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Home My WebLink About02-1523IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW FORD MOTOR CREDIT COMPANY P.O. Box 3076 Columbia, MD 2104~ VS. JUDITH PRESCOTT and JAMES PRESCOTT 670 Laurel Drive Boiling Springs, PA 17007 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA 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 complaidt 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 aghinst you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DS B:832701.1/000001-102002 WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP BY: David E. Stern, Esquire I.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103-2097 215-977-2556 Attorney for Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 3076 Columbia, MD 2104 VS. JUDITH PRESCOTT and JAMES PRESCOTT 670 Laurel Drive Boiling Springs, PA 17007 COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PA COMPLAINT IN REPLEVIN Plaintiff, Ford Motor Credit Company, is a corporation with a place of business at the above-stated address. 2. Defendants Judith Prescott and James Prescott are adult individuals with a last known address as stated above. 3. On or about March 24, 2000, Defendants entered into a Pennsylvania Motor Vehicle Lease Agreement ("Lease") for a 2000 Ford Expedition, Vehicle I.D. No. 1FMPU16L3YLA86324 ("Vehicle") from Hoffman Ford Sales, Inc. A true and correct copy of the Lease is attached hereto, made a part hereof, and marked Exhibit "A". in the Vehicle. 5. By the terms of the Lease, Hoffman Ford Sales, Inc. maintained a security interest Said Lease was assigned to Plaintiff; said assignment being contained in Lease. DSB:832701.1/000001 ~102002 6. Plaintiff's security interest is evidenced by a Commonwealth of Pennsylvania Certificate of Title, a copy of which is attached hereto, made a part hereof and marked Exhibit Defendants have defaulted under the Lease by failing to tender timely payments when due. 8. 9. The Vehicle has a retail value of $26,125.00. Plaintiff believes and therefore avers, that Defendants, have possession of the subject Vehicle. 10. Defendants have failed and refused, despite repeated demands by Plaintiff to pay the balance due under the Lease or deliver possession of the Vehicle to Plaintiff. WHEREFORE, Plaintiff demands judgment of possession of the Vehicle, together with reasonable attorney's fees, interest and costs. WOLF, BLOCK, SCHORR and SOL1S-COHEN LLP David E. Stem, Esquire VERIFICATION DAVID E. STERN, states that he is the attorney for Ford Motor Credit Company, the Plaintiff herein, and as Plaintiff's representative is unavailable, he is authorized to take this verification and states that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief and that this verification is taken subject to the penalties of 18 Pa.C.S. § 1024(c) relating to unsworn falsification to authorities. Dated: David E. Stern, Esquire Attorney for Plaintiff Ford Motor Credit Company DSB:832701.1/000001-102002 MAR 21 2002 11:08 FR FMCC 410 312 3404 TO 91215405255G . _ ~ ~ .~, ~1~ ........... P.0~/09 · ' MAR 22 2002 i1:09 FR FMCC 410 312 3404 TO 912254052556 P. 07/0S' EXHIBIT "B" MAR 21 2002 11:07 FR FMCC 410 312 3484 TO g12154052556 P.0~×09 CERTIFICATE 0 OOOOOq FORD CREDIT TILL! ......... ' ...... ' .... ~' TRUST #~0~ CIRCLE ?$ PNI~Y ATLANT* GA 303q~ TI~T TRUST ATLANTA GA 303q~ I511AOLET- L INA1. LORY' WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP BY: David E. Stem, Esquire I.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103-2097 215-977-2556 Attorney for Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 3076 Columbia, MD 2104 VS. JUDITH PRESCOTT and JAMES PRESCOTT 670 Laurel Drive Boiling Springs, PA 17007 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. NOTICE OF HEARING FOR SEIZURE OF PROPERTY TO: Judith Prescott and 670 Laurel Drive Boiling Springs,.PA 17007 You are hereby notified that: James Prescott 670 Laurel Drive Boiling Springs, PA 17007 1. Plaintiff has commenced an action in Replevin and has filed a Motion for Writ Seizure of the property described in the Complaint. A copy of the Complaint and Motion are attached to this notice; 2. There will be a heating on the Motion on a.m./p.m, in Courtroom Square, Cumberland, Pennsylvania. ,2002, at , Cumberland County Courthouse, One Courthouse DSB:832701.1/001XI01 - 102002 3. You may appear in person or by attorney at the time and Place set forth or file written objections setting forth your reasons why the property should not be seized. WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP By: ~_i/f ~ ~--~ David E. Stern, Esquire WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP BY: David E. Stem, Esquire I.