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HomeMy WebLinkAbout06-5553ARBITRATION 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. MICHAEL E SR GARLAND 620 Gutshall Road Boilling Springs, Pa 17007 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and 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. Defendant(s). Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. SrCIVIL ACTION COMPLAINT AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o can un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Adernas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. 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 ABA]O PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING NOT REQUIRED Attorneys for Plaintiff FORD MOTOR CREDIT COMPANY P.O. Box 6508 Mesa, Az 85216-6508 Plaintiff, V. MICHAEL E SR GARLAND 620 Gutshall Road Boilling Springs, Pa 17007 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 6L - SSS'53 C10ZL 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, Michael E Sr Garland, is an individual who resides at 620 Gutshall Road Boilling Springs, Pa 17007. 3. At all times relevant, the Plaintiff was in the business of loaning money on motor vehicle installment sales contracts, including but not limited to the note signed by Defendant(s), hereinafter more fully described. 4. On or about June 11, 2004, the Defendant(s) entered into a written Motor Vehicle Retail Installment Contract, (hereinafter referred to as the "Contract"), for the purpose of I obtaining financing in the amount of $29,400.00 at an annual percentage rate of 10.990%, in order to purchase a certain motor vehicle, 2004 Ford F-150 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 $559.45 for a period of 72 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 August 22, 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 $16700.00, however a balance of $11999.12 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 $939.35 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $12938.47. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $12938.47, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. tted, 5P.C. THOIV A,9 V,. OONIINCZYK, ESQUIRE 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. BY: JIRE DATED: September 14, 2006 ENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT OATS 06/11/04 01yer lard Co-Buyer) Noma and Address (teduding Cowry and Zip Code) CREDITOR (Salter Navas and Addrae) MICHAEL E SRRLRND,SR FAMILY FORD-MERCURY, INC. 620 GLITSHRLL RD P 0 BOX 434 JUH 15 2004 170 YORK RD. 90ILING SPRINGS, PR 17007 CARLISLE, PA 17013 You, On Buyer (and Cs&ryN,11 an, 102Y My Ile -dl deesrla' `?'-• ••• •••• •• •? •••w¦ n.. •r?. n.rd• .uerw e.ler 1. ur nM aln ra1dW. Th 'row Bate Rke• aaovm 1hel.w letw oom pries, ey egafas ele F156 2FTRXlBW94CA13703 You and Melee Greve Allowance Amway Gwlrq ITEMIZATION OF AMOUNT FINANCED 1. Cash Price ........... ................................ _.._.__...... _._.......... . _ $ 2966& 00 (1)'. 2. Down Payment Third Party Rebate Assigned to $ 4000.00 Cash Down Payment ............ ..._.......... __ ......... ...... _._........... $ 100.00_ Tmde4nez FnRn $1 425.5. 95 $93257_Pi $-3401.26 Yrr w r 0aw Akn ArMN o.:e Total Down Payment .... ....... ............... ._............. ................. $ 698.74 (2) 3. Unpaid Balance of Cash Price (t minus 2)..._............. ._. _._ $ 28961.26 ($) a. Amounts paid on yaw behaff (Solar may be retaining a portion of titer amounts) To Insurance Companies for $ "? Credit Life Insurance (for tens catlad) ........