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Home My WebLink About06-1964ARBITRATION 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. EDWARD G YOUNG JR 27 Mountain View Ter Newville, Pa 17241 NOTICE You have been sued in court . If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and F1hng in writing with the court your defenses or objections to the claim set faith against you. You are warned that if you fail to do so the case may proceed without you and ajudgment 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. Defendant(s). Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CaseNo. }(n 4 C( / CIVIL ACTION COMPLAINT AVISO Le hen demandado a tested en la torte. Si usted quiere defenderse de estas demandas expeestas on lac paginas siguientes, usted tiene veinte (20) digs de plazo al partir de In fecha de la demnda y Is notification. Haee falta asentar una comparencia escrita o en persona o can on abogado y entregar a la cone en form escrita sus defcusas o sus objeciones a has demandas on contra de so persona. Sea avisado que si acted no se defiende, la torte tomato medidas y puede continuer la demanda en contra soya sin previo aviso o notification. Ademas, la cone puede decidir a favor del dentandante y requiere quo rated emnpha con todas [as provisioner de esta demnda. Usted puede perder dinero o sus propiedades a otros derechos importunes pats usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O FLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE F.NCUENTRA ESCRITA AEAJO PARA AVERIGUAR DONDF. 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 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, Az 85216-6508 CUMBERLAND COUNTY COMMON PLEAS OF Plaintiff, V. EDWARD G YOUNG JR 27 Mountain View Ter Newville, Pa 17241 Defendant(s). Case No. 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, Edward G Young JR, is an individual who resides at 27 Mountain View Ter Newville, Pa 17241. 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 July 1, 2005, 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 $15,723.32 at an annual percentage rate of 18.000%, in order to purchase a certain motor vehicle, 2005 Ford Focus 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 $399.26 for a period of 60 months until the loan was paid in full all as is more fully set forth in the Contract. 6. Defendant(s) made monthly payments until 7/31/05, 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 $9600.00, however a balance of $8009.97 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. 10. In addition to the foregoing, there is interest due and owing on the deficiency balance which at this time amounts to $296.26 and which will continue to accrue. it. The total amount due and owing at the time of the filing of this complaint is $8306.23. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $8306.23, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. Respectfully submitted, M C]4& NEEDLEMAN, 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 unswom falsification to authorities. BY: JIRE DATED: February 6, 2006 27 I§BWLVANIA SIMF lever land W' it "' iOWARO G YOUNG JR i71 ROXBURY RD IENVILLE.PA 17241 I cod" L INSTALMENT CONTRACT CNNEDIr01116.xe Nr,a w Amrrl PARSONS INTERSTATE FORD LLC 196 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 rlw wa,dreem. TM •41e1rMr•Yl.rbrlov ,a reueaera b ew r weN,.faraa eawnehts w 07/01/2005 DATE JUL 0 6 2005 4M vwi,04 W rNeH Yv vd W ONV aTW[ seat VeIYYWdleulbnN Nu 7 2005 i P.rne ? APYVam FOCUS IFAFP3aNI5W291B12 ? cdfafwmlY INSURANCE r,ae.w xl N/A a/e s MIA yR s X/A YOU MAY OBTAIN VEHICLE INSURANCE G. N Nnaum Run Vw, uM ANIe OICE ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CH . 17235 00 YOU ARE NOT REQUIRED TO OBTAIN . (1) 1. Cash Ptlae .................. ........_. ............. S ................. ...................... CREDIT LIFE, CREDIT DISABILITY AND 2. Dorn Payment 2700.00 OTHER OPTIONAL INSURANCE. THIS Third Party S.btle Aatleh.d to CrN for- ............ ...._...._. S CONTRACT WILL NOT INCLUDE THEM Crn down Payment.. ............ .............. .......... ...... .................. . $0 UNLESS YOU SIGN AND AGREE TO PAY Tads-in N/A $ N/A f N/A f THE PREMIUM. rwamuua ohm mewo .sere ono S 2909 00 (2) l D m T P r nt THIS CONTRACT DOES NOT INCLUDE own o e ..................... .......... .." """ "" - '................. e ay $ 14335.00 (f) nt P l i 2 2 id S l f C 1 LIABILITY INSURANCE COVERAGE FOR r . Unpa o ana o a n ( m na )............_ ..............._..._ BODILY INJURY AND PROPERTY 4. Amounts Mid on your behall faster may be r.talnlna a "Man at tMae amounts) DAMAGE CAUSED TO OTHERS. To Insurance, camPama for N/A Credit Lee Insurance hor term of anirert) ......... ............ :-----07A Credit Disability Insurance (for Wm of contact) ..........-.. $N:A Mortis (EAmtleN IT .- To Public Officials (i) for xcerr. (fin ). mite (4_22..50 1. It ? Credit Life realstrmion lE ce nn)to"S S_Dfl Insurer A N l F nn / $ Iii) Ice Hine I...$ liii) fa fares (rot A Cann Perk.) S x7P. R2 $ 983.32 350 00 a GAP Premium lmured(s) . To GA SE for $ To for fN/A Signature To DFA FR far Dnf FEE f 55.00 fr $ N A T Credit o- $ 1388.32141 .__......... rolal ? Disability ..._.._... k.._ ....................... ......._.........._... ..........na........ l S. Amount Fln 3 ad ea ............................_____...__............ S 15723.32 (sl Insurer X/A S FEDERAL TRUTH4N.LENONG DISCLOSURES Pramifun Insured ANNUAL FINANCE Amount Taal of Total Sale Signature PERCENTAGE CHARGE Financed Payments Pike RATE Treacle.., Tyr Cram d seen podded to Tree emoum wi1 ar Ya >M lam aces 'X pumtma on Tn.car of veer ms sent rill cwt u you wanur Crean Ma va edL ? c,ere rayas, nla w ewa I race m.da er egllad Iwludwe year dory her Opaonel lnwrence TerF p 5 0- 6 N II, S yR. nnx s B232 28 s 15723 32 s 965.6 6 2 s Premium Insurer I Numbr a Nnesum a Each When Payments Sianattire Payment Sch.afe 11>"a xs P19'26 da head IM are trade weaulry R mfores I s d Tl m r h a w your pePlhem ulwtlvk cn f .1 al he: 1 IOU S?? "' •' ?5 e brut sen e . fe esmu a r t Ina g •rNwr.n .hown rem ".in flle.v. era eery. - tlf • od y. You nW I.. IN bu e .1 try the another fwbfer m onam'' . c r" p r i b Need an me wai M M ll fa a IaaMA mt mm Orr a IYe tl tla Me limits d tlu away. N /A o a S C.mpv.