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HomeMy WebLinkAbout05-5661ARBITRATION 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 Attorneys for Plaintiff /6V-I IDI FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, AZ 85216-6508 Plaintiff, JERRY L SHIELDS 27 Cleversburg Rd Shippensburg, Pa 17257 TAMMY Y SHIELDS 27 Cleversburg Rd Shippensburg, Pa 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. CjS - SLLI C10 Defendant(s). 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 ford, against you. You are warned that if you fail to do so the case may proceed without you and a judgrrivnt 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. CIVIL ACTIUN CUMPLAIIN'I AVISO LLEVE ESTA DEMANDA A ON ABOGADOIMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D/NERO SUPICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Le ban demandado a usted en ha torte. Si usted quiere defenderse de ears dernsumbs expuestas en has paginas siguientes, usted tiene venue (20) dial de plaza ah par it de la better de ha demands y ha notification. Hate falm asemar una comparencia escrita o an persona o eon on abogado y enn'egar a la cone an forma estrum sus defenses o sus objeciones a has dentandas an contra de, so persona. Sea ava do que si usted no se defiende, ha torte tomara medidas y puede conlinuar Is demands, an contra suya sin previo aviso o notificacion..Ademas, Is torte puede decldir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede pander dinero o sus propiedades u otros derechos importantes pars, usted. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 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 P.O. Box 6508 Mesa, AZ 85216-6508 Plaintiff, V. JERRY L SHIELDS 27 Cleversburg Rd Shippensburg, Pa 17257 TAMMY Y SHIELDS 27 Cleversburg Rd Shippensburg, Pa 17257 Defendant(s). ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. O$$ - at U" 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, Jerry L Shields, is an individual who resides at 27 Cleversburg Rd Shippensburg, Pa 17257. 3. Defendant, Tammy Y Shields, is an individual who resides at 27 Cleversburg Rd Shippensburg, Pa 17257. 4. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 5. On or about 3(3112004, 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 $22,253.86 at an annual percentage rate of 11.50%, in order to purchase a certain motor vehicle, 2004 Ford Escape more particularly described in the Contract (hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as Exhibit A. 6. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $431.33 for a period of 72 months until the loan was paid in full all as is more fully set forth in the Contract. 7. Defendant(s) made monthly payments until 2/21/2005, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 8. 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. 9. 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 $14,500.00. 10. After providing the aforesaid credit, a balance of $8,601.41 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. 11. Pursuant to the terms of the 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 Plaintiff for the balance of $8,311.58. 12. In addition to the foregoing, there is interest due and owing on the deficiency balance which at this time amounts to $513.27 and which will continue to accrue. 13. The total amount due and owing at the time of the filing of this complaint is $8,824.85. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $8,824.85, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. 7Re ully submitted, I &NEEDLEMAN, P.C. THOMAS R. OMINCZYK, ESQUIRE Attorney for Plaintiff VERIFICATION 1, 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. §4904 relating to unsworn falsification to authorities. BY JIRE '0? /? DATED:07 -) IMI! YLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 03131/2004 au JE am CoAUyer Name are Action (lma I Gounry antl ZIP Cow) Y L SHI?LOS cREmTOR (Bale, Nelw and Admsea) JJAits 27 TAMMY Y SHIELDS CLEVERSBURG RD 27 CLEVERSBURG RD PARSONS INTERSTATE FORD LLC SH PPENSBURG PA 17257 SHIPPENSBURG PA 17257 196 WALNUT BOTTOM RD CU ERLAND CUMBERLAND SHIPPENSBURG, PA 17257 n'PR 1 u 2004 You, Buyx Paa crveuyx,It sill may 11 me IMww become pebw M ou or on which me'mM Frlq'eMe. W. 1. two uN Proa or. will Tx 'Yawl Ill PXw'shown blew h IM crsWl pPw. BY rlanwa mN wnb.q, yea Mwuro s,ry m meMt anon me sammsMS en IM sail) em smx q IMe wIKrM Nwl ae0 Year am Make Mmel GVW it Track Sur, vMew lamlfiwEOn Nmrber use For WNcb Pawmal 2004 ?7(Pe,.ew ?Askullurto NE FORD ESCAPE IFMYU92164KB38102 G Conshowsl INSURANCE Traw 97 nnnGF DAIRT4 s 14211 An It ;447 13 Year all Ache G. Nlow?Ke Amour Dem, YOU MAY OBTAIN VEHICLE INSURANCE ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE. 1. C an Prim ........................................................................... . $ 21128 all . . YOU ARE NOT REQUIRED TO OBTAIN . . . CREDIT LIFE, CREDIT DISABILITY AND 2 win Payment OTHER OPTIONAL INSURANCE. THIS T rd Parry Rebete Assigned to Creditor..._ ........................ $ 2000.00 CONTRACT WILL NOT INCLUDE THEM on Down Payment .................... ......._................ _._.......... ... $ 500.00 UNLESS YOU SIGN AND AGREE TO PAY 7 clot 97 DOUG $ 3420.00 $ 5447.33 $ 0.00 THE PREMIUM. YwM Wx a-Rlanm Mani Awry ., obi Down Payment .......................................................... _........ S 2500,13R2) THIS CONTRACT DOES NOT INCLUDE 3. U mid Balance of Cash Price (l minus 2) 2) ...................... .._.......... S 1882AR3) LIABILITY INSURANCE COVERAGE FOR d. A ants W b on your behall (Seller may be rebining a portion of these amounts) BODILY INJURY AND PROPERTY T Insurance Companies for for DAMAGE CAUSED TO OTHERS. R/A Credit Liffir insurance (tor tam of contract) ........................ f of co Credit Disability Insurance (for Who of centred) .............. $ [Term-onMs(Estimate)] N/A T Public Officials I) for license ($ A An title ($__22 SD ), 8 ? Credit LMe egislration'($ 2(1-Oy fees $ N/A; Insurer ii) for filing fees $ S On ; $ N/A iE) for hexes MW In Cash Pam) It 9C4 ;1 $ 1I Premium Insured(B) 7 GAP UICF for = vv r,AP $ 390.00 T for $ N/A Signature T for $ N/A To 551 BANK for NEGATIVE FOUITY $ 20273 3 Credit tal ...................... ......... ................ ............... .................... ......... _....... S 3429, 394) ? Disability S. A ount Financed (3 Plus 4) ...................... ...... $ 2 (S Insurer FEDERAL TRUTH-IN-LENDING DISCLOSURES Premium Insured A NUAL FINANCE A PER ENTAGE CHARGE mount Financed Total of P t Total Sale P i Signature ATE The donor Bmwm The are q aeon Provided m aymen s The amewn you will have r ce The tow cwt uh your Purchase on The Paso .'of year a yearty raw the cod) will wet you you or on your mid when you [reap, ? bebell have Made e all all yw1 c Clher Optional Insurance Term cover Payments ofs $ N/A 11.5 % $ 8901.90 S 22253.86 g 31OS5. J 3355 Insurer Premium Number of Amount of Each When Payments S h d Ina ure Y j c e ule ? )PaymemS '171,33 are dm . I ' 7 CrMN Life and Credit mwdlix Inaumnw she th l r m f h our nell sc hedd e 2 RF?f R? (m ? e aw o or e contract T e amount and 0b $ N/A 1 fin l ",/ ? VV 4 I wmgw au shown Ina .atim er uses l p a iton ro you owl'. If You mY oil "or door early, you will not have to pay a mmlry. L You must my a late Merge on the Portion of eau myment meateed more late. The Marge la 2 pamant of Me late amount or $50.00 whlMawr Is lass. reel You em giving a security interest In the veranda being purchased, ease see this contract for additional Information on security Interest, nonpaym pht to require remymanl of your debt in list belore the scheduled date. and 301 your Cvn,azt oblwallana, you may hive the elude the oxm red Dome rem,., n.. r.hke corm - n, nn,.,. NON-MODIFICATION DISCLOSU Any Ma Be in Into sontrnct mum be mm war, antl signed by wu and l e co3br. BUYER: GPBUYER:' J ` 1 SIGNS SIGNS YOU (NO LEDGE THAT YOU HAVE HEAD AND AGREE TO BE BOUND BY E ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CON ACT. NOTICE TO BUYER Don 1 sign this contract in blank. You re entitled to an exact copy of the contract you sign. Kee it to protect your legal rights. Buy con (and Co-Buyer) acknowledge that (i) before sinning this act, Buyer ((and Co-Buyer) received ar rev ew a true an ompieterly illled in copy of this contract and (ii) at the time f signing this contract, Buyer and Co-Buyer) received a tru and completely filled in copy this contract. .l 4 E C .1. are Ill ng below, the"ar ecc omi this a after I at r Aa11gn wmBa Ina Bepenle salon at efreehea to rule coq in. "We F CrydjAp/fA1?Np//ytry. PARSONS 1NTERST TE F9? TMN ^-?? ""`Y, nA ea'q,0nw pn.iei..aarmq ee,neel SEE BACK MR ADDI MPIAL AGREEMENTS You must Insane me vshids. II a Marys Is aoysim below the coulter will by to buy De owmlwe oilmka0 for me term sown. Cowuggee will be Bse eon tho cosh value of ms vMlcb at time q bee, sal not more man the limits of me policy. O Co niuma reeve ? $ N/A Oser R,. i3odwon ? File- ThaXgamslnaa Promoter Cinsual ? Towing em Labor O Tam Montle (Eallmets) Premium $ NIA ?(Lbl cmcenrlen Waiver AdMnaum (Omomil) a Mh WX le mad ad you now pud,Iwe t a Pere .11.1yan wows, Purthem Pit MB m+B?Bpf Ill op4dW and i0 ml r"I la Pass chi TAB tents BM wwidnone 0 IM dare cwM:611.11m wa ere am set rush M M,.W Journal which 1, recorcharreal Use nth cmlmot The Pont Ira the ded mcaww ever u sal hire aw Me amvM in Me non n of Amounl Fro 1 usher Seoul 4. Buy ]h1 Program No. QUESTIONS? IF PLEASE CALL US AT 1-000-727.7000 or Visit us at www.fordcmdit.com III ORIGINAL Ford Motor Credit Company PO BOX 3076 COLUMBIA MD 210456076 8006770730 DATE: 2005-02-24 P01LWF00000064 JERRY L. SHIELDS 27 CLEVERSBURG RD SHIPPENSBURG PA 17257 TAMMY Y. SHIELDS 27CLEVERSBURG RD SHIPPENSBURG PA 17257 STATEMENT OF SALE Account Number: 036793884 . The following property has been sold. Year Make Model 2004 FORD ESCAPE Balance owing on your contract Deduct: Finance Charge Rebate Balance less Finance Charge Rebate (1 - 2) Deduct: gross proceeds of the sale Balance less gross proceeds of the sale (3 - 4) Add: Expenses of retaking and storing, and any attorneys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate Other: Deficiency** Vehicle Identification Number: 1FMYU92164KB38102 (2) $ 0.00 (4) $ 14 500.00 (6) $ _ 517.00 (7) $ _ -..0.00 (8) $ 0.00 (1) $ - 22,584.41 (3) $ - _ 22,584.41 (5) $ _8 084.41 (9) $ 8601.41 (10) $ N/A - -- - Surplus* The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest added to your account (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 call or write: Mail deficiency payment to: Ford Motor Credit Company Ford Motor Credit Company P.O. BOX 6508 DEPT 194101 MESA ARIZONA 85216-6508 P.O. BOX 55000 (800) 732-2264 DETROIT MI 48255-1941 FFNA11990 0104 Previous editions may NOT be used Ford Motor Credit Company PO BOX 3076 COLUMBIA MD 210456076 8006770730 DATE: 2005-02-24 P01LWF00000065 TAMMY Y. SHIELDS 27 CLEVERSBURG RD SHIPPENSBURG PA 17257 11?1111111??11111?1?111?1111??11?t1?1?llll????111111??1?111? JERRY L. SHIELDS 27 CLEVERSBURG RD SHIPPENSBURG PA 17257 STATEMENT OF SALE Account Number: 036793884 The following property has been sold. Year Make Model 2004 FORD ESCAPE Balance owing on your contract Deduct: Finance Charge Rebate Balance less Finance Charge Rebate (1 - 2) Deduct: gross proceeds of the sale Balance less gross proceeds of the sale (3 - 4) Add: Expenses of retaking and storing, and any attorneys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate Other: Deficiency** Vehicle Identification Number: 1FMYU92164KB38102 (1) $ 22,584.41 (2) $ 0.00 (4) $ 14,500.00 (6) $ 517.00 (7) $ 0.00 (8) $ 0.00 (3) $ __ 22 584.41 (5) $ _ _ 8,084.41 (9) $ _ 8601.41 Surplus* (10) $ N/A The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses 8 interest added to your account (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 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 FFNA11990 01/04 Previous editions may NOT be used. 5 .T V \ f, V 1 •' Nam,; erg Mlles a45en4ar Ch" "of mall or "NIM -._...