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HomeMy WebLinkAbout06-2069GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY Plaintiff, V. ANNETTE BARRICK, Defendant(s). NO. OL o2O(?? l l(xL- COMPLAINT IN CIVIL ACTION Filed on behalf of: FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff, V. ANNETTE BARRICK, Defendant. NO. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff V. ANNETTE BARRICK, Defendant(s). NO. QL„-a.Q(LCl COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, by and through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE & FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver as follows: 1. Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, is a corporation with offices at 575 East Swedesford Road, Suite 100, Wayne, PA 19807. 2. Defendant is ANNETTE BARRICK, an adult individual, who is believed to currently reside at 754 ERFORD ROAD, CAMP HILL, PA 17011. 3. On or about September 17, 2003, the aforesaid Defendant(s) entered into a written Automobile Retail Installment Contract (hereinafter "Contract") to purchase a "Vehicle" from a dealer (Seller) as more fully set forth in said Contract. A true and correct copy of the Contract is attached hereto, marked as Plaintiffs Exhibit "A" and incorporated by reference. 4. "Seller" thereafter assigned the Contract to Plaintiff, FORD CREDIT. 5. Pursuant to the terms of the Contract, Defendant(s) were to make 72 payments of $390.94 commencing on November 01, 2003. 6. The terms of the Contract provide for termination upon satisfaction by Defendant(s) of all obligations provided thereunder. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make payments to Plaintiff as promised. & Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate the Contract. After calculating early termination charges due to Plaintiff, Plaintiff avers that a deficiency balance of $11,561.35 is due from Defendant(s) as of January 12, 2006. 10. Plaintiff avers that such attorney's fees will amount to $3,400.00. 11. Despite repeated request, Defendant(s) have willfully failed and/or refused to pay the aforesaid sum due. WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the amount of $11,561.35, plus legal interest from the date of breach, reasonable attorney's fees in the amount of $3,400.00 with continuing interest at the legal rate thereon from the date of Judgment plus costs. The damages requested are less than the maximum amount for compulsory arbitration as set by the Court. (412) 429-7675 PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATE Buyer (ntl C 8,.O Ndsa and A mss 0ndudin County and ZP C I CREOfiOq Nldhr Name entl AdMea) ANNETTE BARRICK NCCAFFERTY FORD SEP 1 8 200 16 B'REBACCA OR 6320 CARLISLE PIKE OUNCARRON PA 17020 NECHANICSBURG PA 17050 )lAAz( You, Ma BYf.r IoM WfNryv. nnrA nW' CrrI1M wNpN MvlOea MbMa qM der ontlML Tra •fall Rke• Mom IMlfi NtlM eon Pun d tln vMleb. The TdY 6tls Rua'son Maw N Me eMllpda. by dpntoli omnnelau adea taboo n ends nMMe a®nmans n No baud end hoes ON. moral NevnUSetl Year and Meese Model OVW n Truck Ih. Viewed NaaflcAOgl Nunrdds On Fw lynkh PulUroeO NEW TAURUS IFAFPSZU93617SSIS Fauna! 13 AS^ Ad Msl ? CMdndmds hidei 1996 EAGLE s 4681.51 E 4681.51 Year and khke rwoASNMane Anode onning, ITEMQATION OF AMOUNT FINANCED .. .._._ E 23633.57 IY) 2. Down Payment 4750.00 Third Parry ReWro Assigned to Creditor ............................ c h D E as o a?99?TZ11. ".S'468Y" 37"""y"""4'6Ai':5'I $-_ . Thai iAeo Total Down Pe meld E 4750.00 2 ...... _ ................. __............ ................. y ......... ( ) ,ST --runT 5. Un sid Bdanca d Cason Pride 11 minus 2)........_._........... . .... E (e) IwnoX (Salon may he Msinin9 a Donlon d Mass amounts) yow s. AndowIssr Peld on p an To a Companies for A L atneursn fix tsnn of 0. 0 ...........?...... Crash .. f-1 TA W. .1 clean Di DlsadlM Irounne Mreet).._. _.... m /alwA N/A ... N/A E O [Ter MaINM (ESti^? 