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HomeMy WebLinkAbout06-2620ARBITRATION 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) 789-7154 FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. KANDY R GILBERT 1212 Mainsville Road Shippensburg, Pa 17257 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you most 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 in the claims set forth against you You are warned that if you fail to do so the case may proceed without you and ajudgina t 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 my lose many or property or other rights important to you. Defendant(s). Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. C5L -o?G.e26 Of. ? L' CIVIL ACTION COMPLAINT AVISO Le ban demandado a usted en Is come. Si noted quiere defenderse de esras demands, expuestas en has paginas siguiems, usu d fiene veinte (20) digs de plazo at partir de Is fecha de In demanda y Is notification. Hate falta asenur i n t comparencia escrita o en persona o can un abogado y entregar a Is corte en forma escrita sus defensas o sus objeciones a has demandas m contra de so persona. Sea avisado que in usted no se defieWe, Is carte tomn medidas y puede confinuar Is demanda en conks suya sin previo aviso o notificacion. Ademas, la carte puede decidir a favor del demandam y requiere clue usted cumpla con todas las provisions de esta demnda. Usted Poetic perder dinero o sus propiedades a orm derechos itriparantes pan used. 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 O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 FORD MOTOR CREDIT P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. KANDY R GILBERT 1212 Mainsville Road Shippensburg, Pa 17257 Defendant(s). ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. ©4o - .26-:Z0 (11,,;L 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, Kandy R Gilbert, is an individual who resides at 1212 Mainsville Road Shippensburg, Pa 17257. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 4. On or about September 27, 2004, 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 $10,286.05 at an annual percentage rate of 20.250%, in order to purchase a certain motor vehicle, 2001 Mercury Sable 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 $314.26 for a period of 48 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 July 6, 2005, but has failed to make any further payments thereafter, and are therefore in default of the Contract. 7. As a result of the default by Defendant(s), and pursuant to the terms of the Contract, the above-mentioned vehicle was repossessed and a notice of repossession was sent to the Defendant(s) giving the Defendant(s) the opportunity to redeem the Vehicle as well as notice of the sale date. A copy of the notice of repossession and notice of sale date are attached and marked as Exhibit B. 8. The Defendant(s) failed to redeem the Vehicle and the Vehicle was sold at auction with a credit given to the Defendant in the amount of $6600.00, however a balance of $4022.42 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 $417.31 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $4439.73. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $4439.73, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. submitted, P.C. THOWAS R. DONUNCZYK, ESQUIRE Attorney for Plaintiff VERIFICATION I, THOMAS R. DOMINCZYK, ESQUIRE, verify that I am the Attorney of record for Plaintiff, FORD MOTOR CREDIT COMPANY, and duly authorized to make this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. JIRE DATED: April 10, 2006 EIWBYLYAWA SUPLE WSUERT VEHICLE RETAL INSTALMENT CONTRACT DATE YXXr?GMolxwXXq 4X9Ox M1?nIxR GYi Mlx GY1 CIIIwwIMmrWr MAfxOYI MIT ANQ?wR FA 17257 ? ?f??`?r1???r 7J `4 PO 3 YOUN FWNP L GM RIa.._........... _. .. ........._....._......._....._......_....._.....__ ... . f 10181 [0 pl .... •w ?nr. w. ncwm ?.. CRFOR LIFE, CREDR N! f. Gmn P.". SURA CI NTR Tnw FXM R1e AUNNr ............. ......._... fMIA T vl ew COMPACT CT WILL _ N Oa.n Pgmni ..._ .......... ........ .._...._............ _... G S?O 00 AND AGUE UNLESS YOU WO AN ADP!! TrXMN _ f N/A $ MIA SJNA. 