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HomeMy WebLinkAbout06-0958GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR ) CREDIT COMPANY ) Plaintiff, ) V. ) JACOB L CASSELL, ) Defendant(s). ) NO.O1? -L?.5? cluLL COMPLAINT IN CIVIL ACTION Filed on behalf of: FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, NO. Plaintiff, V. JACOB L CASSELL, Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff NO. Dio - QSP 8(-> ?L l ? V. JACOB L CASSELL, Defendant(s). COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, by and through its attomey,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, is a corporation with offices at 575 East Swedesford Road, Suite 100, Wayne, PA 19807. 2. Defendant is JACOB L CASSELL, an adult individual, who is believed to currently reside at 133 CENTER ST, CARLISLE, PA 17013. 3. On or about April 05, 2001, the aforesaid Defendant(s) entered into a written Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the Contract is attached hereto, marked as Plaintiffs Exhibit "A" and incorporated by reference. 4. "Seller" thereafter assigned the Contract to Plaintiff, FORD CREDIT . 5. Pursuant to the terms of the Contract, Defendant(s) were to make 60 payments of $361.92 commencing on May 20, 2001. The terms of the Contract provide for termination upon satisfaction by Defendant(s) of all obligations provided thereunder. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make payments to Plaintiff as promised. 8. Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate the Contract. After calculating early termination charges due to Plaintiff, Plaintiff avers that a deficiency balance of $9,343.25 is due from Defendant(s) as of August 06, 2004. 10. Plaintiff avers that such attorney's fees will amount to $3,000.00. 11. Despite repeated request, Defendant(s) have willfully failed and/or refused to pay the aforesaid sum due. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $9,343.25, plus legal interest from the date of breach, reasonable attorney's fees in the amount of $3,000.00 with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. ly Submitted: GREGG ORRII 213E ain Street amegie, PA 15106 (412) 429-7675 TN "1.13fjia',LA JP QJO]UJJ,r'It _ PENNS rY?LVANuIyAarSIMPLE INTEREST VEHICLE ReTAX INSTKAa TCONTRACT DATE' 04/05/2(101 LE$?EM)Nam CASSELLe County and Zip Code) CREDITOR (Seller Now and Address) W78111 MAIN STREET INTERSTATE FORD, INC. PLATNFI LO PA 17081 196 WALNUT BOTTOM RD CUMBERLAND SHTPPENSBURG, PA 17267 You. the Buyer two LoArryer, a any), may buy the eamcle deswlbrid beiew for rah x on oneft The 'Cash Price' ahorn below Is the rash pd. of the vehicle. The 'TWW Sep P,Io"^ h ern tsaow 1. ew vedlt pdbe. ey si,ning this oon M you choose b tan m credit under tbe agrrmnb m th. frad and beck or tM wnhad. NewlUS xi Year and Make Modal GVYV If Trunk Venice Idenggra on Number Use For Mich Purnmeec! 1997 R personal ? Agnahural USED MERCURY COUGAR ? Commea9al IMELM62W HG N / N/A .? N/A , s N/A ItNan Trwlain - Year sM Maya G. Aucewm AnauntTNng AY OBTAIN VEHICLE INSURANCE A PERSON OF YOUR CHOICE. 0M -• l 7 RE NOT REQUIRED TO OBTAIN Price ._: 'I ?Cas •..........•......• .......................'................................ $- -1-1--98-75 (f) T IJFE, CREDIT DISABILITY AND 2r Down Payment R OPTIONAL INSURANCE. THIS !I Third Parry Rebate Assigned To Creditor .......................:. $ No RACT WILL NOT INCLUDE THEM Cash Do" Payment .....::.::................................................. $ _.500_00 UNLESS YOU SIGN AND AGREE TO PAY Trade-in MIA $ N/A $ N/A $ NIA . THE PREMIUM. , •.. Year'aW EYb ",(+mu PFrsuv RmylN nhry ..;.,',Total Drown Payment h ..................................................._........ (2) THIS CONTRACT DOES NOT INCLUDE 3o Unpaid Balance of Cash Prim (1 minus 2) ................................ $ +--rlcooo. 76 (3) LIABILITY INSURANCE COVERAGE FOR 4: Ahwunts paid on your behalf (Seller may be retaining a portion of these amounts) BODILY INJURY AND PROPERTY To Insurance Companlas'for DAMAGE CAUSED TO OTHERS. $ Credit Life Insurance (for term of contad) ............. N /A Credit Disability Insurance (for term of contract) ............... $ N/A [Tenn -Months (Estimate)] $TT/A ,1 '•.n uo•: ., q• " +' To Public Officials (I) for license I$ NIA ), title ($ 22 go ), 8 'L7 GedihLNBe^ I'' i - "'d"' ' registration(8_36-00 )fees$?Ia PnU!rwirse nbT !'+ rnlnsUiHr'1 ter ` ,. (II) for filing fees$ c nn -•d 1., .? ?pp H?sttny pfir' w L : $ '(III) for taxes (not In Cash Prim) $ T ?7 $ ? tI'MYtI T"YG'i , lP •.? IRSIJf&tl(§) . To for Messenger Service ................ $ .1,..^. 1 .. ". ... __. ?A + + -- -$i f To FORD for EXT WARRANTY $ ins nnnn . ?, ;•?. I gire aE s)+»• _.To- DEALER for DOC FEF $_--56 09 To STATE OF PA -.for.: ON LINE RFG $- (feedit ra„"t=„n, vn Total ........ ....................... •.....$--1964.67- (4) ? Disability It r5 Arr, ..( Financed (3 plus 4 . $ (5) Insurer yn ued,,,,, wN tam TES 1 ) _ le, .: ,r v " ' ,ANNUAL NI' Amount' FINANCE l " Total of Total Sale - E EN A ARGE Tr Fi d P m P I re - - GE P RC T nance CH ay ents rice ATE RA-FE Tneddlar arrlotrnl The amount of Iraedit provided dollarimpoe The amount you will have The total wet of your purchase on '. nld,• ?:ar 1 pre'J'I'!, The your cost of l t d t t' the credit aill . you or on your o cost paid when you credit, .a rb pil%., err! ,• I'.: i as a year y ra a cre y y 17 behalf have made at scheduled m nts a including your dow?np?Ymmt of $- 1? tLV p T nsu , cesaiarl? Tenn Y $ 21.00 % $ 8451:68 fT-3263 b2 p e y $ 1T(G.70 . __ 822215,20 , l new aFfRJgefarg- •.. INrit'nr!?II'-to ffy^leh. map qa Yo:. .. /Ig;4JNd n,l01 } .set 1 RT NT O Ti , des "?'I Cradft Life and Credit Disability insurance are 1.+ Blartigg) for are term of the centred. The amount and . b wTl be .:.. f" 2001 cove apes ers shown In a notice or agreement I / Ri:.ypY •Ir ,c a,ae,(b , : e given to you today. l i t , ? You must Insua the vehicle. tr a charge is i shown below, the Creditor r will try to buy the coverages d for the term shown. Loverrnnggees will ill be be based on the cash value of 'r. 1 the vehkle at time of loss but not more than , ,(4 , ins limits of the policy. Prepayment: If you pay off your debt early, you will not have to pay a penal O Canpahensive ? Y(/A_ ced io Late Payment: You must a late charge pay on the portion of each payment re received more s n ,_ ^. _, „ ?. A .man:)W,(9r,91109 fees. y.yµ_._ ,,17 LQilJ for laaea,(ndh GpsO+Pdga)$ ?T-+-rc+ir?- $.---835-67 To 'rhfor Messenger Semi" ....... .. FORD T ....... $_ fA - o for EXT WARRANTY ___.Tn DEALER for_ UU[ FEE $-4gyq„00 $ T*]' IATE OF PA ON LIN BEG 1 $ . 7 r .................................... T, 7 "7.. 6fid .......... (<) $ 1994 nv ;""'INl1AL FINANCE I4 'Amdunt' ERCENtl`AGE CHARGE Financed ? RATE The dollar amour TI'a,mount of The cost of your the aed,t will 1 rretld P.1ded h aetlit ae a yearly rate cost yop; You or on your behalf Total of Total Sale Payrierds a Price amount I The total cost you will have of your purchese, on laid When you credit, he" made all Including your PmPayment: If You pay off your debt early, you will not have to pay a penalty. Leta Payment You must pay a late charge on the podion of each payment received more than 10 days late. The chug, Is 2 percem of the late amount m $50.00 whichever is less. Security Interest: You are giving a security interest In the vahide being purchased. Contract: Please see Chia mnbud for additimal information on security irderest.nonpayment, default the right to require repayment of your debt in full before the scheduled data, and prepsymerd penalty, _ COMMERCIAL VSj i?hl28 ??,pq?pgryyag,?dsre^ in Na .Zit boa to rteIrJtM applies We vehkie wdg a ego verddb Yw Ines a Bmw wi,roild Iwa1?M d '15•. a rr dh fha w?aa bi tied, pry,lart laceiwe mmaht to76tl)•abM.'?Tkd dale"ter am7lumar:i5q fdtltl15varYrm: 1" If 9d Ifrwdonor meal.' your m7eed,oNlgatbP You May,loea do V.Ws that yu1 are Pnanchil under ale contract, FC 1763741 M W ne ,,Sgnetuni -..-G it u v :41M ,dy .. 12pisabll lty---- °insurer I'PremlurtI , TI of hlNured " J$ N' i ?ijype,of InsuRinceA Term ,rill,.,, InSP.lef,::,, ,, m la, n4C 94 1 h 9 1 - Credit Life and Credit Disability insurance an for the tens of the contract. The amount am eovereBes are shown In a notice or aBreemem Bwen to you today. You moat ensure the vehicle. If a charge is shown below, the Creditor will try to buy thr coverages chucked kw the term shown Coverages will be based on the cash value of the vehicle at time of loss, but not more the, the limits of the policy. Comprehensive ? *,A_ Deductible Collis on ? Fire- Theh-Combined Additional Coverage ? Towing and Labor ? Term Months (Estimate) ?it I QUESTIONS?, PLEASE CALL US AT 1.000.727-7000 00-001 signinc -r -,Vq no.ro r.al SEE BACK FOR ADDITIONAL AGREEMENTS -•-?'•??' A.-Payments and.'.Summary-. Notice: .'.You must make all payments when they ere due(eWOY" W'ptaV* yodr debt of any time wihaut penalty. This is a air Ople Interest contract. The actual finance charge you spree W Ipay will tlapend on your payment patents. The actual 0nahbefchargd?may' exceed the disclosed Finance Charge If you make your payments later than thescheduled dates or In less tharrtha scheduled amount. The CmdIKM'JAFpp*ycW paydhkta fiial"k, th6`bbined and unpaid" "part"Olrihly'Fit@fhEa"Crlarge'adtl'Tliafi •to tiie Amount Financed!"' The:Creditor aartle.the Finadce Charge by .spplying the Annual Percentage Rate,to. the unpaid Amount Financed for the actual does the ungai,d Amount Financed Is outstanding. If the vehicle is repossessel?,,.y?u?-?w?lll.rwi have.a dghl'to reinstate the contract unless tha'Wh?id',bdW6- I1 .. H,. B 'Saf?rlty intims d: ?'ou dive the Creditor a secudty interest in: f. The vehicle and all pads or other goods put on the vehlde; tP 2. UrrO IVIdodds mcelved fdr the vehicle; and -3.' Allinsumnds dieehiums end servicabontracts financed for you. !I LL'1ASlt'?'rl 1^.14... 1 P This secures paymentlof all amounts you owe in this contract, It also se come, your afte gegmemenk In, this contract. C. Use of Vehicle - WARRANTIES You must take care of tull. uCtl'e'pdo? WdHeiibohsehP?M9?raditor. t the vehicle Is of a type normally used for personal use and the Creditor, or the vehicle's manufacturer, extends a written wamenty or service contract covering the vehicle within 90 days from the dab of this contract, you get Implied warranties of merchantability and fitness fora particular purpose covering the vehicle:-Otherwise, you understand and agree that there am no such Implied warranties. D. Ir{a"ctlF:tYou must insura'y66elf and the Creditor against lose or damage to the vehicle. The Creditor must approve the type and ambimtdffinsumnce. it ft Creditor obtains a refund on Insurance or service contracts, the CredNor will subtract the refund-fromwhat you owe. Whether or not the vehicle is Insured, you must pay for 'ti ti it Is lost, damaged, or destroyed d^r.=in.. i. it If a charge for vehicle Insurance Is shown o0 the. front,. the _ Creddphwill try to buy the coveragesvclheckad for the tern shown. The Creditor is not liable, though, If he cannot do W. If these, co arrages cost mom, than the amount shown for Insurance, the Creditor may bury them for a shelter brim or he may give you credit forthe amount shown. If he cannot buy any insurance, he will give you credit for the amount shown. The credit will be made to the last payments due. - 11 E. Late Charge: You will haverto pay a late charge on the cnrege_pfreadh payment made mom than tan days late. The IS shown on thd frbnt.' Ameptarhce of z late payment does not excuse your default or mean that you:can keep making payments after they are due. The Creditor may. take the slepsaist - forth in this- bas, there is a y-default. r mall 1 'Inl Y ?'VuJ ? V I !. .I n i .dn, np?1 ad) ?nl 1y1:,0'' :.eaTBVOa ? mnm hnn h,J s•°! , er.'.i .. •bld,hv elf ' mbea i1 lit .v .n .