1,e) 0 To fubg4 Omclde (i)1 license fine (E " ' 6 registration IE /A) aasr 2tl Sp ? (ii) for fling fees a ' U" ; 73 2 07.0 10 (iii) Ior taxes (nod in Cash Pliee X n a 02 00 E Amount PERCENTAGE CHARGE I Fl RATE Thedduralrwm ' TM aetdyprr Ire oadl wa Most a eye.M rah dow you Total of Total Sake Peymems Pries The sown The Rod cods you MII Ma dyour PionW aM whn you arerh. hoe merle d hddrs yda ed tuba aoeWp'nWp Psmlwd sch dud Me" of Amou?nd of Eddie whin PaymNIN Your a )® "Td" v3YU.94 mpd?u?erprg wa ke_ omen sdwtlub 1 find E- ni-64- l1/Il7M3 It yW Pay on "d NO easy. you ws ml Ma to pay a perry. VW mud Paf a IW crape n Me pons d eon OaMdm rodatl one de. TM dmrye ie 2 Demem d Me IW amount a E50.00 wnknear is lads. n you an M most war wand "mom. you may Iwo dw a cm Met you em Mann, Isar Me Podded, As tau - Man wa nrle nwee m m om a o& and - m.. rer.:.ee kr.l. . NON-MODIFICATION DISCLOSURE Any man,,. Me, nodded mud a M/ rffiq ware. or you em me rwaden. $IQYIELSq:y_ COgUVEq: X BYUTHE KARBITRATTION PROVISION HAVE READ AND AGREE TO BE BOUND CONTRACT. NOTICE TO BUYER Do not sign this contract In blank You are antftled to an exact copy of the contract you sign. Keep It to protect your legal rights. Buyer (and Co-Buyer) acknowledge that (f) before signing this contract, Buyer an Co-6uyer) received a revessect a srue ancomppkteiy filled In copy of this contract and (if) at the time of a pitim this eoMract. Buyer (and Co-Buyer) recerw aaruuee an comp y ideal in copy of this contract. 9UYEq 91aN8 ??? Tf6) WYEq M" 9Y elenYq Won Ms Sellnmpb We enrtreeL X Ma1Mr AWDae h nemas In A apnW .Maa19CL1'9'R'GkEa°"me adPuwna caencanmeny. fit n +wn.w Jwi m n*an ar'u+IA w ur61 SEE MCn FOR AUpmONAL AGREEMENTS FROM A PERSON OF YOUR CHOICE. YOU ARE NOT REQUIRED TO OBTI TO THIS CONTRACT DOES NOT INCL LUUHL 1TY INSURANCE COVERAGE BODILY INJURY AND PROPI DAMAGE CAUSED TO OTHERS. ?Credd LNe N/A Insurer N/A S Premium Insured(s) Sgnasie Credit ?Disablliry KJA Insurer E N/A Premium Insured Signature ? N/A N/A Other Optional Insurance Term R/A E W/A Insurer Premium na re crMlt LA, w Cron meapmry Nunr.rce fie to Me arm of me annm Tre a nwm na vanes and drown In a mars or 'red Ad elan as you way. Yes InuM Mahe Me Male. X e Burge le an. hNOw Me beats add try to NlF th, maregpaq Iwowd her May ft. awn. who Olson saide, of tl?iea Mde well tlme of I e?an d had wit non tlnn the Nmm d the Polly. O cwareee^ ir. D 5 MIA paW?h 'Whim D Flo Ttentomdad AdSdvml Coamge D Tawlrge ? Temr ?? MonMe(Errnne) Rinser $ 'Re- Caokeden wetar Addendum (Optlauq If YN Ma 4 dYdbd yW Mre pI/moa a may awehMn aNw. PrwMaee of this aidsaa t uyww ue: so rpa.d a m1eM task TO nmu d sessions d W dew ameuaun, wow en An NM lo W akeMad Addarden Mrh s ieMrpuraNd don tlb vntMa Tye pyre Me Ms ddss mmebuon wax a Ad loss n uIt . in ft emission a Anon) qumail uaa Salim 4. . irk -^ `gin d Program No. QUESTIONS? PLEASE CALL US AT 1-Wa 727-7000 w Visit us d www.tordonscitcom 05401 v \. h \l`V\ ?V 1 I( L• ADDITIONAL AGREEMENTS tb,ii kLJt al. A. Payments antl Summery Notice: You mus: make all prevmanls in U.5. funds when they are due, You may prepay your curb at any bore wllhoul broadly. This It a simple Interest comraal.. The aortal finance charge you agree m pay wldllaepmnd:&, yspoil3 payment PuAmps. The actual finance--'chirQel,heyJf'riedd ids 4S ella"Ine 6manca Charge {I you makao'y)oui p`iy'melytbGaYeYRI'R'1NH"J the scheduled dates or In less than the scheduled amount The Credaar will apply your payments first to the earned ant, unpaid pan of me Finance Charge and then o the Amount Flnonced_ The Credilor earns the Finance Charge by applying the Annual Pe¢emage Rate. In the Untold Amount financed for In,, actual tame the hoped Amount Financed s auttendmg. the vghicle.la repossessed, you wit' not have a rtghl'ididireted It (adntlam unless Ina clean or agree s. A11l B. Security Imeresl: You give the Creditor a secumy Intersel In: L The vehicle and all pans or other goads put on the Venial 2. All money of goods retailed for may vervion and (i0 ,,p„I1 3. All insurance premiums and service con pasta financed for yea This secures