xrt,
VD40AS IDENr¢f7GATM NlDMM ACCOUNT IMAGM NatAHM MM
Otl� 141,748 6T
1 HrALER i
� Nuw1e: JiNWrVa i vrmr+� r�o �rrcourYUtctasrr
ern. Rare : acAPxI+R M TN i
To: C»Otter
1 valunWk wrender to you lM paasas w of tha praq" dHCrlbed above. t unuirw vw uNd" i redeem tha
1
property K may to add. If the We price d oes not oowr the balance due pis pate @Menses I will pay YOU or ate eaatr
the dh%wc o, tr the ails pries in pmwW 1Msn the balorm due plus wde *49nw I whl be endUscl b roWye the
>NUrplue. By OW14V tnra form t am not WBMno M Y rt M m fadasm th propert/ or to be adVWW Of aw propaud ants of
the property bafav R is add.
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Customer Completed Copy - 1782731 =5653
A. Payments: You must make all payments in U.S. funds when they are due. You may prepay your debt at any time without penalty.
This is a simple finance c contract. The actual finance charge you agree to pay will depend on your payment patterns, The
actual finance charge may,axceed the disclosed Finance Charge if you make your payments later than the scheduled dates or In less
than the scheduled amour;:: Your payment will be applied first to the earned and unpaid part of the Finance Charge and then to the
unpaid Amount Financed. The Finance Charge is earned by applying the Annual Percentage Rate to the unpaid Amount Financed for
the actual time that the unpaid Amount Financed is outstanding.
B, Balloon Payment Contracts: If your last installment payment under this contract is a balloon payment, you may handle the last
installment payment In one.of three ways.
Ejcg, you may pay all that kou owe when the last installment payment is due and keep your motor vehicle.
Second you may refinance the last installment payment unless you are in default under this contract, If the Creditor has advanced
I funds to cure any default, you must pay back the Creditor before the refinancing. You also must provide proof of insurance
acceptable to Creditor before the refinancing. The Annual Percentage Rate (APR) for the refinancing will be the lower of the APR
agreed to by you and the Creditor or the maximum APR permitted by law. The term of the refinancing will be based on the amount
refinanced, the rate, and the amount of the monthly payment. The refinanced monthly payment shall be the same as in this contract if
the refinanced amount will be fully paid within 36 months of the due date of the last installment payment Otherwise, the monthly
payment amount shall be fie amount needed to fully pay the refinanced amount within 36 months of the due date of the last
a
installment payment. If you wish to refinance, you must notify the Creditor in writing. Except as discussed in this section, the notice i
U must be received no later than 30 days prior to the due date of the last Installment payment. ro
y Third you may sell the vehicle to the Creditor for an amount equal to the last Installment payment. You must pay to the Creditor any a
'— other amount owed under this contract. Amounts you owe will be based, in part, on the vehicle's mileage. You also must pay to the a
=°• Creditor the estimated costs of all repairs to the vehicle that are the result of excess wear and use, as set forth below. You must take
o the vehicle to a place selected by the Creditor for inspection no later than 15 days prior to the last Installment payment due date. c
4 After the inspection, if you decide to sell the vehicle to the Creditor, you must give the vehicle to the Creditor no later than the last m
installment payment due date. At that time, you must also give the Creditor a title, which shows no liens other than the Creditor's lien, c9
o transferring ownership to the Creditor or a person selected by the Creditor. After the inspection, if you decide not to sell vehicle to the o
Z Creditor, you must immed'ately contact the Creditor and inform the Creditor whether you want to refinance the last installment B
U payment. ;t ,
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C, Damage Repair: If your last Installment payment under this contract is a balloon payment and you sell the vehicle back to the a
a. Creditor under Paragraph N, you are responsible for repairs of all damage to the vehicle that are not the result of normal wear and 0
U use. These repairs include'; but are not limited to, those necessary to:
o (i) replace any tire not part' of a matching set of four or any tire which has less than 1/8 inch of remaining tread;
m (11) repair all mechanical defects; C
(iii) repair or replace all cli,nted, scratched, chipped, rusted or mismatched body panels, paint or vehicle Identification items; all n
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E dented, scratched, rusted, pitted, broken or missing trim and grill work; all scratched, cracked, pitted or broken glass; all faulty Z
window mechanisms; all broken or burned out lights; all electronic malfunctions; all interior rips, stains, burns or worn areas; and 3
all damage which wouI8 be covered by collision or comprehensive insurance whether or not such insurance Is actually in force. D
m If you have not made the repairs before inspection of the vehicle under Paragraph 8, you will owe the estimated costs of such repairs,
t ' even if the repairs are not made prior to your sale of the vehicle to the Creditor. If you disagree with the estimated costs of repairs, 0
Q you may have the repairs made at your expense prior to your sale of the vehicle to the Creditor. o� i
