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Home My WebLink About06-1962ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. SUSAN M SHELL 6332 Chesterfield Lane Mechanicsburg, Pa 17055 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice arc 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 wanted that if you fail to do so the case may proceed without you and a j udgntent may be entered against you by the court without further notice for any money claimed in the complaint or for any otter claim or relief requested by the plaintiff You may lose money or property or other rights important to you. Defendant(s). Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. (DIC, - 194"k Of OF CIVIL ACTION COMPLAINT AVISO To ban demmndado a tried en la carte. Si rested ratere defenderse de estas demandas expuestas en has paginas siguientes, usted lime veinte (20) dias do phazo al parlir de la fecha de la demanda y la notification. Have falla asemar una comparencia escrim o en persona a con to abogado y entregar a la carte en burns escrita sus defenses o sus objeciones a has demandas en contra de so persona. Sea avisado que si rested no se defiende, la torte tomam medidas y puede conlintar la demanda en contra soya sin previo aviso o notification. Ademas, la cone puede decidir a favor del demandanlc y requiere quc anted cumpha con lodes las pmvisiones de esta demanda. Used puede perder diner, o sus pmpiedades u ones derechos importances par. rested. YOU SIIOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE ['LEGAL HELP. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O FLAME FOR TELEFONO A LA OFICINA CUYA DIRFCCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. SUSAN M SHELL 6332 Chesterfield Lane Mechanicsburg, Pa 17055 Defendant(s). ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 9G Z, Clc?rh CIVIL ACTION COMPLAINT 1. Plaintiff, Ford Motor Credit Company, is a Corporation with its place of business at P.O. Box 6508 Mesa, Az 85216-6508. 2. Defendant, Susan M Shell, is an individual who resides at 6332 Chesterfield Lane Mechanicsburg, Pa 17055. 3. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 4. On or about September 26, 2003, the Defendant(s) entered into a written Motor Vehicle Retail installment Contract, (hereinafter referred to as the "Contract"), for the purpose of obtaining financing in the amount of $21,709.40 at an annual percentage rate of 0.000%, in order to purchase a certain motor vehicle, 2003 Ford Ranger more particularly described in the Contract (hereinafter referred to as the "Vehicle"). A copy of the Contract is attached and marked as Exhibit A. 5. Pursuant to the Contract, Defendant(s) was required to make monthly payments in the amount of $301.51 for a period of 72 months until the loan was paid in full all as is more fully set forth in the Contract. 6. Defendant(s) made monthly payments until May 26, 2005, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 7. As a result of the default by Defendant(s), and pursuant to the terms of the Contract, the above-mentioned vehicle was repossessed and a notice of repossession was sent to the Defendant(s) giving the Defendant(s) the opportunity to redeem the Vehicle as well as notice of the sale date. A copy of the notice of repossession and notice of sale date are attached and marked as Exhibit B. 8. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit given to the Defendant in the amount of $12400.00, however a balance of $3544.89 is still due and owing, and a notice of the deficiency balance was sent to the Defendant. See copy of the notice of the deficiency balance attached and marked as Exhibit C. 9. Pursuant to the terms of the contract, Defendant is required to pay all amounts due and owing, including any balance that may remain after the sale of the vehicle, and the Defendant failed to do so, thereby in default of the Contract. 