°www pa I Pr omi eenL N you any off you, dent rdy. you wad not res.. to aY • Penalty. son collpgn left Payment: Ya mlwa MY alas d Wae on the oofpn d Cant Pa"no nW+r mare Jun 10 days No. IN chary. la 2 Percem of me eta amount or 11,6000 a rahme Is lass. ? Fir Theh-CRmdned AddflwW Covw.ae 4aaaq imrrt Ya - entire; • arady Woman in er..hm. being Wmhased. ? TmHna.m L.W romrrE RON cos Mia am sot fa staff imamefia on .awry Mtsrotl, Ynurx EIo `=em = C3 Term Ma Ibawrl Man Term d W. A.WA in. ,Ise W rpuH nwynre of W. data In fw Won 1M raper. part'. „n ? K7A yam vwtmr Ywrwatl adyeaa, pu mr brtlw Calico eW you n awW'h3 urdr Me model wa r ode owd.tl Rar Rn a dw wHae .M mona> wrda uwlwe fa sw v.ntl.. Eff.bf Carouser wow Am.,wm l0gbwl) NON-MODIFICATION DL9GLOSURE uwwla a. t a ode a y,u New rtewaaad . dent a IN a ? a I an,g. N In. 1.f m 9 IN in ever, anA egnM by you and IN Cr.lbr. tp y n sent Tw wq ?jq yyd lp adl bm9 1 11_.eraer Va reoie sWWeNr Ver wt m reserve x nbt ?1 ? }?1()d T' C,JiUYER: IUYER N.cl. : W ar date =. IGNS'. x 1 y &((PV44 l 1 i ft II M Y b , mw . M n w f a r w ad YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND a An,wd Fiwmdunder season 4. BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS CONTRACT. NOTICE TO BUYER ? dvM? Do not sign this contract In blank. 9 You are 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 a nano this contra OcLL 8uyer and Co-Eluyer) received annrevTewee true Program No. ? an cam lately illed In copy of this contract and (In at the QUESTIONS? d T d rein title contract. Buyer (and Buyer) raee ve time of s tI true an completely TuRno in copy of thin C aontract x eurER Nn co saran sy slXfxne bama,Ma s.NaaeplaMia rmffuaeL "rather, a Ms PLEASE CALL US AT I-aeP727-7000 rtl•nmw0 atbsNa as We.anbrt m. salw asraw a m a Visa us at wwwderdersdReom PARSON IXTERST T LLC Tun 010H ,w.a.rw near. r...ew wwwl sPAU FGA AOH[fYCMt I ORIGINAL "'PRN"' Ford Motor Credit Company P O. Box 3076 COLUMBIA, MD21045-6076 (600)6T/-0730 Po3aP9W290035 EDWARD G. YOUNG JR 27 MOUNTAIN VIEW TER NEWVILLE PA 17241 Dale of Repossession 10-142005 Date of Notice Data of Cc tract 10-19-2006 07-01-20D5 Account Number, W9319179 Buyer EDWARDG. YOUNGJR Cobbler DESCRIPTION OF PROPERTY Year 2005 Meke FORD ?^ New ? Used Vehicle Identification Number: 1FAFP34N15W291812 Model ocus Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you brae promises in our agreement. Lxl PRIVATE SALE: We will sell the properly described above rat private sale aortleame after 16 days from the Dale of Notice shown above unless redeemed by you poor to such sale. ? PUBLIC SALE: We will sell Ste property described above at public sale to the highest bidder on the date below lot any adloumm mt date). The sale will be held es follows: Dale of Sak Tlme of Sale Place of Sak You may attend the sale and bring bidders If you wars. NU I IUt Ur The money that we get from the sale (after paying our costs, including reasonable attorneys 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 gel 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 unde 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 RECOVERPETTER?; P? HOW TO GET YOUR PROPERTY BACK To gat your property beck pay us this amount by cer9ned check or money order before the vehkle is sold, Unpaid Balance $ 16537.48 Plus Costs: Repo Expenses $ 1385000 Plus Late Charges Less Finance Charge Rebate Lees Insurance Premium Rebate TOTAL $ g g 2397 g g $ 17,946.45 (Plus expenses incurred if default al the time of repossession exceeded 16 days and less rebate received after the date of this nice ) Your property wont be sold until 15 days after the date of this notice at the EARLIEST. After that you can still gel it back any line before it's actually sold. If you do, well have no further claim on it, But the longer you w21t. the more costs (including require) you may have to pay. If you have any questions about this, please call us. ? The property has been (or will be) returned to (dealer/original coaltor) Under our agreement with your dealer/orl9lnal creditor, the dealer/original creditor Is to sell the property and pay you any money left over. If you owe money after the sak, you will pay it to the dealerionginal creditor. ? PERSONAL PROPERTY: Any personal property found in the vehicle may be reclaimed by you within the ni 6o days or, in accordance with state law by contacting this office. Thereafter, the personal Property eheN be dkpoaed of acmrdingly. ? Creditor has assigned to its qualified intermediary (OI Exchange, LLC) is rights (hut not its obligations) war respect to the sale of each vehicle head above PAYMENTS: All Payments to us must be by certified check or money order, MILEAGE DISCLOSURE: If you are aware that the mileage reflected on the vehicles odometer is not accurate for any reason, Please MIAMI Ls so that we can accurately ranch the vehicles miune. INSURANCE RIGHTS: If you dool were to get your property back, call the insurance company or the dealer/original creditor to make sure that any insurance has been cancelled. You lava a right to get credit for as premium Words, JESSICA A. SNYDER Frne ow 111on 02 N-1eau--1rp*xo.ee CUSTOMER/CUSTOMER FILE db Name aM 04d q BxtJar Cason Lia1Va..?') tlfl I 7005 1820 0007 0262 9339 - - U1017120545026 U1017120545022 -- - JJ-035071663 2 BA-0770p4665 JOHN R. MILLER ALBERT W. BOYD SR -- ---- S POLARIS BUILDING P O BOX 9847 --------' RSHEY PA 17033-2230 PHILADELPHIA PA 78110 ?; _ 3 017/20545027 \..CJ-039319179 r --- -'-- _- U1017Mt0545023 7005 1820 0007 0262 9346 EDWARD G. YOUNG JR 27 MOUNTAIN VIEW TER AT. BA-030782004 NEWVILLE PA 17241 JOHN J. GRIFFIN 466 SHAWMOUNT AVENUE U101720545028 PHILADELPHIA PA 19128 - JJ-038915022 s DEANNAM. BROWN - 1230 ROCKY RD U10170645024 7005 1820 0007 0262 9353 LOGANTON PA 17747 STANLEY C. MULKIEWICZ Y 1728 RED BUD RD -- OUAKERTOWNPA18951 1 7. - U1017/20545025 11-036823942 7005 1820 0007 0262 -9360 DANA DESEAU _ a B - & 1410 WASHINGTON BLVD LIAMSPORT PA 17701-5425 - TM W IL -___-_ _ N L aH+b n F -?.. xY4cM PNFiulx. hrfNxaa nCaaly OaY'O?a/ hy,rax ??