D. Security Interest: You <:Ilve the Creditor a security interest in: m
m 1. The vehicle and all parts or other goods put on the vehicle; n
2 2_ All money or goods received for the vehicle; and
3. All insurance premiums and service contracts financed for you.
This secures payment of all a.mounts you owe under this contract. it also secures your other agreements in this contract.
E. Use of Vehicle - Warranties: You must take care of the vehicle and obey all laws in using It. You may not sell or rent the
vehicle, and you must keep it free from the claims of others. You will not use or permit the use of the vehicle outside of the United
States, except for up to 30 days in Canada or Mexico, without the prior written consent of the Creditor. If the vehicle is of a type
normally used for personal use and the Creditor, or the vehicle's manufacturer, extends a written warranty or service
contract covering the vehicle within 90 days from the date of this contract, you get implied warranties of merchantability and
f fitness for a particular purpose covering the vehicle. Otherwise, you understand and agree that there are no such implied
warranties, except as otherwise provided by law,
F. Vehicle Insurance: Yo.r must insure the vehicle against loss or damage from collision, fire or theft. You must name Creditor as
the loss payee under the insurance policy. The Creditor must approve the type and amount of insurance. If the vehicle is last,
damaged or destroyed, you must pay the Creditor what is still owed.
You agree that the Creditoi.can make a claim under the insurance policy. You authorize the Insurance company to provide Creditor
any information Creditor believes necessary to make a claim. You must use insurance proceeds to repair the vehicle, unless the
damage to the vehicle is cbnsidered a total loss, if the damage to the vehicle is considered a total loss, you must use the insurance
proceeds to pay what you owe the Creditor. if your insurance on the vehicle doesn't pay all you owe, you must pay what is still owed,
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e-17641-Si (JUL 10) f
e•17641 •B•SI Page 4 of 7
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i Customer Completed Copy - 1782731
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FCUS ACCOUNT NUMBER SI
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CARLISLE. PA 17013
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Customer Completed Copy - 1782731 53
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G. Returned Insurance Premiums and Service Contract Charges: This contract may contain charges for insurance, service
i contracts, or other contracts. You agree that the Creditor can claim benefits under these contracts and unless prohibited by law,
} terminate them to obtain refunds of unearned charges to reduce what you owe. If the Creditor gets a refund on Insurance, service
i contracts, or other contracts; the Creditor will subtract it from what you owe. Once all amounts owed under this contract are aid, an y
I Y P Y
remaining refunds will be paid to you.
H. Returned Check Charge: You agree to pay a returned check charge of $30.00 for each check, draft, or other order of payment
that is dishonored for any reason.
I. Default: You will be in default if:
1. You do not make a payment when it is due; or
2. You gave false or misleading Information on your credit application relating to this contract; or
3. Your vehicle is seized by any local, state, or federal authority and is not promptly and unconditionally returned to you; or
4. You file a bankruptgy petition or one is filed against you; or
j 5. You do not keep any'other promise In this contract.
s If you default, Creditor can exercise Creditors rights under this contract and Creditor's other rights under the law,
J. Repossession: If you default, the Creditor may require you to pay at once the unpaid Amount Financed, the earned and unpaid
f >, part of the Finance Charge':and all other amounts due under this contract. Creditor may repossess (take back) the vehicle, too.