•oa I? v,iallM? r.T^'rn?lr "e.nhA r,.,.,,dmm}11-nr -shin E3 F. Default: You will be in default t; returned to you; or 7. You do not make a payment when it is due; or 2. You gave (else or misleading intortndlion on your credit application relating to this contract; or 3. Your vehicle is seized by any local, state, or federal " authority and is not promptly and unconditionally 4. You file a bankruptcy petition or one is filed against you; or 5. You do not keep any other promise in this contract. It you am in default, the Creditor may require you to pay at once the unpaid Amount Financed, the eamatl and unpaid part of the Finance Charge and all other amounts due under this contract. He may repossess (lake back) the vehicle, too. He may also take goods found in or on the vehicle when repossessed and hold them for you. If the vehicle is taken bade, he will send you a notice. The notice will say that you may redeem (buy back) the vehicle. It will also show the amount needed to redeem. You may redeem the vehicle up to the time the Creditor sells R or agrees to sell it. If you do not redeem the vehicle, it will be sold. Expenses paid as a direct result of having to retake the vehicle, the Creditor may charge you interest at the highest lawful rate 0. General: To can tact Fob Motor Credit Company about this The Creditor will use the money from the sale, less the allowed expenses, to pay the amount sell owed on this contract. hold it for sale, and sell it are, as permitted by law, allowed expenses. Lawyers' fees and legal cock permitted by law are allowed, too, The Creditor will pay you any money left (a surplus). You will pay any money still owing after the sale to the Creditor. If you do not pay this amount when the Creditor asks, until you pay. account, call 1-(000) 727-7000. The law of Pennsylvania applies to this contract. It that law does not allow all of the agreements in this centred, the ones that are not allowed will be void. The rest of this contract will still be good. PROCEEDS HEREOF : RECOVERY HEREUNDER-BY NOTICE -ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO 'ALL"CLAIMS AND DEFENSES WHICH THE.-DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED :?PURSUAN7'HERETO OR WITH THE ? THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY WINDOW FORM"FOR THIg.VEHICLE IS-PART OF Used Motor Vehicle Buyers Guide. If you a2 buying a used vehicle with this conked, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION' YOU SEE ON THE THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. D. Iribtlv lLX'.lYou"'Insuximeif hind:the Creditor against ;4106'5 or to ,.vehicle yThs Cmdhar must approve the type and d oe. If the Creditor obtains a refund on arnAk ?itgtrrance rvlntracs-the Creditor will subtract the --refund fromiwhat-you-rnva: ether or pot the Vehicle is 'Insured, you must pay forll N It Is 1091, damaged, or dsstroyed,- dash P unuir" If a charge for vehicle insurance is shown on the. front.. the Creditor wittry to buy the coverages chocked for the term shown. The Creditor is not liable, though, 'd he cannot do so. -If these.- coverages cost mom: than the amount shown for insurance, the Cmdilor may buy them for a shorter term or he may give you credit for the arroant shown. If he cannot buy any Insurance, he will give you credit for the amount shown. :The credit will be made to the )set payments due. E. Late Charge:- You will ha4 to pay a latecharge on the of each payment made mom than ten days late. The ,. end Is'shown on theirwV Acceptance!, of i late payment does' not excuse your default or mean that you scan keep making _ ppaayymments after _ :due. The Creditor may. take the stepsset - forth'm tiffs )?n T is aity default. lonim vnc-n, tin, y1 a r h.l I e.'• e fnuor.: ew .I,n,lnoB Or b vel wl! - 'neme•rv..? •ifnu s nl •+m' eepr n•• ? ? ' r: .. ,V n1 n, v,p ?i eP,en y q v aril •. ..: ,"y nnh Yud r! rl ?liw 1:1±e' II ,m..led r' .nw-- ,rant ant .ol be aep•.rvna I fB --as. rises etll nn -1 rl beemh •i I'Iv ap.:•vBp nnnl B.nn•. ten fud erol `n any ! .bides net .plloa ••'U `i .dl f I to this contract. Ir uhat hAEw noes not allow all of the agreements in this contract, the Ones that am not allowed will be void. The rest of this contract will still be good. NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL ' CLAIMS AND DEFENSES WHICHTHE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER-BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY Used Motor Vehicle Buyers Guide. If you are buying a used vehicle with this contract, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION' YOU SEEON THE WINDOW FORM'FOR THIS VEHICLE IS-PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY,-CONTRARY PROVISIONS IN THE CONTRACT OF SALE. nlrl". ID /16' ,g erg-ro,.."n+ j 1 . 1 0 v II[ nits II .:p.^-n?lBrn lib?A bat dmn.l-II^ni -:'q L7 _BI?, ?. .. hMnl Ina tmr•B' ? 6':,]I :IIInnM - . m?<r r7 I ) r - r :.• Ip airs VII c ^^ !, • Y e'Wetalfeyybsell the vehicle described on the front of (}Iii cortbar,( to the Guyer; Iin:6maV 6d&1`66ffin,Whd signs below as a' Wr' guarantees the payment of this contract. This rrearhs. that If the Buyer fails 't6 pay any money that is Owed on this a guarantor will pay it when asked. Each person who signs below agrees that he will be liable for the or more other persons also signs this Guaranty, He also agrees to be liable even if the Creditor does I " a) gives the Buyer more time to pay we or more payments, or (b) gives a release in full or in part to (c) releases any security:' Each Guaranloir also states that he has received a completed copy of this time of signing. Address Address - .W.ao NOreeleee,I _ au I .nn FIG 17637-SI OCT 00 VERIFICATION The undersigned is an authorized agent of the Plaintiff and verifies that the facts and statements made herein are true and correct based upon my knowledge, information and belief, and are based upon and have been obtained from a review of the facts and information contained in the business records of the Plaintiff supplied to us by Plaintiff. Counsel has signed the verification as a matter of time and convenience. The verification of the party will be provided if requested. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to Date: February 15, 2006 PNetafde & Felix, A4P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 { ?J 1µ, ,vM1+ [J V SHERIFF'S RETURN - REGULAR CASE NO: 2006-00958 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD CREDIT T/D/B/A FORD MOTOR VS CASSELL JACOB L SGT JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CASSELL JACOB L the DEFENDANT , at 1226:00 HOURS, on the 23rd day of February , 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JACOB L CASSELL 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 .39 Affidavit .00 Surcharge 10.00 .00 28.39 Sworn and Subscribed to before me this ,,t day of lti't..4.Lr.L? ,k out, ? A. D. ty-pro ry So Answers: R. Thomas Kline 02/23/2006 PATENAUDE & FELIX By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. JACOB L. CASSELL, CIVIL ACTION LAW DOCKET No. 2006-958 Defendant FILED ON BEHALF OF: JACOB L. CASSELL, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT COUNSEL OF RECORD: MICHAEL O. PALERMO JR., ESQUIRE Supreme Court ID# 93334 ROMINGER & WHARE 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT tld/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. CIVIL ACTION LAW JACOB L. CASSELL, DOCKET No. 2006-958 Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Strict proof of the same is demanded at trial. 5. Admitted. 6. Admitted. 7. Denied. Strict proof of the same is demanded at trial. 8. Denied. Strict proof of the same is demanded at trial. 9. Admitted in part; denied in part. By way of further answer, it is admitted that Plaintiff calculated early termination charges. Strict proof of the terms and the propriety of the sale of Defendant's vehicle are demanded at trial. 10. Denied. Strict proof of the same is demanded at trial as Plaintiff's fees are grossly disproportionate to the relief sought. 11. Admitted in part; denied in part. It is admitted that Defendant failed to pay. It is denied and strict proof of the same is demanded at trial for the amount Plaintiff seeks to recover. WHEREFORE, the Defendant demands judgment in his favor, and against the Plaintiff(s) without any costs. Date, /? Respectfully submitted, ROMINGER & WHARE Michael O. Palermo r., Esquire A6?' - 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court 1D # 93334 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. JACOB L. CASSELL, Defendant CIVIL ACTION LAW DOCKET No. 2006-958 CERTIFICATE OF SERVICE I, Michael O. Palermo Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Defendant's Answer to Plaintiff's Complaint upon the following by first class mail: Gregg L. Morris, Esquire 213 East Main Street Carnegie, PA 15106 Date: 3/9-y/L Respectfully submitted, ROMINGERn&?WHARE G? Michael O. Palermo r., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. JACOB L. CASSELL, Defendant CIVIL ACTION LAW DOCKET No. 2006-958 ATTORNEY VERIFICATION MICHAEL O. PALERMO JR., ESQUIRE, states that he is the attorney for Jacob L. Cassell, Defendant, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Wa AV?2 -- Michael O. Palermo , Esquire Attorney for Defendant c? - ?? =?-? _ _ ,, ?-- :.J ,.. r _,. ? y J ` + ? -C. ?? .. i"t ?. (.) _i .- w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB L. CASSELL, Defendant CIVIL ACTION LAW DOCKET No. 2006-958 FILED ON BEHALF OF: JACOB L. CASSELL, Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT COUNSEL OF RECORD: MICHAEL O. PALERMO JR., ESQUIRE Supreme Court ID# 93334 ROMINGER & WHARE 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. JACOB L. CASSELL, CIVIL ACTION LAW DOCKET No. 2006-958 Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Jacob L. Cassell in the above- captioned matter. Date: S 06 .A et ROMINGER & WHA E Michael O. Palermo Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. JACOB L. CASSELL, Defendant CIVIL ACTION LAW DOCKET No. 2006-958 CERTIFICATE OF SERVICE I, Michael O. Palermo Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Praecipe to Enter Appearance upon the following by first class mail: Gregg L. Morris, Esquire 213 East Main Street Carnegie, PA 15106 Date: -3105-166 Respectfully submitted, ROMINGER & WHARE zww 1? Michael O. Palermo Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant r-? fi ca O ?> n 7 7 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff, V. JACOB L. CASSELL, Defendant. NO. 2006-958 REQUEST FOR ADMISSIONS ADDRESSED TO DEFENDANT Filed on behalf of: Ford Credit t/d/b/a Ford Motor Credit Company, Plaintiff You are hereby notified to plead to the enclosed Request fqqpp' Admissions withi;'11)davs from seHice hereof or a entered against Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, ) NO. 2006-958 Plaintiff, ) V. ) JACOB L. CASSELL, ) Defendant. ) REQUESTS FOR ADMISSIONS ADDRESSED TO DEFENDANT You are hereby requested to admit the following, for the purposes of this action only, pursuant to the Rules of Civil Procedure. You are directed to file a sworn answer to this request in compliance with the Rules of Civil Procedure within thirty (30) days after service of this document. The Plaintiff is as identified in the caption of the Complaint in Civil Action and filed at the above number and term and incorporated herein by reference. 2. The Defendant is as set forth in the caption of the Complaint in Civil Action and incorporated herein by reference. 3. The Defendant agreed to purchase the vehicle or item of merchandise more specifically set forth in Plaintiff's records and annexed to the Complaint in Civil Action as Exhibit "A" 4. The Retail Installment Contract (hereinafter "Contract) signed by Defendant is annexed to the Complaint in Civil Action as Exhibit "A" and is attached hereto as Plaintiff's Exhibit "A" and incorporated herein by reference. 5. Defendant received the vehicle referenced in the Complaint in Civil Action. 6. The prices charged by Plaintiff were those which Defendant agreed to pay. 7. The prices charged by Plaintiff were fair, reasonable and market prices for the item at the time the vehicle was delivered or received by Defendant. 8. Defendant defaulted by failing to make payments as provided for by the terms of the Contract. 