payment of At amounts you ewe in this proceed , al also aeCllrea your other Agreements in this Contract. Aym 0 n I C, Use of Vehicle - WARRANTIES: You must take care of the vehicle and obey all laws in using fl. You hey not sell pr fen) the vehicle. and you must keep it free tram the claim s,clogred, Yen will not use or permfl the use of the vehicle odlsldo'al'lhb Union under, except for up 10 30 days is Canada or Mexico, without the prier written consent of the Creditor. If the vehicle Is of a type normally used for personal use and the Cradltpry, or the wall manufacturer, aiderltle A written wepanty be service contract covering the vehicle within 90 days handful dale of this contract you gat implied warrandeal of merchanWblllty and I16hs for a podicult r purpose covering the vehicle. Otherwise, you understand and agree that there are no such Implied werranpe?.. D. Insurance: You musl insure youmell cad the Gredilorreyain0l l lass or damage to the vehicle. The Creditor must approve the typo end amount of assurance. II the Credit., oPlains a refund on spituanoO or scheme Centraere, pre Credilor yon sublpipt " ,.Iran from what Yso owe. Whether or not the vergicit I9 Insured you must p,for It II It Is lost, con 9arlai r destroyed' be 1010E If a charge for wnide insurance is shown on the front, the Credits: will try to buy the coverages checked for me term shown. To. Creditor a hot ],able, though, if he cameo: do so, If these overages ..at more than the amount shown lot insurance, the Creditor may buy them for a shorter term or he may give you credit for the amount shown, It do cannot buy any Insurance, he will give you credit for the amumml shown. The credit will be made to Abe'lasd payments due. o\H r Late Charge: You will have to e y e late charR the p iion of each payment made mdie ?Ihan pen days laQoL }' k The charge is shown on the front. Acceptance of a late pey4r,e<dldees 01 not excuse your default or mean that you can keep making payments alter they are due. The Creditor may take the Bless set loon is this contract, it there is any harboll. A0U F. Defeutf. You will be to demull il: 1_ Yell de not make A payment had I Is day er 2. Yea gave rotor, or ramp ng tnmrmauprLp[n yp f 9P 1'CL app osib r relating to this L9mrpal, err _RU HCU{1C BZet 5 Yew vehicle is seiffid:bg aA)gldc3UElsle; or fQdeaCh43h2) aolnom antl Ia hot temple Pon .1syddhIkf handed to you' or 4_ Vmi the s bankruptcy petition or one is filed against you, or 5. You an not keep any other promise 1n this contract. If you ere In default Iho -rooter may require ypep pay at once the Intend Amount reg(ei the earned and fpgypap pall .1 Mg Finance Charge and all other amounts due derider this cgamod OUHg(May repossess (fake back) the veMeler Apple. Hggmay also take 'uses found as or be the vehicle When repossessed and bNd Inch or you. II the vehldo is taker, ball,, he will and Veu o force_ I no notice will say that you may redeem (boy back) Iho vehldo. If will also show Its amount needed to usual You may redeem the vehicle on to the time the Creditor sells it or agrees to sell it, 11 ,on do not redeem It,...here, .1 was be sum. Thai G AST., will capture 'money from papal Idea the showed expenses, to pay rho amount still owed on mla contract. Expenses paid as a direct result of having to retake the vehicle hold it for sale, and sell it are, as permitted by If allowed expenses. Lssedi'fees and logal costs permitted by law are allowed In. The Creditor will pay you any money left la surplusl. You elf pay any money still awing offer the ..In to the Credilor_ If you do not pay day amount when the Chancier asks, the Creditor may charge you interest at the highest lawful to until you pay_ AAH nAPI UGG-SCOna ors, Reports: You authorize Ford Motor Credit Com- pany is obtain cgnsame' credit reports Jmm consumer rspecing agencies dea dil bureaus) Ig,h any reason antl aI any time in wn- moramn whndhi.i P?Oed. H. General: To cbni i did Motor Cmdll Compady about the assure, call i-800-127-70MRAiso, you