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Home My WebLink About05-5607 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.c. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 Attorneys f()r Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, AZ 85216-6508 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Case No. 0 5 - .5'td)7 Ciui.L ~f-vn. JOHN T OBRIEN 1423 Timerbrook Dr Mechanicsburg, Pa 17050 Defendant(s). CIVIL ACTION COMPLAINT NOTICE AVISO You have been sued in court [[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 urby attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are \varned that ifyau fail to do so the case may proceed without you and a judgment may be entered against you by the court without fwther notice fOT 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. Le han demandado a usted en la corte. Si usted. quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de p]azo a] partir de ]a fecha de la dcmanda y ]a notificacion, Hace fa]ta asentar una comparencia escrita 0 en persona 0 cun un abogado y entre gar a la corte en fomm escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corle tomara medidas y puede continuar]a demanda en contra suya sill previa aviso 0 notificaciOIl. Ademas, la corte puede decidir a favor de] demandante y requiere que usted cumpla con todas ]as provisiones de esta demanda. Usted puede perder dincro 0 SIL~ propiedades u otros derechos importantcs para lL~ted, YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. If YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF]CE SET FORTH BELOW TO F]ND OUT WHERE YOU CAN GET LEGAL HELP. LLEVE EST A DEMANDA A UN ABOGADO]MMEDlA T AMENTE. S] NO T1ENE ABOGADO 0 S] NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFICI;'\;A CUY A DIRECC]ON SE ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PL'EDE CO;-..'SEGUIR AS]STENC]A LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (7 I 7) 249-3 I 66 MAURICE & NEEDLEMAN, P.c. BY: Joann Needleman, Esq, Identification No, 74276 Thomas R. Dominczyk, Esq, Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attomeys for Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, AZ 85216-6508 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. OS- - C,u'lllf ,~ v. JOHN T OBRIEN 1423 Timerbrook Dr Mechanicsburg, Pa 17050 Defendant(s). CIVIL ACTION COMPLAINT 1. Plaintiff. Ford Motor Credit Company, is a Corporation with its place of business at P.O. Box 6508, Mesa, AZ 85216-6508. 2. Defendant, John T Obrien, is an individual who resides at 1423 Timerbrook Dr Mechanicsburg. Pa 17050, 3. At all times relevant, the Plaintiff was in the business ofloaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 4. On or about 12/15/2004, the Defendant(s) entered into a written Motor Vehicle Retail Installment Contract, (hereinafter referred to as the "Contract"), for the purpose of obtaining financing in the amount of $10,797.20 at an annual percentage rate of 12.690%, in order to purchase a certain motor vehicle, 2000 Ford Winstar 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 $243,96 for a period of 60 months until the loan was paid in full all as is more fully set forth in the Contract. 6. Defendant(s) made monthly payments until 02/21/2005, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 7, As a result of the default by Defendant(s), and pursuant to the terms of the Contract, the above-mentioned vehicle was repossessed and a notice of repossession was sent to the Defendant(s) giving the Defendant(s) the opportunity to redeem the Vehicle as well as notice of the sale date. A copy of the notice of repossession and notice of sale date are attached and marked as Exhibit B. 8. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit given to the Defendant in the amount of$7,600.00. 