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Y b CYwF? ?E57 i0R0 1¢ iy Tw ?Ar CYmxiR XNYtl AYYAY PTYeaI X IIY M Y XeWX IY Yw PYrX . YrY /tlsYn wlwr rYa? tl N lwy ? FImXI w x w xqw b rlxY mp.lY rY M aigXm tl M r1 mYrxln eNm w Ox ?NM?IYX?YYm?W iY?YF x ? lYi ?l w McVn XM 4?iebn p ago N0. GUEBTIONST PLEASE CAU US AT 1JDPTETJ Pr ? VYY w a xxxJdiaerXdL9ain 4Ym ' um I+m. r.?rmrV iHYW.M9w111rIXLL 9GNWDlb wnxu .._ reforr ___ ----------- ---------- FDrd Ab1mr CrerW Company CdWPEnY PMErrYd PryrwW yPIED EINENIIN11f A4MdrlYWidn y rXX?F.w Y.Y r . Wes. A??4Y yrFM IwYia 1eYm.mmMrmX.v.Y .n.wm?Yw?w _=4wr w MY` r YM ?. wWrlnw/?miwFw?bM.r F.. Mw?FU.mY. `=?Y YYn? wYYrtllV. YY?mYY.r.VYI?1m? u?.ytiX TF?Y Xs?Y. w 4 ?, ice. ? nF ?wOr.r+w?aF. Y Y mwm? ??.XXIw??.ew?? ImYXm? F ?.mFe?y F..suYYmryr L _ "'PRN- Fond Motor Clog Camp" P.O. BOx 3076 COLUMBIA, NO 21045.0078 (800) 8774730 P02T77002110631 KANDY R. GILBERT 1212 MAINSVILLE ROAD SHIPPENSBURG PA 17257 Debof Rapaaaaaston 083>2005 Dab M NO -Dde 01 COMW 0801-2005 0&27-2004 Account Manias: 037857731 B KANDYR. GILBERT Colbuffer DESCRIPTION OF PROPERTY Peer Meko 20D1 MERC ? New Used Vehicle IoerRBk:Mbn Number: 1MEFM55921A630652 Madst Buoy SABLE 4IR NOTICE OF OUR PLAN TO SELL PROPERTY We haw your prop" described above because you broke promises In our agreement. Q PRNATE BALE: We ail sou the property desonow above Y pdvab eW somelkfre after 15 dap from me Dab of Ndke show above unless redsa re by you prior to such sale. ? PUBLIC SALE: We Will ash the property tescribed above A public sale to the highest bidder on the date bebx(err any, adlo mmeht date). The sale wll be held es rollers: Date of Bate Time of Sale Place of sale You coq abed the 1W and berg bidders N you went. NOTICE The money that we gel from the sale (after paying our costs, Including reasonable attorney's fees and legal expenses if permitted by law) will reduce the amount You owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone also. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), Including our expenses. See How To Get Your Property Back tar an aemizalion of amount owing. To loam 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 were 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 under 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 14OW TO GET YOUR PROPERTY BACK To got your properly back, pry d inks amount by certifies check w money order before the whkw Is soli. Unpaid Balance s 10,276.65 Plus Costs: Rapp Expense _ $ 380,00 Plus Lab Charge $ 1829 Lass Fines Charge Rabid $ Lau Insurencs Pdnlum Rebels $ TOTAL S 10,855.34 (Pku expenses Incurred if ddul at the time of repossession exceetlM 15 days and Was rebels received sera the date of this notdt Your Property amt be sob until 16 days after Me did of this notke at be EARLIEST. After that you can atA ad 8 beak any tide before as actually sold. If you W. we'll now no further cWm m 1, But the kngr you MR. the more mate Oncludirg repairs) you may Mve to pay. N you Mve any questions about this, Places cal us. ? The property has been (or are be) rMUmbtl M: ( MgM creditor) Under our agnerrient with Mar abr/orbinst creditor, creekNosduly/adgisal pedlar b to salt the property and pay you any money std star. It I YOU yco oxa Money after the saI*, M, you yon we ig pry 4 B to to IM daYerbdynot crldtw. ? PERSONAL PROPERTY'. AM Personal propafy found in the vehicle may be reclaimed by you vermin the ned SO drys w, in accordance with seats Isw, by contacting this infece. Thereafter, the personas property, atoll be disposed of accordingly, ? Creditor hn assigned to e quWW ImatmeCary tO1 Exchange, LLC) Be rights (bud not as adgalbns) win respect to the we w each vehicle bb0 above. PAYMENTS: All peymerre ro sae mere b M oMNled oMak err moray was. MILEAGE DISCLOSURE: You ale bribe Prat Nle mNege re0ederl m the whicie'a odomMar is not accurate forary ream, plane contact w so thst we can accurately report the venture mileage. INSURANCERIGHTS: Ifyou domwardtogas yourpropertyrick, call me insurance 00nPWYw Sit dOdWANgidl wedhwto makesure that any Innner e has been carreled. You have a right to gel credit for oil premium refund. JESSICA A. SNYDER s. o2 HMwagnpnlr wr xorerrxn. ---- CUSTOMERICUBTOMER FILE N.uonuusx. Phmca N Wd MONtNM9tlMw Wyk W.AW NIYLYmp llw ?,?J?? ?IYmgn OMwry(YwMb?9 wre~WMi MUWM i rt A " n te m 38120 o cwft? o„? .. ; s F P o 1 zoos 1 4 84 cn 11 .4 