_.. _. $ h rn Credit Disability Insurance (for term of corwad).......... Y (Tans -Months (Eatimate)] $ To Public Officials 0) for license (S 6- ®0 ). title ($- s.2,??-). 8 registration ($-----AlPfees $-N/A: -(I)_for_Ning_faes-S- 5.0Q - -- (N) for taxes (not In Cash Price) $ 353.24 $ 386.74 To for $ N/A To for $ N/A Te FAMTI V FrIRn- FRC111y(? NOTARY 8 DOC FEE $ 52.00 To for $ N/A Total ................. _. 438.74 4 FEDERAL TRU?H-IN•LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Prke RATE The dollar amount The am wd of credit pravsad 10 The smoura you we haw The tow cost of your purchase on The cool q your You The credit was coal ou you or on your paid when you aedt, credo as e YesdY rate y behal haw made eI Including yaw KhKWIed tbwmaymsm payments d$- 8? Payment Sehoduia Number of Amount of Each When Payinet Ox f aymw a Payment are dus Your payment adwdlle -r $--559: 45 (monthly sterling) we be: 1 final $ rW9 45 3y1- i 1 94 O Prepayalett It You Pay off your debt esdy, you was not have to pay a penalty, Late Payment You must pay a We doge on ew portion of each payment recehred more than 10 drys taps. The charge is 2 percent of the late amount or $50.00 which ow is lase. S-ft .nwFud: You are OAV a soundly Interest In the vehicle being purchased. Contrseb Plows acs rile canted lor additional information on eeeuriy Interest nonpayment default, fine. VA to require repayment d your debt in hue be*" the wheduied det, and If you de tat niece your owaraua abhgrbna. yes may loo tine vahlda shat yea ere fgwrTdrq haaer eve oorarad, v ww ..11etlh Bede sad eaeds ors m tls vtlide end meow or mods received for Uw vtYdds NON•MODIRCATION DISCLOSURE AnY dw" in tub contract must be In WOV Bed slurried by you and a» Creditor. SIQNB N IT X BY THEKARB RATION PROY?ISIONVON?THEAREVERSE SIDE OFOTHIS CONTRACT. NOTICE TO BUYER Do not sign this contract In blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Buyer (anti Co-Buyer) Wwowledge that (1) before sl nin this contra Buyer (and Co-Buyer) received an rev ewe a rue an comppwmiy filled In copy of this contract and (11) at the time of slanlna this contract. Buyer (and Co-Buyer) riw-WW a rue an completely filled In copy of this contract A x eu - - BUYER SI N By s4pdng tab% On setter aeespd his B othr Aaslgna te asmad bin a separate assignment allachad W ow -NN ? in e- Fa 174" AA 07-(Pn4 e0w ear M weal PA b Beal and lack at We - G ftw ml ? Aprbulure I 0 comomw ' YOU MAY OBTAIN VEHICLE INSURAN FROM A PERSON OF YOUR CHOICE YOU ARE NOT REQUIRED TO Off CREDIT LIFE, CREDIT DISABILITY OTHER OPTIONAL INSURANCE. CONTRACT WILL NOT INCLUDE T UNLESS YOU SIGN AND AGREE TO THE PREMIUM. THIS CONTRACT DOES NOT INCL LIABILITY INSURANCE COVERAGE BODILY INJURY AND PROPI DAMAGE CAUSED TO OTHERS. ? Credit Life Insurer S]gnature Credit 0 Disability Insurer $ Prendum Insured Signature O Other Optional Insurance Term $ N!A Insurer Premium 1 nor ure Credit Lfs and Credit WwbR Insurance are for to b m of the mrrima Tno amount and given cowswages wed In a notice as, agnomwd to you You must hwuns the vehicle. It a charge ]a shove bdow aw Creditor WE try to Buy tiw cevwaga cis shad for the term shown Coveraoa will be based ow the cash value of the =1. at time of lose, but not more than the limits et the policy. ? Comprehensive ? $-18?