9. After providing the aforesaid credit. a balance of$3.577.66 was still due and owing, and a notice of the deficiency balance was sent to the Defendant. See copy of the notice of the deficiency balance attached and marked as Exhibit C. 10. Pursuant to the terms ofthe contract, Defendant is required to pay all amounts due and owing, including any balance that may remain after the sale of the vehicle, The Defendant failed to do so. Defendant is indebted to Plaintifffor the balance of $3,577.66, II. In addition to the foregoing, there is interest due and owing on the deficiency balance which at this time amounts to $150.92 and which will continue to accrue. 12. The total amount due and owing at the time of the filing of this complaint is $3,728.33. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $3,728.33, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. CZYK, ESQUIRE VERIFICATION I, THOMAS R. DOMINCZYK , ESQUIRE, verify that I am the Attorney of record for Plaintiff, FORD MOTOR CREDIT COMPANY, and duly authorized to make this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A, 94904 relating to unsworn falsification to authorities. BY: THO~'l\S R. DO DATED: (D b-\ I uf 12/15/04 PENNSYLVA'NIA SIMPLE INTEREST VEHICLE RETAil INSTALMENT CONTRACT a"yar (and Co-Buyer) Nama and Addrass (iocIudil'lQ Coun~ and Zip COO6) CREDITOR (Seller ttam1l and AddTHt) JOHN T OBRIEN Ai2~ TIMBEBBROOK DR l:'riliRmX~B RG PA 11050 DATE DEe 2 2 2004 -UA2>)~Tj(,,-, PA 170i3~165i L B SMITH fORD INC 1100 MARKET STREET LE110Y'NE You,tIlt Buy... (and Co-Bu,.,. "any), IMybuyIMYllIllelallUel1__lowlor_horOll cndlL TrIa 'C..hPrl~' ah_ below tlltlae""llrlclloltM~. Tha "ilNlSIltI'rtcll'lhowrrbalowl,lhacflIdftllOke",.llJlllnglhlaeontrar:t,youchooutobl/Yoncrectl!und.rtl,aallfWlll'nlaonlhot'"'nlandbeekollhlll:OR!rKt. NewJUsad yarandMake 100 USED FORO Modol GVWlfTruclI ~INDSTJ\R\ Trat.M-in . !VA Year and t.1ake GtO$SAIlow8llClt ITEMIZATION OF AMOUNT ANANCED 1. Cash Price ...... .........,.... ................... ............... 2. Down Payment Third Pany Rebate Assigned to Creditor ..... ~d:.~;wn Payment..... ...s......"Wii... ......'$".. ......~.... -- y_ondMaloo -- 659.70 FEDERAL TRUTH.IN-lENmNG D1SClOSUAES FINANCE Amount Total 0' CHARGE Financed Payments Tho amounl of The amount credllprollldBdto youwlllhavtl you or on you. paid whltn you bahalf havemaooall sch9dulad paymltnts ANNUAL PERCENTAGE RATE "Olo cost <If you. cred~ as a yaarty rala Th&dollal amount the cr9ditwil cost you 12. 69 '" Paymenl Schedule l3:. ~:=f Your paymelll schedule "Q $ wiUbe: llinal S o AmounlotEach P"yment '-43.96 .,43 ~ Use ForWl1lcl1 Pun:haSSid TOPerson8l O~ 2f1'IlAS3i6YE1A31222 0 CoiJmerclal INSURANCE YOU MAY OBTAIN VEHICLE INSURANCE FROM A PERSON OF YOUR CHOICE. VahicleldenlnicalillrlNumber . !VA Total Down Payment ....... ................... ...m....... .... ................ $ 1000 00 (2) 3. UnlWd Balance at Cash Prlce (1 mlllllS 2~..n........ ......... $ 9995.00 (3) 4. Amounts paid on your behalf (Seller may be nttalnlng 8 portion of these amounts) TO Insurance Compsnles tor $ eMit Lite 'Munm", (for term of contract) .... .............,. Credit Disability Insurance (for term of contract).............. $ [Term _Months (Eslimate)] S To Public Officials (I) lor license ($ 15.00 ), title (': 22 50 regISlration(S~)feesS~; (ii) lorliling fees $ Ii. CO (iii) for texes (not in Cash Price)S To lor To fCRD l'I.JI'OR CRED tor To L 6 rnrrn FCRO 'or 00; ffiE: To NIA lor NJ1\ Total...........................................,..,... S. Amount Financed (3 olus 4i-:::..... Prvpsymenl: If you pay 011 y(lu.debt earty,yoowill not have to pay a penally. Ute Pnymlmt: You must pay a late charge on ltle porti01l of each payment received more than 10 days lale. The charge is 2 percent ollhe late amount 01 $50.00 whichever is less. Sel;urltylmorel1: You are lllvlng a securily IntBrest in the vehicllt being purchased. Contrtlct: Please see Ihls contract.or ackllllOrtal inlormalion 01'1 oocurily interest. nonpayment delliu~. lhe right to require repaymllflt 01 yourdebf In lull belore the schiKIuleddate, and prepaymentpeoalty. ll~donolmeatyou'COnlraclollfgations.youfftllyloMlheVBhlclalhalyouarefir'lancingundltrthjscontr'el. as well asbol/l parts and goods pul on Ihe vehlcIe.,a money or goods reeeiYadlO.lhevehicle. nON.MODIACATION DISCLOSURE ANt changa in ~~~.?;; ~baln wrilW\g and $ignacl by YQl.I and too Creditor. BUYER: x~0/~____ Co-BUYER:)( SIGNS SIGNS YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF nlls CONTRACT. AmountOwlng . . . $ 10995.00 (1) NlA 1000.00 !VA l~/" ~/.