„?? orm 33771 FebU 7Dp] (Ppa 1 a2) Cgnpgq by 1yprMIM, laM, DI Ba Sw Prlvary ll P.I.t Pan 05 °C7-18 7005 1820 0007 0262 9384 " 7005 Sggmant on Revow o? EI r+ -1 UDD7 9262 9391 7 Ford Motor Credit Company PO BOX 3076 COLUMBIA MD 21045-6076 800 6770730 DATE: 2005-11-23 P03FCK00000120 EDWARD G. YOUNG 27 MOUNTAIN VIEW TER NEWVILLE PA 17241 STATEMENT OF SALE Account Number: 039319179_ The following property has been sold. Year Make Model 2005 FORD FOCUS Balance owing on your contract Deduct Finance Charge Rebate Balance less Finance Charge Rebate (1 - 2) Deduct: gross proceeds of the sale Balance less grass proceeds of the sale (3 - 4) Add: Expenses of retaking and storing, and any attorneys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate Other: Vehicle Identification Number: 1FAFP34 N15W291812 (2) $ 0.00 (4) $ 9600.00 (6) $ 1,381.00 (7) $ _ 0.00 (8) $ 332.48 (1) $ 16,561.45 (3) $ 16 561.45 (5) $ 6,961.45 (9) $ 8009.97 Surplus" (10) $ - N/A The Surplus/Deficiency will change based on monies received by us (credits) or additional allowed expenses & interest added to your account (debits). Surplus' or Deficiency- ' If the sale resulted in a surplus, a refund for the difference will be mailed to you. "• If the sale resulted in a deficiency, you should immediately remit the amount shown on line 9 to the address for payments shown below. For additional information call or write: Mail deficiency payment to: Ford Motor Credit Company Ford Motor Credit Company P, 0, BOX 6508 DEPT 194101 MESA ARIZONA 85216.6508 P.O. BOX 55000 (800) 732-2264 DETROIT MI 48255-1941 Deficiency"* FFNA1 1990 01 IN Previous editlons may NOT be used. _J n 4 i?? C SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01964 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS YOUNG EDWARD G JR R. Thomas Kli ,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 YOUNG EDWARD G JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , YOUNG EDWARD G JR 27 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 PER NEIGHBOR, DEFENDANT HAS NOT BEEN THERE FOR 6 MONTHS. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answe Docketing 18.00 Service 17.60 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 50.60 MAURICE & NEEDLEMAN s /iglbG ( 04/25/2006 Sworn and subscribed to before me this A. D. day of Prothonotary MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (215) "/89-"/154 FORD MOTOR CREDIT COMPANY Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 06-1964 EDWARD G JR YOUNG Defendant(s). PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the attached Complaint originally filed with the Court on 04/05/2006. MAURICE & NE-VDLEMAN, P.C. BY: THWAS gORINCZYK, ESQ. Date: September 14, 2006 ?- °? -n ^ ? ?t ..J %; ? :') ?, ....5 ?,i'_i=. '3_ ??i (?.? `.`? . G?? ? ..- r- -,, MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (21 S)'/89- / 154 FORD MOTOR CREDIT COMPANY Plaintiff V. EDWARD G JR YOUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 06-1964 Defendant(s). PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the verification of the Plaintiff, Ford Motor Credit Company, for that of the verification previously filed. Date: September 27, 2006 Respectfully submitted, MAURICE & NEEDLEMAN, P.C. r' CERTIFICATE OF SERVICE I, JOANN NEEDLEMAN, Esq. hereby certify that on this date I have caused a true and correct copy of the foregoing Praecipe to Substitute Verification on behalf of Ford Motor Credit Company, to be served by regular, first class mail, postage pre-paid upon: EDWARD G JR YOUNG 1 A. Middle Acres Newville, Pa 17241 Respectfully Submitted, MAURKE14 NEEDhEMAN, P.C. JOA ' ifyE P''EMI Atto e f Pl/dintiff DATED: September 27, 2006 VERIFICATION I, Barbara Buckwatter verify that I am the Authorized Representative for Plaintiff, Ford Motor Credit Company, and are duly authorized to take this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. BY.. 'fflJ" 1 J DATE: APR 0 6 2006 EDWARD G JR YOUNG Our file no. 3219 48063000000039319179 r 1% Suite 935,One Penn Center 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 215.665.1133 fax 215.563.8970 www.mnlawpc.com Donald S. Maurice Member NJ Bar Board Certified Creditors' Rights Law American Board of Certification Joann Needleman Member PA & NJ Bar Thomas R. Dominczyk Member NJ & PA Bar Sandra J. Sutton-Simanski Member NJ & NY Bar September 27, 2006 CUMBERLAND COUNTY COURT OF COMMON PLEAS PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RE: FORD MOTOR CREDIT COMPANY v. EDWARD G JR YOUNG Case No. 06-1964 Dear Sir/Madam: Enclosed, please find an original and one (1) copy of Plaintiff's Praecipe to Substitute Verification in the above matter. Kindly file the original of record and return a time-stamped copy to this office in the envelope provided. Thank you in advance for your cooperation. P.C. YK, ESQ. New Jersey Office MAURICE & NEEDLEMAN, P.C. 250 Route 28 West Suite 203 Bridgewater, NJ 08807 tel. 908.575.0220 fax 908.575.0632 cc: EDWARD G JR YOUNG Very Truly Yours, C '7 ? ? ?? =„ r -- _ _ '- ? - ,? ["? --n . , : ;.. -?-; s?:i _ ?, r' a S- `? "C? SHERIFF'S RETURN - REGULAR CASE NO: 2006-01964 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS YOUNG EDWARD G JR WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE YOUNG EDWARD G JR was served upon DEFENDANT the , at 2040:00 HOURS, on the 3rd day of October , 2006 at 27 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 EDWARD G YOUNG SR, FATHER by handing to 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: So Answers: Docketing 1.00 Service 7.04 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 35.04.," 10/06/2006 MAURICE & NEEDLEMAN Sworn and Subscibed to By: before me this day eputy Sher' f of , A. D. MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7161 FORD MOTOR CREDIT COMPANY CUMBERLAND COUNTY COURT OF Plaintiff - COMMON PLEAS V. CASE NO. 06-1964 EDWARD G JR YOUNG Defendant(s) Attorneys for Plaintiff PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: No answer having been filed in the above Civil Action, kindly enter Judgment in favor of Plaintiff, and against Defendant, EDWARD G JR YOUNG in the amount as follows: Principal Amount $ 8009.97 Interest to Date $ 1907.91 Costs $ 141.14 TOTAL $ 9936.57 MAURICE & NEEDLEMAN, P.C. BY: JEEDLEMAN, ESQ. for Plaintiff Date: March 21, 2007 tt? Suite 935, One Penn (enter 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 21 S.665.1 133 lax 215.563.8970 www.mniawpc.com Donald S. Maurice Member NJ Bar Board Certified Creditors' Rights Law American Board of Certification Joann Needleman Member PA E NJ Bar Thomas R. Dominczyk Member NJ Z PA Bar Sandra J. Sutton-Simanski Member NJ Z BY gar November 1, 2006 VIA CERTIFIED & REGULAR MAIL EDWARD G JR YOUNG 1 A. MIDDLE ACRES NEWVILLE, PA 17241 Our File No. 3219 RE: FORD MOTOR CREDIT COMPANY v. EDWARD G JR YOUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 06-1964 Dear EDWARD G JR YOUNG: Enclosed please find a ten (10) day notice of default which is self- explanatory. This is being served upon you due to your failure to respond to Plaintiffs Complaint served upon you on 10/03/2006. Unless an answer to Plaintiff s Complaint is filed with the Court within ten (10) days from the date of this notice, a default judgment may be entered against you. If you would like to discuss a resolution to this matter, please call our office at 908-575-0220 ex. 21. Thank