HomeMy WebLinkAbout05-1749
"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
Plaintiff
) NO. O~ -/147
)
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CI~l'L ~~
FORD MOTOR CREDIT CO.
v.
BARRY LESHER AND LINDA LESHER,
Defendant( s)
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
Ford Motor Credit Co.
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
LESHER, BARRY 2800.2501.wpd
..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
) NO. ()!;- /'71./? C',-,; L ~~
)
)
)
)
)
)
)
)
FORD MOTOR CREDIT CO.
v.
BARRY LESHER AND LINDA LESHER,
Defendant( s)
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
Ford Motor Credit Co.
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
LESHER, BARRY 2800.250 l.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
) NO.
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)
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FORD MOTOR CREDIT CO.
Plaintiff
v.
BARRY LESHER AND LINDA LESHER,
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 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
2 LIBERTY AVENUE
CARLISLE, P A 17013
800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
) NO. OS - 17'/q C~(.)~L~%vl
)
)
)
)
)
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FORD MOTOR CREDIT CO.
v.
BARRY LESHER AND LINDA LESHER,
Defendant( s)
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, FORD MOTOR CREDIT CO., by and through its attorney,
GREGG L. MORRIS, ESQUIRE and the law offices of P A TENA UDE & FELIX, A.P.C and files
the following Complaint in Civil Action, and in support thereof aver as follows:
1. Plaintiff, Ford Motor Credit Co., is a corporation with offices at 575 East
Swedesford Road, Suite 100, Wayne, Pennsylvania 19087.
2. Defendant is, Barry L. Lesher, an adult individual, who is believed to currently reside
at 88 Bonnybrook Road, Carlisle, Pennsylvania 17013.
3. Defendant is, Linda L. Lesher, an adult individual, who is believed to currently reside
at 88 Bonnybrook Road, Carlisle, Pennsylvania 17013.
4. On or about February 28, 2004, the aforesaid Defendants entered into a written
Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a
dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the Contract is
attached hereto, marked as Plaintiffs Exhibit "1" and incorporated by reference.
5. "Seller" thereafter assigned the Contract to Plaintiff, Ford Motor Credit Company.
6. Pursuant to the terms of the Contract, Defendant was to make Seventy Two (72)
payments of$583.41 commencing on, March 29,2004.
7. The terms of the Contract provide for termination upon satisfaction by Defendant
of all obligations provided thereunder.
8. Plaintiff avers that Defendant defaulted under the Contract by failing to make
payments to Plaintiff as promised.
9. Due to Defendant's default under the Contract, Plaintiff exercised its rights to
terminate the Contract and retake possession of the vehicle.
10. After calculating early termination charges due to Plaintiff, and proceeds from sale,
ifany, Plaintiff avers that a deficiency balance of$8,457.85 is due from Defendants as of September
15,2004.
11.
The terms of the Contract provide that Defendant will pay Plaintiffs reasonable
attorney's fees.
12. Plaintiff avers that such attorney's fees will amount to $2,100.00.
13. Despite repeated request, Defendants have willfully failed and/or refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the
amount of$8,457.85, interest from the date of breach, reasonable attorney's fees in the amount of
$2,100.00 with continuing interest thereon at the legal rate from the date of Judgment plus costs.
The damages requested are less than the maximum amount for compulsory arbitration as set by the
Court.
4-
PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE
Buyer (and Co-Buyer) Name end Address'(inctudiog Couhty end Zip Code) CREDITOR (Seller Neme and Addr..a) MAR 0 3 .n""
BARRY L. LESHER & LINDA L. LESHER FAMILY FORO-MERCURY, INC. ~
BB BONNYBROOK RD. 170 YORK RD.
CARLISLE, PA 17013 CARLISLE, PA 17013
You. ,he Buy_land Co-auyer, H any), rNY buy'M v.nlcle deserlbed below for c..h 01" on cNdlt. 'The '"Caw. Pn~" abown below III ttle caM price of lite vehicle. The
.Totaj $ale Prl~" .hewn be'ow 18 the ctedlt pric:1I. By algnlng thl. C1Jntract. you ChOOH to buy Of'! crldltlU\d... the egreemenu on tM front and baek of thla cont.-.ct.