8 IOlrAR ?t?YYN{?? NRaYp MJWgW Ova W4?fJM N VYW YCgp 4 Fa YG Fa B fa R N -U0631I20638432 7005 1160 0003 4873 2580 SP-024430251--' U0831/20636436 7005 1160 0003 4873 2627 JASON W. CRI33M ` 74070 PO BOX 288 PATRICIA M. DEPNER ---- ?'t-- f }- RIMERSBURO PA 182 248 -"- = - - 214G CT 2148 CTY RD Y ' - STEVENSPOINT WI 54481 I U083020538433 7005 1160 0003 4873 2517 -". U0831/20536437 7005 1160 0003 4873 2634 BP-034844342 JJ-038720858 U083120538434 BP-027223884 7005 1160 0003 4873 2603 - CANDICE J. LOCKETT "- 6218TH AVE "- - -- " NEWKENSINOTON PA 15068 _-" ---- °LLI W 1764 u 8r M'mry Act 6hmmaMYm Rw Ford Motor Credt Company PO BOX 3076 COLUMBIA MO 21046.6076 800 6770730 DATE: 2005-10-05 P032SH00000071 KANDY R. GILBERT 1212 MAINSVILLE ROAD SHIPPENSBURG PA 17257 STATEMENT OF SALE Account Number: 037857731 The following property has been sold. Year Make Model Vehicle Identification Number: 2001 MERC SABLE 1MEFM56821A630652 Balance owing on your contract (1) $ 10,295.34 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 10.295.34 Deduct: gross proceeds of the sale (4) $ 6.600.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 3 695.34 Add: Expenses of retaking and storing, and (6) $ 552.00 any attomeys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (7) $ -- 0 00 Other. (8) $ 224.92 (9) $ 4022.42 Deficiency" 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.O. BOX 6508 DEPT 194101 MESA ARIZONA 85218508 P.O. BOX 55000 (800) 732-2264 DETROIT MI 48255-1941 FFNA11NO 01/06RMOuaMftnsmay NOTb .s 77 d gn ICE t. fl, 1Y f - ? ? ? W ? MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Attorneys for P 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 FORD MOTOR CREDIT COMPANY CUMBERLAND Plaintiff COMMON PLEA V. Case No. 06-2620 KANDY R GILBERT Defendant(s). TO THE PROTHONOTARY: Kindly substitute the verification of the Plaintiff, Ford Motor the verification previously filed. COURT OF Company, for that of Respectfully submitted, NJA4ffgCykj& NEEDL MAN, P.C. Attorney for Date: 4 F47 /W ESQ CERTIFICATE OF SERVICE I, Thomas Dominczyk, Esq. hereby certify that on this date Ilhave 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 KANDY R GILBERT 1212 Mainsville Road Shippensburg, Pa 17257 P.C. BY: Thomas Dominc Attorney for Plaintiff DATED: e/) IV VERIFICATION 1, Diana M .Donald verify Representative for Plaintiff, Ford Motor Credit Company, and are verification on its behalf; that statements made in the foregoing the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 unworn falsification to authorities. BY: DATE: MAY 0 9 2006 KANDY R GILBERT Our file no. 3388 48063000000037857731 I am the Authorized authorized to take this are true and correct to .A. §4904 relating to ,. N G a m rr z-.,, c ? m? Z r__ ? ?; U ?U 3 ?C) p ? m ? CJi ? 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 (L1J) /Z59-/161 FORD MOTOR CREDIT COMPANY Plaintiff V. KANDY R GILBERT S CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-2620 cv WORKOUT AGREEMENT FOR PAYMENT AND CONSENT TO THE ENTRY OF JUDGMENT THIS AGREEMENT is made between FORD MOTOR CREDIT COMPANY c/o Maurice & Needleman, P.C. 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103, hereinafter called the "Plaintiff' and KANDY R GILBERT of 1212 MAINSVILLE ROAD, SHIPPENSBURG, PA 17257, hereinafter collectively called the "Defendant" WHEREFORE: 1. The Defendant acknowledges having executed to the Plaintiff a Retail Installment Contract ("Note") under the terms of which Defendant promised to make certain payments of principal and interest to the Plaintiff according to a schedule more specifically set forth in the terms of the Note. 2. The Defendant acknowledges having failed to pay interest and principal as required by the terms of the Note and is in default of the Note. 3. The Defendant acknowledges that there is immediately due and owing from him to the Plaintiff under the Note $4901.45, consisting of principal, interest, and attorney's fees (hereinafter the "Amount Due") and the Defendant acknowledges having no set-off, credit, or claim against the Amount Due. 4. The Defendant desires to satisfy the Amount Due and therefore makes the above representations to induce the Plaintiff to enter into the within agreement for the payment of the Amount Due. 5. NOW