11 The total amount due and owing at the time of the filing of this complaint is $3544.89. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $3544.89, well as any additional costs that may accrue and such other and further relief as this Court may deem equitable and just. r submitted, & NEEPII MAN, P.C. ESQUIRE Attorney for VERIFICATION I, THOMAS R. DOMINCZYK, ESQUIRE, verify that I am the Attorney of record for Plaintiff, FORD MOTOR CREDIT COMPANY, and duly authorized to make this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. BY LIRE DATED: March 2, 2006 eENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE 09/26/0. ewer lens co.awa) Nun ud AameM nrauairq Taunts ea zo Cat) cREOna+(s.lbr Nun. rm Addrxa> U 2007 SUSAN M SHELL LAKE FORD/LINCOLN/MERCURY, INC. 6332 CHESTERFIELD LANE 429 SOUTH MAIN STREET MECHANICSNURG PA 17066 LENISTONN,PA 17044 ; !'%33a H?o you, me awx ? caauyw. n mM Robl W FrM'tl,wn 0ela.b W bramaenria. m. n.,e.:a won d su..mew ITEMIZATION OF AMOUNT FINANCED 1. Cash Poo. ....... ........ ........... ................._........._......._..................... ...... a 1709.})_ (1) 2. Down PeYment Third Port' Rebrb Assigned to Creditor._ .......................... S?ggg?g Cash Down Psymi............- ..................... .._................... ........ S_-3600, go Trade-ln $ MIA,S R1R S-,9.-re Total Down Payment.... ...............................__..............__........ ........ S 46171111 nn (2) a. Unpaid Byes. of Crash Pi 0 mina.2)..-....................... ... .... a 4""1 (S) e. Amounts paid on Your Ni Ie(Sister hi W reirlit"R a po ox" of disease smounls) To lneunnw COmPrnbe Ii S xte - Crean Lifetnsuonu Ibn teen or CChUMh ...................... MI& .. $ MIA Credit DIasNIHy Insurance (tor lam of mntrea) .............. /A A bn tl u (ESlimete)I $ T _ [ eam - g p p 22.6q 6 To PUNIC ONcbls (1) lo y McMtP (a- a IS , registration (S 1 a $ III) for rani lase S 6.00 (a) In, lai (non In Cash Price) S ___j.4n..66 S ATr n3 To for Maavengr SerM ......_._.. ... F es: /A To WFYDEn UARREYTerr WFRn_Fn UAFRAYTY S--jQ64.D) Tel AYF rnRll ltYfD NNfMERQAC FFE F66.Q0 To PA DEPT DC RFn FYee __L1 TAR r rN S Tow ............... S 2600 03 Il ANNUAL FINANCE Amount Tohl o/ Total SAM PERCENTAGE CHARGE FlDSntsd Paymanta Prlu = I RATE lne mIW rrt,punt I TM stunt M Roan pnrvbe0 m TM eeLbs you new The r Roe, of sae P.un..e Tna. t or war wuean w M °u yauamypr psH Wwnyn ass, uedlt ae a yeeM We Y bheH hm mea a IrNhrODRYa,r ecnedubd aowee y!rret?l NumbN N Amaral N Exit Wlmt Farm mbm 3dIS01is Ey p Psymrnt . an du Ir payment sthedue $ 301.61 (Mai dar be. 1 Rnel S ..AMt?'1 NC ?c 3o?,F7 n sop pay on cur ab early. You Will not tens to pay a psnny. 1: You moat p?, 0 bb Crape Ch Oo portion of r sm payment retained more bb. Tna chary, is 2 Patent of ft isle stars or Milo wllidewr Is lees. mh You are pnAN a emudty interest in the whole berg W aChread. Ines ate this CVm w bra additional Imametion m setWry Interest, concerns Aoy c .ni In Cris BUTER: IL.`d ulM rY1. J'YIILVI S'.„pByYFR: YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CONTRACT. NOTICE TO BUYER Do not sign this contract In blank. You am entitled to an exact copy of the contract you sign. Keep It to protect your legal rights. Buyer (and Co-Buyer) acknowledge that (1) before TiQnlAthis contract, Buyer (and Co-Buyer) recelved an0 mV lam a uve a colpletely iillsd In copy of MIa contract and (11) at the time of signing this contract, Buyer and Co•Buyer) rase Y a true an comp eta y ruled in copy of this contract. BIIYEn nlba9 MONK BY epNrc belwr.tMLlY wbpbmb COn nor bnenadb• eWganna rlbbnM b this bnrMrra, h eel e?s? Tm ii v aDal.?E`d;dN(:+I?SNS.ule9/dISl1Sl11Jf', 1"ira ucx roe ApgmoxAL ADRENLENn YOU MAY