HomeMy WebLinkAbout06-5500
GREGG L. MORRIs, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY
Plaintiff,
)
~ NO. Cl... -S500 (]{(JLL7€rL~
)
)
)
)
)
)
)
v.
MICHAEL C HOUSER,
Defendant( s).
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
FORD CREDIT tJd/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa J.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff,
)
)
) NO.
)
)
)
)
)
)
)
v.
MICHAEL C HOUSER,
Defendant.
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 TillS 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 illRE A LAWYER, TillS 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, P A 17013
717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant(s).
)
~ NO. b ~- Sj-o-b ~~.t4-
)
)
)
)
)
)
)
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
v.
MICHAEL C HOUSER,
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY,
by and through its attomey,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 MICHAEL C HOUSER, an adult individual, who is believed to currently
reside at 69 EAST MAIN ST #3 , NEWVILLE, P A 17241.
3. On or about August 04,2003, 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 60 payments of
$466.32 commencing on September 18,2003.
6. The terms of the Contract provide for termination upon satisfaction by Defendant(s) of
all obligations provided thereunder.
7. Plaintiff avers that Defendant(s) defaulted under the Contract by failing to make
payments to Plaintiff as promised.
8. Due to Defendant's default under the Contract, Plaintiff exercised its rights to terminate
the Contract.
9. After calculating early termination charges due to Plaintiff, Plaintiff avers that a
deficiency balance of $4,670.77 is due from Defendant(s) as of June 14,2005.
10. Plaintiff avers that such attorney's fees will amount to $1,300.00.
11. Despite repeated request, Defendant(s) have willfully failed and lor refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the
amount of $4,670.77, plus legal interest from the date of breach, reasonable attorney's fees in the
amount of $1 ,300.00 with continuing interest at the contract 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.
Respectfully Submitted:
----
, . . 1t-~J'J 3z.N
PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT
Buyer (and eo-8"yar) Name and Address (including County and Zip COOe) CREDITOR (Seller Name IIld Address)
I1ICHAEL~. HOUSER SUTLIFF CAPITAL FORD
324 PINE I;T 1/2 ~_ 1000 PAXTON ST PO BOX 1737 5 r_"r;;'3
SIEELTON 'PA 17113 HARRISBURG PA 17105 ~ I \jIlJO
DATE 08i04/03
AUG 0 5 zoll1
You. the Buyw (ahcI CO-Buyer, . .ny). mey buy 1M wIIlcla dHCrIbed below 101' cash or on credit. T1Ml .CIII" Price- shown below II the cash prtce 01 the vehlde. The
"'Total Sere Price'- shown beknr is the credit prlcl. By IIgnlng thl. contnICt. you ChOOM to buy on credit under the .1I....m.n1. Oft the front end beck 01 this contract.
NewlUsed Vear and Make Model GVW If Truck tbs. Vehicle Identification Number Use For 'Mlich P1.-chased
NEW I 03 FORD RANGER I MIA I IFTZR45E53TA42496 I 0 Personal OAgricullural
o Commercial
NIA INSURANCE
TIlIdHl NIA $ NIA $
Year and Make GIllSS AIowanco Amount Owing YOU MAY OBTAIN VEHICLE INSURANCE
ITEMIZATION OF AMOUNT FINANCED FROM A PERSON OF YOUR CHOICE.
23329.00 (1) YOU ARE NOT REQUIRED TO OBTAIN
1. C..... PrIce _............_...,_,....._._._..,_,.................................................. $ CREDIT LIFE, CREDIT DISABILITY AND
2. Down Payment 4000.00 OTHER OPTIONAL INSURANCE. THIS
Third Party Rebala Assigned to Creditor ............................. $ CONTRACT WILL NOT INCLUDE THEM
CaSh Down Payment "'......_....................................................... $ 500.00 UNLESS YOU SIGN AND AGREE TO PAY
TJ1Ide.Jn $ NI A $ MI A $ NIA THE PREMIUM.
v_ and Make '"-- ......."""'" THIS CONTRACT DOES NOT INCLUDE
Total Down Payment .....................................,_......_._......_........... $ 4500.00 (2)
3. Unpaid Balance of Cash Prlea (1 minus 2) ...._,.........................:'" $18829.00 (3) LIABILITY INSURANCE COVERAGE FOR
BODILY INJURY AND PROPERTY
.. Amounts paid on your _II (Seller may be retaining a portion o1lh_ amounlS) DAMAGE CAUSED TO OTHERS.