U Creditor may also take goons found In the vehicle when repossessed and hold them for you. 2
y K. Your Right to Redeem: If the vehicle Is taken back, Creditor will send you a notice. The notice will say that you may redeem (buy v
? back) the vehicle and will explain how to redeem the vehicle. You may redeem the vehicle up to the time the Creditor sells it or agrees o-
�° to sell it. If you do not redeem the vehicle, it will be sold. A
r L. Disposition of Motor Vehicle: If the vehicle Is taken back and sold, the money from the sale, less allowed expenses, will be
Q used to pay the amount still owed on the contract. Allowed expenses include those paid as a direct result of having to retake the
c vehicle, hold it, prepare it for sale, and sell it. Reasonable lawyer's fees and legal costs are allowed, too. If there is any money left a n
o (surplus), it will be paid to you, if the money from the sale is not enough to pay off this contract and costs, you will pay what is still 0
z owed to the Creditor. If you`do not pay this amount when the Creditor asks, the Creditor may charge you interest at the highest lawful �0
U rate until you pay.
M. Collection Costs: Ex8ept as otherwise provided by law, you must pay any and all expenses related to enforcing this contract, a
a including collection expense:;, lawyers' fees and other legal expenses. o
�j N. Consumer Reports: You authorize the Assignee to obtain consumer credit reports from consumer reporting agencies (credit
bureaus) for any reason ant*at any time In connection with this contract
C
ar O. Servicing and Collection: You agree that Creditor, Creditor's affiliates, agents and service providers may monitor and record n
C telephone calls regarding your account to assure the quality of our service or for other reasons. You also expressly consent and Z
o agree that Creditor, Creditors affiliates, agents and service providers may use written, electronic or verbal means to contact you. o
This consent includes, but is not limited to, contact by manual calling methods, prerecorded or artificial voice messages, text D
messages, emails and/or automatic telephone dialing systems. You agree that Creditor, Creditors affiliates, agents and service c
n providers may use any emeil address or any telephone number you provide, now or in the future, including a number for a cellular o
phone or other wireless device, regardless of whether you Incur charges as a result.
'a P. Applicable Law: You agree that this contract will be governed by the laws of the state of Tennessee. <•
Q. General: This contract contains the entire agreement between Creditor and you relating to the sale and financing of the motor
M
vehicle, If any part of this. contract is not valid, all other parts stay valid. If Creditor doesn't enforce Creditors rights every time,
Creditor can still enforce them later. Creditor will exercise all of Creditor's rights in a lawful way.
If the last installment payrt; under this contract is a balloon payment, Assignee has assigned to QI Exchange, in its capacity as
Assignee's qualified intermediary, its rights (but not its obligations) with respect to the purchase and sale of this vehicle,
Buyer acknowledges and accepts assignment of this contract to the Assignee (and any successor to Assignee). Buyer also consents g;
to any subsequent assignment of this contract, and accepts this provision as notice of any such assignment, by Assignee or anyone
else without further notice to Buyer. This consent and notice specifically includes any assignment of the security interest in the
j vehicle financed pursuant to this contract.
R. Electronic Records and Signatures and Conversion to Paper: You agree to use electronic records and electronic signatures
to document this contract. Your electronic signatures will have the same effect as signatures on a paper contract.
There will be one authoritative copy of this contract. It will be the electronic copy in a document management system the Creditor
designates for storing It.