you for your prompt attention to this matter. New Jersey Office MAURICE Z NEEDLEMAN, P.C. 250 Roule 28 West suite 203 Bridgewater, NJ 08807 lei. 908.575.0220 fax 908.S75.0632 J ESQ. Enc THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS FIRM IS A DEBT COLLECTOR MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7154 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff V. EDWARD G JR YOUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-1964 IMPORTANT NOTICE TO: EDWARD G JR YOUNG DATE: November 1, 2006 1 A. MIDDLE ACRES NEWVILLE, PA 17241 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WfTH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET `FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY QR OTHER IMPORTANT RIGHTS. YOU 9 HOULD 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 PRIbVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY FEE: CUMBERLAND COUNTY BAR ASSOCIATION - E CE- ------------ ----- - 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 i 1 MAU & NEE AN, P.C. BY MAN, ESQ tiff t 4bi top of the page _116- -00" Certified Matt W Serv ce Return Receip t?t0 Return Receipt Card) Certified Mail Label Q With postage Attached D O d a Q ce) U1 0 °' ? Q ? r Z ? 06 N CL -? U ? ?0 a M? 'rte ? Individual Receipt gj q % a C4 .; I 0 Certified mail W?TH Return Receipt Service (Uses Return Receipt Card) Certified Mail Label, Card, and Postage Hl; I .a 4 'es L i m W.6 O? am U. 0A 0 W s.- n? r ? 4 'r Z u? UJ in Sender's Address SDC-3900 Delivery Address Q or Q Return Address O 0 Delivery Address • VO a; o ?N.. 40. d Ili <- Z f O w - = tD 113 0 W s 3 -' z = W ? rOtZ'OOBE W103 Sd r V . a s CO O V Q re- 1.13 U r..` .?. O C d v w I.J ?- rm T 4 0 W . «3 a 'v° l 0 4 ago" 'uj O? ?? . uxs?.Cs boa y A OKM ML?i iiu A ? o{ o, ? e ?^'n 3 . ...tWJ'1C K (P ?2 cc CL 0 V ° a < %> K V :3 m f11 CD ? ^9' _ ?. a D z m m m i m v4•v ?? H v' a '0 PS Form3800v2tt)A` m s 4 t ?. 0. m •?? ,(D ? g n Z ?' i t•. ? 1 ? t:; t Q N o m ?,. f.- CL CL 0 'x 7.1 C t C.) p s NPN CA CF) MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (215) /69- /161 FORD MOTOR CREDIT COMPANY Plaintiff v. EDWARD G JR YOUNG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-1964 CERTIFICATION OF ADDRESSES It is hereby certified that the parties have the following addresses: Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 6058 MESA AZ 85216 Defendant: EDWARD G JR YOUNG, 1 A. MIDDLE ACRES, NEWVILLE, PA 17241 MAURICE & NEEDLEMAN, P.C. BY: J0,A EWLEMAN, ESQ. ev for Plaintiff Date: March 21, 2007 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (21-)) /89- /101 FORD MOTOR CREDIT COMPANY Plaintiff V. EDWARD G JR YOUNG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-1964 CERTIFICATION OF NOTICE TO ENTER DEFAULT JUDGMENT It is hereby certified that a written Notice of Intention to File the Praecipe was mailed on 11/01/2006 to Defendant, EDWARD G JR YOUNG, against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A copy of said Notice dated 11/01/2006, a copy of the receipt for certified mailing to the Defendant and affidavits of service of said notice are all attached hereto. MAURICE & NEEDLEMAN, P.C. BY: for Plaintiff , ESQ. Date: March 21, 2007 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff 1J1 /2Sy-/lbl FORD MOTOR CREDIT COMPANY Plaintiff V. EDWARD G JR YOUNG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-1964 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA I, JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that he/she represents the Plaintiff in the above entitled case and that Defendant, EDWARD G JR YOUNG, is over 18 years of age; the occupation of Defendant is unknown and to the best of Plaintiffs knowledge, information and belief, Defendant is not in the military service of the United States, nor any State of Territory thereof or its Allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. MAURICE & NEEDLEMAN, P.C. SWORN TO AND SUBSCRIBED BY: , ESQ. before me th'say of 2007. NotaryPublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Agnes Beiland, Notary Public City Of Philadelphia, Philadelphia County My Commission Expires Jan. 20, 2009 Member, Pennsylvania Association of Notaries MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff L1J1 /i5J-/lbl FORD MOTOR CREDIT COMPANY Plaintiff V. EDWARD G JR YOUNG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-1964 AFFIDAVIT OF MAIL SERVICE STATE OF PENNSYLVANIA SS. COUNTY OF PHILADELPHIA I, JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that he/she is an attorney at law and that on 11/01/2006 she mailed a written Notice of Intention to File the Praecipe to Defendant, EDWARD G JR YOUNG, atI A. MIDDLE ACRES , NEWVILLE, PA 17241 by certified mail, article nos. 7155 5474 4100 4339 7779. Copies of the receipts evidencing said mailing are attached hereto. A copy of the signed green card evidencing receipt of said mailing is attached hereto as well. MAURICE & NEEDLEMAN, P.C. BY: LEMAN, ESQ. Plaintiff SWORN TO AND SUBSCRIBED before me thiso?a day of? , 20('17. Notary Public ?. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Agnes Beiland, Notary Public City Of Philadelphia, Philadelphia County My Commission Bores Jan. 20, 2009 Member, Pernw!fari:7, Associnfior of (Notaries z F p 7L r-3 C7 ' Ste ? i ?,• :- ^? i .. 1 \ / 1 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (Z1J) /tSy-/lbl FORD MOTOR CREDIT COMPANY Plaintiff - V. EDWARD G JR YOUNG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-1964 (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $9936.57 on x9 -,017 (X) A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. Prot no ary/C rk by: If you have any questions regarding this matter, please contact the filing party: Name: Joann Needleman, Esquire Address: Suite 935, One Penn Center at Suburban Station 1617 J.F.K. Boulevard Philadelphia, PA 19103 Telephone No.: 215-789-7161 (This Notice is given in accordance with Pa.R.C.P. §236) r - A. CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment ( ) Other Ford Motor Credit Company vs. File No. 06-1964 4 Interest 3/29/07 $276.05 ,. Atty's Comm EDWARD G YOUNG JR Costs i Middle Aerft, NeW Vi lle, PA 17Aq l1 q(,Dl TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below. does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but If it does, it is based on the appropriate original Proceeding filed pursuant to Act 7 of 1966 as amended, and for real property pursuant to Act 6 of 1974 as amended. Issue a writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, GARNISHEE: F & M TRIUST. 