\ tV.\ ), . . . . . . 747.20 ~.f&. Nt" 0:;.. 00 ~IA S Am ')n (4) S lN7~ ')n (S) Total Sale Price Thatotaleosl oIyoorpurchaseon cracl~. indudingy<llJ' l2oWnP8ymenl 01$ JfJOO.OO When Payments ...... (monlhly starling) "1I\~r lt~ NonCE TO BUYER Do not sign this contract In blank. You are entitled to an exact cop.y of the contract you sign. Keep It to protect your legal rlgtits. Buyer (Sind Co-Buyer) acknowledge that (il before signing this contract, Buyer land Co-Buyer) received and reViewed 8 true and completely iIIOO In copy 01 this contract and (ii) at the time of sianing this contract. Buyer (and Co. Buyer) (ecelVi(J 8 true and completely fUfiClln copy of this contract. x (CO) PUYER SIGNS B~ allllnlnlll billow, thIt Seller lICCepta thI, contract. "nil other All _lgnmenlllltact!9dlothllconUllCl,th'WefllUl 1110 ~1:5~'1't1tUWltC By lII!Il'nllmldln'. . -- ,,' YOU ARE NOT REQUIRED TO OBTAIN CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE. THIS CONTRACT WILL NOT INCLUDE THEM UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. THIS CONTRACT DOES NOT INCLUDE LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. OCtedit Life Insurer 'plr~um Insured(s) Signature eredil o Disability Insurer $ PlI:!lmm Insured Slgna.ture o Other Optional Insurance Term $ Insurer Pfe~ 05 ::;1 nature fo~1:., ule~n~ f~~~O:r:rI~~,,:~,::.ri' :~~ eoverllgeaare ahown In a notk:e orllgll!llmeni given to ~ou today. You muat Insure the vehicle.. II a charglJ la IIhown below, the Creditor will try to buy the ~ cnecbd tor tile 1erm shown. &~~t\~ ~~lftl':e b:n:a:,nb~ n~~:~~~ Ihltllmlnotlhopollev. o Comprehensive 0 $~OeduClible COllision o File- Thell-Gomblned Addjlional Coverage o TowinganclLabo. (] Tarm PremiUm $ Montl't$(Estimale) NIA o Debt CancellBllon WlIlver Addllndum (Optlonall 11 Ihls box is <;heckB'd YOUllaya p.m;has9d a debt cancalIaIion waWer. f'u0cllase 01, lhis 00Yllfll!.IIt is optional aod is 110I req~i,ed to oblaillerBlil, ThelEmlS aodconditlonsollheclabtcancallatlon.._raresat IotIh\nlhflllllathedAl)OBnIIlllI1whichlsincOrporallld ~s~~:~~co~r=~~~~: otAmOlllll Financed unda. SectloM 4. '- Program No. QUESTIONS? . PLEASE CALL US AT 1-800-127-7000 o. Visit us at www.fordcred/t.com ...., ~CI1S3'/-slJul03 (__""'Y"._O " SEE: BACK FOR AoomoNAL AGREEMENTS ORIGINAL "'PRN'" Ford Motor Credit Company P,O. Box 3076 COLUMBIA, MD 21045-6076 (BOO) 677-0730 P023J300200034 JOHN T. OBRIEN 1423 TIMERBROOK DR MECHANICS BURG PA 17050 Date of Repossession 05-06-2005 Date of Notice Date of Contract 05-10-2005 12-15-2004 Account Number. 038298793 Buyer JOHN T. OBRIEN Cobuyer DESCRIPTION OF PROPERTY y~, [J N'" [!~ Used Mo'. 2000 FORD Vehicle Identification Number 2FMDA5346YBA31222 Model Body WINST WAGON NOTICE OF OUR PLAN TO SELL PROPERTY o We have your property described above because you broke promises In our agreement. o PUBLIC SALE: We will sell the property described above at public sale to the highest bidder on the date below (Of any adjournment date) The sale win be held as follows. Dat. of S,I. Time of S,I. PI". of S',. 3 -----~ PRIVATE SALE: We will sell the property described above at private sale sometime after 15 days from the Date of Notice shoWr. abO'Ie unless redeemed by you prior to such sale. The money that we get from the sale (after paying our costs, including reasonable attorney's fees and legal expenses if pennitted by law) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. See How To Get Your Property Back. for an itemization of amount owing. To leam the exact amount you must pay, call us at the telephone number above. If you need more infonnation about the sale call us at the telephone number above, or write us at the address above. If you want us to explain to you in writing hOw we have figured the amount that you owe us, you may call us at the telephone number above, or