may snake !due.. and other seleGad chamber `aCeWw Caroni dl .pards'71X; b yl(dl Pen, sylvania applies to this cen)rayt_ If the law does not P iRWWijaI of the agreements in this contract, the ones that are not alfowbo will be void. The rend of this contract will dill be 'bad FTC NOTICES' I NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY Used Motor Vehicle Buyers Gufde. It you are buying a used wided, with this coulrad, federal regulations may require e special Buyers Guide to be tlisplayed per the window of be vehicle THE„ JNFORMATION, YOU SEE ON THE WINDOW T09M FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS GUARANTY To cause the Geller to welt the vehicle described on the front of pays comsat to the Buy., on credit, each parson who signs below es a'Gliairl puaranlaes the payment or this contact This means that if the Buyer lens to pay any money then to owed on Ws contract, each one who signs as a guarantor will pay ll when asked. Each person who signs below agrees that he will be liable for the whole amount owed even it one or more other phrases also signs this Guaranty. He also agrees to be liable seen it the Creditor does one or Marc of the following: to) or... the Buyer mare time to pay ooh err more peYhents, or de gives a release in lull or in pan to any of the other Oprobbotors, or Cry relapses any security. Each Gearanto' also slates then he has reserved A completed copy of this contact and 1h16 Guaranty at the time of signing. Guarantor - Address Guarantor Address BEAU IHis AHbilel HUN YNDVISIpN CAHEFULLY AGE IN 115 EN IIel I Y ARBITRATION - Arb'ildem is e method of reseiym; any claim, dispute, or samovars, preforNwhy, .'Claim')' without filing a lewsull in curb, Either y or Conduct ('us" an 'Me I (each, a Pany'1 may choose al any Irmo, Including Prior a lawsuit is fired to have any Claim related Io this of Iraq decided by adlibalion. Such Claims include but are not limited I. the fallowing: 1) Claims In contract, Ion, regulatory or otherwise, Claims regarding the interpretation, scope, or validity of this clause, or aphis ability of ant, issue; n) Claims be..., on antl us, t employees, agents, successors, menor5, mediclarles, or adlfiate5 4) Claim, .(lain, out eor relating to yPat a mic alien for Chem„ I contract, or any resulting Imnsacfion,or h atebodup, defend, Mat with the deafer, or any such relationship with third parties who do i sign this contract ' RIGHTS YOU AND WE AGREE TO GIVE UP caner you or we Promise to a made a m, then you and we agree In waive the following right: RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST US WHETHER IN COURT OR IN ARBITRATION BROAD RIGHTS TO DISCOVERY AS ARE AVAILABLE IN A LAWSUIT RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR OTHER RIGHTS THAT ARE AVAILABLE IN A LAWSUIT Rights Von And We Do Not GI V, If a Claim Is amilatee, you and we will continue to have the following dghis, without waivled Ihis arbilraJon prowaien role any Clalml?) Fare W Ills benkmplcy in tour: 2) Fight to enforce the memory mlarest re the vahkte, wtmther by ou'llession or through a crud of taw, 3, Right to take legal action Io enforce the erbkrpdo(s tlecisioe', and 4) Rigor to request that a court of law review whalnW the indurclor exceeded its demorifm Eener PaM mus contact any association below and the alder Perry to strt amhratfon. The applid,cte imfersgIslo 1) may be .m. con I'd. in, assromilmr - . American ACeaalion ACMO Irtmd ('AAA'), of 1.BDd 778 7879, m wwv:.adL,d, II there Iae dentiid solaced the Rules and Pis dreIrecl, Ihs contract shall govern. This conlmct in e.,blecl to the Feberol evolution Ig U.S C 4 1 el sap _I and the Federal Rules of Evldence_ The operates, decision shall or, In .riling with a supporting opinion, We pay an, lotal rf nabs emulation lees and expenses and including attorney fees, except where grounds tw otherwise Provides s of $125. We vol pay it., whoia (ins tee h we dre,i ahyrri s, last. Any crunch of els emus err clause Ihel Ia unes,,ro, F= her nn.w lei ..am ywyal l VERIFICATION The undersigned is an authorized agent of the Plaintiff and verifies that the facts and statements made herein are true and correct based upon my knowledge, information and belief, and are based upon and have been obtained from a review of the facts and information contained in the business records of the Plaintiff supplied to us by Plaintiff. Counsel has signed the verification as a matter of time and convenience. The verification of the party will be provided if requested. The statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: April 07, 2006 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 77- N C/I GREGG L. MGRRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR ) CREDIT COMPANY ) NO. 06-2069 CIVIL TERM Plaintiff, ) V. ) ANNETTE BARRICK, ) Defendant(s). ) PRAECIPE FOR DEFAULT JUDGMENT Filed on behalf of: FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main Street Carnegie, PA 151,106 (412) 429-7675 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR ) CREDIT COMPANY, ) Plaintiff ) V. ) ANNETTE BARRICK, ) Defendant(s) ) NO. 06-2069 CIVIL. TERM PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY Please enter a judgment against the Defendant(s), above named, for failure to file an Answer to Plaintiffs complaint. Amount claimed in Complaint $11,561.35 Interest from January 12, 2006 $327.20 Attorney's fees $3,400.00 TOTAL $15,288.55 With continuing interest on the principal amount of $15,288.55, with interest at the legal rate, plus costs of suit. I hereby certify that a written notice of intention to file this praecipe was mailed to the Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the, Notice is attachpd. .C. ena e & Felix,, 213 E. Maim Street Carnegie, P 15106 (412) 429-7075 C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA y o4_, this 7 'piaf 20 Public NOTARIAL L TERESA L LESKO Notary Public CARNEGIE BOROUGH ALLEGHENY COUNTY My Commission Expires Feb 11. 2008 FORD CREDIT t/d(bfa FORD MOTOR ) CREDIT COMPANY, ) Plaintiff ) V. ) ANNETTE BARRICK, ) Defendant(s) ) NO. 06-2069 CIVIL TERM' PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF NOTICE PURSUANT TO PA.R.C.P.1037(b) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said County and State, Personally appeared Gregg L. Morris, Attorney for and authorized representative of Plaintiff, who being duly sworn according to law, deposes and states that the Defendant(s), ANNETTE BARRICK, is not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1, as evidenced by the attached copy. Sworn to?n d subscribed before me Carnegie, PA 15106 (412) 429-7675 GREGG L. Moms, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT`', PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY Plaintiff, V. ANNETTE BARRICK, Defendant(s). NO. 06-2069 CIVIL TERM IMPORTANT NOTICE Filed on behalf of: FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 East Main ?treet Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT`', PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, NO. 06-2069 CIVIL Plaintiff V. ANNETTE BARRICK, Defendant(s) To: ANNETTE BARRICK 754 ERFORD ROAD CAMP HILL, PA 17011 Date of Notice: May 04, 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTE A WRITTEN APPEARANCE PEROSONALLY OR BY ATTORNEY AND FILE IN WRITING WI 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 JUDGMENT MA BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPS Y OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORT14 BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TH19 OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LWAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 By: Pate'=ad"e Felix, A.P.C. 213 E. Mai Street Carnegie, 15106 (412)429- 675 I, GREGG L. MORRIS, attorney for Plaintiff, FORD CREDIT t/d/b/a FORD i MOTOR CREDIT COMPANY, herby certify that a true and correct copy of the foregoing document was served this day by US First Class Mail, postage prepaid upon the following: ANNETTE BARRICK 754 ERFORD ROAD CAMP HILL, PA 