9. "Notice of Our Plan to Sell Property" was mailed to Defendant at his last known mailing address by regular and certified mail on or about July 14, 2003. A copy of the Notice is attached hereto and collectively referred to as Plaintiff's Exhibit "A" and incorporated herein by reference. 10. The vehicle was sold at auction on or about September 8, 2003 and a copy of the Manheim Auto Auction receipt is attached hereto as Plaintiff's Exhibit "B" and incorporated herein by reference. 11. The proceeds from the sale were deducted from the outstanding balance due. 12. A Statement of Sale was mailed to Defendant at her last known mailing address on or about September 11, 2003 . A copy of the Statement of Sale is attached hereto as Plaintiffs Exhibit "C" and is incorporated herein by reference. 14. There remains an unpaid balance due for the aforesaid vehicle. 15. The unpaid balance is set forth on the Statement of Sale attached hereto as Plaintiff s Exhibit "C". 16. The unpaid balance due is as more fully set forth in the prayer of the Complaint in Civil Action and which has been incorporated herein by reference. (412) 429-7675 System& P.O. Box 3 F A St Joseph, Systems & Services Technologies, Inc. Phone: 80( Technologies, Inc. 64503 Jacob L sseli 22 N Hig St Newviile, A 17241 c? ?r 7160 390]1 9844 3275 9839 a a0 epos s ession 711212003 ate um e r co L Cassell F 7 a a MERCURY ew x Us ph 16110 CO UG R X o y NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above be use you broke promises In our agreement © PRIVATE SALE: We will sell the p rty described above at ? PUBLIC SALE: We will sell the property de cdbed above at private sale shown above sometime ? emend by u prim the Date of Notice public sale to the or to such sale. adjournment date). highest The sale will be held aa follows: (or any property is redeemed as set forth In is notice. 1196 Lanc?ster Rd Manheim, A 17545 Notice of Repoaae aloe The money that we get from the sale ( including reasonable attorney's fees an r paying our costs, legal expenses if permitted The property is presently 1190 Lancaster Manheim PA 17545 bylaw) will reduce the amount you ow If we get less money than stored at: HOW TO GET YOUR PRO ERTY BACK you owe, you will still owe us the differ ice. If we get more money To get your property back, Pay us this am unt by certified check or than you owe, you will get the extra mo ery, unless we must pay It to money order before the vehicle Is sold. someone else. Unpaid contract balance $11.276.62 You can get the property back at any U is before we sell it by Plus Costs: $195.00 paying us the full amount you owe (not et the past due payments), including our expenses. See How To G I Your Property Back for an less to C afi f - itemization of amount owing. To team is exact amount you must ba ass ^8anm^o ? rn lRm ReBate pay, call us at the telephone number a we. Total 511.47162 If you went us to explain to you in wrffln how we have figured the (Plus expenses Incurred if default at the me of repossession amount that you owe us, you may call I. at the telephone number exceeded 15 days and less rebate racei d after the date of this above, or write us at the address above and request a written notice.) explanation. Your property won't be sold until 15 days fter the date of this If you need more Information about the ate call us at the telephone notice at the EARLIEST. After that you in still get it back any number above, or write us at the addre above. time before It's actually sold. We are sending this notice to the follow g people who have an If you do, we'll have no further claim on I t But the longer you Interest in the property described above r who owe money under wait, the more costs (including repairs) y u may have to pay. The property has been (or will be) rat ed to: Under our agreement with your dealer/origin creditor, the dealer/original creditor is to sell the property and pay you any money left ver. If you owe money after sale, you will pay it to the dealer/original creditor. ? PERSONAL PROPERTY : Any perso al property found in the vehicle may be reclaimed by you within the next 60 ays or, in accordance with state law, by contacting this offl Thereafter, the personal property shall be disposed of accordingly. PAYMENTS: All payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are are that the mileage reflected on the vehicle's odometer is not accurate for ny reason, please contact us so that we can accurately port the vehicle's mileage. INSURANCE RIGHTS: If you don't w t to get your property back, call the insurance company or the dealer/origin I creditor to make sure that any insurance has been cancelle You have a right to get credit for all premium refunds ll 1` FLCNOIPAI.RPT Ex1, \71? G11411 IL ••97 'RCURY CC:I f' X5132368 1000'i51<< WE15GA03ER AUTO SLS INC 'RD 4 SOx i0 ANN COND: • I. A NEFP, !E-POTH FL(icr< LL_, <D b-NT:SERVICE ENGINE LIGHTS?LIbI S L1': : i1SILIGH7SI, NO I R.B. A, I 1 SALE a i f 1 I CLERRF IECDe PA 16834 1.•CP "HITE ?. Id NrTESx L AT ON ISELLERI _ - j _ - -'e,12y 1099719 !4kk Oe2B 55 rC. 4313. .ter. nD ST. JL_ 6456B SST/FAIRLANE r IF ;CLERK E 13 CLEAN WYEAFuM SE GIERONS ? ROUGH ? A (1) (s) (3) NOTICE: • Do not re-purchase or tinanc without cerNicete of title. • Auction retains aeouriy Infer vehicle until good funds we h rl I ` I S , Rif I' R ODOMETER DISCLOSURE STATEMENT Section SM.E Dleelwun form FEDERAL LAW (AND STATE LAW, IF APPLICABLE) PSWI1ES THAT YOU 6}A}E THE MILEAGE UPON TRANSrER OF OWNERSHIP FAILURE TD COMPLETE OR PRDADINO A FALSE STATEMENTMAY RESULT IN FINESANOOR IMPRISONMENT X I ? (1)1hereby OsTiy W NE beet or my anowl.d, the WOMSWr reading ISISOIa INS emgunl Of ll I rRlxleo wewuEes xwE m ewe n eeoass or 11 mechanlul 111. X /\..? -??1 WI1bU8GRe NONA1ueE ? IEllhxeq prtly VMltlw olMmaMr mdMlp le NOTMa ecluel mYeage -WARNING- ODOMETER DISCREPANCY DOCtIMEN. NOT VALID FOR EXPORT 'LRCC 4D NOT A RECEIPT OF PAYMENT Lights Legend: S51 OIL. I' ]EI_lIN6 SUITE THgT THE ODOMETER NOW READS 11l ?E ' . ?_'_ !'-MILES tno7EN0LS1 NmroTHE 9ISTOF Mr KNOWLEDGE THAT IT REFLECTS THE ACTUAL MILEAGE OF THE VEHICLE DESCRIBED HEREIN, UNLESS NOTED DIFFERENTLY ABOVE.'Tr-" 1 ' For w1mNNwwd l hmW ma,uNgnur I.WrIM W4N OMOrbel. M dcimoril f t tomemPONswimPrI n. TRAN6FEFgR'491GNRURE (SELLER) -???? PRINTED NAME OF ISIONDRI 11 I ri MANHEIM AUTO AUCTION 1190 Lancaster Road, Manbeirk PA4754 aRhppq.(717) 6P-3571 f-I COMPANY BUY r? PROGRAM - // - T B/S P C/O LJ CAR u BACK LJ CAR COMPANY ` ,??'/ ???j` I1 r'!! C(/L*h .-r?J /,yy DATE//Q .. YEAR MA MODEL BODY STYLE COLOR -- (/ VI.N.# ?M O? Sr MAA STOCK # COMPANY STOCK # ENGINE R TRANS. P.S. P. B. A/C EW ES TOP CC CCCCCCDDRL 4X4 INT. MILES r ? I ?LJ LJ ' ' Emm THIS IS AN ESTIMATE ONLY- INIT ,'--'L-ABOR INSTRUCTIONS HOWRS AMOUNT 7160 3901 9848 0848 8455 J Inc. VIA CERTIF'IED# Inc. MAILED ....,......+,..,...,:.,.,?,.,.. DATE BY. STATEMENT OF SALE September 1111, 2003\ ?1,??? Jacob L Cassell 22 N High St `\y `??' YN Newville, PA 17241 Creditor/Secured Party: Fairlane Credit LLC Year Make Model Account Number 3673761 1997 MERCURY COUGAR XR7 VIN Number 1MELM62WOXVH616110 Additions Deductions Balance Gross balance owing on your contract 11,478.68 Deduct: InsurancefWasranty/Rebate 0,00 Balance owing prior to sale 11,478.68 Deduct: Gross proceeds from sale 1,800.00 Balance less gross procneds from sale 9,678.68 Add: Expenses of retaking and storing, and any attorneys' feu allowed by law, and expenses of reconditioning and selling. 433.50 PHYSICAL DAMAGE INSURANCE PAYOFF 0.00 Other Expenses 0.00 DEFICIENCY _ _ 10,112.18 The Surplu ,(Deficiency will change based on monies received by us (credits) or additional allowed expenses & Interest added to yew account (debits). Surplus - If the sale resulted in a surplus, a refund for the difference will be mailed to you. Deficiency - If the sales resulted in a deficiency, you should immediately remit the amount shown to the address for payments shown below. ? Umollectable We cannot collect the deficiercy shown. You are not liable for this deficiency. Deficiency ? Bankruptcy The surplus will be paid to the Bankruptcy Trustee for distribution in compliance with Surplus federal bankruptcy law. ? Bankruptcy The deficiency will be handled in compliance with federal bankruptcy law. If you have any questions regarding this balance, please contact SST Inc. at 1-800789-8001 Mail deficiency payments to: SST P.O. Box 219913 Kansas City, MO 6412-9913 This is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. I do verify that [ ] I am the defendant in the above entitled matter [ ] I am an authorized representative of the Defendant in the above matter (having set forth my relationship with the Defendant in the spaces below the signature line which are incorporated herein by reference and that the facts set forth in the annexed Response to Plaintiff s Request for Admission are true and correct to the best of my knowledge, information and belief. Name: Address: Telephone I, Gregg L. Moms, attorney for Plaintiff, Ford Credit t/d/b/a Ford Motor Credit Company, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael O. Palermo, Jr. Esq. Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Date: Hnomey tor riainnrr 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff NO. 06-958 CIVIL TERM V. JACOB L CASSELL Defendant(s) CERTIFICATION OF SERVICE OF PLAINTIFF'S INTERROGATORIES (SET I) ADDRESSED TO DEFENDANT Filed on behalf of: T/D/B/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-107A Cert Serv Interrogatory P&F File No.: 2800.1811 1-1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY NO. 06-958 CIVIL TERM Plaintiff V. JACOB L CASSELL Defendant(s) CERTIFICATION OF SERVICE PLAINTIFF'S INTERROGATORIES (SET 1) ADDRESSED TO DEFENDANT 1, Gregg Morris attorney for Plaintiff, above named, hereby certify that at rue and correct copy of Plaintiffs Interrogatories (Set I) Addressed to Defendant was served this date by ordinary mail upon the following: Michael O Palermo Jr, Esq. 155 South Hanover Street Carlisle, PA 17013 A.P.C. 0 Date: o a tr A 151 (92)4129-W'5 Esquire PA 107A Cert Serv Interrogatory P&F File No.: 2800.1811 I, GREGG MORRIS, attorney for Plaintiff, T/DB/A FORD MOTOR CREDIT COMPANY , hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael O Palermo Jr, Esq. 155 South Hanover Street Carlisle, PA 17013 Date: A e g 4L.orris, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA 65 Certificate of Service P&F File No 2800.1811 F^^ ? 4 C=? t. ? M:=? ? 1' cam ?`,?,- ? ? :? -rs ? _ ? $m ?? .. y.. ?.„ t _ [""".? .. .?. 'R ???. ...,./' Cam'' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff NO. 06-958 CIVIL TERM V. JACOB L CASSELL Defendant(s) PLAINTIFF'S AFFIDAVIT Filed on behalf of: FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-98A Plntf Aff Retail Instal No. 2800.1811 PLAINTIFF'S AFFIDAVIT STATE OF 4R IZ ON4 COUNTY OF Mhf 'COP-4 Barbara Ingram and states: } } ss: Account Representative, being first duly sworn, deposes 1. Affiant is Barbara Ingram , account representative with FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY at 1335 S. Clearview Ave Mesa AZ 85208. 2. I am the representative of FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY and am authorized to make this declaration. 3. As of the date of this affidavit, I have reviewed the records of the above listed persons and Account Number 48047000000027030359, and the amount due and owing to FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY over and above all known legal set offs of $0.00 is $9,343.25, plus interest, costs and attorney's fees. 4. The account was more than Ninety (90) Days past due when the vehicle when Defendant voluntarily surrendered the vehicle on JULY 12, 2003 . 5. At all time relevant to the events set for herein, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY was in compliance with Pennsylvania and Federal Law with respect to repossession and sale of the motor vehicle. 