The Creditor may convert that authoritative copy to a paper original. The Creditor will do so by printing one paper copy marked
"Original." This paper original will have your electronic signature on it. It will have the same effect as if you had signed it originally on x
paper.
i
e- 17641ST (JUL 10)
e- 17641 -B -5I Page 5 of 7
fi
Customer Completed Copy - 1782731
I
Customer Completed Copy - 1782731
I
REA THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY
ARBITRATION
Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a "Claim') without filing a lawsuit in court. Either
you or Creditor ( "us" or "we') (each, a "Party ") may choose at any time, including after a lawsuit is filed, to have any Claim related to
this contract decided by arbitration. Such Claims include but are not limited to the following: 1) Claims in contract, tort, regulatory or
otherwise; 2) Claims regarding the interpretation, scope, or validity of this clause, or arbitrability of any issue; 3) Claims between you
and us, yourlour employees, agents, successors, assigns, subsidiaries, or affiliates; 4) Claims arising out of or relating to your
application for credit, this contract, or any resulting transaction or relationship, including that with the dealer, or any such relationship
{{ with third parties who do not`sign this contract.
I RIGHTS YOU AND WE AGREE TO GIVE UP
j If either you or we choose to arbitrate a Claim, then you and we agree to waive the following rights:
I RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY
• RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS
CLAIM YOU MAY HAVE AGAINST US WHETHER IN COURT OR IN ARBITRATION
• BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSUIT
• RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR
• OTHER RIGHTS THAT ARE AVAILABLE iN A LAWSUIT
j T
I } o Rights You And We Do Nd't Give Up: If a Claim is arbitrated, you and we will continue to have the following rights, without waiving c
U this arbitration provision as'to any Claim: 1) Right to file bankruptcy In court; 2) Right to enforce the security interest in the vehicle,
> whether by repossession or through a court of law; 3) Right to take legal action to enforce the arbitrators decision; and 4) Right to C
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request that a court of law review whether the arbitrator exceeded its authority. D
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You may choose the organization to conduct the arbitration subject to our approval. The applicable rules (the "Rules') may be
Q obtained from the selected organization. If there is a conflict between the Rules and this contract, this contract shall govern. This
o contract is subject to the Federal Arbitration Act (9 U.S C. § 1 et sec. ) and the Federal Rules of Evidence. The arbitration decision 0
Z shall be in writing with a supporting opinion. Judgment upon the award rendered by the arbitrator may be entered in any court having
U jurisdiction. We will pay your total reasonable arbitration fees and expenses (not Including attorney fees, except where applicable law
C otherwise provides) in excess of $125. We will pay the whole filing fee if we demand arbitration first, Any portion of this arbitration
clause that Is unenforceable.shall be severed, and the remaining provisions shall be enforced. If a waiver of class action rights is a
CL deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, the remainder of 0
U this Arbitration Clause shall be unenforceable. Not withstanding any other provision of this Arbitration clause, the validity and scope of
the waiver of class action rights shall be decided by the court and not by the arbitrator.
ar C
Q YOU ACKNOWLEOGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE
I= ARBITR PROVISION IN THIS CONTRACT. Z
4 U O
Any change In this corrtracf,.Jnust be In writing and signed by you and the Creditor,
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D Buyer E Co -Buyer E wA
C 519115 RODNEY BYUS; Signs NIA E
ICE ANY HOLDER ..
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NOT - R OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND F
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT AMOUNTS PAID BY THE DEBTOR HEREUNDER.`
Used Motor Vehicle Buyers Guide, If you are buying a used vehicle with this contract, federal regulations may
require a special Buyers Guide to be displayed on the window of the vehicle,
THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT.
INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT
OF SALE..
i Guia para compredors de vehiculos usados. LA INFORMACION QUE APARECE EN
LA VENTANILLA DL ESTE VEHICULO FORMA PARTE DE ESTE CONTRATO, LA INFORMACION
CONTENIDA EN EL FORMULARIO DE LA VENTANILLA ANULA CUALQUIER PREVISION QUE
ESTABLEZCA LO CONTRARIO Y QUE APAREZCA EN EL CONTRATO DE VENTA.