&Doducdbls Collision ? Fie- TheaCombkied Additional Coverage ? Towing and Labor ? Term Moohs (Estimate) Premium $ ---._ ?om CsneWlon waiver Addendum topawd) 11 INS box Is dwck you taw pudwsed a dots conod9don wdwr. Pwdsee of 0it coverage a ms oplfohhsl era b not reghirad m ordain crsde. llw ta and cordltloro q dew dal rarnoetlelon waterer w est faith In the alsdTad AddeedUm which It I cor DOrated Into this oohn" Mw a for 0w debt an deft waver Y am " an Trit aonbac! In Ihs harnhadm ol Amount Rnenrad under Section 4. Program No. QUESTIONS? PLEASE CALL US AT 1.800.727-7000 or Visit us at www.fordcrodilLwill am E BACK FOR ADDmONAL ORIGINAL E IXHIBIT ADDITIONAL AGREEMENTS 7p1?' nj;?dINMNb and OA. yy I.1111 a: You mug -OW M UA.Matshen daht =In ghoul pamEyy. Tide lea shilpb Y?tial coMrio1 The aaroa surge you or".lo w? 1'(?Ia? dllp abii fMlanoa Mae ?iotr p?yldalde Iklr to Wild sat tlalse r less Mtn the adtedldad atttotNlL The Cndlar will OR* your psymatde Sfat It Mn sawed and WOW Pet al ft Fkwm Ompe and Nten b Na Amount FMIa ms& no Creditor aana so Fkrlta Charge %m MN Ann el Pelaetape Raft to site utpold Ar?ranaN Mn actual Mrwa Mn unpaid Amount FNtartoed b cublandktp, Jf. , verom k "PmlaaeeK you we not haw a right b revere bordw unless the Creditor apreaa. ? , r•V; n NL Somft IrNneeb You plus the Creditor a se cully Interest In: 1. The vehicle and all part or cow goods put on Nte veW* 2. AN moray ar goods raosh for site velift and L AN bussrloe pisrniume and WAN comrsole *W"d•16i you. Thle secured Payment d all rmolads you owe in this contrliol. it also daoures your other apresmar t In Mid oaninta I C. Use of Vehicle • WARRANTIES: You must take care of Na vahiob and obey all lava In using R You a" not sail or rent the vol kle, and you mud keep N frse from the claims of Win. You will not use or permit Mte use of Mn vehicle odklde'WAMe UnNW Smtse, except for up b 30 days in Canada or Mexico, wNhout Uwe prior wrleen consuls of the C ad W. R 1W vehicle Is of a type rgrmaty used for personal use and era Creditor, or ft vehlows mantdaaturer. extends a wrlllo t warranty or service contract cove ft the vehicle will* MO days iron the date of this Gen trad. you phi Implied werrttla of t wchatabNRy and Oiliness for a portkulr purpose a eft do vehicle. Odwr*M .' you underatend and arm that theri are no such Implied warrardim F. DMaulk YOU Will be In d"A N: • . I. YOU do not NuNe a when N fe duct or 'All:. 2. YOU peW No of "bles" it" 1PI4 3 our hreio It Is On yot/p(Ft1t aYpglcatlon _?+`"•-r by any lln*4 =Wft, rgy?ra_ I_,? au ad ? or rod Mai j* r and iiaallffY 4. YOU Me a bedsulliq pMm or Ons N INed against you: or L You do not keep any other pl - I In 16 ooltra , - N you an In ditdl, ft Cbnad W may "ft y?oau to at One FkwtaeCWrpe and Jill OdUK amouMe Milder to r mnbaol Hp ospoaaeee pat brdQ• to vshldc,{oo. He Jlley also Wa found In Doh the vshicM wMri'npoicweed and hold for you. N Use vehicle Is Wm back, he will send you a nogoe, The notice will say that you may redeem (buy Wok) the vshktc. N wB also am the amours rfte 1, to redwri. You may redeem MN vehicle up to Mn Mme the Cred ler sob N or agrees to all L N you do mot rsdeen the veNge, it will be sob. The Ctedbor will use ft moray from f sale, lees Na allowed exparan, b pay rid arnamlt ell owed an Mb oo dead. held it for We and ad it are, as permitted by law, allowed eepensw. UwpW fees and bpaccosts pemiltd by law we allowed, I= The Creditor will a You who pay any now e pay owwkkv any Mmoney bit e We to on CMdkor. N you do hat pay gds amain when Na Cie" asks, the Creditor may charge you Interest at the highest lawful rote urdil you pay. 0. Consumr:Rsporta: You suMotze Ford Motor Credit Com- pany to Obtain consumer credit reports from conaanr mpodlng agendas (as& bureaus) for any reason and at any Nme coo- neGbn with No contradt: 0. Insurrwa: You mud Irwre yourself and the Creditor spinet lots or damage to the vehicle. The Creditor must apprtwt Ns type and amount d lastsance. N the Credbr obtains a reldinJi on kaaance or seMOe contracts, the Cradftff Will refund