write us at the address above and request a wntten explanation. We are sending this notice to the following people who have an interest in the property described above or who owe money under I your agreement: 1) The buyer and any cobuyer named above; 2) Any dealer/onginal creditor named below; 3) If there are other . people, they are named on an attachment sent with this notice. I You may attend the sale and bring bidders if you want -l- ----r;iOTICE OF REPOSSESSION---- The property is presently stored at: ST~~l_TH R~~9VERY \ HARRISBURG PA HOW TO GET YOUR PROPERTY BACK To get your property back,payusthisamount by certified eheckor I money order before the vehicle Is sold. Unpaid Balance $ 10,835.66 I Plus Costs R'POE'''.''': 150.00 I Plus late Charges $$$ Less Finance Charge Rebate Less Insurance Premium Rebate I TOTAL $ \ I I 10,985,66 (Plus expenses incurred if default at the time of repossession exceeded 1$ days and less rebate rece\\led after the date 01 this notice.) Your property won't be sold until 15 days after the date of this notice at the EARLIEST, After that you can still get it back anytime before it's actually sold If you do, we'll have no further claim on it. But the longer YOll wait, the more costs (including repairs) you may have to pay If you have any questions about this, please call us. o Tile property has bOO'\ (or wm be) fetl.lfr.ed to. (deaier/Original creditor) Under our agreement with your dealer/original creditor, the dealer/original creditor is to sell the property and pay you any money left over. If you owe money after the sale, yw will pay it to t'ne dealerloriginal credrtor o PERSONAL PROPERTY Any personal property found in the vehicle may be reclaimed by you within the next 60 days or, in accordance with state law, by contacting this office, Thereafter, the personal plopelty shall be disposed of accordingly o Creditor has assigned to Its qualified intermediary (QI Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above. PAYMENTS: All payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the vel1icle's odometer is not accurate for any reason, please contact us so that we can accurately report tile vehicle's mileage JESSICA A. SNYDER INSURANCE RIGHTS: If you don't want to gel your property back, call the insurance company or the dealer/original creditor to make sure that any insurance has been cancelled. You have a right to get credit for all premium refunds. FFNA119B8-37 Jan02Previoused~ionsmayN(lTbeu.ed Prinled in U.S.A CUSTOMER/CUSTOMER FILE "" '. . ~ ,:'.:;-. ,....,.. ........... .~,I '. .~._..!.--~t~:::~t~;,~~..~:i:: :::. ":.' ....:. ~__.j:;~1M~. "-'.'<~; ... -~;''-' ,-,' ,.,:c.', Name arld AdcIAlSStU!on 38120 Amr\'lein Uvonla, MI 48150 C_~Of ilor servlce: Affix Stamp Here (ffiUued". =J lid U RetDrdedDellY1Jry(lmarnallooal) ~()/mdk1rt o COO 0 RegIlJleqd orJbrMidMlontJ OOellreryConI'lrll'lllIlon U RetwnRece/PlforM.rchand'iN copIe_oflll/sbi1l) [] &pr.n Mall [J SI9/lII1ure ConfirmatiOn Postmsrlf /J/1d 'I~.., - 1- .Q'!o"Ri~';UAd,,",Vo"1 ,""..To;;" S....r OC [~TRcnR ,";;-,~::::~~:.:- ~l~i -(-r i'- nriI ~ U0509/20517116 Hi I I I JJ-024024708 7005 0390 0005 50S. 95.3 7005 0390 0005 '50570293 -_. ~;~FJiS*~fl~"s~#4A --t-LI il " r- WAYNESBORO PA 17269 I I I I I I I ~I'" U0509/20517117 7005 0390 0005 505. 9570 -- JJ-027108569 I I / -/ " WILLIAM W. HARRINGTON SR c g'1.!! & ~~~~~~~JPA 17516 ,.'A""_ - -- -,,~-:aI''Z'I'L e- .,.lO 0'/ C lQ l: ti :J ':;~MA~j. '"'L,g/ ~ ~, ~ & -I-T -[:Sr- -~;-5 ~r~ I'. I (,) ~ I ~/ ~'I!:, -----r- - -ri'-/ r1tl-r---i I ..--_/I_____/Ijl [! I__~ I I . I Ii' : I ----1.-__.._______'--. . MAY 1 02005. Mlc:laNumbllr U0509120517112 BP-031379973 ANNETTE M, DIETER 17 CRAIGHEAD STREET PITTSBURGH PA 15211 UOS09/2(I517113 HA.0373301 B2 ANGELA M. WEBER , 2576 NEWBERRY AVE GREENBAY WI 54302 U0509I2OS17114 E HB'037091091 RAYMOND L STEELE PO BOX 102 DELTAOH 43515-0102 7005 0390 0005 5057 0309 --.---------. 7005 0390 0005 505. 