'Does not apply if purchased for commercial or agricultural use. In that case, you (debtor) will not assert against any assignee or subsequent
hostler of this Contract any dAims, defenses, or setoffs which you may have against the Seller or manufacturer of the vehicle.
i'Uq
o - 17641 -St (JUL 10)
e- 17641.8 -St Page 6 of 7
Customer Completed Copy - 1782731
Customer Completed Copy - 1782731
4IW 653
7
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The Annual Percentage Rate may be negotiated with the Seller. The Seller may assign this
contract and may retain its right to receive a portion of the Finance Charge.
. i. •. .5' T r ,` i 1. 3rf ,f ^t' f�8 , 14M
2
Do not sign this contract before you read it or if It contains any blank spaces. You are
entitled to an exact.copy of the contract you sign.
Buyer (and Co- Buyer) acknowledge that (1) before electronically signing this contract Buyer
(and Co- Buyer) received and reviewed a true and completely filled in paper copy of this
contract and (ii) at.the time of electronically signing this contract Buyer (and Co- Buyer)
I received a true and, completely filled in paper copy of this contract.
1
i F F N/A
Co-Buyer Signs
CL Buyer Signs 'A y g
Seller JENKINS WYNNE INC By G Title DSA Q
0 THIS CONTRACT IS NOT VALID UNTIL YOU AND SELLER SIGN IT. �
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U GUARANTY
Z) To cause the Seller to sell the vehicle described in this contract to the Buyer on credit, each person who signs below as a a
C 'Guarantor" guarantees tho payment of this contract. This means that if the Buyer fails to pay any money that is owed on this o
U contract, each person who -signs as a guarantor will pay it when asked. Each Guarantor who signs below agrees that he will be liable
l -0 for the whole amount owed' even if one or more other persons also signs this Guaranty. Each Guarantor also agrees to be liable
even if the Creditor does cne or more of the following: (a) gives the Buyer more time to pay one or more payments, or (b) gives a C
—° release in full or In part to any of the other Guarantors, or (c) releases any security. Each Guarantor also states that he has received n
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E a completed paper copy of--.this contract and this Guaranty at the time of electronically signing. Z
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e- 1764151 (JUL 10)
e -17641 di -SI Page 7 of 7
Customer Completed Copy - 1782731
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YCUS ACCOUNT NUMBER: 653
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ACCOUNT NUMBER: 653 CURRENT TERM: 073
YEAR: 2011 MAY,E: FORD MOD YPBDT
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OF 04/09/11 AND REFLECTING ACTIVITY THROUGH 08/17112.
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Attorney Affidavit Reiect Form
The following affidavits are being returned unsigned for the following reason(s):
❑ 1. Affidavit for another financial institution
❑ 2. Stipulated payment or consent judgment
❑ 3. Caption does not reflect appropriate Ford Credit entity
❑ 4. Status code greater than 599
❑ 5. Representative job description not accurate
❑ 6. Account not assigned to your firm
❑ 7. *Buyer/ Co -buyer name not same as in our system
❑ 8. *Buyer /Co -buyer in the Military
❑ 9. Balance greater than the balance in RMS or less than the RMS
balance by more than $1000.00.
Insert discrepant amount $ > or < (circle one)
❑ 10. Service charges
Retail Contracts= interest
Lease Agreements= unpaid payments
❑ 11. *Buyer /Co -buyer in chapter 11, 12, 13 (not discharged)
12. *Buyer/ Co- uyer in b nkruptcy status 1
13. Other N(3+
'7f the reason for the reject is #7, #8, #10, or #12 please circle Buyer /Co -buyer as appropriate.
Please do not hesitate to contact our office if you have any questions or concerns.
Thank you,
A/A Support Team
DOC 581- 014N -1 2/23/12
Andrew Sklar, Esquire (ID# 65332)
Lloyd S. Markind, Esquire (ID#52507)
Jordan W. Felzer, Esquire (ID #38670)
Sklar - Markind
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/616 -8710
FILE NO.: F 1101244
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Ford Motor Credit Company, LLC
1335 S. Clearview Avenue I No.
Mesa, AZ 85209 I
Term
I
Plaintiff(s) I
CIVIL ACTION
I
V.