OBTAIN VEHICLE INSURAN FROM A PERSON OF YOUR CHOICE. YOU ARE NOT REQUIRED TO OBTI CREDIT LIFE, CREDIT DISABILITY A OTHER OPTIONAL INSURANCE. TI CONTRACT WILL NOT INCLUDE TH UNLESS YOU SIGN AND AGREE TO F THE PREMIUM. THIS CONTRACT DOES NOT INCLL LIABILITY INSURANCE COVERAGE F BODILY INJURY AND PROPEI DAMAGE CAUSED TO OTHERS. ? creaA are ?y/p? Insurer S Premium InaurL?D(s) Slgrtalure cners o Dimlanry M Insurer JU S Pranlum Insured Signalure Eh- P0 ..0 Insurance Term S.??nsurer PremlurD re Ure Crean use eon Creole Cheri tnur.rrn an fa tlb tern of the cordr all. De smalYY sna cOwrapw an Blown in • nabe or earw , gNen m voR ma.y. Y. Met Inure the whI.w If • Charge 1a .hosehebw de Cntlnor sin my m bW the =uwnRe. MI oa lsNa E on?erwill nan.. f sti ft lines o11M a of k fall hat then 0 ramprshi I1i/S?_lsdU le ? Flrs TMIILOmblreaAJytlonar Covempe ? Tax4p. lehor ? T. MmMe(Eanmab) P,anium $ - ?oebt Detonation Welwr Addendum (opili N Nlr 1 re shasea you hew RIMVe] a mN arvle4on : m. N.. N the b opmw ma I r.wirw loamab .sal rh .4 fMI n ft aiMeCieedd aAaaagan arl Ie bastioned Into ode mrb t The past for men red Mtlrmn weds b at briar n as contain k. the heart. or Area. Furand under lied. 1. Program No. QUESTIONS? p PLEASE CALL US AT 1-800-727-7000 or vIW us al www.lordcredit.com mall OagINAL -PRN•^ Food War Credit Company P.O. Box 3076 COLUMBIA, MD 2100.58078 (80) mx730 P02WYA0020o029 SUSAN M. SHELL 6332 CHESTERFIELD LANE MECHANICSBURG PA 17055 Date of Repoeeession 09-Vi-21705 Data of Notice, Tale of Contract D9-1420` 7g-26-203 AccountNumber ' 035414931 Buyer SUSAN M. SHELL cowyer DESCRIPTION OF PROPERTY Yeer 200 Make FORD Q New ? Usetl Vehicle Identification Number: 45E93TAA813 rRANOR 4X 4 J NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you bake promises In our agreement, PRIVATE SALE: We will sell be property described above at private sale sometime after 15 days from the Date of No" shown above unless redeemed by you prior to such sale. PUBLIC SALE: We rill sell the property described above at public sak b the highest bidder on me dale babes Ise any adjournment date). The sale All be held as follow: Dab of Sala Tkne of Sale Plan of Sale -- You may aftend the sale and Bing blaosra it you want. ?- NOTICE OF REPOSSESSION The money that we get from the sale (after paying our costs, including reasonable attorney's fees and legal expenses if permitted by law) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You Can get the property back at any time before we sell It by paying us the full amount you owe (not just the past due payments), including our expenses. See How To Get Your Property Back for an itemization of amount owing. To learn the exact amount you must pay, Call us at the telephone number above. If you need more information about the sale call us at the telephone number above, or write us at the address above. If you want us to explain to you in writing how we have figured the amount that you owe us, you may Call us at the telephone number above, or write us at the address above and request a written explanation. We are sending this notice to the following people who have an interest in the property described above or who owe money uncle your agreement; 1) The buyer and any cobuyer named above; 2) Any dealer/original creditor named below; 3) If There are other people, they are named on an attachment sent with this notice. The property is presently stored at'. BEN RECOVERY BEN RECOVERY EYTEWPA NOW TO GET YOUR PROPERTY BACK To get your pmpedy back, pay us this amount by caddied! check or money order before the vehlde is sdc. Unpaid Balance $ leBazri; Plus Costs: Repo Expenses _ $ 1750 Plus Late Charges $ 24.12 Less Finance Charge Rebate $ Less lour... Premium Rebels $ TOTAL $ 16,791 91 (Plus experreea incurred if defeull at the time of