6. Notice Of Our Plan to Sell Property was mailed to Defendant via Regular and Certified Mail at her last known address on . A copy of the Notice and Certified Mail Receipt PA-99A Plntf Aff Retail Instal No. 2800.1811 addressed to both Defendants are attached hereto, incorporated by reference and collectively referred to as Plaintiffs Exhibit "A". The vehicle was sold in a commercially reasonable manner. A copy of the receipt is attached hereto as Plaintiffs Exhibit "B" and is incorporated herein by reference. 8. The proceeds from the sale were deducted from the outstanding balance due. 9. On SEPTEMBER 11, 2003, a Statement of Sale was mailed to Defendants at their last known mailing address providing information as to the proceeds from the sale and indicating that there remained a Deficiency Balance in the amount of. A copy of the Statement of Sale is attached hereto as Plaintiff s Exhibit "C" and incorporated herein by reference. Before me, the undersigned authority, personally appeared, Barbara Ingram who being duly sworn according to law, deposes and says that the averments of fact contained herein are true and correct and does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, based upon the books and business Records of FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY. FURTHER YOUR AFFIANT SAYETH NAUGHT. DATED this day of re 4J . , 20 d8 Sworn to and subscribed before me this o?? day of ,200 . Ix 4-1*1-10"f It-0 Notary Public °s WENDY A. REYNOLDS NOTARY PUBLIC -- ARIZONA PINAL COUNTY My Commission Expires Affiant Barbara Ingram PA-98A P1ntfAffRetail Instal No. 2800.1811 I V3 ]fit'. Systems & Services Technologies, Inc. Systems & S rvices Technologies, Inc. P.O. Box 39 9 St Joseph, MP 64503 Phone: 800-189-8001 c? 7160 3901 984=.I., 79839 Jacob L ssell 22 N Hig St Newville, A 17241 Date o epot• sessiori 11 20 ate /1 ?A - 3 ate o / Mic Account um of 6 Buyer Jaco L Cassell buyer DESCRIPT ON OF PROPMT- ea 1997 a e MERCURY New X Us e Ic? RMN i Model COUG R X o y NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above be use you broke promises in our agreement PRIVATE SALE: We will sell the p rty described above at PUBLIC SALE: We will sell the property de cribed above at © private sale sometime after 15 days the Date of Notice public sale to the highest bidder on the date below (or any shown above unless redeemed by u prior to such sale. adjournment date). The sale will be held a follows: property is redeemed as set forth in is notice. 1196Lanc ter Rd Manheim, A 17545 The money that we get from the sale (alter paying our costs, including reasonable attorney's fees an legal expenses if permitted by law) will reduce the amount you ow If we get less money than you owe, you will still owe us the differ ice. If we get more money than you owe, you will get the extra mo my, unless we must pay it to someone else. You can get the property back at any ti a before we sell it by paying us the full amount you owe (not st the past due payments), including our expenses. See How To G t Your Property Back for an itemization of amount owing. To learn at exact amount you must pay, call us at the telephone number a ve. If you want us to explain to you in writin how we have figured the amount that you owe us, you may call u at the telephone number above, or write us at the address above nd request a written explanation. If you need more information about the4ale call us at the telephone number above, or write us at the addre above. We are sending this notice to the follow?g people who have an interest in the property described above r who owe money under The property has been (or will be) ret1med to: Notice of Repossession The property is presently 1190 Lancaster Manheim PA 17545 stored at: HOW TO GET YOUR PRO ERTY BACK To get your property back, Pay us this amount by certified check or money order before the vehicle is sold. Unpaid contract balance 511.276 62 Plus Costs: $195.00 lus to Cha Meas a -"x;00` Tessuran - Pr?nlumbRe4iate esssnsurance Total S11,471.02 (Plus expenses incurred if default at the time of repossession exceeded 15 days and less rebate recei d after the date of this notice.) Your property won't be sold until 15 days after the date of this notice at the: EARLIEST. After that you c n still get it back any time before It's actually sold. If you do, we'll have no further claim on it But the longer you wait, the more costs (including repairs) y u may have to pay. Under our agreement with your dealer/origin creditor, the dealer/original creditor is to sell the property and pay you any money left after sale, you will pay It to the dealer/original editor. DPERSONAL PROPERTY : Any perso al property found in the vehicle may be reclaimed by you within the next 60 with state law, by contacting this office. Thereafter, the personal property shall be disposed of accordingly. PAYMENTS: All payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are are that the mileage reflected on the vehicle's odometer is not accurate for contact us so that we can accurately r port the vehicle's mileage. INSURANCE RIGHTS: If you don't w T t to get your property back, call the insurance company or the dealer/origin, that any insurance has been cancelle You have a right to get credit for all premium refunds If you owe money or, in accordance reason, please creditor to make sure FLCNOIPAI.RPT -2. Article Number 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fes) ?Yes 1. Article AddroSSed to: 3673761 JACOB L CASSELL 22 N HIGH ST NEWVILLL• PA 17241 A Recaned by (Please Print Cloariyl S. Dale of Delewy 7-1A7-j& C. Signs D Agent X U AddrL" -'aj 0 Is a ryaddress diNerent IrOm I7 )Yes If YES. enler dehrery often below n No PS Form 3811. July 2001 Domestic: Retum D z n z rn Ell= y w Q ?Qt • k .r r ?iy-i?l• • 11"p11jj11+,(iC7y1 • '?• 51 ?; N G7 a I'm 111 ? s? ? ? ? .. ,.• ??' ?.? ?' Ian cjo m y CL m Q` z g uri adz q (?' w D m m M-10 w oft, JOR . rti. Old W w??? r CD - g m -nm to b .U m t - m mn7r?s i i RI ? ? m ` ' I I - ? ? 4 to v, ... r pMD 47 ©?.. w -. w- pi: ,. g? d ?? p V CA J _. ch Z _t • a s s}Z TZ _ _ _ Inc. .tir.,cs. .t tin.far. 7i.•hx,JxRi?.. Ix?. 7160 3901 9848 0848 8455 SENDERS RECORD MAILED VIA CERTIFIED# DATE - - BY' STATEMENT OF SALE September 11, 2003 Jacob L Cassell 22 N High St C ca, P!FP y", Newville, PA 17241 Crrditor/Secured Party: Fairlane Credit LLC Year Make Model Account Number 3673761 1997 MERCURY COUGAR XR7 VIN Number 1MELM62W XVH616110 Additions Deductions Balance Gross balance owing on your contract 11,478.68 Deduct: Insurance/Warranty/Rebate 000 Balance owing prior to sale - 11,478.68 Deduct: Gross proceeds from sale 1,800.00 Balance less gross proceeds from sale 9,678.68 Add: Expenses of retaking and storing, and any attomeys' fees allowed by law, acid expenses of reconditioning and selling. 433.50 PHYSICAL DAMAGE INSURANCE PAYOFF 000 Other Expenses 0.00 DEFICIENCY 10,112.18 The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & Interest added to your account (debits). Surplus - If the sale resulted in a surplus, a refund for the difference will be mailed to you. Deficiency - If the sales resulted in a deficiency, you should immediately remit the amount shown to the address for payments shown below. Uncollectable We cannot collect the deficiency shown. You are not liable for this deficiency. Deficiency Bankruptcy The surplus will be paid to the Bankruptcy Trustee for distribution in compliance with Surplus federal bankruptcy law. Bankruptcy The deficiency will be handled in compliance with federal bankruptcy law. If you have any questions regarding this balance, please contact SST Inc. at l Mail deficiency payments to: SST P.O. Box 219913 Kato This is an auempt to collect a debt. t. Any Any inform I, GREGG MORRIS, attorney for Plaintiff, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael O Palermo Jr, ESQ. 155 South Hanover Street Carlisle, PA 17013 Date: g?.? lv iorns, kqu,re atenaude & Feli.C. 213 E. Main StreeCarnegie, PA 15106 (412) 429-7675 PA 65 Certificate of Service P&F File No 2800.1811 C"? +"•a C;,J F CD "i' j GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7679 FACSIMILE (412) 429-7679 PA ID #69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/D/B/A FORD MOTOR CREDIT COMPANY Plaintiff V. JACOB L CASSELL Defendant(s) NO. 06-958 CIVIL TERM PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Filed on behalf o£ FORD CREDIT T/D/B/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 You are hereby notified to file a response W n Thirty (30) days from service ereo . M PA-57 Mtn Sum Jgmt Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 P&F File No. 2800.1811 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/D/B/A FORD MOTOR CREDIT COMPANY Plaintiff V. JACOB L CASSELL Defendant(s) PROPOSED ORDER OF COURT AND NOW, this day of NO. 06-958 CIVIL TERM 20__, upon consideration of the forgoing Motion, it is Ordered that said Motion is GRANTED. Judgment is entered in favor of Plaintiff, and against Defendant, JACOB L CASSELL as follows: Amount claimed in Complaint $9,343.25 Attorney's fees $3,000.00 Interest from August 05, 2004 $7,153.43 TOTAL $19,496.68 By the Court: PA-59 Order Mtn Sum Jg P&F File No. 2800.1811 J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff V. JACOB L CASSELL Defendant(s) PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT NO. 06-958 CIVIL TERM AND NOW, comes Plaintiff, above named, by and through the undersigned counsel, and request this Court to enter an Order for Summary Judgment pursuant to Pa.R.C.P.1035.1 and in support thereof, aver as follows: 1. Plaintiff filed this civil action to recover $9,343.25 plus interest at the legal rate, costs and attorneys fees in the amount of $3,000.00 due as a result of Defendant's default of a Retail Instalment Contract. A copy of the Complaint in Civil Action is attached to Plaintiffs Complaint as Plaintiffs Exhibit "A" and is incorporated herein by reference. 2. Defendant, JACOB L CASSELL was served on February 23, 2006, and filed an Answer to the Complaint on March 24, 2006 in which Defendant either admits or generally denies the allegation of the Complaint. A copy of Defendant's Answer is attached hereto as Plaintiffs Exhibit "B" and in incorporated herein by reference. 3. A general denial or a demand for proof has the effect of an admission. Pa.R.C.P. 1029. 4. On or about June 14, 2006, Plaintiffs counsel sent Request for Admissions Addressed to Defendant for filing and a copy to Defendant's Counsel of record, Michael O Palermo Jr, Esq. PA 57 Mtn Sum Jgmt P&F File No. 2800.1811 A copy of the Request for Admissions are attached hereto collectively referred to as Plaintiffs Exhibit "C" and incorporated herein by reference. 5. As of this date, Defendant has failed to respond to the Request for Admissions, and the matters contained therein are therefore deemed to have been admitted. Pa.R.C.P. 4014(b). 6. On March 20, 2008, Plaintiffs counsel caused Plaintiffs Affidavit of a Representative with FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY to be sent to the Prothonotary to be filed at the above number and term. A copy of the! Affidavit is attached hereto as Plaintiffs Exhibit "D" and incorporated herein by reference. WHEREFORE, Plaintiff respectfully request the Court to enter the Order attached hereto. y submitted: Fillix. A.P.C. Date: [') U Gre L. Morr' , Esquire 21 E. Main S _-et Carnegie, PA 5106 (412) 429-765 PA_57 Mtn Sum Jgmt P&F File No. 2800.1811 i GREGG L. MORRIS, ESQ. , PATENAUDE & FELIX, A.P.C. T=' t 213 E. MAIN STREET - - ?a CARNEGIE, PA 15106 -!-, (412) 429-7675 - ?" FACSIMILE (412) 429-7679 PA ID#69006 _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY Plaintiff, V. JACOB L CASSELL, PLAINTIFF'S EWHIBIT Defendant(s) NO. COMPLAINT IN CIVIL ACTION Filed on behalf of: FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 0 -- 1 E C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, NO. Plaintiff, V. JACOB L CASSELL, Defendant. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 C? J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff NO. V. JACOB L CASSELL, Defendant(s). COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, by and through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, is a corporation with offices at 575 East Swedesford Road, Suite 100, Wayne, PA 19807. 