To Insurance Companlea lor $ N/A
Credit Life Insurance (for term of contract) ........................ $ N/A
Credit Disability Insurance (for term of contract).............. N/A
[Term --Months (Eslimatee $
To Public OIIielals ~) for license ($ N I A ). tl1le (~2. 0 ). & D Credn Life
registration ($~ b fees $ 81. 00 ; Insurer
(i1) for flfing fees $ . 0 . $ MIA
(i1i) for taxes (not in Cash Price) $1272.54 $ 1358.54 Premium Insured(s)
To <:;IITIIFF rAPITAifor M..~..OOr:..IEI!l :':'.UU
To PRFI1T111l CARl' I''lSr SERVICE CONTRACT $ 1&80.00 Signature
To I'VI'RGRI'FII ORG lor GAP INS. $ 300.00
To COI1Il 01' PA for TIRE TAX $ &.00 Credn
T_ ....................................._._._..._._'_.m.....m....'..'................_._... $ 32~8. 54 (4) o Disability Insurer
5. Amount FInanced (3 plus .) .........._................................................. $ 22127. 54(5)
$ N/A
FEDERAL TAUTH.~END/NG DISCLOSURES Premium Insured
ANNUAL FINANCE Amount Total of Total Sale Signature
PERCENTAGE CHARGE FInanced Payments Price
RATE The doDar amount The amount 01 The amount Tho totel cost
Tho cost aI your 1110 C1Od~ will credit provided to you win hIIIIe of your plRhas. on
cost you you or on your peid whon you credn. 0
C10dn as 8 yearly rate behalf have made all including your Other Optional Insurance Term
scheduled downpayment
, payments aI$ 4600 00 $ N/A
9 ~9 '" $ '8'1 6' $ 22127. 5~ $27979.29 s il2U8 20 Insurer Premium
Number or Amounl or Each Wh8n Paymall1l ~IQnature
payment ScIleduJe o PaymenlS Payment a'" due r:::. L:m-nc: ~d~=:I~n:;;.r:= :.:
Your payment schedule nna/ $ '4&&'. 32 (monthly starting) COYWBg" lte shown In _ notice or agreement
WIll be; $ 4&&.32 09/18/2003 gI.... 10 you today.
0
You must Insure the vehicle. II e eharge I.
=::ioWche':..~'"':" :: ~ ~~
~~1,~ ~ntl':. ~":b':: n~~u3,'::
Ibe Iimlla 01 the polley.
Pre_ment: II you pay off your debt eeo1y. you will not have to pay a panalty, XD Comprohensive'IP S~uctib1e
LeIB P8YJIl8fIl: You must pay a late charge on the portion of each payment received more ISlan
than 10 days late. The cherge is 2 percent 01 the late amount or $50.00 whichever is less. 0 Are. Tholl-Combined Addrtional Coverage
Security Interut:. You are giving a BeaJrtty interest in the vehicle being purchased. 0 Towing and Labor
Contrecl; Please see this contract tor additional information on security interest. nonpayment 0 Tenn Mcnths (Estimate)
delautt, the right to require repayment of your debt in full before the _'ed date. and Premium $
prepeyment penalty, NiA
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NOTICE TO BUYER
Do not sign this contract in blank.
You are entitled to an exact co~y of the contract you sign.
Keep it to protect your legal rigllts.
Buyer (and Co-Buyer) acknowledge that (i) before s~ng this
contra!<t, Buyer (and Co-Buyer) received and revie a true
and completely filled in copy of this contract and (II) at the
time of Slanina this contraf:; Buyer (and Co-Buyer) recervea
a true and completely fille<! n copy of this contract.
X' p~
BUYER SIGNS
BuyerJd/
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If you do not meet you' contract oblgaUoos, you may lose the veticIe that you are financflg under this contract,
as well as both parts anti goods put on the vehide and money or goods nICEliYBCI for the vehide.