THEREFORE: For good and valuable consideration described below, the parties agree as follows: a. Plaintiff may enter judgment against Defendant for the amount due and the Defendant consents to the entry thereof b. The Defendant shall make payments of $150.00 a MONTH due 07/19/2006 and on the same day of each month thereafter until it is paid in full. C. Interest shall continue to accrue at the rate of 6.0% d. All other terms of the Note, unless otherwise set forth herein will remain unchanged. e. All payments under this Agreement will be made by check payable to "Maurice & Needleman, P.C. FMC Attorney Trust Account" at 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103. Please reference the file number 3388 on all payments. 6. During the term of this Agreement, the Plaintiff will forebear from enforcing its judgment for the collection of the Amount Due provided the Defendant's not in default of any of the 2 terms or conditions of this Agreement and makes all payments timely. 7. The Defendant will deliver to the Plaintiff, with a signed copy of this Agreement, answers to the "Questionnaire" simultaneously supplied to the Defendant with this Agreement. 8. EVENTS OF DEFAULT. The following shall constitute an Event of Default under this Agreement: a. The Defendant fails to pay, when due and payable, any scheduled payment as set forth in paragraph 5 b. above, and such scheduled payment remains unpaid for more than ten (10) days b. The Defendant fails to return the Questionnaire. 9. PLAINTIFF'S REMEDIES UPON DEFENDANTS' DEFAULT. In the event Defendant fails to cure any default after Notice thereof as described above, Plaintiff will be permitted to commence execution proceedings forthwith. 10. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under the above Note, unless otherwise set forth herein. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under any other document which is not named herein. 11. The Defendant acknowledges that as of the date of this Agreement he has no claim, whether known or unknown, against the Plaintiff AND HEREBY WAIVES AND GIVES UP ANY AND ALL CLAIMS HE MAY HAVE AGAINST THE PLAINTIFF AS OF THE DATE OF THIS AGREEMENT, WHETHER KNOWN OR UNKNOWN. 12. THE UNDERSIGNEDACKNOWLEDGES HAVING READ THIS AGREEMENT, 3 UNDERSTANDS IT, AGREES TO ITS TERMS AND HAS RECEIVED A COPY OF IT, WITHOUT CHARGE. f? ?- Dated: KA Y R A BERT Defendant Dated: Bo Esq. Attorney f6rf ord Motor Credit Company 4 1 71 SHERIFF'S RETURN - OUT OF COUNTY r 'CASE NO: 2006-02620 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS GILBERT KANDY R R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and ITT n inquiry for the rfrm T)T wTT <) Tl within named DEFENDANT to wit: but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 28th , 2006 , this office was in receipt of t attached return from FRANKLIN Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Klin Dep Franklin Co 33.00 Sheriff of Cumberland County Postage .63 70.63 ? ,?} o? - /? vc. 06/28/2006 MAURICE & NEEDLEMAN Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Ford Motor Credit Company VS. Kandy R. Gilbert No. 06-2620 civil Now May 19, 2006 Now, - - - --- - hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 1 2006 , at / 5).5'o'clock P M. served the within G up at by handing to 11 a C'.c.Lt-d ? '17 copy of the original and made known to lt,U? the contents thereof. So answers, N-st? - I'DA, Sworn and s2bscrib before methis c2,? -dayo ,20 0& Sheriff of AA#Nra P16ty, PA COSTS SERVICE $ MILEAGE AFFIDAVIT NOW* W Richest D. McCarty, Notary Publk ChambWabM Sm. Fradtin Counpr $ ?- My CoMmie m Expirn Jan. 29, 9W /11 SHERIFF'S RETURN - REGULAR CRc.Vnct C'C' Qr\ M -CASE NO: 2006-00136 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN FORD MOTOR CREDIT COMPANY VS KANDY R GILBERT KENNETH W HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION KANDY R GILBERT was served upon the DEFENDANT , at 0015:25 Hour, on the 31st day of May 2006 at FRANKLIN CO SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to KANDY R GILBERT a true and attested copy of COMP CIVIL ACTION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So Answers: KENNETH ,W HALL By Deput Sheriff 06/02/2006 MAURICE & NEEDLEMAN Sworn and Subscribed to before me this day of &00 t^' A. D. f4e x ' ^ ? Notary Notarial S*W Rthard D. McCarV. Notwy public Chembenbwq eoro. Frado County My CwwW* m Expires Jan. 29,2W 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. KANDY R GILBERT Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-2620 cv PRAECIPE TO ENTER JUDGMENT PURSUANT TO STIPULATION AND CONSENT TO THE PROTHONOTARY: Pursuant to the attached Workout Agreement for Payment and Consent to the Entry of Judgment, kindly enter Judgment in favor of Plaintiff, and against Defendant, KANDY R GILBERT in the amount as follows: Principal Amount $ 4,601.45 TOTAL $ 4,601.45 MAURICE & NEEDLEMA P.C. BY: OA E DLEMAN, ESQ. At rn for Plaintiff 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 _(115) /tiy-/lbl FORD MOTOR CREDIT COMPANY Plaintiff V. KANDY R GILBERT s CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-2620 cv WORKOUT AGREEMENT FOR PAYMENT AND CONSENT TO THE ENTRY OF JUDGMENT THIS AGREEMENT is made between FORD MOTOR CREDIT COMPANY c/o Maurice & Needleman, P.C. 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103, hereinafter called the "Plaintiff' and KANDY R GILBERT of 1212 MAINSVILLE ROAD, SHIPPENSBURG, PA 17257, hereinafter collectively called the "Defendant" WHEREFORE: 1. The Defendant acknowledges having executed to the Plaintiff a Retail Installment Contract ("Note") under the terms of which Defendant promised to make certain payments of principal and interest to the Plaintiff according to a schedule more specifically set forth in the terms of the Note. 2. The Defendant acknowledges having failed to pay interest and principal as required by the terms of the Note and is in default of the Note. 3. The Defendant acknowledges that there is immediately due and owing from him to the Plaintiff under the Note $4901.45, consisting of principal, interest, and attorney's fees (hereinafter the "Amount Due") and the Defendant acknowledges having no set-off, credit, or claim against the Amount Due. 4. The Defendant desires to satisfy the Amount Due and therefore makes the above representations to induce the Plaintiff to enter into the within agreement for the payment of the Amount Due. 5. NOW THEREFORE: For good and valuable consideration described below, the parties agree as follows: a. Plaintiff may enter judgment against Defendant for the amount due and the Defendant consents to the entry thereof b. The Defendant shall make payments of $150.00 a MONTH due 07/19/2006 and on the same day of each month thereafter until it is paid in full. C. Interest shall continue to accrue at the rate of 6.0% d. All other terms of the Note, unless otherwise set forth herein will remain unchanged. e. All payments under this Agreement will be made by check payable to "Maurice & Needleman, P.C. FMC Attorney Trust Account" at 1617 John F. Kennedy Boulevard, Suite 935, Philadelphia, Pennsylvania 19103. Please reference the file number 3388 on all payments. 6. During the term of this Agreement, the Plaintiff will forebear from enforcing its judgment for the collection of the Amount Due provided the Defendant is not in default of any of the 2 terms or conditions of this Agreement and makes all payments timely. 7. The Defendant will deliver to the Plaintiff, with a signed copy of this Agreement, answers to the "Questionnaire" simultaneously supplied to the Defendant with this Agreement. 8. EVENTS OF DEFAULT. The following shall constitute an Event of Default under this Agreement: a. The Defendant fails to pay, when due and payable, any scheduled payment as set forth in paragraph 5 b. above, and such scheduled payment remains unpaid for more than ten (14) days b. The Defendant fails to return the Questionnaire. 9. PLAINTIFF'S REMEDIES UPON DEFENDANTS' DEFAULT. In the event Defendant fails to cure any default after Notice thereof as described above, Plaintiffwill be permitted to commence execution proceedings forthwith. 10. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under the above Note, unless otherwise set forth herein. This Agreement does not alter, amend or modify the Defendant's obligations to the Plaintiff under any other document which is not named herein. 