repossession exceeded 16 days and lees rebate receNad after the date of this rallies.) Your property van't be sole until 15 days after the date of this notice at the EARLIEST. After that you can sit I get a back any time before it's achiauy am If you tlb, well have no further claim m R. But the longer you wad, the mac costs (IMJuaing recalls) you may have to pay. If You have any questions about this, pease cats us. ? The property has been (or Will be) retumed to'. Under our agreement aim your dealerloniptnal credger, the dealer/origin d cretlitor is b cell the ( er/ msdgw) property end pay you any moray left over. If you oent, re money after the sale, you wiq pay it to the deakrlodpinal creditor. ? PERSONAL PROPERTY: Any personal prated, found H the vehicle may be reclaimed by you within the reel W days or, in accordance wth stare Nov, by wrdacting this office. Thereafter, me personal property shall be disposed of accordingly ? Creditor has assigned to its qualified intermediary (OI Exchange, LLC) as rights (out not Rs obligatitt with reaped to the sale of each vehicle bled above PAYMENTS: All payments taus maktbe by cerlmatl cnxkor monry antler. MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the vehicles odometer a rat aeaurab for any reason, pleasecoreact us so that we can accvratety report the vehicle s mileage- INSURANCE RIGHTS'. It you don't want to get your property back, call the insurance company or the dealerengiral vaulter to make sure mat erry insurance has been cancelled You lave a right to gel oredlt tar all premium refunds JESSICA A. SNYDER - - rroe n J S 1 n 1.,, 02 Plmwa eonro?a m.y not se P. wmwe,a os . CUSTCMERICUSTOMER FILE . Oot-19-2005 12:02 PM ford 12166767903 3/3 SUSAN M. SHELL 6332 CHESTERFIELD LANE MECHANICSBURG, PA 17056 I?_ -Gusto 'Or'a Name SUSAN M. SHELL Account Number 35414933 Vehicle IdenOficatlon Number 1F7'ZR45E93TAi7613 STATEMENT OF SALE Account Number. 35414933 The following property has been sold. year MAKE 2003 FORD Gross balance owing on your contract Deduct Finance Charge Rebate Balance owing prior to sale Deduct Gross proceeds of sale Balance less gross proceeds of the sale (3-4) Add: Expense of retaking and storing, and any attornays' fees allowed bylaw, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate Other: ESP Deficiency Surplus (2) O.OD Vehicle Identification Number 1FTZR45E93TA17813 (4) 12,400.00 (1) 16,607.B5 (3) 16,60735 (5) 4,207.65 (6) 367.66 (7) 0 (8) 0 (9) 4,043.40 (10) 0.00 The suplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & Interest Surplus` or Deficiency" IIf the sale resulted In surplus, a refund for the difference will be mailed to you. •• If the sale resulted In a deficiency, you should Immediately remit the amount shown on line 9 to address for payments shown below. For additional information calf or write: Ford Motor Credit PO BOX 6508 Mesa, AZ 85218-6508 (800) 732-2254 MDJW RANGER Mail deficiency payment to Ford Motor Credit P09ax 5500 Dept. 194101 Detroit, MI 48255-1941 FFNA 11990 JUL 01 PREVIOUS editions may NOT be used (f-Z r; SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01962 P ` COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS SHELL SUSAN M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHELL SUSAN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , SHELL SUSAN M 32 CHESTERFIELD MECHANICSBURG, PA 17055 PER POST OFFICE DEFENDANT'S NEW ADDRESS IS 34 VISTA DRIVE DANVERS, MA 01923-3452. Sheriff's Costs: So answers- Docketing 18.00 Service 8.80 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 41.80 MAURICE & NEEDLEMAN S?/q/OG 04/19/2006 Sworn and subscribed to before me this day of A. D. Prothonotary Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n& - I Q(?? CVIL TERM v ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573