2. Defendant is JACOB L CASSELL, an adult individual, who is believed to currently reside at 133 CENTER ST, CARLISLE, PA 17013. 3. On or about April 05, 2001, the aforesaid Defendant(s) entered into a written Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the Contract is attached hereto, marked as Plaintiffs Exhibit "A" and incorporated by reference. 4. "Seller" thereafter assigned the Contract to Plaintiff, FORD CREDIT. 5. Pursuant to the terms of the Contract, Defendant(s) were to make 60 payments of $361.92 commencing on May 20, 2001. • i 6. The terms of the Contract provide for termination upon satisfaction by Defendant(s) of all obligations provided thereunder. 7. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make payments to Plaintiff as promised. 8. Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate the Contract. 9. After calculating early termination charges due to Plaintiff, Plaintiff avers that a deficiency balance of $9,343.25 is due from Defendant(s) as of August 06, 2004. 10. Plaintiff avers that such attorney's fees will amount to $3,000.00. 11. Despite repeated request, Defendant(s) have willfully failed and /or refused to pay the aforesaid sum due. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $9,343.25, plus legal interest from the date of breach, reasonable attorney's fees in the amount of $3,000.00 with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. Respectfully Submitted: Patenaude & Felix, A.P.C. GREGG L. MORRIS, ESQUIRE 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 "Tit "r.t2f{DA J/' .T.?F Ft@@E??NyyeeN??[S rY?LVANvI?AerSIMPLE NTEREST VEHICLE Rif AIL INST?MENT CONTRACT DAT'E' 04/05/2001 JACUBa LEEK• )C/1$SELL??s (including County and Zip Code) CREDITOR (Seller Name and Address) 78,11 MAIN STREET INTERSTATE FORD, INC. eLAINFI LD PA 17081 196 WALNUT BOTTOM RD CUMBERLAND SHIPPENSBURG, PA 17257 You, the Buyer (and Co•Buysr, If arry), may buy the vehicle described below for cash or on credit. The 'Cash Prlee" shown below Is the cash price of the vehicle. The "Total Sale Pripe" shown below is the credit price. By signing this contact, you choose to buy on credit under the agreenwrts on the trod and back of this contract Now/Used ' _ Year and Make - Model GVW If Track Ibs. Vehicle Identification Number Use For Which Purchased 1997 fR Personal ? Agricultural USED MERCURY COUGAR IMELM62W 6110 0 Commercial Trade in N! N/A N/A 8 rho Year and Make Gross Allowance Amount Owing YOU MAY OBTAIN VEHICLE INSURANCE FROM A PERSON OF YOUR CHOICE. YOU ARE NOT REQUIRED TO OBTAIN Cash;Price .................................................................................... $ CREDIT LIFE, CREDIT DISABILITY AND Z Down Payment OTHER OPTIONAL INSURANCE. THIS Third Party Rebate Assigned To Creditor .......................... $ VA CONTRACT WILL NOT INCLUDE THEM Cash Down Payntent .................:.......................................... $ gnn - nn UNLESS YOU SIGN AND AGREE TO PAY Trade-in MIA $ NIA $ N n THE PREMIUM. ." . Yeat'nd fABlm - n o+ow Atloxenor ArtgUrQ 0mv Total Down Payment i .......... ...................................... :............. $ (2) THIS CONTRACT DOES NOT INCLUDE 34r•Unpaid Balance of Cash Price (1 minus 2) ............... ........ $ (3) LIABILITY INSURANCE COVERAGE FOR 4: Ahiounts paid on your behalf (Seller may be retaining a Portion of these amounts) ' ' BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS Companles for To Insurance . Credit Life Insurance (for term of contract) ............. N N/A ..........,. NIA Credit Disability Insurance (for term of contract) ............... $ [Term Months (Estimate)] To Public Officials (!)for license ($ NIA_), title ($ 22 60 )- registration ($ 16.00 ' ) feces $ J/ A ; '^ +' s,a,•: ,,; ,• 'C1C?ediirE liee^ `P r' "'d«' •[str r+?t:,ns} nn+f r +e lnsUierst tr (Ii) for filing fees $ G 00 $ =!?if nn hr :,r t,. i • t:+, (iii) for taxes (not in Cash Price) $ X722 3 $ - -835.6 it M iP r n ItiSUf!@d(r) ; To for Messenger Service ................ $ _- A III vl t,!: t,l•?. .,rlr ,rte +: . ttatUre s),,. :Si To FORD for EXT WARRANTY $_1074 BA g To- DEALER for DOC FEE $?ra1a'?0 To STATE OF PA for: IN LINE REG $N;,; Total ....................... ........ ... _.................................................. $ IOcA o7 (4) .oi Cedit ?? tt n. t`ti ?Dsablllty rip . rS.?Am Financed (3 plus 4 .......................................... .. ....... $.1326a-62-- (5) ure? IttS ? .11r; ?rlff'1 ?r? yn?irrea - . . .•_ ' eH. toy ri. i 'hdn ?l -(ffi '-??,ANNUAL. FINANCE 1 AR L Amount' " -l" Fi d 'Total of Pa m t Total Sale P i PERCENTAGE CH G nance y en s r ce T' .' RATE The dollaramoun( The coat of your the credit will credit as a yearly rate cost YoV The smount of aZ.I provided to yce r on your , behalf The amount you will have paid when you have made all scheduled The total cost of your purchase on r edit, including your do n t •?,n)rie • 1rw.ort1W Or•,t+,I<,. •,i? l: R++b elrni ?.,v ;'j , 9' 1 ' ?{ su . Term , 'tIn ? i f t T m nts a w p,?3 Of$ bu emu ' t Ilk ?' n r ! yirtr 21.00 a? $ : 8451. b8 32y?_ b3. b2 y e p g 2111 S. 20 -- - $ 22215.20 f a ingr(,d106 r war- I ( i t10+1WO Oil. it>fi 10')V: ea 1.) l tr .E atrif:4,kiT n r g, °+. ;;:v+. ip 9:r , a u,• ` ' Cradlt Life and Credit Disability insurance are " t w,, ? s yla for the term of the contract. The amount and veal b0: 1 K r.'t4 ,j•• ? n,• ,r ? ,.?._ v_„ ? ?'"?t{ ? [nr. ? ,art 01 ?001 ? >? •; I r coverages are shown In a notice or agreement elver to you today. ' f . f', ... • ? j " You must Insure the vehicle. If a charge is Y 3.''. t , ' shown below, the Creditor will try to buy the coverages checked for the tern shown. Cov s will be based on the cash value of ? . e the vehicle at time of loss but not more than 7 , the limits of the olic i , -`, ( z,: 4• y. p O 0 f Comprehensive %/A- Deductible Prepayment: If you pay of your debt early, you will not have to pay a penalty. Collision Late Payment: You must pay a late charge on the portion of each payment received more _ _• •, ;than 1n dove la,w The rh?mn 7 _. .. _ _ `/ t / ; • .; ?mor.•;U!1,)iNrmngraesi 10 OU "'-r t,Qll) for taxe%(nol in C.,ps),y Edge) $ $ -- 83758? To Y'rfer Messenger Service ................ $ i To FORD for EK WARRANTY $ _107.4_0 _.__.,To-Df-AI-ER for-, DOC FEE. $__ &G-00 To106TATE OF PA !'for ON LINE REG $ N/A fal ; 'li . o ,r , . .? ........................................... $ 1-1994 27 (q) I. T „- 1 t Financed (3, pips 4 . .......................... $ r » c??ot- - (5) 3-ANNUAL FINANCE I I• ' Am6unt' ` Total of Total Sale PERCrENT`AGE CHARGE Financed Payments Price RATE The dolliir amourn The amount of. The amount The total cost The cost of your the credit will " credit prmmded you or on your you will have paid when you of your purchase on credit, credit as .a yearly rate cost yal, .,.. behalf have merle all Including your scheduled payments down yment of $ 540.00 a> . oo ye $ 8451 68 113263: 62 $ 217 t f;. M $ 22215.20 { II evil 4: 0 at dui ?'1 r>. IM ? 20 2 00 T t? ?4 l F Prepayment: If you pay off your debt early, you will not have to pay a penalty. Left Payment You must pay a late charge on the portion of each payment received more than 10 days late. The charge is 2 percent of the late amount or $50.00 whichever is less. Security Interest: You are giving a security interest in the vehicle being purchased. Contract: Please see this contract for additional information on security interest, nonpayment, default, the right to require repayment of your debt in full before the scheduled date, end prepayment penalty. . , .__- "t COMM atmcwrn In t?me ebgve ews (cr I??a,paY?!!? applies, the vehicle purdmtadrtl t a lees lfmaim 1S,Ob0pourhds. ;.lf;lf>m velb?ycu txxC has a gross vehiailaf wai?FiC cf 15. oliI916, fatty rrAl a Im1tB' Oh Ifia poPtion bf each peyrmmerrt received ERmdA'th'R 10CIAL d9(s lstb `TbA aT th91et6'ambuntor S5a t Fdeliever b lees: " v d you do not meet your oonpact obllgmbr)S you may, lose tira.nntmlda that you are firmarmdng under this mntiacd, as -W 4P(h. s gnrha uei,kie earl morays g nr ym pX s,e uyI''ae.. NON-UnDIFICATION DISCLOSURE Any change is gyruvt be Ill qTY and signed by you and the Creditor. CO-BUYER: Do not sign this contract in blank. K y of the contract you sign. You ar"ntitieedd tan n? cop to qf' o I rights. c BUYER SIGNS (CO) BUYER SIGNS r? ?J ? uf'rerniu, u' ,nylnW eq(S), Gre R y o «rn d4 ?pisabdlty Intu'tar RIM n9?ilre :d ?-r----- ? ype of insur?nce? Term Sm il:'h' FPF ?61F,.,.,,. InSli??Brr w, r•? ,,, rretrtNrn awre! Ann - 11 r-" Credit Life and Credit Disability insurance an for the tern of the contract. The amount ant coverages are shown In a notice or agreamem given to you today. You must Insure the vehicle. If a charge is shown below, the Creditor will try to buy the coverages checked for the term shown Coverages will be based on the cash value o+ the vehicle at time of loss, but not more thar the limits of the policy. ? Comprehensive C] MJA-.__ Deductible Collision ? Fire- Theft-Combined Additional Coverage ? Towing and Labor ? Term ??._.. Months (Estimate) e{ a` Ford Credit ' :C1 PLEASE CALL US AT 1-800-727-7000 00-001 Buyer ackn a of nd completely filled in copy of this contract at the time of signinc By wgning pfll asWg ?m *lMr this contract the Setter g ?FM e Wriamed In a separate r ny. 11 ? ? [?I Ii1s - l ITT y O,0 Q ,M, I NC By BRANCH COF FC 17637-Si Oct Do (PwIDw eanom may NOT be mad.) SEE BACK FOR ADDITIONAL AGREEMENTS i A. 'payments and-'summary- Notice: ' You must make an pdyments when they are due(a+y W1 pr yodr debt'af anti time without penalty. This is a su?pppple Interest contract. The actual finance charge you agree W'pay will depend on your payment patterns. The actual financetbhargdmay'ezceed the digclosed Finance Charge if you; make[ your payments later than the scheduled dates orrln less tharr the- scheduled amount. The, Creditdt'iA"ppVsio)*'iayrh6rits'TiitfYo th6P®6ined and unpaid" "part'nFtBit?'1 itigfif Z;ffarge'ar9tfTFiefi'to tfid Amodnt Financed Thsi.Creditor saris tbe_Finance Charge by.:applying the Annual Percentage P2 te,fo.thQ unpaid Amount Financed for the actual time the unpaid Amount Financed is outstanding. If the vehicle is repossessed;?ou, will-not have.a right'to reinstate the contract unless 4h9•'6ker18es. B `Set rib?Ilriberest??'ou give the Creditor a security interest in: 1. The vehicle and all parts or other goods put on the vehicle; I F 2. 9411rr1r?rleyJVdoWs received #& the vehicle; and 11 Airinsuramb Ii OWL)ms and service contracts financed for you. This secures paymentlof all amounts you owe in this contract. it also secures your otheyegreements In. this contract. C. Use of Vehicle - WARRANTIES You must take care of %ehilcle?pnd.QbeY l laws in using It. You' may not sell or rent ?ek ler'afld t keep tt fred56m the claims of others. Ya wi 52t'ti13e` df'pet(rtit the usd'Ahe vehicle outside of the 'l@hVd1states0,46xcept* up to 3d"?d?ajre in Canada or Mexico, - wdhouf:t'pnOR NMttilikohsent"Rt A`111reditor. If the vehicle is of a type normally used for personal use and the Creditor, or the vehicle's manufacturer, extends a written warranty or service contract covering the vehicle within 90 days from the date of this contract, you get Implied warranties of merchantablllly and fitness fora partleula( purpose covering the vehicle: ,Otherwise, you understand and agree that there are no such implied warranties. D. Ir{lsli ic6i'?You must insure'!' l iself and the Creditor against loss or damage to the vehicle. The Creditor must approve the type and amount ofIfturance. If the Creditor obtains a refund on trisurance or service contracts, the Creditor will subtract the refund-from what you owe. Whether or not the vehicle is Insured, you must pay fork If it Is lost, damaged, or destroyed, r??if! If a charge for vehicle insurance is shown .op the. front,. the Creditmwil( by to buy the ooveragerchecked for the term shown. The Creditor is not liable, though, If he cannot do so. If these, coverages cost more, than the amount shown for insurance, the Creditor may buy them for a shorter tens or he may give you credit for-the amount shown. If he cannot buy any insurance, he will give you credit for the amount shown. The' credit will be made to the last payments due. E. Late Charge: You will haveho pay a late charge bn the pf reach payment made mote than ten days late. The 19'shown on the frbnt.' Aamptance of a late payment does not excuse your default or mean that you%lwn keep making payments after theyrarp.due. The Creditor majitake the steps,rset forth in this contract, if there is a?Iy default. 