17 1 Date: May 04, 2006 Xenaude & Felix,l4.P.C. Attorneys for Plaintiff 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 O t C7 ry N ? n -sl cT ,? rT r l ?D ', O ri T v GREGG L. MORRIS, ESQ. PATENAUDE & FELIX, A.P.C. 213 E. MAIN STREET CARNEGIE, PA 15106 (412) 429-7675 FACSIMILE (412) 429-7679 PA ID#69006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR ) CREDIT COMPANY ) Plaintiff, ) V. ) ANNETTE BARRICK, ) Defendant(s). ) NO. 06-2069 CIVIL TERM NOTICE OF ORDER, DECREE OR JUDGMENT Filed on behalf of: FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff Counsel of Record for This Partya Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & FeI4, A.P.C. 213 East Main *eet Carnegie, PA 15106 (412) 429-7675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT t/d/b/a FORD MOTOR ) CREDIT COMPANY, ) Plaintiff ) V. ) ANNETTE BARRICK, ) Defendant(s) ) NOTICE OF ORDER. DECREE OR JUDGMENT TO:( ) Plaintiff (X) Defendant( ) Garnishee ( ) Additional Defendant You are hereby notified that the following Order, Decree, or Judgment has against you on _ 5'r _Q, 261)L ( ) Decree Nisi in Equity ( ) Final Decree in Equity ( X) Judgment of ( ) Confession ( ) Verdict ( ) Court Order ( X) Default ( ) Non-suit ( ) Non-Pros ( ) Arbitration Award ( X) Judgment in the amount of $15,288.55, plus cost. ( ) District Justice Transcript of Judgment in the amount of $ plus costs. If not satisfied within sixty (60) days, your motor vehicle operator's suspended by the Department of Transportation. Proth NO. 06-2069 CIVIL TERM By. Deputy If you have questions concerning the above, please contact: Name of Attorney: GREGG L. MORRIS, ESQUIRE entered wil be 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 SHERIFF'S RETURN - REGULAR CASE NO: 2006-02069 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD CREDIT TDBA FORD MOTOR VS BARRICK ANNETTE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARRICK ANNETTE the DEFENDANT at 1608:00 HOURS, on the 13th day of April , 2006 at 754 ERFORD ROAD CAMP HILL, PA 17011 by handing to CARL KOBLER, BOYFRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Affidavit .00 Surcharge 10.00 .00 So Answers: .? ik? R. ne 42.08 04/17/2006 PATENAUDE & FELIX Sworn and Subscribed to before By: me this day of A. D. Prothonotary i --,% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT ) COMPANY ) Plaintiff ) V. ) ANNETTE BARRICK ) Defendant(s) ) MEMBERS 1 ST FCU ) Garnishee ) NO. 06-2069 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Filed on behalf of: FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA- 134 Prcp Writ of Exe P&F File No. 2800.4349 Al -491" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT ) COMPANY ) Plaintiff ) V. ) ANNETTE BARRICK ) Defendant(s) ) MEMBERS 1 ST FCU ) Garnishee ) NO. 06-2069 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION To The Prothonotary: Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against, ANNETTE BARRICK Defendant(s); 75x1 Erfornl W, (24u-nP Hiji, PA 1 *70 It (3) against, MEMBERS 1ST FCU, Garnishee; ?ooo Bryn Mawr PA, Carifate, PA 17o13 (4) and index this writ (a) against, Defendant(s) ANNETTE BARRICK, Defendant(s); and (b) against MEMBERS 1 ST FCU, Garnishee; as a lis pendens against real property of the Defendant(s) in the name of the garnishee as follows: (5) Amount due Interest from May 19, 2006 At 5.00 % per annum (Costs to be added) PA_134 Prcp Writ of Exe P&F File No. 2800.4349 $15,288.55 pu W 3t C? p 0 6O U 6 0 0 0 0 © <x? ?z r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2069 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY, Plaintiff (s) From ANNETTE BARRICK, 752 Erford Road, Carlisle, PA 17011 (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: MEMBERS 1sT FCU, 1000 Bryn Mawr Road, Carlisle, PA 17013 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 $15,288.55 L.L. $.50 Interest from 5/19/06 at 5.00% per annum -- $1,814.36 Atty's Comm % Due Prothy $2.00 Atty Paid $133.58 Plaintiff Paid Date: 12/19/08 (Seal) REQUESTING PARTY: Other