214A Westminster Ave, Carlisle, PA PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). O (indicate) Index this writ against the gamishee(s) a defendant(s) described in the attached exhibit. Date Signature: Print Name- Address: Attorney for: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Telephone: 4 Amount Due 9936.57 ,s a lis pendens against real estate of the JO EEDLEMAN 935 One Penn Center Philadelphia, PA 19103 Plaintiff 215 789 7154 Supreme Court ID No.: (over) ., ..F $ rio 4 O C ? C? 00 00 oe t" C"? C -n -TIM C:D r,3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FORD MOTOR CREDIT COMPANY, Plaintiff (s) From EDWARD G. YOUNG, JR.,1 MIDDLE ACRES, NEWVILLE, PA 17241-9601 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: F&M TRUST, 214A WESTMINSTER AVENUE, CARLISLE, PA and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9936.57 Interest 3/29/07 - $276.05 Atty's Comm % Atty Paid $182.14 Plaintiff Paid Date: 9/19/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs /C?-is R. Long, Prothonodiry By: )??au A2? V Alilio, A Deputy REQUESTING PARTY: Name JOANN NEEDLEMAN, ESQUIRE Address: MAURICE & NEEDLEMAN PC NO 06-1964 Civil CIVIL ACTION - LAW 935 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-789-7154 Supreme Court ID No. 74276 C: FORD MOTOR CREDIT COMPANY Plaintiff, V. EDWARD G YOUNG JR Defendant(s). F & M TRUST CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 06-1964 PA-)S,.-)EAs INTERROGATORIES IN ATTACHMENT TO: F & M TRUST You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment against you. 1. At the time you were served with Plaintiffs writ of execution, or at any subsequent time, did you owe the defendant (SS# xxx-xx-8578) any money or were you liable to defendant on any negotiation or other written instrument, or did the defendant claim that you owe him/her any money or were liable to him/her for any reason? If your answer is in the affirmative, please advise the amount of money you owe the Defendant, or the amount you are liable to the Defendant. N 0 , 2. At the time you were served or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant? N 0 . 3. At the time you were served or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 1A1? , J 4. At the time you were served or any subsequent time, did you hold as fiduciary any property in which defendant had an interest? 1 O - 5. At any time before or after you were served, did the defendant transfer or delivery any property to you or to any person or place pursuant to your direction or consent, and if so what was the consideration therefor? 61 A 6. At any time after you were served, did you pay, transfer or deliver any money or property to the defendant or any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? I ? P? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, please identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. I J 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa. C.S.A §8123? If so, please identify each account. ? ?A 9. At the time you were served or at any subsequent time, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax or other accounts or deposits in which defendant has an interest? If the answer is in the affirmative, please advise the amount of defendant's interest thereto at the time of the service of the writ. N 0 . JOA EI)LEMAN, ESQUIRE Atto for Plaintiff 93 ne Penn Center P adelnhia. PA 19103 215 789 7154 Date: September 14, 2007 771 CzJ SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-01964 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS YOUNG EDWARD G JR And now KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:53 Hours, on the 25th day of September, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , YOUNG EDWARD G JR in the hands, possession, or control of the within named Garnishee F & M TRUST 800 E. HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DAVID PLETCHER (TELLER) personally three copies of interogatories together with and attested copies of the within WRIT OF EXECUTION the contents there of known to His . true and made Sheriff's Costs: So an r Docketing .00 C,. Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 V /0%510 7 09/25/2007 Sworn and Subscribed to before me this day of By A.D MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 BY: Charlene Taylor Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (2,1J) /69-11M FORD MOTOR CREDIT COMPANY Plaintiff, V. EDWARD G YOUNG JR Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 06-1964 PRAECIPE TO DISSOLVE/WITHDRAW GARNISHMENT TO THE PROTHONOTARY: Kindly dissolve/withdraw garnishment upon F & M Trust forthwith. Respectfully Submitted, MAY Il 4 & NEEDLEMAN, P.C. J Esq. Date: October 2, 2007 c=a -? c: t d i r ...??'" h r o Vi=i LOUIS A. SANTO, JR. and JOY M. SANTO, husband and wife, Plaintiffs V. QUALCRAFT CONSTRUCTION, LLC; STEPHEN L. BEERS; SCOTT A. PLOWMAN; VANDENBURGH CONSTRUCTION, INC.; and THE WASHINGTON SAVINGS BANK, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2006-1924 : JURY TRIAL DEMANDED APPLICATION FOR AMENDMENT OF INTERLOCUTORY ORDER PURSUANT TO Pa R A.P. 1311(b) TO SET FORTH STATEMENT SPECIFIED IN 42 Pa.C.S. 4702(b) AND NOW, come the Plaintiffs, Louis A. Santo, Jr. and Joy M. Santo, by and through their attorneys, James, Smith, Dietterick & Connelly, LLP, and moves this Honorable Court to amend its Order of September 13, 2007 to include the statement prescribed by 42 Pa.C.S. §702(b) for purposes of seeking appellate review of an interlocutory order as required by Pa.R.A.P. 1311(b). In support thereof, Plaintiffs aver as follows: Plaintiffs filed a Praecipe for a Writ of Summons in the Court of Common Pleas of Cumberland County, Pennsylvania, on April 3, 2006 commencing the within action. 2. Following the exchange of pre-Complaint discovery, Plaintiffs filed a Complaint against Defendants Qualcraft, Vandenburgh, Washington Savings Bank (hereinafter "WSB"), Beers, and Plowman, which was never served on any of the Defendants. 3. Because of minor factual and grammatical errors in the original Complaint, Plaintiffs corrected these errors and entitled the corrected complaint, "Amended Complaint" to avoid confusion. 4. The Amended Complaint was filed on May 15, 2007, and was served upon Defendants on or around that date. 5. WSB filed Preliminary Objections to Plaintiffs' Amended Complaint on June 4, 2007. 