NON-MODIFlCATION DISCLOSURE
Any change in this contract must be in writing and signed by you and the Creditor.
BUYER: X"'> g P---- co.eUYER: X
SIGNS ' SIGNS
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND
BY THE ARBITRATION PROVISION ON THE REVERSE SIDE OF THIS
CONTRACT.
'ill"..,. CanceDatton Waiver Addendum (OpllonaQ
1f1fiisbox ill .- you haw purohased 8 dolll
cancelation waiver. Purchase of IIUs coverage is
cplional and Is not raquirad to _ credit The lenns
and condItI.... III the debt cancellation waiver are set
Iorlh In the attachad Addandum which Is iACOrporatad
into Ihjs con1raCl The prico tor the debt concoIlstion
waiver is set forth on this contract in the ItemizatiOn
01 Amount Fnanced unci", Ssc1lon 4,
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Program No.
QUESnONS?
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(CO) BUYER SIGNS
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By Ilgnlng below. the Seller eccept8 thIs conlracL If no ott.r ADlg... Is named In _ .......te
oaalgnment _10 thI. controct, the SaI"'x7:1C~~ ~.
~ SUT FF A T FO By tle
PLEASE CALL US AT 1-801).727.7000
or
Visit us at www.fordcredll.com
lJ3.OO1
Fe 1783T-8I ...., 03 ......... eciIlGnI nwy NOT bII...-L)
PA
SEE BACK FOIl ADDmONAL AGREEMENTS
ORIGINAL
ADDITIONAL AGREEMENTS.,
menU; and Summary Noliee: You must make all payments In F. De'~U";.YDu Vlilrtie in delaull if:
. fUrids when they are due. YQU may prepay your debt ar any lime ,--. . .
oulpenalty. This is a simple inlerest conlracf. The ac:lual llnanee 1. Xou do nol make anypaymen'~h~,!j.ll~ ~B;~r . .'".1:.lf,'
rge you agree 10 pay wll depen.d IOn your ~en"_P8ttemS. The 2. You gsveiBIS8 Of misleadlA'g klformauoWoifytJur
181 Ilnance charqe may exceed Ihf;I'dls90StO FinMce. Charge if appliCation relaling 10 this contract; or
make your paymenl9lafer Ufa~~,I~ ~~d4:!e~-.d~Jl!J~ orll!\'1~5S 3. Yourllehlde!s seitlldbyenylocal, slale, or'eder8l~ :~:!
1 the scheduled amount. The Cledilor win apply your payments aUlhori~;Sf1d is not promptly and uncon'diUoiidlly{iluItJ:d~n
to the Gamed and W1paid part 01 'he Finance Charge and then to \0 you; of .
unpaid Amount FInancsd. The Creditor eams Finance Charge by 4. You file 8 bankluplC)' petition 01 one is filed against you; or
flying the Amoal Percentage Ra'e to the unpaid Amounl Financed 5. Vou do not keep any other agreement In lhl$ contra.ct
!he adual Urn. 'he unpaid Amount Financed Is OU15landlng. If the
lltle is rsposss&led. you win nol haY, ja. right 10 lelRSlale Ihs
Itraclun!eSJ.l,lhe CreditoragrellG. . ,'n.. . ... .~. ..~,
:::urlty Interest: You give Ihe Creditor a security InI~reSlln:
The vehrcle and all part" or other goods pUI on 'he vehicle:
All moneyar goods raceived lor the vehlcle; and
AI insurance premiums and S8Nice conlfBcts flfl*n~d'foI: 1
you.
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Is HCures paymenl of all amounts you owe In this contli1t't. h-QIcD
CUres your olheragreemenls In thlliconiract. lJf'J .j.J.:'
;t 01 V.hicle - WARRAHTlES: You must lake C8f8'Ot.Uut'V8hlcle
d obey aU laws in using It. You may not sell or r8nlthe ,,~Icj...:.and
u musl keep It t,ft tram lhe cJalm$ 01 others. You will no' use or
,rmir lhe use of IhI veh.ld. outside 01 'nl United Stales, eu:.ept for
lID 30 day. In Canada or Mexico. wilhaul1he prtor wrtll~ lf~nsenl
1hJ, Creditor. " thl vehlc18 I. af . type normaflY.l',ed 'Dr
IISon81 u.. and the CMltar, or 'he vehlcl.'. msnuracturer,
lland. a written warranty Dr 58rvlCAI contrect covering the
Ihlcle within 90 dlYI from the .... 0' 1M. conlrect, yau ge' .