New/Used Vear and Make Model GVW jf Truck Ibs. Vehicle Identification Numt)&r Use For WhIch Purchased
12004 FORO I F250 I I I Xl Personal o Agricultural
NEW lFTNF21L~4EB26732 0 Commercial
INSURANCE
Trade-in 2002 FORO F150 <21100.00 ';0760. '31 YOU MAY OBTAIN VEHICLE INSURANCE
Yes, and Make Grou AIlOwanc& Amount Owing
ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE.
$ 33240.00 (I) YOU ARE NOT REQUIRED TO OBTAIN
1. Cash Price ............................................................................................ CREDIT LIFE, CREDIT DISABILITY AND
2. Down Paymenl OTHER OPTIONAL INSURANCE. THIS
Third Party Rebate Assigned to Creditor ............................. $ 2500.00 CONTRACT WILL NOT INCLUDE THEM
Cash Down Payment.................................................................. $ 900 00 UNLESS YOU SIGN AND AGREE TO PAY
Trade-'r02 FORD ;?1I00.00 $20760.'31 $ 339.0'1 THE PREMIUM.
Year and,... GfONAlIOwatlOl: .....,...o.<n; THIS CONTRACT DOES NOT INCLUDE
Total Down Payment ...................................................................... $ 373'1 0'3 (2) LIABILITY INSURANCE COVERAGE FOR
3. UnpaId Balance of Cash Price (1 minus 2) .................................... $ 295001.91 (3) BODILY INJURY AND PROPERTY
4. Amounts paid on your behalf (Seller may be relalnlng a portion of these amounts) DAMAGE CAUSED TO OTHERS.
To Inaufllnc:e Companies for $
Credit Llf. Insurence (for lerm 01 contract) ........................ N/A
Credit Disability Insurance (tor term of contract}.............. $ NfA
[Term _Months (Estimate)] $ N/A
To Public Offlclats (i) lor ncense ($ F. 001 J. title ($ ?? 50 l.& o Credit Lile
registration 1$~1J fees $~; Insurer
(il) tor liUng fees S 5.0~ $ N'A
(m) for taxes (not in Cash Price) $ 5B3.40 $ ME. '30 Premium Insured(s)
To for $ NfA Signature
To for $ N/A
Taf:AM II V FORD-M!'RClIIlV, NOTARV & DOC !'EE $ 52.00
To lor $ N/A Credit
Total.................................................................................................... $ E.6R q0 (4) o Disability Insurer
5. Amount Financed (3 plus 4) ............................................................. $ 3016'3.81' (5)
$ HIll
FEDERAL TRUTH-iN-LENDING DISCLOSURES Premium Insured
ANNUAL FINANCE Amounl Total 01 Tolal Sale Signature
PERCENTAGE CHARGE Financed Payments Price
RATE The doUar amount The amount of The amount The lotal cost
The cost 01 your the cradi1 will credit provided to you will have 0' your purchase QI\
cosl you you or on your paid when you credit, 0
credit as a yesI/1y rate behall have made all incruding your Olher Oplional Insurance Term
scheduled downpayment
payments 01$ 3139.e9 $ Prllth~m
% $ $ Insurer
Number 01 Amount of Each When Paymenta :iinnaturB
Payment Schedule q ,ayments Payment ara dua ~r::. L:~~~r:: ~:O:=~I~n=: .~
Your payment schedule 1 ~ $ 51lJ.41 (monthly starting) covereg.. ere shown In a notice or agreement
will be: t fin $ 383.41 MAR l!3 fJ4 \liven 10 you today.
0
You must Inaure the 'ahlcle. II a charg. 's
~~~~~h:~erec::~r ~I r:rr~ ";'J'~
ft.~v::hlf: ~i"tJ'::. ~o.:,n b~' ,:s~;~ulh:~
the "mila olllle polley.
0 CompnilhensMil o $ /lJ1 ~ DeO\lctible
Prepayment: II you payoff your debt .arty. you will nol he.e to pay a penally.
Late Paymenl' You must pay 8 late charge on the portion at each payment received more Collision
than 10 days late. The charge is 2 percent of the late amount or S50.00 whichever Is less. 0 F'.-g.. Theft.combined Additional Coyerage
Security Inlaresl, You are giving a security interest in the vehicle being purchased. 0 Towing and Labor
Contract: Please see this contract tor additional information on securyty interest, nonpayment 0 Term Months (Estimate)
defauh. the righ1 to require repayment of your debt in full before the scheduled date, and Premium $
prepayment penally.
ft you do not meet your contrael obligations, you may lose Ihe vehicle that you are flnancing under this contract,
as weU as both parts and goods put on the v6hlcle and money or goods I'$celved for the vehicte.