•.` _._ _. IMh=p Hen ?OD ?Ioo NCatra,y (er14m4Urul1 W. m f(^^ I ? 1)0, Wnem4em P., O R nec s'a b Meraen4l Ew"•+. In.n es e anknd i of RecaOf f. MMJe Nim9er Y A.p®ae9eu{09•.9446 ?P(kAl F `NaMi 00121/20498926 7004 2510 0006 7184 5901 80029251597 i MADELINE RAMOS UO121/20499045 2. APT 601 IJ036516721 ORLANDO FL 32811 : ] ] KELLY SMITH 1554 W WOOD ST 00121/20499041 7004 2510 00106 718 45918 COAL TWP PA 17866 - P-027726464 LYNN M. SPEIGHT - _ n a 4011 A NIGHT HERON CT O U 123/20499046 WALDORF MD 20603 36793884 4. -- , - -- AMMY Y. SHIELDS - -"' ---- - - 27 CLEVERSBURO RD U0121120499042 7004 2510 ?006 7184 5925 SHIPPENSBURG PA 17257 P-031163205 5. CONTESSA L LEGGETT - 00121/20498786 3914 MARIPOSA PLACE BA021709716 ALEXANDRIA VA 22309 SCO77 KIBLER 7004 6 461 PO BOX EFFORT VILLAGE . 0012120999043 EFFORT PA 18330 7004 2510 0006 7184 5932 I JANET CON JANET COI4RAD - 3410ORCHARDDR - MCI4:ESPORT PA 15137 i L_ -f - U012inN99044 7004 2510 0006 .- --- -- - -- 7184 5949 8. BPO32372945 ROSCOEM. VALENTINE 367 LAMBERT FOOTDALE RD MCCLELLANDTOWNPA15456 TOWN~ &P"- roar N, al Pbw. PmEn-.----- '--..- -- -- / A. -2. z --as 4 2510 0006 7184 iii 7004 2510 0006 7184 5963 0006 7184 L41b aeNe,Px (X4/24 aree.My 4mpYryw) _..-_--._--_i__.___J-.J _ Cy 9siEw ? PMyAae 4l POy pllln See Privacy Act Statement on Reveme Z, I I .i3 75 a , 2002 (PP I.I2) ComPlata by TYpa rftmr, Ink or 8611 Poon P. kw t< Name and Ad4ass of 3maer Check maN weervlye: Ama Slimy Men CeNAM ae+av lea^^anPnN w'C°dnwte /?/?\ O 11 o-W Q fi-'w E ? Raosisee ? RNUnRecYMbMerdwMr p,? ub.pyyyp ?WYa bw Z- ' Q S Lam! \ ?-?X/ r 1 0 aynxmd ? 6giaMe COnNmetlon Po#ma*F L MaOag Oeh dRBn NEW Hunter _ PeSVOee N+wmR may 9elaa 3P (2N F _ He mn. A Avmw IauM I CMVge eRyRSM VaLS MLOO F» Fw Fx Fx Fw 00122031620 95 aem2o316z6 7004 2510 0006 7184 6069 u0121n0498eoo I ROY.. CCHARDDR JJ036663197 7004 2510 0006 7184 6113 JAMES 0. GALLO II MCKEE,SPORT PA 15111 71 WEST MAIN ST U012120498796 NBWVILLE PA 17241 BP032372945 7004 2510 0006 7184 607(, Pv 121noa99801 CURTIS W. ROSS 3679389a 7004 2510 0006 7184 6120 228 MOUNTAIN ROAD 4. UMONTOWNPA 15401---- - JERRY L. SHIELDS 27 CLEVERSBURG RD - SHIPPENSBURG PA 17257 p U012120498797 71104 2510 0006 7184 6083 U0121/20499088 m m 5. JT033727192 C el O CC TOBIAS CHADWICK T?9943209JIU6 7004'2510 0006 7184 6137 24 S WEST END AVE LANCASTER PA 17603 800 B HWY NORTH G E . 0 . . 6. EDGERTON M064444 ON-IA - r = r Ir U012120498798 -?` JE034418131 7004 2510 0006 7184 6090 _ BONNIE S. JENKINS I 1? ::- V Z 3410 FRANCIS ST APT 3 0 N ERIE PA 16510 C _ I I 01 A 8' 0012120498799 7004 2510 0006 7184 6106 H 17036516721 1334 W WOOD ST f-414- COALTWP PA 17866 ?^neh Sekar? PxeFnEM Pal dlka rywnnwr,Px (Nened,xaAdq amykMa) - --- _, ?.1 See PMVa.y AW Statement on Rawme PSF 3a r• a a ,1-k, w can romt ran "'PRN"' Ford Motor Credit Company P.O. Box 3076 COLUMBIA, MD2104"076 (600)677-0730 JERRYL. SHIELDS 27 CLEVERSBURG RD SHIPPENSBURG, PA 17257 Date of Repossession 01-20-2005 Date of Notice 01-22-2005 Date of Contract 0331-2004 Account Number. 0367938 84 Buyer JERRYL SHIELDS Cobuyev TAMMYY. SHIELDS DESCRIPTION OF PROPERTY Year Make 2004 FORD 0 New ? Used Vehicle Identification Number: IFMYU92164KB38102 Model ESCAPE Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY have your property described above because you broke promises in our agreement. PRIVATE SALE: We will sell the property described above at ? private sale sometime after 15 days from the Date of Notice shown above unless redeemed by you prior to such sale. PUBLIC SALE: We will $61 the property described above at public sale to the highest bidder on the date below for my adjournment date). The sale will be held as foil.; Date of Sale Time of Sale Plato of sate You may attend the sale and Bing bidders if You want NOTICE OF REPOSSESSION money that we get from the sale (after paying our costs, luding reasonable attorney's fees and legal expenses if mitted by law) will reduce the amount you owe. If we get s money than you owe, you will still owe us the difference. If get more money than you owe, you will get the extra money, ass we must pay it to someone else. can get the property back at any time before we, sell it by ig us the full amount you owe (not just the past due tents), including our expenses. See How To Get Your any Back for an itemization of amount owing. To learn the t amount you must pay, call us at the telephone number need more information about the sale call us at the Dne number above, or write us at the address above. 3u want us to explain to you in writing how we have figured amount that you owe us, you may Gall us at the telephone tber above, or write us at the address above and request a ten explanation. are sending this notice to the following people who have an rest in the property described above or who owe money under r agreement: 1) The buyer and any cobuyer named above; my dealer/original creditor named below, 3) If there are other I ple, they are named on an attachment sent with this notice . The property is presently stored at STEALTH RECOVERY HARRISBURG PA HOW TO GET YOUR PROPERTY BACK To get your property back, pay us this amount by certified check or money order before the vehicle's sold. Unpaid Balance $ 22,557.31 Plus Costs: Repo Expenses $ 325.00 Plus Lets Charges $ 27.10 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 22,909.41 (Plus e»penses incurred if tlefault at the time of repossession exonded 15 days and less rebate received after the date of this ndiii Your property won't be sold