ham what you owe. Whether or not Mn ale e knarat, You must pay ter N N N In bat, damaged, or destroyed. .. i di + N a ctwge for vehicle Insurance Is shown on the front, the Creditor will try to bury =7=7 dsclad for Ma term shown. The Creditor is not N he cenrot db as N lease coveregn coal more than the amount shown for insurance, Ma Cndilor may buy tam for a shorter tern or he may give you aslk tar the amould shown. N he camel bury any insurerwce, he will on you credit for the smourd shown. The credit will be made to fa lad payments due. E. Late Charge: You will have to pay a late charge on the portion of each payment mode mule than ten days late. -The large Is shown on On front. Adxepianos of a late pa dose :. not excuse your default or mean that you can kiep ma7dng payment after they are due. The Creditor may take the steps set forth it this contract, N there Is any default. H: Getwol: To contact Ford Motor Credit Gonipmy about Oft account, cal 1.800.727-7000. Also, you may make addrus and other selected changes at www lonfoo corn. The few of Penn. sylvants apples to this contract. N Me law does not allow as at the agreement In this contract, as des Mat are not allowed will be vole The meet of Nis contract Will SO be good I . . . _ • •J•42'#W, *agtdalli3Yweaaiale Plfi 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 THE DEBTOR HEREUNDER. Used Motor 76M Buyers GO N you are bwnyfng a used vehicle whh this contract, federal regubtioda may requite a speelel Buyers Guide to be deployed on the window of the vehicle. THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. GUARANTY To cause the Seder to ass the vehicle described on the front of this contract to the Buyer, on Craft each person who signs bsbw as a 'GuvwW gwrman to payment of this contract. This means that N the Buyer lab to pay any money Mat is owed on ft that he wig be 11" for cordrQ: leach pay It when asiced Each to whole amount owed am N one or more other persons also sign to Guaranty. who He ? agbelm rees b be Naha awn N to Cred or does one or move of the lolbwkp: (a) ghn the Buyer more dme to pay one or more psyme ts, or (b) glen a reban In full or in pot to any of the oMsr GUarenbre, or (c) releases any ncurMy. Each Guarantor abo sate that he has received a completed copy of ft contract' and the Gtiwsx y at the Mme of signing. A Guaramor Address Guarantor Address READ THIS ARBITRATION PROVISION CAREFUL" AND W ITS ENTIRETY ARBITRATION ' Ablsadon Is a method of reedvMw claim, dispute, or owboversy (ealecdvey, a 'Claim') wNholrt Rlog a Immua In eout.•Eaher you or Creaw (W or 'we,) (eadw, a'P myr dwose at any ame,afw o lawsuN a IbecL to haw any Claim rNsftd to the oowr trod decided by seakrallon Such minis dude tort are not knead to hole 1) Clakm in lot r otheraiss O Clams regarding Na Inwrpnla ion, soaps, or validly of Mtn cbus% or? of array taus; s) okra =iyou and as, ar OWW" or any resulting braectim or relbN Including that with dealer. or any Koch n rro ippwMr nkd paNnsw hooddo not OW to contract. q?s You AND WE AGR? ro GIVE uP Mr. tew yww r we drown to MI I a aim, than you and we agree b wales ft foll owing dghla: • RIGHT TO A TRIAL{,,, WHETHER BY A JUDGE OR JURY • MW TO PARToPATE AS A cum NEPRESENrAws OR A CLASS MEMBER W ANY CLASS CLAIM YOU MAY HAVE • BROAD MGM US WHE IN TO ?DIB00rCOURT AS AM AVAILABLE?M A LAWSUIT • RI(INT TO APPEAL THE DECISION OF AN ARBITRATOR • OTHER RIGHTS; THATARI AVAR.ABLE IN A LAWSUIT o Not.BM tfx N a CMYn Is arbMrated you aid we will continue to have labs 101101 q dfav without vMrYtp leis g You And 212 aroarwon pnovreurn as a any raasnc 1) to 1M b la Dour 2) Fftht to enim the sectulgr to vehicle, vAWw w elonrjt bW? aotlon b ankroe Mrs anbltrMOn's dedelon; W 4) Rlgitt to requed Mat a ocurtollawM00*01he '11 1., any adeodaaon below and the other Panty to dirt anbpratlon. The applicable nMs (Ma 'FUulnj may 711. 