Costs to be added 2 C is R. Lon nota 7 By: Deputy Name GREGG L. MORRIS, ESQUIRE Address: PATENAUDE & FELIX, APC 213 E. MAIN STREET CARNEGIE, PA 15106 Attorney for: PLAINTIFF Telephone: 412429-7675 Supreme Court ID No. 69006 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-02069 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FORD CREDIT TDBA FORD MOTOR VS BARRICK ANNETTE And now NOAH CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:40 Hours, on the 5th day of January , 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , BARRICK ANNETTE in the hands, possession, or control of the within named Garnishee MEMBERS 1ST FCU 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to BRIAN PETERS (BRANCH MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: So -we ?C?'?%"? Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County Sworn and Subscribed to before me this V V 01/06/2008 day of By Deputy Sheriff A.D r?- T. ??! ? ?-t ' _ t x RECEIVED JAN 0 5 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff V. ANNETTE BARRICK MEMBERS 1 ST FCU Defendant(s) Garnishee NO. 06-2069 CIVIL TERM AusUDes TO INTERROGATORIES IN ATTACHMENT EXECUTION Filed on behalf o£ FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. 469006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA_139 Interogs Atteh Exe P&F File No. 2800.4349 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/D/B/A FORD MOTOR CREDIT ) COMPANY ) NO. 06-2069 CIVIL Plaintiff ) TERM V. ) ANNETTE BARRICK ) Defendant(s) ) MEMBERS 1 ST FCU ) Garnishee ) OFFICES OF PATENAUDE & FELIX You are hereby notified to BY: GREGG MORRIS, ESQUIRE plead to the enclosed 213 East Main St Interro tories within 20 Carnegie PA 15106 days fr m he date of 858-244-7675 hereof r a of It judg ent y be entered agai ou. r gg Mo s, Esquire Aftomev f 6r Plaintiff You are required to answer the following interrogatories about glen ant(s) whose address is 752 ERFORD ROAD, CAMP HILL PA 17011. You must file with the Co rt answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in a default judgment being entered against you. A copy of said answers must be served on the undersigned. If your answer to any of the following interrogatories is affirmative, specify the amount, value and/or nature of the subject property. PA_139 Interogs Attch Exe P&F File No. 2800.4349 1. At the time you were served or at any subsequent time, did you owe the defendant(s) any money or were you liable to defendant(s) on any negotiable or other written instrument, or did defendant(s) claim that you owed them any money or were you liable to them for any reason? If yes, please specify as set forth herein. No kwo? 2. At the time you were served, or at any subsequent time, was there in your possession, custody or control, or in joint possession, custody or control of yourself or others, any property of any nature owned solely or in party by the Defendant(s)? If yes, please list and describe the property. y (0 kcouot 3. At the time you were served, or at any subsequent time, did you hold legal title to any property or any nature owned solely or in part by the Defendant(s)? If yes please list and describe the property. No kaurA-- 4. At the time you were served, or at any subsequent time, did you hold as fiduciary any property in which the Defendant(s) had an interest? If yes, please list and describe the property. NO k(600 t PA 139 Interogs Atteh Exe P&F File No. 2800.4349 5. At any time before or after you were served, did the Defendant(s) transfer or deliver any property to you, or to any person, or place pursuant to your directions or consent? If yes, what was the consideration therefore? 