9556 , TolalNwntMir;,,- Lisledb~Sender Totlll~rO;PI_ ReoeMd III Post Otlke I . /PosImaster. Per INMre oIreceMlI9 fJfflploye(f) Complete by Typewriter, Ink, or Ball Point Pen See Prfv:tey Act Statement on Reverse PS Form 3877, F 2002 (Page 1 of 2) Ford Motor Credit Company PO BOX 3076 COLUMBIA MD 21 045-6()76 6()0 6770730 DATE: 2005-06-15 P02BG100000059 JOHN T. OBRIEN 1423 TIMERBROOK DR MECHANICSBURG PA 17050 STATEMENT OF SALE Account Number: .Q.382987~ _ _ The following property has been sold. Year Make Model Vehicle Identification Number: 2000 FORD WINST 2FMDA5346YBA31222 Balance owing on your contract (1) $ J.QJl35.66 Deduct: Finance Charge Rebate (2) $ __--.iJJl~ Balance less Finance Charge Rebate (1 - 2) (3) $ _.___1Q.83566_ Deduct: gross proceeds of the sale (4) $ _ _7,6000.Q. Balance less gross proceeds of the sale (3 - 4) (5) $ ~3566 Add: Expenses of retaking and storing. and any attorneys' fees allowed by law, and expenses of reconditioning and selling. (6) $ ~4200 Other: (7) $ __ 000 (8) $_ _ 000 Deduct: Insurance Premium Rebate (9) $ _ _ 3577.66 Deficiency" Surplus. The SurplusJDeflclency will change based on monies received by us (credits) or additional allowed expenses & interest added to your account (debits)._._ _'_'__ __ _____ _ ___ __ Surplus. or Deficiency** (10) $~_.----t-J/~ i< If the sale resulted In a surplus, a refund for the difference will be mailed to you. ** If the sale resulted in a deficiency, you should immediately remit the amount shown on line 9 to the address for payments shown below. For additional information call or write: Ford Motor Credit Company P.O. BOX 6508 MESA ARIZONA 85216-6508 (800) 732-2264 Mail deficiency payment to: Ford Motor Credit Company DEPT 194101 P.O. BOX 55000 DETROIT MI 48255-1941 I"I"N"'~~9ga G~IG'" PrENiollS ec\it\ons may NO, be used (.) ~ ~~0 V't I) ~ E- -L - - -.:l ..(J cv l.!l ~ ( ~. ~ r'~ G ( c.' .. {".," (... ~-_._-~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-05607 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS OBRIEN JOHN T WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OBRIEN JOHN T the DEFENDANT , at 1953:00 HOURS, on the 15th day of November, 2005 at 1423 TIMBER BROOK DRIVE MECHANICSBURG, PA 17050 by handing to JOHN T OBRIEN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 24.96 .00 10.00 .00 52.96 ~:f"? ./~ /h . ?F ~~-,'!"....~u,-:;.;<t':r.e~ ,-r, ~ G.F' . . ;(.'.:.~ "'I R, Thomas Kline 11/16/2005 MAURICE & NEEDLEMAN Sworn and Subscribed to before By: ~~ I/7 ' - Deputy Sheriff me this ..I.:.! "",( day of Th A.D. " . Maurice & Needleman, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 FORD MOTOR CREDIT COMPANY Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CASE NO. 05-5607 JOHN T OBRIEN Defendant( s) WORKOUT AGREEMENT FOR PAYMENT AND STIPULATION FOR JUDGMENT THIS AGREEMENT is made between FORD MOTOR CREDIT COMPANY c/o Maurice & Needleman, P.c. 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 191m, hereinafter called the "Plaintiff' and JOHN T OBRIEN of 1423 TIMERBROOK DR, MECHANICSBURG. P A 17050, hereinafter collectively called the "Defendant" WHEREFORE: 1. The Defendant acknowledges having executed to the Plaintiff a Retail Installment Contract ("Note") under the terms of which Defendant promised to make certain payments of principal and interest to the Plaintiff according to a schedule more specifically set forth in the terms of the Note. 2. The Defendant acknowledges having failed to pay interest and principal as required by the terms of the Note and is in default of the Note. 3. The Defendant acknowledges that there is immediately due and owing from him to the Plaintiff under the Note $3941.23, consisting of principal, interest, and attorney's fees , . " (hereinafter the "Amount Due") and the Defendant acknowledges having no set-off, credit. or claim against the Amount Due. 4. The Defendant desires to satisfy the Amount Due and therefore makes the above representations to induce the Plaintiff to enter into the within agreement for the payment of the Amount Due. 5. NOW THEREFORE: For good and valuable consideration described below, the parties agree as follows: a. The Defendant shall make payments of$125.00 a MONTH due 12/15/2005 and on the same day of each month thereafter until it is paid in full. b. Interest shall continue to accrue at the rate of 6.0% c. All other terms of the Note, unless otherwise set forth herein will remain unchanged. d. All payments under this Agreement will be made by check payable to "Maurice & Needleman, P.c. FMC Attorney Trust Account" at 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103, Please reference the file number 1449 on all payments. 