NON-MODI Ie TION DISCLOSURE
contract mus In a signed by you ~r. ~
~UJJt: ~~YEA: ~
YOU ACKNO LEDG AT YOU HAVE READ AND AGREE TO BE BOUND
BY THE ARBITRA1l0N PROVISION ON THE REVERSE SIDE OF THIS
CONTRACT.
o Ilel>l CancolloUon WII_ Addondum (OptlOnall
It 1IIi. box Is checked you have purchased a Ilebl
cancelation waNer. Purchase of this coverage Is
op~onaI and I. not raqulrad to ob\Iin ered~. The terms
and condition$ of Ihe debt canceUatJoo waiver are set
fol1h in the Bttadled Addendum which Is incorporated
Into lhis contnId. The price tor the debt cancellation
waiver ls set forth M this contract In the Itemization
of Amount Rnanced under Sedlon 4.
NonCE TO BUYER
Do not sign this contract in blank.
You are entitled to an exact copy of the contrBct you sign.
Keep it to protect your legal rights.
Buyer (and Co-Buyer) acknowledge that <I) before Signing this
contract, Buyer (and Co-Buyer) received and reviewed a true
and completely filled in copy of this contract and (ii) at the
time of sl nin this contract, Buyer (and Co-Buyer) receIVia
a true a comp ete n copy of Is contract
~
Buyer
Program No.
QUESTIONS?
~'
-,
4iI!l!D
By.lg"'n w, the Set1.' accepu thla co tl'llCt.
."'gnMent attIIched to thl. CQnt.rae;t, 1M Selle' 8
~ h1d1/LY ~~p /AIC By
PLEASE CALL US AT 101100-727-7000
or
Viall ua at www.lordcredlt.com
03-001
Fe 17S37-$J Jul 03 (PfeotlOua IlClItiOr4 may be ueecI.)
.A
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I
ORIGINAL
ADDrTl9NAL AGREEMENTS
A. Payments and S\lmmary N<>IIca:' You ~Sl ~kli all.
payments in U.S. lunds whan thay are. due. You may prepay your
debt at any time without llenally. ThIS is a S!JnPle interest contract:
The actual finance Charge you agree'to pay will depand on your
pilyment patterns. The actual finance charge may exc.oed the
discloSed Anance Charge if you make your payments later than
the scheduled dates or in less than the schedulOO amounl. The
Creditor will apply your payments first to the eamad and unpaid
part of the Finance Charge and lhen to the Amount Financed. The
Creditor earns the Finance Charge by applylng the Annual
Percenlage Rate to the unpaid Amount Financed lor the actual
lima tha unpaid Amount Financed is outstanding. " the vehicle is
repossessed, you will not have a right to reinstate the contract
unless the Creditor agrees.
B. Security Interesl: You give the Creditor a seculity Intarest In:
1. The vehicle and all parts or other goods put on the vehicle:
2. All money or goods receivOO for the vehicle: and
3. All Insurance premiums and seNice contracts financOO for you.
This secures payment of all amounts you owe in this contract. It
also secures your other agreements in this contract
C. Use of Vehicle - WARRANTIES: You mUSI lake care of
the vehicle and obey all laws in using it. You may not sell or rent
the vehicle. and you must keep it tree from the claims of others.
You will not use or permit the use 01 the vehicle outside 01 the
United Stetes, except for up 10 30 days in Canada or Mexico.
without the plior writtan consent of the Crooitor. If the yehlcle la
of a typa nonnally used for peraonal use and tha Creditor, or
the vehicle's manufacturer, extends a written warranty or
service conlract covering Ihe ""hlcle wllhln 90 days from Ihe
dale of this contract, you gal Implied warranllas 01
merchantabUlty snd fitness for a particular purpose co""rlng
the venlcle. Otherwise, you unllel'sland snd a\JTH Ihal there
are no such Implied warranties.