'plied werrantl.. of merchantabUlIy end IIIn... tor II particular
"rpos. coverlng Ihlt vehicle. ~Otherwll'. you unde[aland and
l(ft Usa' that. are "0 such implied ....arranlles,. ~~Pt: ..
the,.,,, provided by 811ite lew. . . I
i.l1
\Sur.nee: You mUll Insuta yourself Bf1C11he Credftor sgefriat:~SI or
IIrMge 10 lhe vehlde. The CllldifQf musl approve !he- typ'. .nd
mount 01 kisurancl. If Ihe Cr8d"dor obIaml a reluf)d on~nsUraricl or
trvlce con\racts, Ute CredllOf wlI.ublracllhe relund 116m-What VOU
w.. Whefher or not the vehle'..li In.und. you must PIIY fDr It If
tis IG't. damaged, Dr destroyed.
I _ charg. lor vehic:ltl insurance lJJ shown on the franl, Che Credlor
'I\lltry to bUy 1\8 coyarages checked for rerm shown. The Creditor is:
lDI liable. Ihough, V he cannor do .so. " the.. cov.,.gBl COIl more
han lhe amount shown far Insurance, &h. C,.d1lor may buy ,hem for
,shorter tlitm or hr may glv. YDJ.I credit lor lh. amount shown. II h.
:an~ buy .any lnJutatICII, he will give you cI1I1I1 lor Ihe amount
~, The credll will be mid. to thlla,t paymtnta d",: :
L..IItl Charge: You wiR heY" 10 pay a fate cttarge an 'f"; ~lan cd
tach payment r8ctNed mar. lhan ten days let.. Th. charD_is shown
on the fronl Acceptance of alai. Pilym8nt dQel; nol excuse your
d.fau" or nvan IMl you can kaep making paym.nll .tt.r ttMy ....
due. The C,.dJtorntay take the s~ set lorthtn '.....c:onlractlf\h8re .!j.
'-any default.
II you arlln d.t'f,~I~ 1~ Cr.dl1or~ m=!'t.l'9uir~..'i~U to pay at .c,l!ce the
unpaid Amount Financed, the earned and unpaid part 01 the FlnanCB
(.IJ I}..I(l?harge. and all othel amounts dM.~'$1n~.l1ltlls crmlracJ. He may
repoAess (lake beCk) Ihe ".hide. too. He may also 1ake goods lound
In the vshlele when reposSIlIssed and hold Ihem lor you.
If lhe \tehlcla Is laken back, he will send you" nollee. The nollee wDI
stale eftal you may 'edeem (buy back) the vahlele. It will also ShOff the
amount n..ded 10 redeem. You may redeem Ihe vehicle up to (he
lime the C18dtlor .ens " or agr.es to seD It. II you do nol redeem the
".hJelll, II ~I be loId.
The Credllor will use Ihe money fram 111. sale, 1.$5 the aIIow.d
expenses, 10 pay the amount sfill owed on lhis CDOlracl. Expenus
paid as a direct resuh 01 hiving 10 retake Ihe VIIhlcle, hold II lor sale,
and sill It are, as permltlad by law, allowed expenses. Lawyer.' fees
and tegal corts permm.d by law ate allowed. lao. The Creditor wl'
pay youany money left (a ,urplua). You win pay any money elIll ow(ng
aile, the ute to 11'1_ Credilor. U allowed by law. II you do nOI pay this
amount wtllil\ thII Credll:or asks, the CredRor may charge you lmerest
:.~. 81 the hlg""~tla'flul rale unlit you pay.