until 15 days after the date of this notice at the EARLIEST. After that you can still get 0 back any time before it's actually said. If you do, well have no further claim on it But the longer you wait, the more costs (including repairs) you may have to pay. If you have any questions about this, please call us. The property has been (or will tea) resumed to: (dealer/original creditor) er our agreement with your deelerloriginal creditor , the dealmoriginal creditor is to sell the property and pay you any money left ow. If you owe money the sale, you will pay it to the dealer/original creditor. PERSONAL PROPERTY: Any personal property found in the vehicle may be reclaimed by you within the nest 60 days a, in accordance with state law. by contacting this once. Thereafter, the personal property shall be disposed of accordingly. Creditor has assigned to its qualified intermediary foil Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above All payments to us must be by certified check or money order. EAGE DISCLOSURE: If you are aware that the mileage reflected on the vehicles odometer is not accurate for any reason, please contact us so that" accurately report the vehicle's mileage. URANCE RIGHTS: If you don 't want to get your property back, call the insurance company or the dea morigin ll creditor to make sure that any insurance been cancelled. You have a night to get credit for all premium refunds. A M. PAPARAZZO ee-37Jan 02 Pravloue Wit- may NOT M used V SA CUSTOMEfLCUSTOMER FILE . "'PRN"' Fad Motor Credit Company P.O. Box 3076 COLUMBIA, MD 21045-6076 (600) 6n-0730 TAMMYY. SHIELDS 27 CLEVERSBURG RD SHIPPENSBURG, PA 17257 Deeof Raposaession 01-2x2005 Dale of Notice 01-22-2005 Date of Contract 0331-2004 1 Account Number. 03679386 4 Buyer JERRYL SHIELDS Colbuyer TAMMYY. SHIELDS DESCRIPTION OF PROPERTY Year Make 2069 FORD ?x New ? used Vehicle Identification Number: 1FMYU92164KB38102 Model ESCAPE Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY have your property described above because you broke promises in our agreement PRIVATE SALE: We will sell the property described abom at pdmle sale sometime after 15 days from the Data of Notice shown atom unless redeemed by you prior to such sale. ? PUBLIC SALE: We will sell the property described above at public sale to the highest bidder on the data below (a any adjmmment date). The sale will be held as fdlows: Data of Sale Time of Sale Place of Sale You may, adend the sale and bring bidders 0 you want. F__ NOTICE OF REPOSSESSION t money that we get from the sale (after paying our costs, uding reasonable attorney's fees and legal expenses if mitted by law) will reduce the amount you owe. If we get ( money than you owe, you will still owe us the difference. If get more money than you owe, you will get the extra money, ass we must pay it to someone else. can get the property back at any time before we sell it by 1g us the full amount you owe (not just the past due rents), including our expenses. See How To Get Your )arty Back for an itemization of amount owing. To learn the t amount you must pay, call us at the telephone number if ou need more information about the sale call us at the ter phone number above, or write us at the address above. If, ou want us to explain to you in writing how we have figured IN amount that you owe us, you may call us at the telephone nu ber above, or write us at the address above and request a wr ten explanation. W are sending this notice to the following people who have an int rest in the property described above or who owe money under a yo r agreement: 1) The buyer and any cobuyer named above; 2) ny dealer/original creditor named below; 3) If there are other ple, they are named on an attachment sent with this notice. The property is presently stored at; STEALTH RECOVERY HARRISBURG PA HOW TO GET YOUR PROPERTY BACK To get your property back, pay us this amount by cartifed check a money order before the vehicle is sold. Unpaid Balance $ 22557.31 Plus Costs: Repo Expenses $ 325.00 Plus Late Charges $ 27.10 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 22,909.41 (Plus expenses incurred if default at the time of repossession exceeded 15 days and less rebate received ahor the date of this nofce,) 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 any time before it's actually add. If you do, well hem no further clam on it But the longer you wait, the more costs (including repairs) you may ham to pay. If you ham any questions about this, please call us. The property has been (a will be) returned to: (dealer/original creditor) V our agreement with your dealer/original creditor, Me dealedoriginai creditor is to sell the property and pay you any money left omr. If you owe money the sale, you will pay tt to the desedodginal creditor. PERSONAL PROPERTY: Any personal property found in Me vehicle may be reclaimed by you within me rend 60 days or, in accordance with state law, by contacting this office. Thereafter, the personal property shall be disposed of accordingly. Creditor has assigned to its qualified intermediary (OI Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above All payments to us must be by tertifed check or money order. AGE DISCLOSURE: If you are aware that the mileage reflected w the vehicle's odometer is not accurate for any reason, please contact us so Met we rccurately report the vehicle's mileage. TRANCE RIGHTS: If You don't want to flat your property back, call the insurance company or the dealedoriginal creditor to make sure that any insurance roan cancelled. You ham a right to get credit for all premium refunds. A M. PAPARAZZO rases-w.r.nrepr.,:,ou. eeuom may nor u. mee. InV CUSTOMER/CUSTOMER FILE I $P. VI 'Y ?S cN1 c?i+ °n w ..q V? w q I OV) - n1A `= l? C .??Sl SHERIFF'S RETURN - REGULAR CASE NO: 2005-05661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS SHIELDS JERRY L ET AL MICHAEL BARRI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHIELDS JERRY L the DEFENDANT at 2019:00 HOURS, on the 18th day of November , 2005 at 27 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257 by handing to JERRY SHIELDS 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 18.00 Service 38.40 Affidavit .00 Surcharge 10.00 .00 66.40 Sworn and Subscribed to before me this !ar day of P othaf ry // So Answers: R. Thomas Kline 11/21/2005 MAURICE & NEEDLEMAN By. Deputy Sh iff SHERIFF'S RETURN - REGULAR CASE NO: 2005-05661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS SHIELDS JERRY L ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHIELDS TAMMY Y the DEFENDANT , at 2019:00 HOURS, on the 18th day of November , 2005 at 27 CLEVERSBURG ROAD SHIPPENSBURG, PA 17257 by handing to JERRY SHIELDS, HUSBAND 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ),,a day of fA}A JU6' A.D. rot 0 ary So Answers: R. Thomas Kline 11/21/2005 MAURICE & NEEDLEMAN BY: ??/ i Deputy ShEa5f i f 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 (LiJ) /ZSY-/I.i FORD MOTOR CREDIT COMPANY Plaintiff V. JERRY L SHIELDS AND TAMMY Y SHIELDS CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 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, Philadelphia, Pennsylvania 19103, hereinafter called the 'Plaintiff' and JERRY L SHIELDS and TAMMY Y SHIELDS of 27 CLEVERSBURG RD, SHIPPENSBURG, PA 17257, hereinafter collectively called the "Defendant" WHEREFORE: 1. The Defendant acknowledges having executed to the Plaintiff a Retail Installment Contract ("Note") under the terms of which Defendant promised to make certain payments of principal and interest to the Plaintiff according to a schedule more specifically set forth in the terms of the Note. 2. The Defendant acknowledges having failed to pay interest and principal as required by the terms of the Note and is in default of the Note. 3. The Defendant acknowledges that there is immediately due and owing from him to the Plaintiff under the Note $9229.86, 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. Plaintiff may enter judgment against Defendant for the amount due and the Defendant consents to the entry thereof b. The Defendant shall make payments of $100.00 due on 01/15/06, 02/15/06 and 03/15/06; defendant shall make payments of $300.00 a month due on 04/15/06 and on the same day of each month thereafter until it is paid in full. C. Interest shall continue to accrue at the rate of 6.000% d. All other terms of the Note, unless otherwise set forth herein will remain unchanged. e. All payments under this Agreement will be made by check payable to "Maurice & Needleman, P.C. FMC Attorney Trust Account" at 1617 John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. Please reference the file number 1006 on all payments. 6. During the term of this Agreement, the Plaintiff will forebear from enforcing its judgment for the collection of the Amount Due provided the Defendant is not in default of any of the 2 terms or conditions of this Agreement and makes all payments timely. 7. The Defendant will deliver to the Plaintiff, with a signed copy of this Agreement, answers to the "Questionnaire" simultaneously supplied to the Defendant with this Agreement. 8. EVENTS OF DEFAULT. The following shall constitute an Event of Default under this Agreement: a. The Defendant fails to pay, when due and payable, any scheduled payment as set forth in paragraph 5 b. above, and such scheduled payment remains unpaid for more than ten (10) days b. The Defendant fails to return the Questionnaire. 9. PLAINTIFF'S REMEDIES UPON DEFENDANTS' DEFAULT. In the event Defendant fails to cure any default after Notice thereof as described in above, Plaintiff will be permitted to commence execution proceedings forthwith. 10. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under the above Note, unless otherwise set forth herein. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under any other document which is not named herein. It. The Defendant acknowledges that as of the date of this Agreement he has no claim, whether known or unknown, against the Plaintiff AND HEREBY WAIVES AND GIVES UP ANY AND ALL CLAIMS HE MAY HAVE AGAINST THE PLAINTIFF AS OF THE DATE OF THIS AGREEMENT, WHETHER KNOWN OR UNKNOWN. 12. THE UNDERSIGNEDACKNOWLEDGES HAVING READ THIS AGREEMENT, 3 . UNDERSTANDS IT, AGREES TO ITS TERMS AND HAS RECEIVED A COPY OF IT, WITHOUT CHARGE. „t Dated: -AERRM L -ELDS Defendant r L? Dated: TAMMY 10 SHIELDS Dated: a /,, x-106 R.17on?czyk, Esq. for For Motor Credit Company 4 (l ? 11 _ ^' i l _ ?.? ? ?r 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 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff V. Case No. 05-5661 JERRY L SHIELDS TAMMY Y SHIELDS Defendant(s). PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the verification of the Plaintiff, Ford Motor Credit Company, for that of the verification previously filed. CUMBERLAND COUNTY COURT OF COMMON PLEAS Respectfully submitted, MAURICE & NEEDLEMAN, P.C. Attorney for Plaintiff ESQ Date: 2//5--/06 CERTIFICATE OF SERVICE I, Thomas Dominczyk, Esq. hereby certify that on this date I have caused a true and correct copy of the foregoing Praecipe to Substitute Verification on behalf of Ford Motor Credit Company, to be served by regular, first class mail, postage pre-paid upon: JERRY L SHIELDS 27 Cleversburg Rd Shippensburg, Pa 17257 TAMMY Y SHIELDS 27 Cleversburg Rd Shippensburg, Pa 17257 Respectfully Submitted, MAUI & NEEDLEMAN, P.C. BY: Attorney for Esquire DATED: VERIFICATION I, r ) 1 I T JdeA verify that I am the Authorized A Representative for Plaintiff, Ford Motor Credit Company, 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 unswom falsification to authorities. BY: DATE: NOV 0 4 2005 JERRY L SHIELDS Our file no. 1006 