6. During the term of this Agreement, the Plaintiff will forebear from exercising its rights it may have for the collection of the Amount Due. nor file this Stipulated Judgment in this matter provided the Defendant is not in default of any of the terms or conditions ofthis Agreement and makes all payments timely. 7. The Defendant will deliver to the Plaintiff, with a signed copy of this Agreement, 2 answers to the "Questionnaire" simultaneously supplied to the Defendant with this Agreement. 8. EVENTS OF DEFAULT. The following shall constitute an Event of Default under this Agreement: a. The Defendant fails to pay, when due and payable, any scheduled payment as set forth in paragraph 5 a. above, and such scheduled payment remains unpaid for more than ten (10) days b. The Defendant fails to return the Questionnaire. 9. PLAINTIFF'S REMEDIES UPON DEFENDANTS' DEFAULT. In the event Defendant fails to cure any default after Notice thereof as described in above. Plaintiff will be permitted to file this Stipulated Judgment and enter judgment in the amount of $3941.23, less any payments already made, as well as all interest that has accrued as ofthe date ofthis Stipulation, at the contract rate plus reasonable attorneys fees, costs and expenses incurred by the Plaintiff in an effort to enforce this Stipulation, and Plaintiff will be permitted to commence execution proceedings forthwith upon the entry of Judgment. 10. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under the above Note, unless otherwise set forth herein. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under any other document which is not named herein. 11. The Defendant acknowledges that as of the date ofthis Agreement he has no claim, whether known or unknown. against the Plaintiff AND HEREBY WAIVES AND GIVES UP ANY AND ALL CLAIMS HE MAY HAVE AGAINST THE PLAINTIFF AS OF THE DATE OF THIS 3 . ' AGREEMENT, WHETHER KNOWN OR UNKNOWN. 12. THE UNDERSIGNEDACKNOWLEDGES HAVING READ THIS AGREEMENT, UNDERSTANDS IT. AGREES TO ITS TERMS AND HAS RECEIVED A COPY OF IT, WITHOUT CHARGE. Dated:l-l{c?0 OHN T OBRIEN Defendant By: Dated: , Itofoh Tho s . Do inczyk, Esq. Attorney fo ord Motor Credit Company 4 '--'- !-.., --'il .j (,-.-j c, , ' . . MAURICE & NEEDLEMAN, P,C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R Dominczyk, Esq. Identification No, 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7154 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v, CASE NO. 05-5607 JOHN T OBRIEN Defendant( s) PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION TO THE PROTHONOTARY: Pursuant to the attached Workout Agreement an Stipulation for Judgment, kindly enter Judgment in favor of Plaintiff, and against Defendant, JOHN T OBRIEN for breach of Stipulation in the amount as follows: Principal Amount Interest to Date Costs Attorneys Fees $ 3587.42 $ 266.31 $ 0.00 $ 0.00 TOTAL $ 3853.73 EDLEMAN, P,C. BY: THOMAS R. DOMINCZYK, ESQ, Attorney for Plaintiff . , MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No, 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7154 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v, CASE NO. 05-5607 JOHN T OBRIEN Defendant( s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY SS, COUNTY OF SOMERSET THOMAS R. DOMINCZYK, ESQUIRE, being duly sworn according to law, deposes and says that she represents the Plaintiff in the above entitled case and that Defendant, JOHN T OBRIEN, is over 18 years of age; the occupation of Defendant is unknown and to the best of Plaintiffs knowledge, information and belief, Defendant is not in the military service of the United States, nor any State of Territory thereof or its Allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, B , TOMAS . DOMINCZYK, ESQ. Attorney for laintiff Suile 935,One Penn Center 1617 Jobn f. Kenlltdy Ilvd. Phlladolphla,PA 19103 t,I.21S:66l,1133 ',,7Il.l63.8970 www.mnlawp(.