G. Conllumtr R~~~ri~~ Y~ ~~1i~ PAlMUS FInancial SeNlces 10
obfain cp,n~~ credll lepOftS lrom camumer reporting agencies
(credffbiir,tdc'is1 lor any reason and at any lime In COMedian with 1his
contract_ '.
H. G.neral~d~C1 PR-w.tJS1An'1i'nJ."S,~M~i J.lIl,III 'hls =aunl,
eaI 1-800.945.8000. Atso, you may make a.2lre5$ and other
selected chang...I WVtW.primuSC1lKtU.com. The 18w at Pennsylvania
appll., t(l thl, conlflct. " Ihat law dol' not allow all 01 \he
Igreem.nts in Ihis conkaDf. the onas lha' are not allowed will be V()Id.
Th. resl '" II1lS conlrm will sUll be good.
:'TC NOTICES
NOTICE - 'ANY HOLDER OF THIS CONSUMER CREOIT
CONTRACT IS SUBJECT TO ALL CLAIMS ANO OEFENSES
WHICH THE DEBTOR COULD ASSERT AGAINST THE
SELLER OF GOODS OR SERVICES OBTAINED
PURSUANT HERETO OR WITH TlIE PROCEEOS HEREOF.
RECOVERvtREAEUNDER: BYltHE DEIJTOR SH:ALL NOT
EXCEEO AMOUNTS PAID BY TlIE DEBTOR HEREUNOER.
Uli'~ "qtor V.h,d. Buy.r. Guld.:'l} you are buying a used
velY~. ""II> lhis canlracl, federal regulBliona may require a
.""elel Buy... Guid. \0 be displayed on the window at the
vehld'. THE INFORMATION YOU SEE ON THE WINDOW
FORN FOR "'HIS VEHICLE IS PART OF THIS CONTRACT.
INFORMATION ON THE WINDOW FORM OVERRIDES ANY
CONTRARY, PIIOVISIONS IN THE CONTRACT OF SALE.
GUARANTY
J CIlUS. the Seller 10 .e11 the vehicle described on the front of thi!a canlr8cIlO the 1iIYer. 011 CIedit. each pWstln who sip below I. . "'Guarantor"
JafIl"Ilee.. ,he paymenl of 'h" cQn\ract. TNI means that If 'M Buyer .." 10 pay any money ,hat Is owwd on 'his contract,.ach one whO Bign! as
=n:::;:t:"~~H~=~:'''=:'.n'f,,::g:~w:.~::-o:a;:::=iof=~=I~o;:Oltl=
) pey one or mol'8 Dlymen'-Aar'{bl gav.a . nsllueln full or In part 10 alr/ of the other Gu......n\arS, or (el nleasa any 50GUrity. Each Gu.wantor
Iso sI.'" thai: he his recefwd iI compteted copy of tl16a contract and un Guaranty al tt..time of signing,
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REAO THIS ARBITRATION PROVISION CAREFULLY AND IN ITS ENTIRETY
ARBITRATION ;
~~;:~:r ~.ua,~~=.r'(::~\lflln9p~~:'~y ='lfB=~~;c'~:~~ i,:;t~lti~:':~t~:: :,:= ~~'f.:~'~ ~n~
lract decided by arbitration. Such Clams Include but ara not Urnlled to (he toHowing: 1) CJaims In conlrBCt. 1011, JegulalOlY or olherwise: 2}
~':=.r::,a~~~~~~.~~~~='Z: ~: ~W:.~:.~ cr.~I~~~~ ~ ~ ~~:~II~ c;aiy':, =':J:io~: ::
~nl~. or any resulting ul1nsaction or ralallonshlp, inc:tuding thai wkh the deal",. or any such relalionshlp with lhIrd parties who do nOI
sagn lhis canllacl .