1 `10 ?JVY 6. At any time after you were served, did you pay, transfer, or deliver any money or property to the Defendant(s) or to any person or place pursuant to their direction, or otherwise discharge any claim of the Defendant(s) against you. No koun E 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 electroncially 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, 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. Nb kcmf PA_139 Interogs Attch Exe P&F File No. 2800.4349 8. If you are a bank or other financial insitution, 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. § 8123? If so, indentify each account.. No AMY) f- Patenaude & F", A.P.C. Date: December 14, 2008 Esquire 20 E. A 15106 Cede, 77675 12)//42 PA_ 139 Interogs Attch Exe P&F File No. 2800.4349 0 r ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff V. ANNETTE BARRICK MEMBERS 1 ST FCU Defendant(s) Garnishee NO. 06-2069 CIVIL TERM WRIT OF EXECUTION Filed on behalf of. FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. #69006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA 135 Writ of Exec P&F File No. 2800.4349 r 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Plaintiff V. ANNETTE BARRICK Defendant(s) MEMBERS 1 ST FCU Garnishee WRIT OF EXECUTION Amount due $15,288.55 Interest from May 19, 2006 At 5.00 % per annum $1,814.36 (Costs to be added) $ To the Sheriff of Cumberland County: NO. 06-2069 CIVIL TERM To satisfy the judgment, interest and costs against ANNETTE BARRICK, Defendant(s), (1) You are directed to levy upon the property of the defendant(s) and to sell his interest therein; (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBERS 1 ST FCU as Garnishee, and to notify garnishee that (a) an attachment has issued; (b) the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof, (3) If property of the defendant not livied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Seal BY PA 135 Writ of Exec Prothonotary P&F File No. 2800.4349 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is T (Name) ? i ?" Q fie,-?+)c?15 Itic?(,c{S of M8rt 1S 1st Federal Credit U:aran (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNA RE) 1:77, ` ? r p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT ) COMPANY ) Plaintiff ) V. ) ANNETTE BARRICK ) Defendant(s) ) MEMBERS 1 ST FCU ) Garnishee ) NO. 06-2069 CIVIL TERM PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE ONLY Filed on behalf of. FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY Counsel of Record for This Party: Gregg L. Morris, Esquire Pa I.D. 469006 Patenaude & Felix, A.P.C. 213 E. Main Street Carnegie, PA 15106 (412) 429-7675 PA- 170 Prep Disc w/o Pijdc P&F File No. 2800.4349 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FORD CREDIT T/DB/A FORD MOTOR CREDIT ) COMPANY ) Plaintiff ) V. ) ANNETTE BARRICK ) Defendant(s) ) MEMBERS 1 ST FCU ) Garnishee ) NO. 06-2069 CIVIL TERM P FCIP + TO DISCONTINU WITHOiTT p? njDI a TO A Ni?u?, r nNLY TO: Prothonotary Please discontinue the matter captioned above without prejudice as to Garnishee only. Thank you. Respectfully sub e Patenaude & ix, .P.C. Date: April 09, 2009 Gregg eofi;, Esquire 213 i Street C gi , A 15106 (41 4 -7675 Sw0Jm to and subscribed before me this C'-*- day of 20,?q s- Notary Public PA- 170 Prcp Disc w/o Pddc NOTARIAL SEAL HEATHER L GOGAL Notorv Public CARNEGIE BOROUGH, ALLEGHENY COUNTY MY Commission Expires Oct 19. 2011 P&F File No. 2800.4349 I, GREGG MORRIS, attorney for Plaintiff, FORD CREDIT T/DB/A FORD MOTOR CREDIT COMPANY, hereby certify that a true and correct copy of foregoing document was served this date by ordinary mail upon the following: MEMBERS 1 ST FCU 5000 LOUISE DR PO BOX 40 MECHANICSBURG, PA 17055 Date: April 09, 2009 rpg L. Morris, Esquire l aude & Felix, A.P.C. .3 E. Main Street Irnegie, PA 15106 12) 429-7675 PA_170 Prep Disc w/o Pr do P&F File No. 2800.4349 FILED--CFFCE OF IHE' RROTWINInTAPY 2009 APR 22 P 1: 2 4 u?v Js l *8, 00 po co % ert am w .? v J 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: Docketing 18.00 Poundage 1.69 Law Library .50 Prothonotary _ 2.00 Mileage 4.50 Surcharge 30.00 Levy 20.00 Postage .44 Garnishee 9.00 $ 86.13 ? i.?/??09 CD 3 qS I c' fa i rah d [In" Advance Costs: 200.00 Sheriff's Costs: 86.13 113.87 Refunded on 06/16/09 So Answers, R. Thomas Kline, Sheriff B Sharon R. Lantz 6k -10 137 !C--: wa :) 4 ?/r