1 ?. twit" ,,.f, _fl! „ ?. Is _ f yud of ?c Ili,- i•r. ., i nwr:!c ^. nrg1 erl) •rl h%Arspsnevo3 ••,IFV riaso or" nn I— "1 n1 :. -•apnlev0o i ginm rnn fud ,e-, , er,:) •,to{dev e41 . ,.,ilaq - :• ?? 2timil cult vii P.&O ,pn ?•rn'? IF-0-libA h•, ,,?:Imo.)-i)^dT -eiH ? I F. Default: You will be in default if: 1. You do not make a payment when it is due; or 2. You gave false or misleading information cn your credit application relating to this contract; or 3. Your vehicle is seized by any local, state, or federal authority and is not promptly and unconditionally returned to you; or 4. You file a bankruptcy petition or one is filed against you; or 5. You do not keep any other promise in this contract. If you are in default, the Creditor may require you to pay at once the unpaid Amount Financed, the earned and unpaid part of the Finance Charge and all other amounts due under this contract. He may repossess (take back) the vehicle, too. He may also take goods found in or on the vehicle when repossessed and hold them for you. If the vehicle is taken back, he will send you a notice. The notice will say that you may redeem (buy back) the vehicle. It will also show the amount needed to redeem. You may redeem the vehicle up to the time the Creditor sells it or agrees to sell it. If you do not redeem the vehicle, it will be sold. The Creditor will use the money from the sale, less the allowed expenses, to pay the amount still owed on this contract. Expenses paid as a direct result of having to retake the vehicle, hold it for sale, and sell it are, as permitted by law, allowed expenses. Lawyers' fees and legal costs permitted by law are allowed, too, The Creditor will pay you any money left (a surplus). You will pay any money still owing after the sale to the Creditor. If you do not pay this amount when the Creditor asks, the Creditor may charge you interest at the highest lawful rate until you pay. G. General: To contact Ford Motor Credit Company about this account, call 1-(800) 727-7000. The law of Pennsylvania applies to this contract. If that law does not allow all of the agreements in this contract, the ones that are not allowed will be void. The rest of this contract will still be good. NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT 'TO 'ALL r CLAIMS AND DEFENSES WHICH THE.-DEBTOR COULD ASSERT AGAINST THE SELLER OF " GOODS OR SERVICES OBTAINED :'PURSUANT HERETO OR WITH 'THE PROCEEDS HEREOF. RECOVERY HEREUNDER-BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Used Motor Vehicle Buyers Guide. If you are buying a used vehicle with this contract, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION' YOU SEE ON THE 'WINDOW FORM • FOR THIS' -VEHICLE IS_PART OF THIS CONTRACT. -INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS ' IN THE CONTRACT OF SALE. n,. Y' r ?,- f I ,???, 11,°?? n Inc - - i,•_ ? , '_;t? • to this contract. IF tnat law does not allow all 01 the agreements D, Inil?itllbM??'ZYou must insutrbltrself indithe Creditor against in this contract, the ones that are not allowed will be void. The _9loss or_ UD? ice-LThe Creditor must approve the rest of this contract will still be good. type and a d ee. If the Creditor obtains a refund on prance cts,-the Creditor will subtract the refund from-imhat-you-owe: ether or not the Vehicle is .Insured, you must pay for)I lfIt Is lost, damaged, or _dsstroyed.':--- - --- loiua?,; If a charge for vehicle insurance is shown on the front,..the Creditor wil¢try to buy the coverages checked for the tern shown. The Creditor is not liable, though, If he cannot do so. • If these. coverages cost more. than the amount shown for insurance,' the Creditor may buy fhem for a shorter term or he may give you credit for the amount shown. If he cannot buy any insurance, he will give you credit for the amount shown. The credit will be made to the last payments due. E. Late Charge: ltou will have to pay a late charge on the ppo? of each payment made more than ten days late. The ct? Is'shovm on tltd'frbre Acceptance, of i late payment does not excuse your default or mean that you can keep making - payments after flue. The Creditor may take the steps.rset ; `forftt in this C?Op((11 j r? is as default. bs& 91a BDn6?i.?m v11IM1as.1 1 91,1 bns fnuor- Brr! .,.e+tnon Brit `n -na) n1N 3 m,•,mn, 'GUARApTY- To caus6TU 5611166 b sell the vehicle described on the front of 1)ds Corftrak to ttto fiuyer; ori;credH "et N` iAt n }Nhd signs below as a "Guarantor" guarantees the payment of this contract. This means that if the Buyer fails to pay any money that is owed on this lZ a guaran tor will pay it whenasked: Each person who signs below agrees that he will be liable for the or more other persons also signs this Guaranty, He also agrees to be liable even if the Creditor does gives the Buyer more time to pay'one or more payments, or (b) gives a release in full or in part to c) releases any security:' Each Guarantoii also states that he has received a completed copy of this time of signing. Address uaran - Address st "r op .AW be used.) - NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE 'DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER-BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Used Motor Vehicle Buyers Guide. If you are buying a used vehicle with this contract, federal regulations may require a special Buyers Guide to be displayed on the window of the vehicle. THE INFORMATION' YOU SEE ON THE WINDOW FORM"FOR THIS VEHICLE IS-PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY.•CONTRARY PROVISIONS IN THE CONTRACT OF SALE. i. R! t-pell fit -'y ant VU0 ,-t rl ili? ,•I:?b4Y) o!f led r .nw,r!a r??l Bit) ,oi boA--grlo aepa,evoo to n,dcv rtaaa edit no beaatl ri 11Iw Reps ,•voZ) `• nnr,t ainm Ion tud awl M or, l !' d?idw 4,11 ` •??quq a'p', Min.ll .dl ? 1 nolaill<l 1 ' i .r -) IrmfihbA bomdmnJ P"T p: Cl 1 1 -91, ,odn l I''ne gm,,o' ? U gn m,4 r7 I tr.. , c !a'+nlm Yl,i,_ :j 2U '-n - t..t1n ,., of % FC 17637-SI OCT 00 0 0 VERIFICATION The undersigned is an authorized agent of the Plaintiff and verifies that the facts and statements made herein are true and correct based upon my knowledge, information and belief, and are based upon and have been obtained from a review of the facts and information contained in the business records of the Plaintiff supplied to us by Plaintiff. Counsel has signed the verification as a matter of time and convenience. The verification of the party will be provided if requested. The statements are made subject to the penalties of 1S Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: February 15, 2006 Gregg L. Morris, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff I JACOB L. CASSELL, Defendant FILED ON BEHALF OF: JACOB L. CASSELL, Defendant DEFENDANT' S ANS WER TO PLAINTIFF'S COMPLAINT CIVIL ACTION LAW DOCKET No. 2006-958 , COUNSEL OF RECORD: MICHAEL O. PALERMO JR., ESQUIRE Supreme Court ID# 93334 ROMINGER & WHARE 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 PLAINTIFF'S IBIT E C: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. CIVIL ACTION LAW JACOB L. CASSELL, DOCKET' No. 2006-958 Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. Strict proof of the same is demanded at trial. 5. Admitted. 6. Admitted. 7. Denied. Strict proof of the same is demanded at trial. 8. Denied. Strict proof of the same is demanded at trial. 9. Admitted in part; denied in part. By way of further answer, it is admitted that Plaintiff calculated early termination charges. Strict proof of the terms and the propriety of the sale of Defendant's vehicle are demanded at trial. 10. Denied. Strict proof of the same is demanded at trial as Plaintiff's fees are grossly disproportionate to the relief sought. 11. Admitted in part; denied in part. It is admitted that Defendant failed to pay. It is denied and strict proof of the same is demanded at trial for the amount Plaintiff seeks to recover. WHEREFORE, the Defendant demands judgment in his favor, and against the Plaintiff(s) without any costs. Date: 3 Q to Respectfully submitted, ROMINGER & WHARE Michael O. Palermo r., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant t -' 0 • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. JACOB L. CASSELL, Defendant CIVIL ACTION LAW DOCKET No. 2006-958 CERTIFICATE OF SERVICE I, Michael O. Palermo Jr., Esquire, attorney for Defendant, do ;hereby certify- that I this day served a copy of the Defendant's Answer to Plaintiff's Complaint upon the following by first class mail: Date: Gregg L. Morris, Esquire 213 East Main Street Carnegie, PA 15106 Respectfully submitted, ROMINGER & WHARE Michael O. Palermo r., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. CIVIL ACTION LAW JACOB L. CASSELL, DOCKET No. 2006-958 Defendant ATTORNEY VERIFICATION MICHAEL O. PALERMO JR., ESQUIRE, states that he is the attorney for Jacob L. Cassell, Defendant, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: /.2E Michael O. Palermo , Esquire Attorney- for Defendant • 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff, V. JACOB L. CASSELL, Defendant NO. 2006-958 r- REQUEST FOR ADMISSIONS ADDRESSED TO DEFENDANT Filed on behalf of: Ford Credit t/d/b/a Ford Motor Credit Company, Plaintiff You are hereby notified to plead to the enclosed Request f Admissions withi?30 ays fro s ice hereof or a default judg erg b entered against Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude: & Felix, A.P.C. 213 E. Main Street Pittsburgh, PA 15106 (412) 429-7675 PLAINTIFF'S E IBIT 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, NO. 2006-958 Plaintiff, V. JACOB L. CASSELL, Defendant. REQUESTS FOR ADMISSIONS ADDRESSED TO DEFENDANT You are hereby requested to admit the following, for the purposes of this action only, pursuant to the Rules of Civil Procedure. You are directed to file a sworn answer to this request in compliance with the Rules of Civil Procedure within thirty (30) days after service of this document. The Plaintiff is as identified in the caption of the Complaint in Civil Action and filed at the above number and term and incorporated herein by reference. 2. The Defendant is as set forth in the caption of the Complaint in Civil Action and incorporated herein by reference. The Defendant agreed to purchase the vehicle or item of merchandise more specifically set forth in Plaintiff's records and annexed to the Complaint in Civil Action as Exhibit "A" 4. The Retail Installment Contract (hereinafter "Contract) signed by Defendant is annexed to the Complaint in Civil Action as Exhibit "A" and is attached hereto as Plaintiff's Exhibit "A" and incorporated herein by reference. 0 0 5. Defendant received the vehicle referenced in the Complaint in Civil Action. 6. The prices charged by Plaintiff were those which Defendant agreed to pay. 7. The prices charged by Plaintiff were fair, reasonable and market prices for the item at the time the vehicle was delivered or received by Defendant. 8. Defendant defaulted by failing to make payments as provided for by the terms of the Contract. 9. "Notice of Our Plan to Sell Property" was mailed to Defendant at his last known mailing address by regular and certified mail on or about July 14, 2003. A copy of the Notice is attached hereto and collectively referred to as Plaintiff's Exhibit "A" and incorporated herein by reference. 