RIGfiTS YOU AND WE AGREE"O GfVE UP I
II 81lher you or we dloose to a!'bIUale a Claim. then you and we agree 1(1 waive Ihe following rights:
. RIGllT TO A TRIAL. WHETHER BY A JUDGE OR JURY
RIGHT TO PARTICIPATE AS A CLASS REPRESENTAnve OR A CLASS MENBER IN ANY CLASS CLAIM YOU MAY NAVE
AGAINST US WNETHER IN COURT OR IN ARBITRAlION
. BROAO 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
R;\ilhhl Vou A.,d We 00 Nol Give Uo: If a Claim is arbftrared. you and we will r::ontinu'e '0' have lhe 'olowlng righte, wUhout waMng this
bv :=:~i::' :O~~h: ~~:r~r ~~:fi'~fgm~::c~~ ~c~:~1~ 2J':~~ :a e:::I~::;: :=t::4) ~~: t6.::::e:~:e~
court at law miBW Whether the arbitrator e~etldld t~,~"':"N., UJ'J..l"i. :::' j....J...II ~.~ I ':'li..~'J ,.... ".:! ~',;;'I;): ~(:J
=~,:e:I~m ~:t a=~IQ~ny nsoclaUon belDw and the olher Party 10 slar1 IItbrtratfon. TIY applicable JUles (Ihe -Rule'-) may be
. Ameriean Arbilration Alcodat/on rAAA-J, aI1..aDO.nS.7879, Ot www.adr.orv;
. J.A.M.SJEndJspUle. ill 1.B00-448~1660. or www.lamsadr.com;
. National Mlllallon Forum. atl.eoo.474-237i, or WWWArb-/arum.Cont.
If lhef8 15 B c:onlKct between (he Aula end lhis contract. INs contract shall govern. ThI. conlract 15 5ubfecl 10 the Fede'.' AtbilrslJon Act
(9 u,s.a. g 1 et uq.) and the Federal Rules 01 Evidence. The arbtlraUan decfsion shall be In wrIllng with a suppol1lng opinion. W. wll
:~e~ 1$\.~s::::ffl'~;b:::I~h'a~It,m:;1.~Ilr,~:It:e~:~ln:b~~~:~'~:~)' 1~:~fJrt'~~P~f w:i:":rb~r~~~~I~~:. o:~::'7~~~~~~~b:~
shan be severed. and Ihtl remalrin rOvlsions shall be enlorcad.
PAF5 17637-51 May D3 (P,evlau5 elfllof15 may NOT be \llld.)
PA
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: August 07,2006
sqmre
ude & Felix, AP.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
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GREGG L. MORRIs, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY
Plaintiff,
)
)
) NO. 06-5500
)
)
)
)
)
)
)
v.
MICHAEL C HOUSER,
Defendant( s).
PRAE CIPE 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 LD. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 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
)
)
) NO. 06-5500
)
)
)
)
)
)
)
v.
MICHAEL C HOUSER,
Defendant( s)
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
Interest from June 14, 2005
Attorney's fees
TOTAL
$4,670.77
$618.72
$1,300.00
$6,589.49
With continuing interest on the principal amount of $6,589.49, 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 ofthe filing ofthis praecipe. A copy of the Notice is attached.
naude & Felix, AP.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 06-5500
)
)
)
)
)
)
)
FORD CREDIT tld/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
v.
MICHAEL C HOUSER,
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P.I037(b)
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF ALLEGHENY )
Before l1le, 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), MICHAEL C HOUSER, 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 oflntent to take Default Judgment was mailed in accordance with
Pa.R.C.P. 237.1, as evidenced by the attached copy.
Pa aude & Felix, AP.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
Sworn to and subscribed before me
this ~day of NcN~bif" 20~,
~~.~
Notary Public
NOTARIAL sw.
ERIN N IWlZIU.
Notary PublIc
CMNEGIE 1OIOUCaH, ALLEGaIBfr COUNIY
Mv ConmIIIIon &plrw JU 21, 2010
GREGG L. MORRIs, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY
Plaintiff,
)
)
) NO. 06-5500
)
)
)
)
)
)
)
v.
MICHAEL C HOUSER,
Defendant(s).
IMPORTANT NOTICE
Filed on behalf of:
FORD CREDIT tld/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa J.D. #69006
Patenaude & Felix, A.P.c.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT tld/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
)
)
) NO. 06-5500
)
)
)
)
)
)
)
v.