6. Following the submission of briefs and oral argument, this Honorable Court issued an Order dated September 13, 2007, authored by the Honorable Kevin A. Hess, granting the Preliminary Objections of WSB and dismissing Counts II and VII of the Amended Complaint against the bank. A true and correct copy of the Order is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full. 7. Notwithstanding the dismissal of Counts II and VII of the Amended Complaint against WSB, Counts I and III-VI of the Amended Complaint remain against the other named Defendants in the case. 8. Plaintiffs wish to seek appellate review of the Order of September 13, 2007. 9. The Order issued by this Honorable Court on September 13, 2007 is interlocutory and thus the procedures set forth in Chapter 13 of the Pennsylvania Rules of Civil Procedure governing "Interlocutory Appeals by Permission" must be employed in order to obtain appellate review of the order granting WSB's Preliminary Objections. 10. Pa.R.A.P. 1311(a) permits an appeal to be taken by permission under 42 Pa.C.S. §702(b) (interlocutory appeals by permission) from any interlocutory order of a lower court. Pa.R.A.P. 1311(a). 11. Rule 1311(b) further provides that "an application for an amendment of an interlocutory order to set forth expressly the statement specified in 42 Pa.C.S. §702(b) shall be filed with the lower court after the entry of such interlocutory order..." Pa.R.A.P. 1311(b). 12. 42 Pa.C.S. §702(b) provides as follows: When a court or other government unit, in making an interlocutory order in a matter in which its final order would be within the jurisdiction of an appellate court, shall be of the opinion that such order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter, it shall so state in such order. 42 Pa.C.S. §702(b) (2006). 13. Plaintiff seeks an amendment of the September 13, 2007 Order to include the statement prescribed by 42 Pa.C.S. §702(b). 14. A final order of this Honorable Court would be within the jurisdiction of the appellate court, specifically the Pennsylvania Superior Court. 15. The Order of September 13, 2007 involves a controlling question of law, i. e. the proper interpretation of the Construction Loan Agreement executed between the parties. The interpretation of the contract, including the obligations and responsibilities conferred upon and assumed by WSB in the administration and disbursement of the Construction Loan Agreement. Moreover, the question of the responsibility of a lending institution for the quality of workmanship rendered on a construction project for which the bank assumes responsibility is central to the determination of the bank's liability in this case and is a novel issue for presentation to an appellate court, particularly with the facts specific to this case. 16. There is substantial grounds for difference of opinion as to the proper interpretation of the Construction Loan Agreement executed between the parties, particularly based on the contract provisions of the Construction Loan Agreement not cited by this Honorable Court in rendering its decision; the unique facts of this case relating to WSB's extraordinary assumption of responsibility for the monitoring and assessment of the construction performed on Plaintiffs' home; the lack of any citation or reference at all in this Honorable Court's opinion to Garbish v. Malvern Fed. Say. and Loan Ass'n, 517 A.2d 547 (Pa. Super. Ct. 1986), a case virtually identical on its facts to this case; and the minimal appellate authority addressing a bank's liability for disbursement of construction loan proceeds on facts similar to the instant case. 17. An immediate appeal of this Honorable Court's Order of September 13, 2007 will materially advance the ultimate termination of this matter. 18. Accordingly, amendment of the Order of September 13, 2007 to include the statement prescribed by 42 Pa.C.S. §702(b) is requested. WHEREFORE, Plaintiffs, Louis A. Santo, Jr. and Joy M. Santo, respectfully request that this Honorable Court amend the Order of September 13, 2007 to include the statement prescribed by 42 Pa.C.S. §702(b). Date: October 15, 2007 Respectfully submitted, JAMES, SMITH, JARAD W. HE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 E-mail: jwh@jsdc.com & CONNELLY,LLP , ESQUIRE Attorneys for Plaintiffs, Louis A. Santo, Jr. and Joy M. Santo LOUIS A. SANTO, JR. and JOY M. SANTO, husband and wife, Plaintiffs vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06-1924 CIVIL QUALCRAFT CONSTRUCTION, LLC; STEPHEN L. BEERS; SCOTT A. PLOWMAN; VANDENBURGH CONSTRUCTION, INC.; and THE WASHINGTON SAVINGS BANK, : Defendants JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT WASHINGTON SAVINGS BANK BEFORE HESS, OLER AND EBERT, J.J. ()R TIFR AND NOW, this day of September, 2007, following argument thereon, the preliminary objections of the defendant, Washington Savings Bank, are SUSTAINED and Counts II and VII of the plaintiffs' amended complaint are DISMISSED. BY THE COURT, / ,/X?/ Hess, J. Jarad W. Handelman, Esquire For the Plaintiffs Neil A. Slenker, Esquire For Defendant Washington Savings Barik Qualcraft Construction Defendant Stephen L. Beers 110 Community Street Wellsville, PA 17365 Scott A. Plowman 73 Walmar Manor Dillsburg, PA 17019 David R. Getz, Esquire Jeffrey C. Clark, Esquire rlm LOUIS A. SANTO, JR. and JOY M. SANTO, husband and wife, Plaintiffs Vs. QUALCRAFT CONSTRUCTION, LLC; STEPHEN L. BEERS; SCOTT A. PLOWMAN; VANDENBURGH CONSTRUCTION, INC.; and THE WASHINGTON SAVINGS BANK, : Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1924 CIVIL JURY TRIAL DEMANDED IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT, WASHINGTON SAVINGS BANK BEFORE HESS OLER AND EBERT, J.J. OPINION AND ORDER As this matter is before the court on preliminary objections, we derive the facts from the face of the complaint. On July 12, 2004, plaintiffs entered into an agreement with Qualcraft Construction, Inc. (Qualcraft) for the construction of a new home. In order to finance the purchase, plaintiffs entered into a loan agreement with Washington Savings Bank (defendant). The loan proceeds borrowed by plaintiffs were to be disbursed to plaintiffs in accordance with a draw schedule. The loan agreement further provided for certain conditions precedent to advances of loan proceeds, including defendant's inspection of the home. In order to effect these inspections, defendant employed an independent inspector to complete site inspections. On November 8, 2005, over a year after the beginning of construction, plaintiffs terminated Qualcraft as general contractor to the construction of their home. At that time, defendant had disbursed payments totaling $428392.50, leaving only $80,931.50 left unpaid. NO. 06-1924 CIVIL Plaintiffs hired additional contractors to complete construction of their home and to correct the improperly completed work performed by Qualcraft. On January 25, 2007, plaintiffs had their home inspected by an expert whose report revealed construction defects and incomplete work that would costs upwards of $200,000 to correct. Plaintiff subsequently filed this complaint against defendant. "Preliminary objections in the nature of a demurrer test the legal sufficiency of the complaint." Hospodar v. Schick, 885 A2d 986, 988 (Pa. Super. 