D. Insurance: You musllnsure yourself and the Creditor against
loss or damege 10 tha vehicle. The Creditor must approve the
type and amount of insurance. If the Creditor obtains a refund on
insurance or service contracts, the Creditor will subtract the
retund lrom whal you owe. Whether or not Ihe vehicle IS
Insured, you musl pay for II If II Is losl, damaged, or
deslroyed.
If a charge for vehicle insurance is shOwn on \he front, Ihe
Credilor will tl)' to buy the coverages checked for the tarm shown.
The Creditor is not iiable, though, if he cannot do so. I! these
coverages cost more than the amount shown 'or insurance. the
Creditor may buy \hem for a shorter term or he may give you
crOOit for Ihe amount shown. II he cannot buy any insuranca, he
will give you credit for the amount shown. The credll will be made
to the last paymenls due.
E. Lata Charge: You will have to pay a late charge on the
portion 01 each payment mada more Ihan ten days late. The
charge is shown on Ihe fronl. ,>.cceptanca of a late paymenl does
not excuse your default or mean \hat you can keep making
paymenls after they are due. The Creditor may take the steps set
forth in this contract, If there is any default.
F. Delaull:. You will be in" defaull ~:.
:1. You do nol make a paymenl when it is du\lI or
2. You gave false or misleading information on your credit.
application relating to ~s contract; or
3. Your vehicle is seized by any local, state, or federal
autholity and is not promptiy and unconditionally
relumed to you; or
4. You file a bankNptcy patition or one is filed against you: or
5. You do not keep any other promise In this contract.
I! you ere in detaull, Ihe Creditor may require you to pay at once
the unpaid Amount Financed. the earned and unpaid part of tha
Finance Charge and all other amounts due under this contract.
He may rapossess (take back) the vehicle. 100. Ha may e1so
take goodS found In or on the yehlcle when repossessed and
hoid them lor you.
If Ihe vehicle is laken back, ha will sand you a nolice. The notice
will say thai you may redeem (buy back) the vehicle. II will also
show the amount needed 10 redeem. You may redeem the
vehicle up to the time the Creditor sells it or agrees to sell it. If
you do not rOOeem the vehicle, it will be sold.
The Creditor will use the money from the sale, lass \he allowed
expenses, 10 pay the amount still owed on this contract.
Expenses paid as a direct result of having to retake the vehlclo,
hold il tor sale, and sell II are, as permitted by law, allowed
expenses. Lawyers' faes and legal costs permiUed by Isw are
allowOO, too. The Creditor will pay you any money leU (a
surplus). You will pay eny money stili owing after Ihe sala 10 the
Creditor. If you do not pay this amounl when the Cradilor asks,
the Creditor may charge you interest at the highast lawful rate
until you pay.
G. Consumer Reports: You au\horize Ford Motor Credil Com-
pany to obtain consumer cradit reports from consumer reporting
agencies (credit bureaus) for any reason and at any time in con-
nection with this contract.
H, General: To contact Ford Molor Credit Company aboul this
eccount, call 1.800-727.7000. Also, you may make address and
olher selected changes at www.fordcredit.com. The law at Penn-
sylvania applies 10 this contract. If \he law does not e1low ail of the
agreements in this contract, the ones lhet are not allowed will be
void. Tha rest of this contract win still be good.
FTC NOTICES
NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT
CONTRACT IS SUBJECT TO ALL CLAIMS AND
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 EXCEED AMOUNTS PAID BY
THE DEBTOR HEREUNDER.
Used MOlor Vehicle Buyers Guide. If you ara buying a used
vehicle w\lh Ihls contract. fOOeral regulations mey requira a
special Buyers Guide to be displayed on the window of lhe
vehicle. THE INFORMA110N YOU SEE ON THE
WINDOW FORM FOR THIS VEHICLE IS PART OF
THIS CONTRACT. INFORMA110N ON THE WINDOW
FORM OVERRIDES ANY CONTRARY PROVISIONS
IN THE CONTRACT OF SALE.
GUARANTY
To cause the Seller to selllhe vehicle described on the front of this contract to the Buyer, on credit, each person who signs below as
a 'Guarantor" guarantees the payment of this contract. This means Ihat if the Buyer fails to pay any money that is owed on this
contract, each one who signs as a guarantor will pay it when asked. Each person who signs below agrees that he will be liable for
Ihe whole amounl owed even if one or more other persons also signs this Guaranty. Ha also agrees to be liable even If the Craditor
does one or more of the following: (a) gives \he Buyer more time 10 pay one or more payments, or (b) gives a release in full or in part
to any of the other Guarantors, or (c) releases any seculity. Each Guarantor elso slates that he has received a complelOO copy of this
contract and this Guaranty at the tima of signing.