't" AModellon ew.), at 148p4707M, or trwwadr erg; PO w1Ori Jules e•.+ea am-ft" boww" PA '-PRN"' Ford Motor Credit Company P.O. Box 3076 COLUMBIA, MD 210456076 (800) 877-0730 P010G600200021 MICHAEL E. GARLAND SR P.O. BOX 434 BOILLINGSPRINGS PA 17007 Date of Repossession 11-18-2005 Date of Notice 11-22-2005 FDle of Contract I1-2004 Account Number: 037146488 Buyer MICHAEL E. GARLAND SR Cob r DESCRIPTION OF PROPERTY Year 2004 Make FORD ? New ? Used Vehicle Identification Number: 2FTRX18Wg4CA13703 Model F150 Body 4X4 NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement, ?x PRIVATE SALE: We will ad the property dmcnbed above at ? PUBLIC SALE: We will ad the property described above at public private sale sometime alter 16 days from to Date of Notice sale to the highest bidder on the date below (or any adiournment shown above unless redeemed by you prior to such sale. date). The sale will be held as follows: Date of Sale I Time of Sale I Place of Sale You may attend the sale and bring bidders if you want. NOTICE OF REPOSSESSION The money that we get 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 else. 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 for an itemization of amount owing. To learn the exact amount you must pay, call us at the telephone number above. If you need more information about the sale call us at the telephone number above, or write us at the address above. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number above, or write us at the address above and request a written explanation. The property is presently stored at: BEN RECOVERY BEN R O RS PA HOW TO GET YOUR PROPERTY BACK To get your property back, pay us this amount by certified check or money order before the vehicle Is sold. Unpaid Balance $ 28,284.57 Plus Costs: Repo Expenses $ 200,00 $ Plus Late Charges $ 33.55 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 28,518.12 (Plus expenses Incurred t default at the time of repossession exceeded 16 days and less rebate received after the date of this notice.) Your property won't be sold until 16 days after the date of this notice at the EARLIEST. After that you can still get it back any time before It's actually sold. If you do, well have no further claim on t. But the longer you wad, the more costs (Including repairs) you may have to pay. If you have any questions about this, please call us. 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 has been (or will be) returned to: (dealer/original creditor) Under our agreement with your dealer/original creditor, the dealedohginal creditor Is to sell the property and pay you any money left over, If you owe money after the sale, you will pay it to the dealer/original creditor. ? PERSONAL PROPERTY. Any personal property found in the vehicle may be reclaimed by you within the next 60 days or. In accordance with state law, by contacting this office. Thereafter, the personal property shall be disposed of accordingly. ? Creditor has assigned to its qualified intermediary (OI Exchange, LLC) is rights (but not its obligations) with respect to the sale of each vehicle listed above PAYMENTS: AN payments to us must be by certified check or money order. MILEAGE DISCLOSURE: If you are more that the mileage reflected on the vehicle's odometer is not accurate for any reason, please contact us so that we can accurately report the vehicle's mileage. INSURANCE RIGHTS: If you don't want to get your property back, cat the insurance company or the dealer/original creditor to make sure that any insurance has been canceled. You have a right to get credit for all premium refunds. JESSICA A. SNYDER FFNA 1188&37 Jan 02 Previous editions may NOT be used. CUSTOMERICUSTOMER FILE Nnted in U.S.A. EXHIBIT F Name and Address of Sander ?q14? e ?D -C7?0 4 I 5. 