10. The vehicle was sold at auction on or about September 8, 2003 and a copy of the Manheim Auto Auction receipt is attached hereto as Plaintiff s Exhibit "B" and incorporated herein by reference. 11. The proceeds from the sale were deducted from the outstanding balance due. 12. A Statement of Sale was mailed to Defendant at her last known mailing address on or about September 11, 2003 . A copy of the Statement of Sale is attached hereto as Plaintiffs Exhibit "C" and is incorporated herein by reference. 14. There remains an unpaid balance due for the aforesaid vehicle. 15. The unpaid balance is set forth on the Statement of Sale attached hereto as Plaintiffs Exhibit "C". • • 16. The unpaid balance due is as more fully set forth in the prayer of the Complaint in Civil Action and which has been incorporated herein by reference. (412) 429-7675 A.C. Systems & Services Technologies, Inc. i Systems & Services' P.O. Box 39 9 - Ieseph, 64503 Phone: 80089-8001 Jacob L assell 22 N Hig St Newville, A 17241 logics, Inc. ' 716D 3981 9844 3 75 9839 r ate of epo, :session 7/12/2D-03 ate /14/2 3 Date o /S r? jct ccoun um er 673 1 Buyer Jaco L Cassell Cobuyer =CRiPT ON OF PROPERTY Yea 1997 Make MERCURY New X Use elc? ? 16110 Model COUG R X o y NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above be use you broke promises in our agreement. PRIVATE SALE: We will sell the pr erty described above at PUBLIC SALE: We will sell the property de cribed above at © private sale sometime after 15 days om the Date of Notice public sale to the highest bidder on the date below (or any shown above unless redeemed by y u prior to such sale, adjournment date). The sale will be held as follows: property is redeemed as set forth in is notice. I 1100Lanc-ster Rd Manheim, A 17545 The money that we get from the sale ( er paying our costs, Notice of Reposses sion including reasonable attorney's fees an legal expenses if permitted The property is presently 1190 Lancaster R d Manheim PA 17545 by law) will reduce the amount you ow If we get less money than stored at: HOW TO GET YOUR PROP ERTY BACK you owe, you will still owe us the differ ce. If we get more money To get your property back, Pay us this amo unt by certified check or than you owe, you will get the extra mo ey, unless we must pay it to money order before the vehicle is sold, someone else. Unpaid contract balance $11,276,62 You can get the property back at any fir a before we sell it by Plus costs: $195.00 paying us the full amount you owe (not st the past due payments), including our expenses. See How To G itemization of amount owing. To learn it Your Property Back for an a exact amount you must lus to Char es finance G ]r Reb te e l 50.00 pay, call us at the telephone number a ve, , ? ? ess nsurance re Ium a ate Total $11,471.62 If you want us to explain to you in writin how we have figured the (Plus expenses incurred if default at the ti me of repossession amount that you owe us, you may call u at the telephone number exceeded 15 days and less rebate recei d after the date of this above, or write us at the address above and request a written notice.) explanation. Your property won't be sold until 15 days after the date of this If you need more information about the ale call us at the telephone notice at the EARLIEST. After that you c n still get it back any number above, or write us at the addre above. time before it's actually sold. We are sending this notice to the followi g people who have an If you do, we'll have no further claim on it But the longer you interest in the property described above or who owe money under wait, the more costs (including repairs) y lu may have to pay. The property has been (or will be) ret rued to: Under our agreement with your dealer/origina creditor, the dealer/original creditor is to sell the property and pay you any money left after sale, you will pay it to the dealer/original creditor. F1 PERSONAL PROPERTY : Any personal property found in the vehicle may be reclaimed by you within the next 60 i with state law, by contacting this office, Thereafter, the personal property shall be disposed of accordingly. PAYMENTS: All payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are are that the mileage reflected on the vehicle's odometer is not accurate for contact us so that we can accurately report the vehicle's mileage. INSURANCE RIGHTS: If you don't w t to get your property back, call the insurance company or the dealer/origin, that any insurance has been cancelle You have a right to get credit for all premium refunds r J+-}) If you owe money or, in accordance Iny reason, please creditor to make sure FLCNOIPA1.RPT •47 FtCURY Cl f .;RITE FAN ?. 'i ANN CON)- N^TES- ?'r:E PFI "@_-MOTH L •aT UN FLUL,, I.D t,_;JT:5EFVICE ENGINE ;. NO R. B. ; NJ ; LIGHTSfL1tR14TSIL1: "OS,LIGHTS1 SALE ;SELLER. I. OR WE By USE OF OUR PLATE OR - ITHDRiZED SIGNATURE, HFF7EBV AGREE M PAY -- -- -- - - -- T E INDICATE LAND RULPFUCE ES a `te'- TH , `ABO E ` ta °Er•5i?leEDI,, TH i Ar o sual7 To ,12j 109971`+' '4I<R 01--'28 53 AGREEMENT ON REVERSE SIDE 'Z'. ST. J'__ I. 64303 513236$ 1000~SII 5ST!FI-IIkLANE ?EISG1,R;tER AU"L 5'L? INC FD S BCx ?G CLEARFIELDAPQ 1683(r - lSiIP*irR X ?-,1 PRINTED PURCHASER'S NAME X PURCHASERSSIGNAiURF PURCHASES MUSI RETURN SIGN ED COPY OF ODDMETER DISCLOSURE STATEMENT (FRoNT6 BACK OF Tin - IT MADE ON TIT LE To TRANSFEROR ISELI ER) OR RE SUBJFGT TD oIVIL 6 CRIMINAL PENALTIkS, INGLUDINn FINES AND JAIL TRM 11-lid-1 I W ABC. FR. 580.5(1) . DUICUIMI NOT VALID FUR EXPORT 1= L : 1 [S? Q ? ? 1945 tC71 NOT A RECEIPT OF PAYMENT ODOMETER DISCLOSURE STATEMENT Section 580.5 Disclosure Corm FEDERAL LAW (AND STATE LAW, IF APPLICANLE) REQUIRES THAT YOU STATE THE MILEAGE UPON TRANSI ER OF OWNERSHIP FAILURE TO COMPLETE OR PROVIDING A FAIL 5E STATEMENT MAY RESULT IN FINES AND/OR IMPRISONMENT ? (1) 1 hereby certify to the best of my knowledge the odometer reading rellects the amounl of mileage in excess of Its mechanicai limns. ? (2) 1 hereby certify that the odometer reading is NOT the actual mileage -WARNING - ODOMETER DISCREPANCY I'S f InG. I STATE THAT THE ODOMETER NOW READS I :. MILES (NO TENTHS) AND TO THE BEST OF MY KNOWLEDGE THAT IT REFLECTS THE ACTUAL MILEAGE OFTHE VEHICLE DESCRIBED HEREIN, UNLESS NOTED DIFFERENTLY ABOVE. For value received I hereby Sell, assign ur IIBAMer the -hOe dIHIVIbB6 on this DOC-aril Ic the purchaser named al I.N. TRANSFEROR'S SIGNATURE IS ELL FR) X PRINTED NAME OF IFIGNORI IF ?:CLERK ,. LICENSE N0. TAE BUYER PLEA5E CHECK ONE ? GLEAN D ROUGH ? A (T) (2) (3) NOTICE: • Do not re-purchase or tinanc without certificate of title. Auction retains security inter vehicle until good funds race ( Lights Legen3: 1_LItiu Imo: I ?? E S * *l9: MANHEIM AUTO AUCTION 1190 Lancaster Road, Manheim, PAA7545 ',;Phoq't4' (717) 6?5-3571 BIS P CJU COMARNY BACK I?PROGRAM COMPANY T` / r? •'-?'?¢?J? ?' ?7 J / f qy DATE YEAR MA M7d'DEL BODY STYLE COLOR ]7?J f ?j V.I.N. # MAA STOpGK{ #-? COMPANY STOCK # c ENGINE R TRANS. P.S. P.B. A!C FW ES TOP CC DRL 4X4 WT. MILES THIS IS AN ESTIMATE ONt INIT. 0,6nR INSTRUCTIONS HOURS AMOUNT 61 Inc. tiv.,rrn. A S"'I.r. 7irhnolnF:r.. Lu • • 7160 3901 9848 0848 8455 e ? MAILED VIA CERTIFIED# DATE BY STATEMENT OF SALE September 11, 2003 C co FD Jacob L Cassell 22 N High St ld Newville, PA 17241 Creditor/Secured Party: Fairlane Credit LLC Year Make Model Account Number 3673761 1997 MERCURY COUGAR XR7 VIN Number 1MELM621VXVH616110 Additions Deductions Balance Gross balance owing on your contract 11,478.68 Deduct: InsurancefWarranty/Rebate O.DO s Balance owing prior to sale 11,478.68 Deduct: Gross proceeds from sale 1,800.00 Balance less gross proceeds from sale 9,678.68 Add: Expenses of retaking and storing, and any attorneys' fees allowed by law, and expenses of reconditioning and selling. 433.50 PHYSICAL DAMAGE INSURANCE PAYOFF 000 Other Expenses 0.00 DEFICIENCY 10,112.18 The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses &. Interest added to your account (debits). Surplus - If the sale resulted in a surplus, a refund for the difference will be mailed to you. Deficiency - If the sales resulted in a deficiency, you should immediately remit the amount shown to the address for payments shown below. ? Uncollectable We cannot collect the deficiency shown. You are not liable for this deficiency. Deficiency ? Bankruptcy The surplus will be paid to the Bankruptcy Trustee for distribution in compliance with Surplus federal bankruptcy law. ? Bankruptcy The deficiency will be handled in compliance with federal bankruptcy law. If you have any questions regarding this balance, please contact SST Inc. at 1-800.789-8001 Mail deficiency payments to: SST P.O. Box 219913 Kansas City, MO 6412-9913 This is an attempt to collect a debt. Any information obtained will be used for that purpose. • VERIFICATION is I understand that false statements herein are made subject to the penalties of IS Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I do verify that [ ] I am the defendant in the above entitled matter [ ] I am an authorized representative of the Defendant in the above matter (having set forth my relationship with the Defendant in the spaces below the signature line which are incorporated herein by reference and that the facts set forth in the annexed Response to Plaintiff's Request for Admissions are true and correct to the best of my knowledge, information and belief. Name: Address: Telephone #: Title: 1, Gregg L. Morris, attorney for Plaintiff, Ford Credit t/d/b/a Ford Motor Credit Company, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael O. Palermo, Jr. Esq. Rominger & Whare 155 South Hanover Street Carlisle, PA 17013 Date: Pittsburgh, PA 15106 (412) 429-7675 tinorney ror riainnri 213 E. Main Street IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff V. JACOB L CASSELL Defendant(s) NO. 06-958 CIVIL TERM PLAINTIFF'S AFFIDAVIT Filed on behalf of. FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. 469006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PLAINTIFF'S HIBIT PA-98A P1ntfAff Retail Instal No. 2800.1811 STATE OF 417-044 COUNTY OF MAf 4GOp4 Barbara Ingram and states: PLAINTIFF'S AFFIDAVIT } ss: } Account Representative, being first duly sworn, deposes 1. Affiant is Barbara Ingram , account representative with FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY at 1335 S. Clearview Ave Mesa AZ 85208. 2. I am the representative of FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY and am authorized to make this declaration. 3. As of the date of this affidavit, I have reviewed the records of the above listed persons and Account Number 48047000000027030359, and the amount due and owing to FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY over and above all known legal set offs of $0.00 is $9,343.25, plus interest, costs and attorney's fees. 4. The account was more than Ninety (90) Days past due when the vehicle when Defendant voluntarily surrendered the vehicle on JULY 12, 2003 . 5. At all time relevant to the events set for herein, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY was in compliance with Pennsylvania and Federal Law with respect to repossession and sale of the motor vehicle. 6. Notice Of Our Plan to Sell Property was mailed to Defendant via Regular and Certified Mail at her last known address on. A copy of the Notice and Certified Mail Receipt PA-98A PlnffAffRetail Instal No. 2800.1811 addressed to both Defendants are attached hereto, incorporated by reference and collectively referred to as Plaintiffs Exhibit "A". 7. The vehicle was sold in a commercially reasonable manner. A copy of the receipt is attached hereto as Plaintiffs Exhibit "B" and is incorporated herein by reference. 