11. The Defendant acknowledges that as of the date of this Agreement he has no claim, whether known or unknown, against the Plaintiff AND HEREBY WAIVES AND GIVES UP ANY AND ALL CLAIMS HE MAY HAVE AGAINST THE PLAINTIFF AS OF THE DATE OF THIS AGREEMENT, WHETHER KNOWN OR UNKNOWN. 12. THE UNDERSIGNEDACKNOWLEDGES HAVING READ THIS AGREEMENT, 3 UNDERSTANDS IT, AGREES TO ITS TERMS AND. HAS RECEIVED A COPY OF IT, WITHOUT CHARGE. 3 KM?DY R && BERT Defendant Dated: ZV046 R. inczyk, Esq. Attorney f ord Motor Credit Company Dated: ll_ ? 0 . ?' I I ? 4 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. KANDY R GILBERT Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-2620 cv 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: KANDY R GILBERT 1212 MAINSVILLE ROAD SHIPPENSBURG, PA 17257 , PC. JOA?GN/N DL'EMAN, ESQ. // Att rnev for Plaintiff MAURICE & NEEDLEMAN, P.C. Attorneys for Plaintiff 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 FORD MOTOR CREDIT COMPANY CUMBERLAND COUNTY COURT OF Plaintiff COMMON PLEAS V. CASE NO. 06-2620 cv KANDY R GILBERT Defendant(s) AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that she represents the Plaintiff in the above entitled case and that Defendant, KANDY R GILBERT, 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 before me thi day of P/", 2007 Notary Public ?Q fiGe?lllF a 4.TH OF PENNSYLVANIA Noladal Seal Agnes Seilt?nd, Notary PuNic City Of Phlladelphhif, Phi1aC Phis County My Commission Expires ia ?r, ?? Membc: 6?snnsyivania Assodp-i,:? ,.., _.. es BY: JOA DIXMAN, ESQ. Atto f Plaintiff 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. KANDY R GILBERT Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-2620 cv AFFIDAVIT OF CONSENT TO JUDGMENT STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. JOANN NEEDLEMAN, ESQUIRE, being duly sworn according to law, deposes and says that Defendant, KANDY R GILBERT has entered into a Workout Agreement for Payment and Consents to the Entry of Judgment, a copy of which is attached hereto. MA BY: C. -SQ. SWORN TO AND SUBSCRIBED before me thisay of j?1G. , 200-1. C Notary Public YLVgivi„A tiro&rfgi seal Agnes Beilarad, Notary Publ? +?hstdelphia, phitads(phia County 1, Commission Expi Jan. 20, kt? Member, Pennsvivanra AssoeiaTion ,r Notaries N 7l"It- `O n ? 7k ?i7 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. KANDY R GILBERT Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-2620 cv () Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $ 4,601.45 on fflaa -c4 ag, ao67 () A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. i Pr ota 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.: 215-789-7154 (This Notice is given in accordance with Pa.R.C.P. §236) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: FORD MOTOR CREDIT COMPANY vs. Amount Due 4601.45 Interest 3/29/07 $191.37 KANDY R GILBERT lalA rJai1+6y i lle U Sh+ppe&%bug, PA 17.157 TO THE PROTHONOTARY OF THE SAID COURT: Atty's Comm Costs The undersigned hereby certifies that the below. does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but If it does, it is based on the appropriate original Proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue a writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) in the possession ?of M&T Bank for above defendant SS$ 166-48-9042 A ` ?8 k N7{ CA,elr jQ/10A%ht3cq . A4 17A m Any 4c?F f °r +is a(oow de f t 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) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. r, /1 1 Date 11/6/07 Signature: ( ) Confessed Judgment ( ) Other File No. 06-2620CV Print Name- Jo Needleman, Esq Address: 5 One Penn Center, Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-789-7154 Supreme Court ID No.: 74276 (over) cz b1 ? o g ? b b Sti ? ? d ,,Q't 00Co OD D. 0 C c, rri c`a vc C? CCO 4 rG Lo WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2620 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 KANDY R. GILBERT,1212 Mainsville Road, Shippensburg, PA 17257 (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: M&T BANK, 28 Walnut Bottom Road, Shippensburg, PA 17257 Any account in the possession of M&T bank for the above defendant. 