Guarantor
Guarantor
Address
Address
READ THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY
ARBITRATION.
Arbitration is a method of resolvi"\l any claim, dispute, or controversy (coItectively, a 'Claim') without filing a lawsUiI in ,court. Eithar you
or Creditor ("us' or 'we') (each, a Party') may choose al any time, including after a lawsuit Is fIIOO, 10 have any Claim related to this con-
tract decided by arbitration. Such Claims include but ara not limited to the following: 1) Claims in contract, tort, regulatory or otherwise; 2)
Claims regarding \he interpratalion. scope, or validity of this clause, or arbitrablllty of any Issue: 3) Claims between you and us, our
employees, agents. successors, assigns. subsIdiaries, or aftlliales; 4) Claims arising out 0 or relating to your application lor crad1t, Ihis
contracl, or any r8Sulting 'ransaclion or retationshlp, including that with the dealer, or any such relationship with third parties who do not
sign this contract.
RIGHTS YOU AND WE AGREE TO GIVE UP
If eIther you or we choose to arbltrate a Cialm, Ihen you and we agree 10 waive 'he following righls:
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 DtSCOVERY AS ARE AVAILABLE IN A LAWSUIT
RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR
OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT
RM1hta You And We Do Not Give Up: If a Claim Is artlltrated, you and we will continue to have the fouOwinglights: .without :Waiving this
a ltratlon prOVISion as to any Clatm: 1) Right to file bankruptcy \0 court; 2} Righi to enforce the s9C\.Irity Interest In the vehicle, whether
by repossession or through a court of law; 3) Right 10 take legal action to enforce the arbitrator's decision; and 4) Right to request that a
court of law review whether the arbitrator exceeded its authority.
Eithar Party musl contact any assoclalion below and lhe other Party to start arbitration. The applicable Nles (\he "Rules') may be
obtainad lrom the association.
Amelican Arbitration Association ('AAA"), all-S00-nS-7879. or www.adr.org;
J.A.M.SJEndispute, at 1-800-448-1660, or www.jamsadr.com;
. National Arbitration Forum, at 1.800-474-2371, or www.arlrforum.com.
If there is a conflict between the Rules and this contract, this contract shall govem. This contract is subject to the Federal Arbitration Act
(9 U.S.C. !i 1 et seq.) and !he FOOeral Rulea of Evidence. The arbitralion deciston shall be In writing with a supporllng opinion. We wiil
pay your total reasonable arbitration fees and ex~nses (not lncluding attomey fe8S, except where applicable law otherwise provides) in
excess of $125. We will pay \he whole filing fee If we demand arbitration first. Any portion of this arbitralion clause that is unenforceabie
&hal\ be severed, and the remainina provisions shall be entorced.
FC \1031.51 JIA 03 (~editlons TnIoy be UMd.l
PA
. '
VERIFICATION
The undersigned is an authorized agent of the Plaintiff and verifies that the facts and
statements made herein are true and correct based upon my knowledge, information and belief, and
is based upon and has been obtained from a review of the facts and information contained in the
business records ofthe Plaintiff supplied to us by the Plaintiff. Counsel has signed the verification
as a matter of time and convenience. The verification of the party will be provided if requested.
The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
Date:
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2005-01749 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT CO
VS
LESHER BARRY ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according t law,
was served upon
says, the within COMPLAINT & NOTICE
LESHER BARRY
the
, at 2025:00 HOURS, on the 5th day of April
at 88 BONNYBROOK ROAD
DEFENDANT
CARLISLE, PA 17013
BARRY LESHER
, 2005
by handing to
a true and attested copy of COMPLAINT & NOTICE
together wi h
and at the same time directing His attention to the contents ther of.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.70
.00
10.00
.00
31.70
Sworn and Subscribed to before
me this
/;
,
day of~
,c2 C''''-'> }- A.D.
~pr~-~
So Answers:
?V'>A:::~ ~
R. Thomas Kline
04/06/2005
PATENA~DE &
By:
6~.