8. The proceeds from the sale were deducted from the outstanding balance due. 9. On SEPTEMBER 11, 2003, a Statement of Sale was mailed to Defendants at their last known mailing address providing information as to the proceeds from the sale and indicating that there remained a Deficiency Balance in the amount of. A copy of the Statement of Sale is attached hereto as Plaintiffs Exhibit "C" and incorporated herein by reference. Before me, the undersigned authority, personally appeared, Barbara Ingram who being duly sworn according to law, deposes and says that the averments of fact contained herein are true and correct and does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, based upon the books and business Records of FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY. FURTHER YOUR AFFIANT SAYETH NAUGHT. DATED this day of feel . , 20 62V Sworn to and subscribed before me this o?o day of 20OP. Notary Public uTENJY A REYNt? o a 1, p, OTARY PUBLI(% ARIZONA FN FINAL COUNTY ,- 4y Commission Exp,res Ai ant Barbara Ingram PA 98A Plntf Aff Retail Instal No. 2800.1811 FRO, Systems & Services Technologies, Inc. Systems & Services Technologies, Inc. P.O. Box 39#9 St -seph, MP 64503 Phone: 800-189-8001 71613 39111 9844 3?75. ?&39 Jacob L assell 22 N Hig St Newville, A 17241 (? } l ... Date of epoi c ession 7/1 2003 Date /N & 3 Date 04 ? rb> c ccoun um er 673 1 Buyer Jaco L Cassell obuyer TESCRIPT ON OF PROPEM? ea 1997 Make MERCURY ew x use Vehici TOM 8 M 16110 model COUG R X o y NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above be use you broke promises in our agreement. © PRIVATE SALE: We will sell the pr erty described above at PUBLIC SALE; We will sell the property de cribed above at private sale sometime after 15 days rom the Date of Notice public sale to the highest bidder on the date below (or any shown above unless redeemed by y u prior to such sale. adjournment date). The sale will be held a follows: property is redeemed as set forth in is notice. 1190 Lane ster Rd Manheim, A 17545 The money that we get from the sale ( ter paying our costs, Notice of Reposses The property is; presently 1190 Lancaster R sion d Manheim PA 17545 including reasonable attorney's fees an by law) will reduce the amount you ow legal expenses if permitted If we get less money than stored at: HOW TO GET YOUR PROP ERTY BACK you owe, you will still owe us the differ ice. If we get more money To get your property back, Pay us this am ount by certified check or than you owe, you will get the extra mo my, unless we must pay it to money order before the vehicle is sold. someone else. Unpaid contract balance $11,276.62 You can get the property back at any ti a before we sell it by Plus costs: $195.00 paying us the full amount you owe (not st the past due payments), Including our expenses. See How To G To learn itemization of amount owing it Your Property Back for an a exact amount you must lusLa to Chr es Tess ?lnanceaJ Rebgt - 0.00 . , ass Insurance r lum ate ? pay, call us at the telephone number a ve, Total 511,471.62 If you want us to explain to you in writin how we have figured the (Plus expenses incurred if default at the t ime of repossession amount that you owe us, you may call u at the telephone number exceeded 15 days and less rebate receiv ed after the date of this above, or write us at the address above and request a written notice.) explanation. Your property won't be sold until 15 days after the date of this If you need more information about the ale call us at the telephone notice at the;EARLIEST. After that you c in still get it back any number above, or write us at the addre above. time before it's actually sold. We are sending this notice to the follow) g people who have an l-I If you do, we'll have no further claim on it But the longer you interest in the property described above r who owe money under wait, the more costs (including repairs) y ou may have to pay. The property has been (or will be) ret ned to: Under our agreement with your dealer/origin creditor, the dealer/original creditor is to sell the property and pay you any money left ver. If you owe money after sale, you will pay it to the dealer/original editor. ? PERSONAL PROPERTY : Any perso al property found in the vehicle may be reclaimed by you within the next 60 ays or, in accordance with state law, by contacting this offic Thereafter, the personal property shall be disposed of accordingly. PAYMENTS: All payments to us musgbe by certified check or money order. MILEAGE DISCLOSURE: If you are are that the mileage reflected on the vehicle's odometer is not accurate for any reason, please contact us so that we can accurately r port the vehicle's mileage. INSURANCE RIGHTS: If you don't w t to get your property back, call the insurance company or the dealer/origin I creditor to make sure that any insurance has been cancelle You have a right to get credit for all premium refunds FLCNOIPAI.RPT 2. Artide Number ? 46 9 A. FlMrVed tty (Plesu P"M 000Y) S. Dale of Delivery C. Signs ` 0 Agent 7160 3%1 9848 0846 6455 X U '`tldf°"' 0 is d ry addrsu ddlerent tram VA*f 17 _ _) Yu M YES. emer dotr"ry eddrsu DHOW Ej No 3. Service Type CERTIFIED MAIL <. ROStnded Delivery? (Extra Fee) Yes t. Arbclo Addressed to: 3673761 JACOB L CASSELL 22 N HIGH ST NEWVILLE PA 17241 3673761 LOS 35 ' PS Form 3811. July 2001 Domestic Return Receipt A- z A4t#$ '?? "4 "RtG"! 22 O ???? ? . , ?.e?,.: •' t.. ? ' 70.E a? rn sit El' :y ,?.-?gni Q rr w -its tA -M 04 o d W =m'.?ba+ 409 run tyi y( .. V 3 t7 y o "p tm ' -?$ M Cal ? r tit w? 164 sk; 11 At 46 401 rn. ?. .. " BjT'S t _ °=sue="t= - - - - - Inc. 7160 3901 9848 0848 84SS MAILED VIA CERTIFIED#_ DATE -BY- STATEMENT OF SALE September 11, 2003 7 Jacob L Cassell / 22 N High St C CC)," i Newville, PA 17241 Creditor/Secured Party: Fairlane Credit LLC Year Mahe Model Account Number 3673761 1997 MERCURY COUGAR XR7 VIN Number 1MELM62WXVH616110 Additions Deductions Balance Gross balance owing on your contract 11,478.68 Deduct: Insurancc/Warranty/Rebate 0.00 r _ Balance owing prior to sale _ 11,478.68 Deduct: Gross proceeds from sale 1,80[1.00 Balance less gross proceeds from sale 9,678.68 Add: Expenses of retaking and storing, and any attorneys' fees allowed by law, and expenses of reconditioning and selling. 433.$0 PHYSICAL DAMAGE INSURANCE PAYOFF 0.00 Other Expenses 0.00 . DEFICIENCY 10,112.18 The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & Interest added to your account (debits). Surplus - If the sale resulted in a surplus, a refund for the difference will be mailed to you. Deficiency - If the sales resulted in a deficiency, you should immediately remit the amount shown to the address for payments shown below. Uncollectable We cannot collect the deficiency shown. You are not liable for this deficiency. Deficiency Bankruptcy The surplus will be paid to the Bankruptcy Trustee for distribution in compliance with Surplus federal bankruptcy law. [j Bankruptcy The deficiency will be handled in compliance with federal bankruptcy law. If you have any questions regarding this balance, please contact SST Inc. at 1-800-789-8001 Mail deficiency payments to: SST P.O. Box 219913 Kans This is an attempt to collect a debt. Any inform PLAINTIFF'S - [BIT E L L2 I, GREGG MORRIS, attorney for Plaintiff, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY , hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael O Palermo Jr, ESQ. 155 South Hanover Street Carlisle, PA 17013 Date: PA 65 Certificate of Service Gregg L. Morris, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 P&F File No 2800.1811 • W, I, GREGG MORRIS, attorney for Plaintiff, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael O Palermo Jr, ESQ. Attorney for Jacob L Cassell 155 South Hanover Street Carlisle, PA 17013 Date: 10 U - Carnegie, PA 15106 (412) 429-7675 PA 65 Certificate of Service P&F File No 2800.1811 213 E. Main Street S t ... .. -.? "+. is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. CIVIL ACTION LAW JACOB L. CASSELL, DOCKET No. 2006-958 Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT AND NOW comes Defendant, Jacob L. Cassell, by and through his counsel, Michael O. Palermo, Jr., and in response to Plaintiff's Motion for Summary Judgment avers as follows: 1. Admitted. 2. Admitted. 3. Statement of law to which no response is deemed required. 4. Admitted. 5. Admitted as Plaintiff and Defendant were attempting to resolve this matter amicably. 6. Admitted. NEW MATTER REASONABLENESS OF ATTORNEY FEES 7. Previous paragraphs are incorporated by reference. 8. Plaintiff requests attorney fees in the amount of $3,000.00 as a result of "Defendant's Default in an Installment Contract". 9. Defendant avers that this boilerplate request for attorney's fees is not reasonable and should summary judgment be granted in favor or Plaintiff, that said fees be reduced to a reasonable amount by this Honorable Court. WHEREFORE, Defendant respectfully requests the request for attorneys fees requested in Plaintiffs Motion for Summary Judgment be reduced to a reasonable amount of $500.00. Date: ` 2aaS ROMINGER & ASSOCI M4ES Michael O. Palermo Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/dlb/a FORD MOTOR CREDIT COMPANY, Plaintiff V. CIVIL ACTION LAW JACOB L. CASSELL, DOCKET No. 2006-958 Defendant CERTIFICATE OF SERVICE I, Michael O. Palermo Jr., Esquire, attorney for Defendant, do hereby certify that I this day served a copy of Defendant's Answer to Plaintiffs Motion for Summary Judgment upon the following by first class mail: Gregg L. Morris, Esquire 213 East Main Street Carnegie, PA 15106 Date: Respectfully submitted, -f ',tog ROMINGER & ASSOCIATES 9-%0a4 &,- Michael O. Palermo Jr., uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Defendant ? -ra cfe N jz tom, ? , N 0- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT /DB/A FORD MOTOR CREDIT COMPANY NO. 06-958 CIVIL, TERM Plaintiff V. JACOB L CASSELL Defendant(s) PRAECIPE FOR ARGUMENT Filed on behalf of: FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-1 58 Praecipe for Appearance P&F File No. 2800.1811 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Ord ey-edi4- eld/b/oo OrPdi-t 6" y vs. 0-teob L . duLsseI j No. -Voe)LO , 9W Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): A,., , , /I qc? -T-- If 2. Identify all counsel who will argue cases: (a) for plaintiffs: P?f tsM (Name and Address) (b) for defendants: / J741 (Name and Address) 1S_S So";eb llQrw&" SCI &d L,'S ?L90W 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: NC?l?P bet- 1? Date: ,01-/ Signature 'Mom' Print your ?? ? Lrr Attorney for INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. . I, GREGG MORRIS, attorney for Plaintiff, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael Palermo Jr, Esq. 155 South Hanover Street Carlisle PA 17013 Date: October 01, 2009 regg L. Morris, Esquire atenaude & Felix, A.P.C. L3negie, E. Main Street PA 15106 (42j 429-7675 1 PA 65 Certificate of Service P&F File No 2800.1811 FILEI}- r?C:E OF THE P-PO- n ,' OTARY 1009 OCT -5 P 2: 4 9 6 s?iT .:111d6? 'iF Z&.;LVA '?,(Ja'? .i 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff V. JACOB L CASSELL Defendant(s) NO. 06-958 CIVIL TERM PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Filed on behalf of. FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_ 170 Prcp Disc w/o Prjdc P&F File No. 2800.1811 .0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JACOB L CASSELL Plaintiff V. Defendant(s) NO. 06-958 CIVIL TERM PRAECIP TO DISCONTINUE WITHOUT PREJUDICE TO: Prothonotary Please discontinue the matter captioned above without prejudice upon payment of costs only. Thank you. FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY A.P.C. Date: November 11, 2009 Sworn to and subscribed before me this day of AJOV , 20Q. Notary Publi • COMMONWEALTH OF PENNSYLVANIA Notarial Seal Carolyn J. Stewart, Notary Public Carnegie Boro, Allegheny County My Commission Expires Aug. 14, 2011 Member, Pennsylvania Association of Notaries PA_ 170 Prcp Disc w/o Prjdc Greg . M is, Esquire 21 Ma' Street egi A 15106 (4 21 9-7675 P&F File No. 2800.1811 I, GREGG MORRIS, attorney for Plaintiff, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: Michael Palermo Jr, Esq. 155 South Hanover Street Carlisle PA 17013 Date: November 11, 2009 Gregg L. Morris, Esquire Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA-170 Prep Disc w/o Prjdc P&F File No. 2800.1811 FILET: 1C H' 7 ^ r L 11, 1?3? 2009 NOV 16 P 3: 0 1 I ii-MY