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 $4,601.45 Interest 3/29/07 -- $191.37 Atty's Comm % Atty Paid $167.13 Plaintiff Paid Date: 12/19/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs AS/ d.?,i e rtis R. Long, Prothonotary By: 013474 Deputy REQUESTING PARTY: Name JOANN NEEDLEMAN, ESQUQIRE Address: 935 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-789-7154 Supreme Court ID No. 74276 SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-02620 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS GILBERT KANDY R And now MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:50 Hours, on the 26th day of December-, 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , GILBERT KANDY R in the hands, possession, or control of the within named Garnishee M & T BANK 1 WEST HIGH ST CARLISLE, PA 17015 Cumberland County, Pennsylvania, by handing to ALICIA BLESSING (TELLER) , 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 Her . Sheriff's Costs: So an weds: Docketing .00 Service .00? Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County 0000 ??? 131/d 0?? 12//27/2007 Sworn and Subscribed to before me this day of By Deput Sheriff A.D "IRL COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland County Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee Ford Motor Credit vs Kandy R Gilbert Case # 06-2620 Responses to Interrogatories MANUFACTURERS AND TRADERS TRUST COMPANY, pro se, for its answer to the Interrogatories states: [Questions and Answers Pursuant to 14 Pa C.S.A. Rule 32531 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 any money or were liable to defendant(s) for any reason? Answer: No Open Accounts 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 or one or mot other persons any property of any nature owned solely or in part by the defendant(s)? W4 ? Answer: NO 3. At any 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(s) or in which defendant(s) held or claimed any interest? Answer: NO 4. At any time you were served or at any subsequent time, did you hold as a fiduciary any property in which the defendant(s) had an interest? Answer: NO 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 direction or consent and, if so, what was the consideration therefor? Answer: NO 6. At the time you were served or at any subsequent time, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the direction of defendant(s) against you? Answer: 1 4%. If any of the following reasons are checked, the account(s) in question are not subject to attachment because: [Field 12] has a right of set off against the account(s) which it hereby elects to assert. Other: [Consult with Counsel's Office and type in reason] MANUFACTURERS AND TRADERS TRUST COMPANY ?` ? 16 Q 8 Dated: By: GwY Name: Jani Glasgo Title: Legal ocument Analyst M&T Bank - Legal Document Processing PO Box 844 Buffalo, New York 14240 Phone (716) 635-7713 Fax (716)635-7725 co 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) 789-7154 Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY Plaintiff, V. KANDY R GILBERT Defendant(s). M&TBANK Garnishee CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 06-2620 Cv PRAECIPE TO DISSOLVE/WITHDRAW GARNISHMENT TO THE PROTHONOTARY: Kindly dissolve/withdraw garnishment upon M&T Bank forthwith. Respectfully Submitte URICE & NEEDI EMAN, P.C. Esq. Date: January 21, 2008 g o ?\ .r W ?t?pj `V tom? f," Y?4 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 86.19 Docketing 18.00 63.81 Poundage 1.69 Advertising Law Library .50 Prothonotary 2.00 Refunded on 07/29/08 Mileage 5.00 Misc. Surcharge 20.00 Levy 30.00 Post Pone Sale Certified Mail Postage Garnishee 9.00 TOTAL 86.19 $ - 13 - G 8 So Answers, R. Thomas Kline, S eriff By a,c.td-6 &J?-l ?a1 e? Lsr41 ?? a?3ms a C- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2620 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 KANDY R. GILBERT, 1212 Mainsville Road, Shippensburg, PA 17257 (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: M&T BANK, 28 Walnut Bottom Road, Shippensburg, PA 17257 Any account in the possession of M&T bank for the above defendant. 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 $4,601.45 Interest 3/29/07 -- $191.37 Atty's Comm % Atty Paid $167.13 Plaintiff Paid Date: 12/19/07 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name JOANN NEEDLEMAN, ESQUQIRE Address: 935 ONE PENN CENTER PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-789-7154 By: Deputy Supreme Court ID No. 74276