~/
/
SHERIFF'S RETURN - REGULAR
~
.-
CASE NO: 2005-01749 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD MOTOR CREDIT CO
VS
LESHER BARRY ET AL
CPL. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according law,
says, the within COMPLAINT & NOTICE
was served upon
LESHER LINDA
DEFENDANT
, at 2025:00 HOURS, on the 5th day of April
, 2005
at 88 BONNYBROOK ROAD
CARLISLE, PA 17013
by handing to
BARRY LESHER, HUSBAND
a true and attested copy of COMPLAINT & NOTICE
together w th
and at the same time directing His attention to the contents the eof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
-;--..;7":Gh<".,,.,c /:{e~
. "/'.'
R. Thomas Kline
04/06/2005
PATENAUDE &
Sworn and Subscribed to before
me this
If
day of 1V}~
.J
....
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT,CO.
Plaintiff
Defendant( s)
) NO. 05-1749
)
)
)
)
)
)
)
v.
BARRY LESHER AND LINDA LESHER,
PRAECIPE FOR DEFAULT
JUDGMENT
Filed on behalf of:
Ford Motor Credit Company
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa J.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412)429-7675
LESHER, BARRY 2800.2501 .wpd
..,I
.. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
) NO. 05-1749
)
)
)
)
)
)
)
v.
BARRY LESHER AND LINDA LESHER,
Defendant( s)
PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
Please enter a judgment against the defendant, above named, for failure to file an Answer to
Plaintiffs complaint.
Amount claimed in Complaint
Interest from September 15, 2004
Attorney's fees
$ 8,457.85
$ 653.44
$ 2,1 00.00
$11,211.29
TOTAL
With continuing interest on the principal amount of$ll ,211.29, with interest at the legal rate,
plus costs of suit.
I hereby certifY that a written notice of intention to file this praecipe was mailed to the
defendants and defendants' counsel (if known), after the default had occurred and at least ten (10)
days prior to the date of the filing ofthis praecipe. A copy of the Notice is attached.
/
, . ~ .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT,CO.
Plaintiff
Defendant(s)
) NO. 05-1749
)
)
)
)
)
)
)
v.
BARRY LESHER AND LINDA LESHER,
IMPORTANT NOTICE
Filed on behalf of;
Ford Motor Credit Co.
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa J.D. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412)429-7675
. ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT,CO. ,
Plaintiff
Defendant( s)
) NO. 05-1749
)
)
)
)
)
)
)
v.
BARRY LESHER AND LINDA LESHER,
To: Barry Lesher
88 Bonnybrook Road
Carlisle, P A 17013
Linda Lesher
88 Bonnybrook Road
Carlisle, P A 17013
Date of Notice: April 26, 2005
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 DA YS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORT ANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A 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 MAYBE 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
2 LIBERTY A VENUE
CARLISLE, PA 17013
800-990-9108
.
g 1,. Morris Esquire
PatenaJide & Felix, A.P.C
21~:Main Street
Carnegie, P A 15106
(412) 429-7675
'.. .-. "
I, Gregg L Morris, attorney for Plaintiff, Ford Motor Credit Co., hereby certify that a true
and correct copy of the foregoing document was served this date by US First Class Mail, postage
prepaid upon the following:
Barry Lesher
88 Bonnybrook Road
Carlisle, P A 17013
Date:
~
Linda Lesher
88 Bonnybrook Road
Carlisle, P A 1)f\1],
;;/1 /
;/
,."...Y'
"://'
;
Gre g L J'Aorris, Esqu e
j'atenayde & Felix, A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
...
...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
) NO. 05-1749
)
)
)
)
)
)
)
FORD MOTOR CREDIT,CO.
Plaintiff
v.
BARRY LESHER AND LINDA LESHER,
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. I037(b)
COUNTY OF ALLEGHENY
)
) SS.
)
COMMONWEALTH OF PENNSYLVANIA
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared Gregg L. Morris, attorney for and authorized representative of Plaintiff, who
being duly sworn according to law, deposes and states that the defendant, Ba Lesher, is not in the
military service of the United States of America to the best is knowledge information and belief
and certifies that Notice of Intent to take Default J ge e as m . d in accordance with
Pa.R.C.P. 237.1, as evidenced by the attached copy.