2005). A demurrer presents the question of whether, based on the facts pleaded, there is any recovery allowed by the law. Nlistick, Inc. v. Northwestern National Casualty Co., 806 A.2d 39, 42 (Pa. Super. 2002), Accepting those facts as true, it is the court's task to determine whether any theory of law supports plaintiff's claim for relief. Id. "Ordinarily, there is no duty on the part of the lender to inspect the mortgaged property to determine that the borrower is obtaining that which he may have been promised by the vendor or that which he believes he is obtaining." Henry v. First Federal Savings & Loan Association of Greene County, 459 A.2d 772, 774, 313 Pa. Super. 128, 133 (1983); see also Goodman v. Pate Construction, Inc., 451 A.2d 464, 469, 305 Pa. Super. 147, 154-55 (1982); Federal Land Bank of Baltimore v. Fetner, 410 A.2d 344, 348, 269 Pa. Super. 455, 462 (1979). Unless the lender assumes some further obligation to inspect on behalf of the borrower, any inspection by the lender of the property is made only to determine whether the property has sufficient value to secure the loan and such inspection is made for the sole benefit of the lender. See Henry, 459 A.2d at 774. In Henry, plaintiffs entered into a construction loan agreement with defendant to finance the building of their home. See id at 773. Their agreement provided for five payment draws to 2 NO. 06-1924 CIVIL be made upon completion of specified areas of construction. See id. As construction progressed, roughly six inspections were conducted by defendant to determine whether construction had progressed appropriately. See id. None of the inspections were undertaken in order to ascertain the quality of the workmanship. See id Plaintiffs did not inspect the house for workmanship until after the house was completed. See id. After noting several deficiencies in the quality of the construction, plaintiffs sued, alleging defendant's negligent inspections. See id. In granting summary judgment for defendant, the court held that, generally, the law does not impose any duty upon a lender to inspect the mortgaged property for the benefit of the borrower, unless such a duty has previously been assumed by the lender. See Henry, 459 A.2d at 774. In order to determine whether defendants had assumed such a duty, the court looked to the construction loan agreement. See id. at 775. The construction loan agreement explicitly stated that any inspections made on the premises by the defendants were made " `for [their] own protection' and not as agent for the appellants." Id. Therefore, as the loan agreement unambiguously negated any existence of a duty to inspect on behalf of the plaintiffs, the court granted summary judgment for the defendants. The reasoning utilized in Henry is equally applicable to the instant case. As there is no general duty on the part of the lender to inspect on plaintiffs' behalf, we determine whether the lender had, notwithstanding, assumed such a duty. Plaintiffs executed a mortgage with defendant in order to secure a loan for the purchase of plaintiffs' new home. Upon borrowing the money, plaintiffs entered into a loan agreement with defendant. Throughout the contract, defendant explicitly disclaims liability for any acts or omissions made pursuant to the loan agreement (absent fraud or gross negligence).' The loan agreement goes on to say that all ' The Loan Agreement reads as follows: 3 NO. 06-1924 CIVIL obligations of the defendant with regard to the advances exist for defendant's sole benefit, and defendant has absolute discretion to waive the conditions precedent to the advances.2 Finally, and perhaps most convincingly, the loan agreement explicitly states that all physical inspections made by the defendant are performed for the sole benefit of the defendant in order to ensure loan repayment, and are not made for the benefit of the plaintiffs or any other party. The loan agreement goes on to say that acceptance of the agreement signifies the borrower's intention to indemnify the lender and waive liability for all claims regarding the construction.3 Even a cursory examination of the loan agreement makes it clear that no additional duty to inspect the property on behalf of the plaintiffs has been undertaken by the defendant. The plaintiffs also claim punitive damages on a count of the "willful, outrageous" breach by Washington Savings Bank of its fiduciary duty. Since it had no duty to the plaintiffs with respect to the matter sub judice, any claim for punitive damages must necessarily fail. LIABILITY OF LENDER. (a) The Lender shall not be liable for any act or omission by it pursuant to the provisions of the Loan Agreement in the absence of fraud or gross negligence. The Lender shall incur no liability to the Borrower or any other party in connection with the acts or omissions of the Lender in reliance upon any certificate or other paper believed by the Lender to be genuine or with respect to any other thing which the Lender may do or refrain from doing, unless such act or omission amounts to fraud or gross negligence. 'The Loan Agreement reads as follows: THIRD PARTIES - BENEFIT. All conditions of the obligations of the Lender to make advances hereunder are imposed solely and exclusively for the benefit of the Lender and its assigns and no other persons shall have standing to require satisfaction of such conditions in accordance with their terms or be entitled to assume that the Lender will refuse to make advances in the absence of strict compliance with any or all there of and no other person shall, under any circumstances, be deemed to be beneficiary of such conditions, any or all of which may be freely waived in whole or in part by the Lender at any time in the sole and absolute exercise of its discretion. 