8. T. 1I 8. I pwof mail m wv" Canllbd ? woom.a f>.wary Muunsao,W) cm R"Id" 0ww y cw*ff asn O pown ftc" fw mwdwww E:roass+ess 0 ftnu .cm+m mA n 61121/10550870 7005 1829 9997 0264 730 -- JJ-037146488 MICHAEL E. GARLAND SR -- - - - • . -__--' P.O. BOX 434 BOILLINGSPRINGS PA 17007 _, 9997 D2b4 ^T 18 2 9 U1121120660871 7 0 0 5 731' JJ.035610959 REBECCA HAWBAKER 1125 HARRISBURG PIKE - CARLISLE PA 17013 - -"' U1121/205M72 7995 1629 0007 0264 7326 JJ-023264130 CLINTON R. JOHNSON III 238 WALNUT ST - --COLUMBIA-P-A 17512__.._._ 01121120550873 P-024858075 LACRETIAS. LEWIS 305s WEST BLVD # B BETHLEMFM PA 16017.3242 7005 1829 007 0264 7333 Were (! V Am U1121120550874 7005 1820 0007 0264 7340 P-034740800 DEREK F. WELCH 8004 NEW BATTLE GROVE RD BALTIMORE MD 21222 875 P-0226891St891811 1 P-0 7005 1820 0007 0264 7357 AMELIA L. WALLACE 1920 KEARNY ST NE 0 21, , WASHINGTON DC 20018 ' U1121=550876 _ ? c O fn P-029123863 7005 182 0 0 007 0264 7364 LOUVENIA APT # 203 R. GRAY ? ev 3318 WHEELER RD SE 2: WASHINGTON DC 20032 s .. .? 9! Sae Pd4cy Act Statement on Rover" Ink or Ball PON Pan 7 1 -.1 Z; :ti:f??4ap .. rt •t+ xR-"•i. ' , f^';.w".•?j •}•J 1'•. ?• . ?.\• `ii.,: •. ,. ? (• .t .:y.•"lid ? Ford Motor Credit Company PO BOX 3076 COLUMBIA MD 21045-6076 800 6770730 DATE: 2005-12-28 P03NRH00000095 MICHAEL E. GARLAND P.O. BOX 434 BOILLING SPRINGS PA 17007 STATEMENT OF SALE Account Number: 037146488 The following property has been sold. Year Make Model Vehicle Identification Number: 2004 FORD F150 2FTRX1 BW94CAl 3703 Balance owing on your contract (1) $ 28,318.12 Deduct: Finance Charge Rebate (2) $ 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 28.318.12 Deduct: gross proceeds of the sale (4) $ 16,700.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 11,618.12 Add: Expenses of retaking and storing, and (6) $ 381.00 any attorneys' fees allowed by law, and expenses of reconditioning and selling. (7) $ 0.00 Deduct: Insurance Premium Rebate (8) $ 0.00 Other: (9) $ 11999.12 Deficiency" (10) $ N/A Surplus* 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 XHIBIT MESA ARIZONA 85216-6508 E P.O. BOX 55000 (800) 732-2264 DETROIT MI 48255-1941 FFNA11990 01104 Previous editions may NOT be used. iQ. (vi) C ° (fJ VI) N LAI MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (21J) /ZS9-/1J4 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL E SR GARLAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. 06-5553 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the verification of the Plaintiff, Ford Motor Credit Company, for that of the verification previously filed. Respectfully submitted, MAURICE & NEEDLEMAN, P.C. JOANN NEEDLEMAN ESQ Attorney for Plaintiff Date: October 13, 2006 CERTIFICATE OF SERVICE I, Joann Needleman, Esq. hereby certify that on this date I have caused a true and correct copy of the foregoing Praecipe to Substitute Verification on behalf of Ford Motor Credit Company, to be served by regular, first class mail, postage pre-paid upon: MICHAEL E SR GARLAND 620 Gutshall Road Boilling Springs, Pa 17007 Respectfully Submitted, MAURI EDLEMAN, P.C. BY: 7Z Joann eedleman, Esquire Attorney for Plaintiff DATED: October 13, 2006 VERIFICATION 1, Barbara Buckwalter verify that I am the Authorized Representative for