48063000000036793884 _ ;', ? _ , - - ' ? ;, , ?.?, ' ' _ : ? ? _ 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 V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: No answer having been filed in the above Civil Action, kindly enter Judgment in favor of Plaintiff, and against Defendant, JERRY L SHIELDS AND TAMMY Y. SHIELDS in the amount as follows: Principal Amount $ 8311.58 Interest to Date $ 858.94 Costs $ 137.90 Attorneys Fees $ 0.00 TOTAL $ 9308.42 MAUR EDLEMAN, P.C. BY: THOMAS OMINCZYK, ESQ. Attorney for Plaintiff Suite 935, One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 215.6651133 fax 215.563.8970 www.mnlawpc.mm Donald S. Maurice Member NJ Bar Board Certified Creditors' Rights Law American Board of Certification Joann Needleman Member PA & NJ Bar Thomas R. Dominczyk Member NJ & PA Bar December 14, 2005 VIA CERTIFIED & REGULAR MAIL JERRY L SHIELDS 27 CLEVERSBURG RD SHIPPENSBURG, PA 17257 Our File No. 1006 RE: FORD MOTOR CREDIT COMPANY v. JERRY L SHIELDS AND TAMMY Y SHIELDS CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 05-5661 Dear JERRY L SHIELDS: Enclosed please find a ten (10) day notice of default which is self- explanatory. This is being served upon you due to your failure to respond to Plaintiffs Complaint served upon you on 11/18/2005 . Unless an answer to Plaintiff s Complaint is filed with the Court within ten (10) days from the date of this notice, a default judgment may be entered against you. If you would like to discuss a resolution to this matter, please call our office at 908-575-0220 ex. 21. Thank you for your prompt attention to this matter. New Jersey Office MAURICE & NEEDLEMAN, P.C. 250 Route 28 West Suite 203 Bridgewater, NJ 08807 tel. 908.575.0220 fax 908.575.0632 Eric U.S . Post al Service. . CE RTIF IED MAIL ,., RE CEI PT (Do mestic M ail Only; No Ins urance Co ver age Provi ded) CO 171 ru -.o O O 0 THIS CORRESPONDENCE IS o DEBT, AND ANY INFORMAT U FOR THAT PURPOSE. THIS I o vl 0 0 M1 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 Attorneys for Plaintiff /Sy-/1:) 1 FORD MOTOR CREDIT COMPANY Plaintiff v. JERRY L SHIELDS AND TAMMY Y SHIELDS CUMBERLAND COUNTY COMMON PLEAS CASE NO. 05-5661 IMPORTANT NOTICE TO: JERRY L SHIELDS DATE: December 14, 2005 27 CLEVERSBURG RD SHIPPENSBURG, PA 17257 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER IN THIS CASE. UNLESS YOU TAKE ACTION WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR RIGHTS TO DEFEND AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 Attorney for Plaintiff Suite 935, One Penn Center 1617 John R Kennedy Blvd. Philadelphia, PA 19103 tel. 215.665.1133 fax 215.563.8970 www.mnlawpc.com Donald S. Maurice Member NJ Bar Board Cedified Creditors Rights Law American Board of Certification Joann Needleman Member PA & NJ Bar Thomas R. Dominczyk Member NJ & PA Bar December 14, 2005 C3 Ir rn 0 VIA CERTIFIED & REGULAR D Ln TAMMY Y SHIELDS C3 27 CLEVERSBURG RD N SHIPPENSBURG, PA 17257 RE: FORD MOTOR CREDIT COMPANY SHIELDS AND TAMMY Y SHIELDS CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 05-5661 Dear TAMMY Y SHIELDS: Enclosed please find a ten (10) day notice of default which is self- explanatory. This is being served upon you due to your failure to respond to Plaintiffs Complaint served upon you on 11118/2005. Unless an answer to Plaintiff s Complaint is filed with the Court within ten (10) days from the date of this notice, a default judgment may be entered against you. If you would like to discuss a resolution to this matter, please call our office at 908-575-0220 ex.21 and ask for Kim Crosby. Thank you for your prompt attention to this matter. New Jersey Office MAURICE & NEEDLEMAN, P.C. 250 Route 28 West Suite 203 Bridgewater, NJ 08807 tel. 908.575.0220 tax 908,575.0632 Enc ESQ. 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 i> J; 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 Attorneys for Plaintiff /69-/1-1)1 Plaintiff V, CREDIT COMPANY JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 1MPORIANT NOTICE TO: TAMMY Y SHIELDS DATE: December 14, 2005 27 CLEVERSBURG RD SHIPPENSBURG, PA 17257 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER IN THIS CASE. UNLESS YOU TAKE ACTION WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR RIGHTS TO DEFEND AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue, Carlisle, PA 17013 (717) 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 V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 CERTIFICATION OF NOTICE TO ENTER DEFAULT JUDGMENT It is hereby certified that a written Notice of Intention to File the Praecipe was mailed on 12/14/2005 to Defendant, JERRY L SHIELDS , against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A copy of said Notice dated 12/14/2005, a copy of the receipt for certified mailing to the Defendant and affidavits of service of said notice are all attached hereto. MAURICE & NEEDLEMAN, P.C. BY: T OMAS MINCZYK, 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 V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 CERTIFICATION OF NOTICE TO ENTER DEFAULT JUDGMENT It is hereby certified that a written Notice of Intention to File the Praecipe was mailed on 12/14/2005 to Defendant, TAMMY Y SHIELDS, against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A copy of said Notice dated 12/14/2005, a copy of the receipt for certified mailing to the Defendant and affidavits of service of said notice are all attached hereto. MAURICE & NEEDLEMAN, P.C. BY: ESQ. Attorney for 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 V, JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 CERTIFICATION OF ADDRESSES It is hereby certified that the parties have the following addresses: Plaintiff: FORD MOTOR CREDIT COMPANY P.O. Box 6058 MESA AZ 85216 Defendant: JERRY L SHIELDS, 27 CLEVERSBURG RD, SHIPPENSBURG, PA 17257 MAURICE & NEEDLEMAN, P.C. BY: T OMAS D MINCZYK, 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 V, JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 CERTIFICATION OF ADDRESSES It is hereby certified that the parties have the following addresses: Plaintiff: FORD MOTOR CREDIT COMPANY P.O. BOX 6058 MESA AZ 85216 Defendant: TAMMY Y SHIELDS, 27 CLEVERSBURG RD, SHIPPENSBURG, PA 17257 MAUR BY: 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 Attorneys for Plaintiff /89-71)4 FORD MOTOR CREDIT COMPANY Plaintiff V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF SOMERSET SS. THOMAS DOMINCZYK, ESQUIRE, being duly sworn according to law, deposes and says that she represents the Plaintiff in the above entitled case and that Defendant, JERRY L SHIELDS , 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. SWORN TO AND SUBSCRIBED before me this f ay of 200*. N0 y PabCc ?. N07 A 4Y Pt 13 OF NEEN my Commission Expires 1213012010 MA ?OMAS EDLEMAN, P.C. BY: T INCZYK, 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 CUMBERLAND COUNTY COURT OF Plaintiff COMMON PLEAS V. I CASE NO. 05-5661 JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF SOMERSET SS. THOMAS DOMINCZYK, ESQUIRE, being duly sworn according to law, deposes and says that she represents the Plaintiff in the above entitled case and that Defendant, TAMMY Y SHIELDS 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. P.C. BY: ESQ. Attorney for P SWORN TO AND SUBSCRIBED befo e me this 11 day of f doykAw?> 20?. No' Ku? r 6-? KIMBERLY A CROSBY A NOTARY PUBLIC OF NEW JERSEY My COMMIssion Expires 72/30/2010 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 Attorneys for Plaintiff 1?) RSy-/ll4 FORD MOTOR CREDIT COMPANY Plaintiff V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 AFFIDAVIT OF MAIL SERVICE STATE OF NEW JERSEY COUNTY OF SOMERSET SS. THOMAS DOMINCZYK, ESQUIRE, being duly sworn according to law, deposes and says that she is an attorney at law and that on 12/14/2005 (date) he/she mailed a written Notice of Intention to File the Praecipe to Defendant, TAMMY Y SHIELDS, at 27 CLEVERSBURG RD, SHIPPENSBURG, PA 17257 by certified mail, article nos . Copies of the receipts evidencing said mailing are attached hereto. The regular mail was not returned to Counsel's office, therefore, pursuant to Pa.R.C.P. §403 (1), service has been perfected by regular mail due to the fact that the Notice has not been returned to sender within fifteen (1 ays fter mailing. BY: MAU 4DTHS tINCZYK, AN, P.C. ESQ. Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me this day yy oay ub c KIMBEt-41-= 11 s, NOTARY PUBLIC OF NEW JERSEY My commission Expires 12130/2010 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 Attorneys for Plaintiff /2SY-/1J4 FORD MOTOR CREDIT COMPANY Plaintiff V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 AFFIDAVIT OF MAIL SERVICE STATE OF NEW JERSEY SS. COUNTY OF SOMERSET THOMAS DOMINCZYK, ESQUIRE, being duly sworn according to law, deposes and says that she is an attorney at law and that on 12/14/2005 (date) he/she mailed a written Notice of Intention to File the Praecipe to Defendant, JERRY L SHIELDS, at27 CLEVERSBURG RD, SHIPPENSBURG, PA 17257 by certified mail, article nos.. Copies of the receipts evidencing said mailing are attached hereto. The regular mail was not returned to Counsel's office, therefore, pursuant to Pa.R.C.P. §403 (1), service has been perfected by regular mail due to the fact that the Notice has not been returned to sender within fifteen (15) days after mailing. P.C. BY: Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me this 11 day of kJoyL<p.200? . Notary Public KIM RCv a CAiS A NOTARY PUBLIC OF NEW JERSEY My Commission Expires 12130120`10 ESQ. ??#.. 6" r 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 V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 05-5661 Notice is hereby given that a judgment in the above-capf ned matter has been entered against you in the amount of $9308.42 on 7 a.ovln A copy of all documents filed with the Prothonotary in support of the within judgment If you have any questions regarding this matter, please contact the filing party: Name: THOMAS 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.R.C.P. §236) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Other FORD MOTOR CREDIT COMPANY vs. ( ) Confessed Judgment File No. .05-5661 Amount Due 9308.42 Interest 02/22/2006 $619.05 JERRY L SHIELDS AND TAMMY Y SHIELDS TO THE PROTHONOTARY OF THE SAID COURT: ,. Atty's Comm Costs The undersigned hereby certifies that the below. does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but If it does, it is based on the appropriate original Proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue a writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, any and all accounts in the name of the above Defendant(s). SS # XXX-XX-8463 & 3995 GARNISHMENT ONLY! PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) • in the possession of Waypoint Bank, Garnishee, 830 N US Highway 15, Dillsburg, PA and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date 0 (indicate) Index this writ against the gamishee(s) as, a lis pendn nst real estate of the defendant(s) described in the attached exhibit. A / 1 Signature: Print Name- Address: Attorney for: Telephone: Esq 915 One Penn Center Philadelphia, PA 19103 Plaintiff 215 789 7154 Supreme Court ID No.: 74276 (over) Z q ti ;)oX O O 0 K p 0 c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5661 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FORD MOTOR CREDIT COMPANY Plaintiff (s) From JERRY L SHIELDS AND TAMMY Y SHIELDS , 27 CLEVERSBURG RD., IPA (1) You are directed to levy upon the property of the defendant (s)and to sell . 17257-9410 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WAYPOINT BANK, 17 WEST HIGH Sr., CARLISLE, PA 17013 ANY AND ALL ACCOUNTS IN THE NAME OF THE ABOVE DEFENDANTS. SS# XXX-XX- 8463 & 3995. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9308.42 Interest 2-22-06 $619.05 Atty's Comm % Atty Paid $173.90 Plaintiff Paid Date: 05-31-07 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name JOANNE NEEDLEMAN, ESQUIRE Address: 935 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-789-7154 -1-Y Supreme Court ID No. 74276 I • ;a FORD MOTOR CREDIT COMPANY Plaintiff, V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s). WAYPOINT BANK CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 05-5661 46wen5 -'1k) INTERROGATORIES IN ATTACHMENT TO: WAYPOINT BANK You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment against you. 1. At the time you were served with Plaintiffs writ of execution, or at any subsequent time, did you owe the defendant (SS# xxx-xx-8463 & xxx-xx-3995) any money or were you liable to defendant on any negotiation or other written instrument, or did the defendant claim that you owe him/her any money or were liable to him/her for any reason? If your answer is in the affirmative, please advise the amount of money you owe the Defendant, or the amount you are liable to the Defendant. NO 2. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? YES - SEE ATTACHED VERIFICATION 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? NO ?S 4. At the time you were served or any subsequent time, did you hold as fiduciary any property in which defendant had an interest? No 5. At any time before or after you were served, did the defendant transfer or delivery any property to you or to any person or place pursuant to your direction or consent, and if so what was the consideration therefor? NO 6. At any time after you were served, did you pay, transfer or deliver any money or property to the defendant or any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? NO 7. At the time you were served or at any subsequent time, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax or other accounts or deposits in which defendant has an interest? If the answer is in the affirmative, please advise the amount of defendant's interest thereto at the time of the service of the writ. NO JO 1YELDLEMAN, ESQUIRE e for Plaintiff 93 e Penn Center P adelphia, PA 19103 215-789-7154 ANSWERS TO INTERROGATORIES Account # 3531000985 Balance: $1402.31 Account Holder: Jerry Lynn Shields Tammy Yvonne Shields 27 Cleversburg Rd Shippensburg, PA 17257-9410 Account # 3534001064 Balance: $35.19 Account Holder: Natasha L Shields Tammy Yvonne Shields 27 Cleversburg Rd Shippensburg, PA 17257-9410 Account # 3534001072 Balance: $56.21 Account Holder: Brandon R Shields Tammy Yvonne Shields 27 Cleversburg Rd Shippensburg, PA 17257-9410 VERIFICATION I, Camille Neuwinger, C.O.P. Lead Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: An, Camille Neuwinger C.O.P. Lead Specialist N ca ? n ?i) ? ?t rt +? THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Ford Motor Credit Co VS. Jerry L Shields and Tammy Y Shields CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Joann Needleman, Esquire Maurice & Needleman, PC 935 One Penn Center 1617 J.F.K. Boulevard Philadelphia, PA 19103 Service by certified mail addressed as follows: Jerry Lynn Shields Tammy Yvonne Shields 27 Cleversburg Rd Shippensburg, PA 17257-9410 Camille Neuwinger C.O.P. Lead Specialist Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 June 19, 2007 °7v Pi - c ?" Z-4 SHERIFF'S RETURN - GARNISHEE r .. CASE NO: 2005-05661 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS SHIELDS JERRY L ET AL And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:00 Hours, on the 14th day of June , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , SHIELDS JERRY L hands, possession, or control of the within named Garnishee WAYPOINT BANK 17 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to RYAN BEM (CUSTOMER SERVICE) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION the contents there of known to His . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 41sa1?7 C .00 Sworn and Subscribed to before me this day of in the and made So answers- R. Thomas Klin Sheriff of Cumberland County 06/15/2007 By eputy Sheriff A.D L SHERIFF'S RETURN - GARNISHEE r - CASE NO: 2005-05661 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS SHIELDS JERRY L ET AL And now RICHARD SMITH ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:00 Hours, on the 14th day of June , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT SHIELDS TAMMY Y hands, possession, or control of the within named Garnishee WAYPOINT BANK 17 WEST HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to RYAN BEM (CUSTOMER SERVICE) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His in the true and made Sheriff's Costs: So ans Docketing 00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .0000 06/15/2007 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (11 J) /?39 /1.-) 1 FORD MOTOR CREDIT COMPANY Plaintiff, V. JERRY L SHIELDS AND TAMMY Y SHIELDS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 05-5661 ORDER TO SATISFY JUDGMENT AGAINST GARNISHEE ONLY TO THE PROTHONOTARY: Kindly mark judgment in this matter as against garnishee, Waypoint Bank as fully satisfied. Respectfully Submitted, MAWCE & NEEDLEMAN, P.C. eedleman, Esq. Date: July 26, 2007 a Sri -i$ 00 N -L R. Thomas Kline, Sheriff, who being,4u,ly sworn according to law, states this Writ is returned ABANDONED, n6, ?tibri ,takeri'ifi's0ujppnths. Sheriff's Costs: log' ji",' 12 Advance Costs: 150.00 `a Aertfl's Costs 96.19 Docketing 18.00 53.81 Poundage 1.89 Advertising Law Library .50 Prothonotary 2.00 Mileage 4.80 Misc. Surcharge 40.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 96.19 ? 51a sfo P Refunded to Atty on 04/30/08 So Answers, //. R. 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