3The Commitment Letter reads as follows: APPROVAL OF PLANS SPECIFICATIONS DOCUMENTS & INSPECTIONS: The approval of the Plans, Specifications and all other documents in connection with this loan, including physical inspections made by us [Defendant], our agents or representatives, are performed for our benefit to assure repayment of the loan and not for your benefit or the benefit of any other person including, without limitation, purchasers, tenants or other occupants. Acceptance by Borrower Of this Commitment shall evidence your agreement to indemnify Lender and to hold it harmless against any loss or expense (including reasonable attorneys' fees) resulting from any and all claims, actions or liability for acts or failure to act in connection with the Improvements. 4 NO. 06-1924 CIVIL Plaintiffs assert, as their other claim against Washington Savings Bank, that the defendant violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). The UTPCPL declares unlawful unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. 73 Pa.C.S. Section 201-3(2006). Under the Act, "trade or commerce" is defined as "the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, and includes any trade or commerce directly or indirectly affecting the people of this Commonwealth." See id. at Section 201-2. Plaintiff contends that the mortgage transaction falls within this definition of "trade or commerce," therefore bringing the transaction within the parameters of the UTPCPL. There is authority in the Bankruptcy Court to the effect that the "business of mortgage lenders is the sale of a service within the scope of the [UTPCPL]." In re Andreivs, 78 B.R. 78, 82 (Bankr. E.D. Pa. 1987); see also In re Jungkurth, 74 B.R. 323, 335 (Bankr. E.D. Pa. 1987); In re Russell, 72 B.R. 855, 872 (Bankr. E.D. Pa. 1987). On the other hand, at least one Common Pleas Court of this Commonwealth has found to the contrary. In Epstein v. Goldome FSB, 49 Pa. D & C 3d 551, 557 (1987), the court held that "a loan is not the purchase or lease of goods or services but is the gaining of currency of exchange that enables the holder to acquire goods." Therefore, the court opined that the UTPCPL did not apply to mortgages. Id. It based this holding upon courts of other jurisdictions' construction of several similar statutes. The court found that because a loan is not the purchase or lease of goods or services, it cannot fall under "trade or commerce" as defined in the UTPCPL. Id. 5 NO. 06-1924 CIVIL Even assuming that the UTPCPL applies to mortgage transactions, we are satisfied that the plaintiffs have failed to state a valid private cause of action for violation of the statute. The underlying purpose of the UTPCPL is the prevention of fraud. Weinberg i,. Sun Company, Inc., 777 A.2d 442, 446 (Pa. 2001). Plaintiffs assert that defendant represented to them that funds would be disbursed "in accordance with the loan documents and the parties' agreement." (P1. Amend. Compl. 178) The loan agreement, however, states with the utmost clarity that all inspections performed by the defendant were undertaken solely for the benefit of the defendant. There is, otherwise, no statement of material facts that defendant made any misrepresentations concerning the purpose of the inspections. Moreover, plaintiffs wholly fail to allege any facts indicating that any representation were made with a knowing intent to deceive. Accordingly, the plaintiffs' UTPCPL claim must also fail. ORDER AND NOW, this /3 `• day of September, 2007, following argument thereon, the preliminary objections of the defendant, Washington Savings Bank, are SUSTAINED and Counts II and VII of the plaintiffs' amended complaint are DISMISSED. Jarad W. Handelman, Esquire For the Plaintiffs Neil A. Slenker, Esquire For Defendant Washington Savings Bank Qualcraft Construction Defendant BY THE COURT, Kevin . Hess, J. 6 NO. 06-1924 CIVIL Stephen L. Beers 110 Community Street Wellsville, PA 17365 Scott A. Plowman 73 Walmar Manor Dillsburg, PA 17019 David R. Getz, Esquire Jeffrey C. Clark, Esquire rim 7 CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of Application for Amendment of Interlocutory Order Pursuant to Pa.R.A.P. 1311(b) to Set Forth Statement Specified in 42 Pa.C.S. 702(b) upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 15th day of October, 2007: Qualcraft Construction, LLC c/o Stephen L. Beers 110 Community Street Wellsville, PA 17365 Stephen L. Beers c/o Lawrence V. Young, Esquire 135 North George Street York, PA 17401 Scott A. Plowman 73 Walmar Manor Dillsburg, PA 17019 David R. Getz, Esquire Jeffrey C. Clark, Esquire Wix, Wenger & Weidner 508 North Second Street, P.O. Box 845 Harrisburg, PA 17108-0845 Neil A. Slenker, Esquire Stock and Leader, LLP Susquehanna Commerce Center East Suite 600 221 West Philadelphia Street York, PA 17401-2994 By: Jarad W. Handelman,'Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 t?S N (J wa _ c -n = rc; a R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 85.99 Docketing 18.00 64.01 Poundage 1.69 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 04/30/08 Mileage 4.80 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 85.99 ? s'/eb'fo Y- So Answers, R. Thom s Kline, Sheriff r By n_- L LIj'j7 f 00 V' r L 6yr .? OSLILI WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1964 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FORD MOTOR CREDIT COMPANY, Plaintiff (s) From EDWARD G. YOUNG, JR., 1 MIDDLE ACRES, NEWVILLE, PA 17241-9601 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: F&M TRUST, 214A WESTMINSTER AVENUE, CARLISLE, PA and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9936.57 Interest 3/29/07 - $276.05 Atty's Comm % Atty Paid $182.14 Plaintiff Paid Date: 9/19/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs SL -IZMA C rtis R. Long, Prothonota4 By: ??A - A.& o a, Deputy a a, REQUESTING PARTY: Name JOANN NEEDLEMAN, ESQUIRE Address: MAURICE & NEEDLEMAN PC 935 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-789-7154 Supreme Court ID No. 74276 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR CREDIT COMPANY : No. 06-1964 Plaintiff : • sa• • —v vs. : ' EDWARD G YOUNG JR :CIVIL ACTION -o + Defendant y • • PRAECIPE FOR SUBSTITUTION OF COUNSEL TO THE PROTHONOTARY: Kindly substitute Lloyd S. Markind, Esquire of the law offices of Sklar—Markind, 102 Browning Lane, Building B, Ste 1, Cherry Hill,New Jersey 08003 as counsel for the Plaintiff in the above entitled matter. The undersigned hereby consents to this substitution. Lloyd S. Markind, Esquire Joann Needleman, Esquire* Superseding Attorney Withdrawing attorney Sklar— Markind Maurice &Needleman, P.C. 102 Browning Lane, Bldg B, Ste 1 935 One Penn Center Cherry Hill,NJ 08003 Philadelphia, PA 19103 ID # 52507 ID#74276 Dated: March 28, 2013 Dated: March 28, 2013 * Signed with permission of Joann Needleman, Esq. FILE NO.: FT 110446