I
RODNEY BYUS
I
Defendant(s)
I
CIVIL ACTION COMPLAINT
1. Plaintiff, Ford Motor Credit Company, LLC , is a Limited Liability Company with its place of
business at 1335 S. Clearview Avenue Mesa, AZ 85209.
2. Defendant, RODNEY BYUS , is an individual who resides at 261 B MARSHALL RD,
CARLISLE PA 17013.
3. At all times relevant hereto, the Plaintiff was in the business of financing the purchase of motor
vehicles, including but not limited to the motor vehicle installment sales contract signed by
Defendant(s), hereinafter more fully described (the Contract as hereafter defined).
4. On or about APRIL 9, 2011, the Defendant(s) entered into a written Motor Vehicle Retail
Installment Contract, Account Number 48063000000046415653, (hereinafter referred to as the
"Contract "), for the purpose of obtaining financing in the amount of $54,568.42 at an annual
percentage rate of 3.9 %, in order to purchase a certain motor vehicle, 2011 FORD
M
,
EXPEDITION, more particularly described in the Contract (hereinafter referred to as the
"Vehicle "). A copy of the Contract is attached and marked as Exhibit A .
5. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of
$852.61 for a period of 72 months until the loan was paid in full all as is more fully set forth in
the Contract. 0A
6. Defendant(s) made monthly payments until AP t24, 24, 2012, but has failed to make any further
payments thereafter, and are therefore in default of the Contract.
7. The above - mentioned vehicle was voluntarily surrendered and as a result of the default by
Defendant(s), and pursuant to the terms of the Contract, a notice of intent to sell property was
sent to the Defendants(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 intent to sell property and notice of sale date
are attached and marked as Exhibit B.
8. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit
given to the Defendant(s) in the amount of $33,400.00, however a balance of $12,553.59 is still
due and owing, and a notice of the deficiency balance was sent to the Defendant(s). See copy of
the notice of the deficiency balance attached and marked as Exhibit C .
9. Pursuant to the terms of the contract, Defendant(s) is required to pay all amounts due and owing,
including any balance that may remain after the sale of the vehicle, and the Defendant(s) failed to
do so, thereby in default of the Contract.
10. In addition to the foregoing, there is interest due and owing on the deficiency balance which at
this time amounts to $454.62 and which will continue to accrue.
11. In addition to the foregoing, there is due from the Defendant(s), reasonable attorneys fees in the
amount of $3,204.92.
12. The total amount due and owing at the date of this complaint is $16,213.13.
`• Y
' WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), jointly and
severally, if more than one, in the amount of $16,213.13, well as any additional interest and costs that
may accrue and such other and further relief as this Court may deem equitable and just.
SKLAR — MARKIND
Date: March 15, 2013
Andrew Sklar, Esquire (ID# 65332)
Lloyd S. Markind, Esquire (ID#52507)
Jordan W. Felzer, Esquire (ID #38670)
Attorneys for Plaintiff
102 Browning Ln, Bldg B, Ste 1
Cherry Hill NJ 08003
856/61 6 -8710
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r:I C A
Sheriff '
4�,1k Sr 01 � r r E e R O" 3 O O � �
c
Jody S Smith
Chief Deputy - 2013 JUL bH 10:
Richard W Stewart
Solicitor s c= w:i CUMBERLAND COUNTY
PENNSYLVANIA
Ford Motor Credit Company LLC
vs. Case Number
Rodney Byus 2013-3782
SHERIFF'S RETURN OF SERVICE
07/12/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Rodney Byus, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 261 B
Marshall Road, Carlisle War College, Carlisle, PA 17013. Deputies were informed by the Housing Office
that the defendant is retired from the military and no longer lives on the base. Per the Carlisle Postmaster
mail is still delivered to the address provided.