{om Donilld5.Maurlce MemberNJIGr loardCertlfled Ctedllors'llgbtsLaw American Board of Cerllliccilion JoannNeedlemon MemberPA&NJlar Thoniasl.Dominczyk MemberNJ&PAlor Sandra 1 Silllon-Simanski Mimblr NJ& NY Bar New JeneyOffict MAURICE. HEEDLtMAM, p.c 250 Roule 28 Wesl Sulle203 Brldglwoter,NJOB807 181.90U75.0220 ',,908.l7l.0632 ~o~u March 9, 2006 Our File No. 1449 JOHN T OBRIEN 1423 TJM:ERBROOK DR MECHANICSBURG, P A 17050 RE: FORD MOTOR CREDIT COMPANY Workout Agreement of November 2005 Past Due Date: February 15,2006 Amount Due: $125.00 Reminder: additional $125.00 due 03/15/2006 Dear MR OBRIEN: You are in default of the Workout Agreement in the above matter by failing to make timely payments on the date(s) noted above. Pursuant to the Terms of the Workout Agreement, you have ten (10) days from the date ofthis letter to cure said default by paying the "Amount Due" as shown above. If you fail to cure this default, this office will file this Workout Agreement with the Court and FORD MOTOR CREDIT COMPANY will be entitled to judgment for all amounts as specified in the Workout Agreement. If payment has been made or you intend to make a payment, please advise this office immediately so that we may update our records accordingly, Please call our office at 908-575-0220 ex, 21 and ask for Kim Crosby should you have any further questions. Thank you for your prompt attention to this matter, CZYK, ESQ. Enc THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS FIRM IS A DEBT COLLECTOR . ' Maurice & Needleman, P.C. BY: Joann Needleman, Esq. Identification No, 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia. PA 19103 215 789-7151 FORD MOTOR CREDIT COMPANY Plaintiff (") F ;:r: '" c:::.> () ..,., "T', ~.- ~ N c..l j~,\= -,..,r,-: - i:-- c..) _.. CUMBERLAND COUNTY COURT O"F COMMON PLEAS .J . .':J --< "-J v, CASE NO. 05-5607 JOHN T OBRIEN Defendant s WORKOUT AGREEMENT FOR PAYMENT AND STIPULATION FOR JUDGMENT THIS AGREEMENT is made between FORD MOTOR CREDIT COMPANY c/o Maurice & Needleman, P.C. 1617 John F, Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103, hereinafter called the "Plaintiff' and JOHN T OBRIEN of 1423 TIMERBROOK DR, MECHANICSBVRG, P A 17050, hereinafter collectively called the "Defendant" WHEREFORE: 1. The Defendant acknowledges having executed to the Plaintiff a Retail Installment Contract ("Note") under the terms of which Defendant promised to make certain payments of principal and interest to the Plaintiff according to a schedule more specifically set forth in the tenns of the Note. 2. The Defendant acknowledges having failed to pay interest and principal as required by the terms of the Note and is in default of the Note. 3. The Defendant acknowledges that there is immediately due and owing from him to the Plaintiff under the Note $3941.23, consisting of principal, interest, and attorney's fees . . (hereinafter the "Amount Due") and the Defendant acknowledges having no set-off, credit, or claim against the Amount Due, 4. The Defendant desires to satisfy the Amount Due and therefore makes the above representations to induce the Plaintiff to enter into the within agreement for the payment of the Amount Due. 5. NOW THEREFORE: For good and valuable consideration described below, the parties agree as follows; a. The Defendant shall make payments of$12S.00 a MONTH due 12/15/2005 and on the same day of each month thereafter until it is paid in full, b. Interest shall continue to accrue at the rate of 6.0% c. All other terms of the Note, unless othenvise set forth herein will remain unchanged. d. All payments under this Agreement will be made by check payable to "Maurice & Needleman, p,c. FMC Attorney Trust Account" at 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103. Please reference the file number 1449 on all pavments. 