MICHAEL C HOUSER,
Defendant(s)
To: MICHAEL C HOUSER
69 EAST MAIN ST #3
NEWVILLE, P A 17241
Date of Notice: October 25,2006
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PEROSONALL Y OR BY ATTORNEY AND FILE IN WRITING WITH 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 MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY 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 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, P A 17013
717-249-3166
ORRI , ESQUIRE
atenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
I, GREGG L. MORRIS, attorney for Plaintiff, FORD CREDIT tld/b/a FORD
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:
MICHAEL C HOUSER
69 EAST MAIN ST #3
NEWVILLE, P A 172
Date: October 25, 2006
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GREGG L. MORRIs, ESQ.
PATENAUDE & FELIX, A.P.c.
213 E. MAIN STREET
CARNEGIE, P A 15106
(412) 429-7675
FACSIMILE (412) 429-7679
P A ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT Vd/b/a FORD MOTOR
CREDIT COMPANY
Plaintiff,
)
)
) NO. 06-5500
)
)
)
)
)
)
)
v.
MICHAEL C HOUSER,
Defendant( s).
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 Party:
Gregg L. Morris, Esquire
Pa J.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, P A 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Defendant( s)
)
)
) NO. 06-5500
)
)
)
)
)
)
)
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
v.
MICHAEL C HOUSER,
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant
You are hereb\;otified that the following Order, Decree, or Judgment has been entered
against you on -vi Y L IS :Jl"Y'Jb
- ,
( ) Decree Nisi in Equity
( ) Final Decree in Equity
(X) Judgment of ( ) Confession
( X) Default
( ) Non-Pros
( ) Verdict () Court Order
( ) Non-suit
( ) Arbitration Award
(X) Judgment in the amount of$6,589.49, plus cost.
( ) District Justice Transcript of Judgment in the amount of $
plus costs.
( ) Ifnot satisfied within sixty (60) days, your motor vehicle operator's license wil be
suspended by the Department of Transportation.
Prothonotary
By
If you have questions concerning the above, please contact:
Name of Attorney: GREGG L. MORRIS, ESQUIRE
213 E. Main Street
Carnegie, P A 15106
(412) 429-7675
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05500 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD CREDIT TDBA FORD MOTOR CR
VS
HOUSER MICHAEL C
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
HOUSER MICHAEL C
the
DEFENDANT
, at 1316:00 HOURS, on the 4th day of October , 2006
at 69 EAST MAIN STREET #3
NEWVILLE, PA 17241
by handing to
MELINDA HOUSER, WIFE
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
Sworn and
18.00
9.68
.00
10.00
.00
37.68./
IJ/o~J()~
Subscibed to
~~~
R. Thomas Kline
10/06/2006
PATENAUDE & FELIX
day
BY:~FK//
Deputy $heriff
before me this
of
A.D.
t
FILED-OFFICE
OF THE PROTFfCNW,4, R';
2011 JAN -3 AM 9; 18
CUMBERLAND COUNT'
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
T/D/B/A FORD MOTOR CREDIT COMPANY
Plaintiff
NO. 06-5500
V.
MICHAEL C HOUSER
Defendant(s)
PRAECIPE FOR
SATISFACTION OF
JUDGMENT
Filed on behalf of:
T/D/B/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_147 Prcp Sat Jg
P&I File No. 2800.3564
I, MICHAEL BOULANGER, attorney for Plaintiff, T/D/B/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:
Michael C Houser
69 East Main St #3
Newville PA 17241
Date: November 26, 2010
egg L. rris, Esquire
atenau Felix, A.P.C.
213 E. a' Street
Carne e, A 15106
(412) 2 -7675
PA_147 Prcp Sat Jg P&I File No. 2800.3564
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
T/DB/A FORD MOTOR CREDIT COMPANY
Plaintiff
NO. 06-5500
V.
MICHAEL C HOUSER
Defendant(s)
PRAECIPE TO SATISFY JUDGMENT
TO: PROTHONOTARY
Please satisfy the Judgment at the above captioned action of record upon payment of your
costs, only. Thank you.
Date: November 26, 2010
Respectfully su yf, itted:
Patenaude & x, A.P.(
Gregg orr s, Esquire
213 in S reet
Car , PA 5106
(4)'%9-76 5
PA-147 Prep Sat Jg P&I File No. 2800.3564