SHERIFF COST: $40.24 SO ANSWERS,
July 22, 2013 RON . R ANDERSON, SHERIFF
(c)CountySuite Sheriff,Teleosoff,Inc.
Markind Law Group, P.C.
BY: Lloyd S. Markind, Esquire
IDENTIFICATION NUMBER: 52507
102 BROWNING LANE, BLDG B, SUITE 1
CHERRY HILL, NJ 08003
(856) 616 -8710
Attorney for Plaintiff
File No.: F1101244
rs:v If�Fi
2HI11 MR 1 7 Pal 2: 03
CUMBERLAND COUNTY
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
Ford Motor Credit Company, LLC
Plaintiff
vs.
RODNEY BYUS
Defendant
: No. 13 -3782 CIVIL
: TERM
: CIVIL ACTION
: STIPULATION OF SETTLEMENT
This matter, having been amicably adjusted by and between the Plaintiff, Ford Motor Credit
Company, LLC , and the defendant(s) , RODNEY BYUS , by and through the undersigned,
and the parties wishing to settle all disputes by and between them, it is hereby stipulated and
agreed as follows:
1. Plaintiff has filed /commenced, or is intending to file /commence, suit against Defendant(s) for
the sum of $16,954.86 inclusive of any and all applicable interest, attorney's fees, costs and other
expenses (collectively, the "Suit Amount "). Defendant(s) hereby acknowledge(s) proper service
of the Complaint and /or Writ of Summons (if suit is actually filed/commenced) and /or that this
stipulation (i) is a binding agreement notwithstanding whether suit is actually filed /commenced
and (ii) is subject to being filed therein if suit is actually filed/commenced at the sole discretion
of Plaintiff accordingly.
2. Defendant(s) hereby admit owing Plaintiff the Suit Amount, waive all defenses thereto
including the applicable statute(s) of limitation, release Plaintiff and its counsel from any and all
claims, and agree to pay Plaintiff the total sum of $16,954.86 (the "Settlement Amount ") to fully
settle the Suit Amount by making payments of $250.00 per month beginning on or before March -
5, 2014 and continuing on or before the fifth (5th) day of each consecutive month thereafter
pursuant to which monthly payments the Settlement Amount must be timely paid in full - there
is no grace period. Payments shall be made payable and sent to Markind Law Group, P.C., 102
Browning Lane, Building B, Suite 1, Cherry Hill, NJ 08003 with time being of the essence
hereunder in all respects.
3. Anything to the contrary notwithstanding, and in the event that Defendant(s) fail(s) to make
the payments of the Settlement Amount as set forth herein, Plaintiff shall be entitled to the entry
of judgment in its favor and against Defendant(s), upon application being made to the Court by
w
way of Praecipe with an Affidavit from counsel for Plaintiff, and without notice to Defendant or
his counsel, for the Suit Amount less credit for any payments which may have been made
hereunder, plus any and all additional attorney's fees, interest, costs and other expenses to the
full extent permitted by law.
4. Defendant(s) expressly agrees that such judgment shall be for the Suit Amount as set forth in
Paragraph 3, above, and waive any and all objections, other opposition /challenges and/or appeal
rights thereto without limitation. Further, Defendant(s) agrees to pay all reasonable legal
fees /costs to enforce this stipulation. Notwithstanding anything herein or otherwise to the
contrary, the settlement set forth in this stipulation (i) is limited to the underlying indebtedness
and/or account sued upon as represented by the Suit Amount and (ii) does not settle any other
claims that Plaintiff may have against Defendant(s), which claims are excepted herefrom and
reserved without limitation.
5. The settlement set forth in this stipulation is limited to Plaintiff account number
xxxxxxxxxxxxxxxx5653.
RODNEY B US - ∎∎
Pro Se Defendant
Dated: 31A ft-e_ j
Markind Law Group, P.C.
Lloyd ". arkind, Esquire
Attorneys for Plaintiff
Dated: (Cf,