6, During the term of this Agreement, the Plaintiff will forebear from exercising its rights it may have for the collection of the Amount Due, nor file this Stipulated Judgment in this matter provided the Defendant is not in default of any of the terms or conditions of this Agreement and makes all payments timely. 7. The Defendant will deliver to the Plaintiff, with a signed copy of this Agreement, 2 . . answers to the "Questionnaire" simultaneously supplied to the Defendant with this Agreement. 8. EVENTS OF DEF AUL T. The following shall constitute an Event ofDefault wder this Agreement: a. The Defendant fails to pay, when due and payable, any scheduled payment as set forth in paragraph 5 a, above, and such scheduled payment remains unpaid for more than ten (1 0) days b. The Defendant fails to return the Questionnaire. 9, PLAINTIFF'S REMEDIES UPON DEFENDANTS' DEFAULT. In the event Defendant fails to cure any default after Notice thereof as described in above, Plaintiff will be permitted to file this Stipulated Judgment and enter judgment in the amowt of $3941.23, less any payments already made, as well as all interest that has accrued as of the date of this Stipulation, at the contract rate plus reasonable attorneys fees, costs and expenses incurred by the Plaintiff in an effort to enforce this Stipulation, and Plaintiff will be permitted to commence execution proceedings forthwith upon the entry ofJudgment. 10. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under the above Note, wiess otherwise set forth herein. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under any other docwnent which is not named herein, II. The Defendant acknowledges that as of the date of this Agreement he has no claim, whether known or unknown, against the Plaintiff AND HEREBY W AlVES AND GIVES UP ANY AND ALL CLAIMS HE MAY HAVE AGAINST THE PLAINTIFF AS OF THE DATE OF THIS 3 . ' AGREEMENT, WHETHER KNOWN OR UNKNOWN. 12, TIIE UNDERSIGNEDACKNOWLEDGES HA VlNG READ TIDS AGREEMENT, UNDERSTANDS IT, AGREES TO ITS TERMS AND HAS RECEIVED A COPY OF IT, WITHOUT CHARGE. Dated/-/lo0 By: Tho s . Attorney fo o inczyk, Esq. ord Motor Credit Company Dated: 1/ ta(06 4 . , MAURICE & NEEDLEMAN, P,C, BY: Joann Needleman, Esq. Identification No. 74276 Thomas R Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7154 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CASE NO. 05-5607 JOHN T OBRIEN Defendant( s) AFFIDA VII OF MAIL SERVICE STATE OF NEW JERSEY SS. COUNTY OF SOMERSET THOMAS R DOMINCZYK, ESQUIRE. being duly sworn according to law, deposes and says that he/she is an attorney at law and that on (date of notice of default of workout agreement) he/she mailed a written Notice of Default pursuant to Workout Agreement and Stipulation for Judgment to Defendant, JOHN T OBRIEN, at 1423 TIMERBROOK DR, MECHANICSBURG, PA 17050, Copies of the Workout Agreement and Notice of Default are attached hereto. LEMAN, P.e. , DOMINCZYK, ESQ, laintiff SWORN TO ~UBSCRlBED .lJef~re me thi~ (0 m ,200 l )KY~B lyf~ A NOiARY PUBLIC OF NEW JERSEr My COmmission Expires 11/01/2009 t (") ~ N ~ :-C 1:- C> n ,.., 0 c~ r; c-~ -11 D o~ .-1 .. c.. ::r:-n ~ c~ r11i":. ~ - ~ I :>J,\:'-; ~ C- o::> ~"~" c<.. , ~ "';) '" ~ -,,', E: '(~\~ .,0 6' -~.~ ' -- ~\-':I &J J? (: "'-2 "',,. .... --f:- 2: '~ ~ :<! w '-" f'V . . . , MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7154 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CASE NO. 05-5607 JOHN T OBRIEN Defendant( s) ( ) Notice is hereby given that a judgment in the above-captioned matter has been entered agai,st you in the amount of$ (amount due on workout agreement) on,-lu)P .P, ~D::J" ( ) A copy of all documents filed with the Prothonotary in support of the witlrin jwlgmmt i. ~"'.ro. f2~ by: If you have any questions regarding this matter, please contact the filing party: Name: THOMAS R. DOMINCZYK, Esquire Address: Suite 935, One Penn Center at Suburban Station 1617 J.F.K. Boulevard Philadelphia, PA 19103 Telephone No.: 215-789-7154 (This Notice is given in accordance with Pa.RC.P, 9236)