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103-2097 215-977-2556 Attorney for Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 3076 Columbia, MD 2104 VS. JUDITH PRESCOTT and JAMES PRESCOTT 670 Laurel Drive Boiling Springs, PA 17007 COURT OF COMMON PI.EAS OF CUMBERLAND COI~__ T'~} pA:', No. ' MOTION FOR WRIT OF SEIZURE COMES NOW, the Plaintiff, by it's attorneys, Wolf, Block, Schorr and Solis-Cohen LLP, and moves this Court: 1. Plaintiff has instituted an action in replevin in the above captioned matter seeking to gain possession of a certain 2000 Ford Expedition, Vehicle I.D. No. 1FMPU16L3YLA86324 ("Vehicle"). 2. A true and correct copy of the Complaint in Replevin is attached hereto and made a part hereof, and marked Exhibit "A". 3. Plaintiff has demanded possession of the Vehicle and Defendants have failed and refused to voluntarily return said Vehicle to Plaintiff. 4. Pursuant to Pa. R.C.P. 1081, the Court may at any time during the pendency of the action order the Defendants to appear and be examined orally under oath as to the whereabouts of the property. DSB:832701.1/000001-102002 5. Plaintiff is ready and willing to file a bond in double the amount of the Vehicle, to wit, $52,250.00. WHEREFORE, Plaintiff requests this Honorable Court to issue a Writ of Seizure, upon filing of the bonds. WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP David E. Stem, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW FORD MOTOR CREDIT COMPANY P.O. Box 3076 Columbia, MD 2104~ VS. JUDITH PRESCOTT and JAMES PRESCOTT 670 Laurel Drive Boiling Springs, PA 17007 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. og-/d'-d.3 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 fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 TRUE ~)Py FROM RECORD Testi~_,r~?;, I hm-e unto set my hand DS B:832701.1/000001-102002 WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP BY: David E. Stem, Esquire I.D. No. 30375 1650 Arch Street 22nd Floor Philadelphia, PA 19103-2097 215-977-2556 Attorney for Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 3076 Columbia, MD 2104~5 VS. JUDITH PRESCOTT and JAMES PRESCOTT 670 Laurel Drive Boiling Springs, PA 17007 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. COMPLAINT IN REPLEVIN Plaintiff, Ford Motor Credit Company, is a corporation with a place of business at the above-stated address. 2. Defendants Judith Prescott and James Prescott are adult individuals with a last known address as stated above. 3. On or about March 24, 2000, Defendants entered into a Pennsylvania Motor Vehicle Lease Agreement ("Lease") for a 2000 Ford Expedition, Vehicle I.D. No. 1FMPU16L3YLA86324 ("Vehicle") from Hoffman Ford Sales, Inc. A true and correct copy of the Lease is attached hereto, made a part hereof, and marked Exhibit "A". 4. By the terms of the Lease, Hoffman Ford Sales, Inc. maintained a security interest in the Vehicle. 5. Said Lease was assigned to Plaintiff; said assignment being contained in Lease. DSB:832701.1/000001-102002 6. Plaintiff's security interest is evidenced by a Commonwealth of Pennsylvania Certificate of Title, a copy of which is attached hereto, made a part hereof and marked Exhibit 7. when due. 8. 9. Defendants have defaulted under the Lease by failing to tender timely payments The Vehicle has a retail value of $26,125.00. Plaintiff believes and therefore avers, that Defendants, have possession of the subject Vehicle. 10. Defendants have failed and refused, despite repeated demands by Plaintiff to pay the balance due under the Lease or deliver possession of the Vehicle to Plaintiff. WHEREFORE, Plaintiff demands judgment of possession of the Vehicle, together with reasonable attorney's fees, interest and costs. WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP David E. Stern, Esquire VERIFICATION DAVID E. STERN, states that he is the attorney for Ford Motor Credit Company, the Plaintiff herein, and as Plaintiff's representative is unavailable, he is authorized to take this verification and states that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief and that this verification is taken subject to the penalties of 18 Pa.C.S. §1024(c) relating to unswom falsification to authorities. David E. Stem, Esquire Attorney for Plaintiff Ford Motor Credit Company Dated: DSB:832701.1/000001-102002 ' ~ 'H~R 21 2002 :L1:08 FR FF'ICC 410 312 3404 TO 912154052556 ~,a~-rz,7-~x~-~ MeterVehleleLeeae A~reernen~'Z~rm~ I,.~'.~,. I~CL4.~!~ I~..~-~l ~/~ ~1 · ~,~~.~ ...................... ,~ ' ~'~ '"~7~sa . :~.. ,. ?.7:. :'. ,." '~ '.:. ~,'~'.:'"' .l "~' f ,. . --~ ;~ _. .... , ~ ~_ P.06/0'3 -" 'IdRR 22 2882 ~1:09 FR FMCC 428 322 ~404 TO 922254852556 P,07/09 EXHIBIT "B" MAR 21 2v3E12 11:07 FR FMCC 4i0 312 5404 TO 912154052556 P,O3×P]9 CERTIFICATE 0 . ~xs . . ~';~, FORD CREOJT TITLING ...... ' ...... ' ..... '~' TRUST BLDG 8 SUITE ATLANTA GA F~O C~EDIT FORD CRED%T.TITLiNG TRUST P.O. BOX ATLANTA GA