SWOIJl tp. and subscribe before me
this~1.:t=-day of 2005,
L
TERESA L LESKO
Notary Public
CARNEGIE BOROUGH
ALLEGHENY COUNlY
My Commission ExPIres Feb 11. 2008
,- .
. "
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
Defendant( s)
) NO. 05-1749
)
)
)
)
)
)
)
v.
BARRY LESHER AND LINDA LESHER,
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037(b)
COMMONWEALTH OF PENNSYLVANIA
)
) SS.
)
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared Gregg L. Morris, attorney for and authorized representative of Plaintiff, who
being duly sworn according to law, deposes and states that the defendant, Li a Lesher, is not in the
military service of the United States of America to the best his knowledg , information and belief
and certifies that Notice of Intent to take Default g s ed in accordance with
Pa.R.C.P. 237.1, as evidenced by the attached co .
swor8/9. and subscribed before me
'~2k~2005
ary Public
N AI L
TERESA L LESKO
Notary Public
CARNEGIE BOROUGH
ALLEGHENY COUNTY
My Commission Expires Feb 11. 2008
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(..,)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
) NO. 05-1749
)
)
)
)
)
)
)
FORD MOTOR CREDIT .cO.
Plaintiff
v.
BARRY LESHER AND LINDA LESHER,
NOTICE OF ORDER,
DECREE OR JUDGMENT
Filed on behalf of:
Ford Motor Credit Company
Plaintiff
Counsel of Record for This
Party:
Gregg L. Morris, Esquire
Pa LD. #69006
Patenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
.
. . ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
Defendant( s)
) NO. 05-1749
)
)
)
)
)
)
)
FORD MOTOR CREDIT .CO.
Plaintiff
v.
BARRY LESHER AND LINDA LESHER,
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( )Plaintiff ( x )Defendant ( ) Garnishee ( ) Additional Defendant
You are hereby notified that the following Order, Decree, or Judgment has been entered
against you on
( ) Decree Nisi in Equity
( ) Final Decree in Equity
(X) Judgment of ( ) Confession
(X) Default
( ) Non-Pros
( ) Verdict ( ) Court Order
( ) Non-suit
( ) Arbitration Award
( X ) Judgment in the amount of $ 1l.211.29 , plus costs.
( ) District Justice Transcript of Judgment in the amount of $
plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's license will be
suspended by the Department of Transportation.
Prothonotary
By
Deputy
If you have questions concerning the above, please contact:
Name of Attorney: Gregg L. Morris, Esquire
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
1
FlLEQ-4F~ICE
p~ TN~ pRpTNONOTARY
2010 OCT 19 Aid i i ~ l 3
~U~~E~NSYl.VA~ A ~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
NO. OS 1749
v.
BARRY L LESHER and LINDA L LESHER
Defendant(s)
PRAECIPE FOR
SATISFACTION OF
JUDGMENT
Filed on behalf of:
FORD MOTOR CREDIT CO.
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 E.1~iain Street
Carnegie, PA 15106
(412) 429-7675
~`Ov P°~`
PA_147 Prcp Sat Jg P&F File No. 2800.2501
~~q~~
r ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT CO.
Plaintiff
NO. OS 1749
v.
BARRY L LESHER and LINDA L LESHER
Defendant(s)
PRAECIPE TO SATISFY JUDGMENT
TO: PROTHONOTARY
Please satisfy the Judgment at the above captioned action of record upon payment of your
costs, only. Thank you.
Respectfully sub tte
Patenaude & F lix, A~
Date: October 13, 2010
21
C e ie PA 15
( 2)~4 -7675
PA_147 Prcp Sat Jg P&F File No. 2800.2501
I, GREGG MORRIS, attorney for Plaintiff, FORD MOTOR CREDIT CO. ,hereby
certify that a true and correct copy of foregoing document was served this date by ordinary mail
upon the following:
Jim Robinson, ESQ. Linda L Lesher
Attorney for Barry L Lesher Defendant
28 S Pitt Street 88 Bonnybrook Rd.
Carlisle PA 17013--! ! ! Carlisle PA 17013
Date: October 13, 2010
Gregg L. orris, squire
Patens & Fe x, A.P.C.
213 E, ain S et
Carne e, PA 5106
(412) 29-76 5
PA_147 Prcp Sat Jg P&F File No. 2800.2501