Plaintiff, Ford Motor Credit Company, and are duly authorized to take this verification on its behalf; that statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. These statements are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Br ? l ! if DATE: OCT 0 9 2006 MICHAEL E SR GARLAND Our file no. 4371 48063000000037146488 _ ,-, Tr. SHERIFF'S RETURN - REGULAR CASE NO: 2006-05553 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FORD MOTOR CREDIT COMPANY VS GARLAND MICHAEL E SR MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GARLAND MICHAEL E SR was served upon the DEFENDANT , at 1902:00 HOURS, on the 28th day of September, 2009 at 620 GUTSHALL ROAD BOILINGS PRINGS, PA 17007 by handing to DAVE MYERS STEPFATHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 6.16 Affidavit 10.00 Surcharge .00 R. Thomas Kline 34.16/ 00/00/0000 Sworn and Subscibed to By: before me this day Deputy heriff of A. D. MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (215) 789-7161 FORD MOTOR CREDIT COMPANY CUMBERLAND COUNTY COURT OF Plaintiff COMMON PLEAS V. I CASE NO. 06-5553 MICHAEL E SR GARLAND Defendant(s) CERTIFICATION OF NOTICE TO ENTER DEFAULT JUDGMENT It is hereby certified that a written Notice of Intention to File the Praecipe was mailed on 3/28/2007 to Defendant, MICHAEL E SR GARLAND, against whom judgment is to be entered after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A copy of said Notice dated 3/28/2007, a copy of the receipt for certified mailing to the Defendant and affidavits of service of said notice are all attached hereto. MAURICE & NEEDLEMAN, P.C. BY: U",Z?/y CHARLENE A. TAYLOR, ESQ. Attorney for Plaintiff Date: October 9, 2007 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (21--)) -/89--/ 161 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL E SR GARLAND Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-5553 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: MICHAEL E SR GARLAND, 620 GUTSHALL ROAD, BOILLING SPRINGS, PA 17007 MAURICE & NEEDLEMAN, P.C. T BY: CHARLENE A. TAYLOR, ESQ. Attorney for Plaintiff Date: October 9, 2007 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (215) -/89--/ 161 FORD MOTOR CREDIT COMPANY CUMBERLAND COUNTY COURT OF Plaintiff- - - COMMON PLEAS V. I CASE NO. 06-5553 MICHAEL E SR GARLAND Defendant(s) PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: No answer having been filed in the above Civil Action, kindly enter Judgment in favor of Plaintiff, and against Defendant, MICHAEL E SR GARLAND in the amount as follows: Principal Amount $ 11999.12 Interest to Date $ 2348.38 Costs $ 89.66 TOTAL $ 14332.38 MAURICE & NEEDLEMAN, P.C. 'Ay BY: DpAt CHARLENE A. TAYLOR, ESQ. Attorney for Plaintiff Date: October 9, 2007 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff 15) 789-7161 FORD MOTOR CREDIT COMPANY Plaintiff - - - - - - V. MICHAEL E SR GARLAND Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-5553 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. _ . L CHARLENE A. TAYLOR,-ESQUIRE, being duly sworn according to law, deposes and says that he/she represents the Plaintiff in the above entitled case and that Defendant, MICHAEL E SR GARLAND, 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. MAURNARLENE DLEMAN, P.C. BY: 4ATAYLOIR, ESQ. Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me this 1 p day of d j r , 200? Notary Public COMMONWFJt?TH OF PENNSYLVANIA Notarial Seal Agree Bedard, Notary Public City Of Philadelphia, PhBadeWa Cty My Cmvnission Expires Jan. 20, 2000 Member, Pennsylvania Association of Notaries MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff 15) "/2Sy-"1161 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL E SR GARLAND Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-5553 AFFIDAVIT OF MAIL SERVICE STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA SS. I, CHARLENE A. TAYLOR, ESQUIRE, being duly sworn according to law, deposes and says that he/she is an attorney at law and that on 3/28/2007 she mailed a written Notice of Intention to File the Praecipe to Defendant, MICHAEL E SR GARLAND, at 620 GUTSHALL ROAD, BOILLING SPRINGS, PA 17007 by certified mail, article nos. 7155 5474 4100 4360 4204. Copies of the receipts evidencing said mailing are attached hereto. A copy of the signed green card evidencing receipt of said mailing is attached hereto as well. MAURICE NEEDLEMA , P.C. BY: CHARLENE A. TAYLOR, ESQ. Attorney for Plaintiff SWORN TO AND SUBSCRIBED before me this 10 day of O-C.IF- , 2002. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cky SAW Beiland, Notary Publki adeli** Philadelphia MyCartxnieaionExpirap ,A-- - Member, Pennsylvania Asswation of Notarise Attorneys at law Suite 935, One Penn (enter 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 tel. 215.665.1133 fox 115.563.8970 www.mnlawpccom Donald S. Maurice Member NJ Bar Board Certified (reditors' Rights law American Board of (edification Joann Needleman Member PA 8 NJ Bar Thomas R. Domioczyh Member NJ, MY & PA Bar Charlene A. Taylor Member PA Bar March 28, 2007 VIA CERTIFIED & REGULAR MAIL MICHAEL E GARLAND SR 620 GUTSHALL ROAD BOILLING SPRINGS, PA 17007 Our File No. 4371 GARLAND SR CUMBERLAND COUNTY COURT OF COMMON PLEAS, CASE NO. 06-5553 Dear MICHAEL GARLAND: Enclosed please find a ten (10) day notice of default which is self- explanatory. This is being served upon you due to your failure to respond to Plaintiffs Complaint served upon you on 09/28/2006. Unless an answer to Plaintiff's Complaint is filed with the Court within ten (10) days from the date of this notice, a default judgment may be entered against you. If you would like to discuss a resolution to this matter, please call our office at 908-237-4571 and ask for Kim Crosby. Thank you for your prompt attention to this matter. Very truly yours, MAURICE & NIEDLEMAN, P.C. Esq, New Jersey Office Maurice S Needleman, P.(. Suite 2007 5 Walter F. Force Blvd. Remington, NJ 08822 te1.908.237.4550 fax 908.237.4551 THIS CORRESPONDENCE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS FIRM IS A DEBT COLLECTOR MAURICE & NEEDLEMAN, P.C. Attorneys for Plaintiff 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 (215 789-7155 FORD MOTOR CREDIT COMPANY CUMBERLAND COUNTY COURT OF Plaintiff COMMON PLEAS V. I CASE NO. 06-5553 MICHAEL E SR GARLAND IMPORTANT NOTICE TO: MICHAEL E SR GARLAND DATE: March 28, 2007 620 GUTSHALL ROAD BOILLING SPRINGS, PA 17007 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY 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 JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-31.66 MAURICE & NEEDLEW, P.C. BY ,ESQ for Plaintiff mam S SDC-3900 Pcomlo;.- Certified Mail WITHOUT Return Receipt Service. (No Return Receipt Card) 0 Certified Mail Label with Postage Attached Q Delivery Address 0 or © Return Address 0 U o: z LLJ J O 0) W U Q Z c °- 06 (D tv W IL ?0-0 ce Q LO rn a O Individual Receipt '111111' Top of the Page "00111" O Certified Mail WITH Return Receipt Service (Uses Return Receipt Card) Certified Mail Label, Card, and Postage pi WJh ? co ~N* V go "a 10 E >. ? U l :0) Delivery Address v 0 0 ? o cn 0 zz `. a J J LU 7: IX J rn a W F- U) = 0 C: U 0= ('Dom 0 CO = rn can o -' z r g aCL Q U) UQz W =? -J V) Q- W =U5 _ a m U o 'o _ (d CO LU uj F- S W Xa ? U .'Ifl?i=. ? OWC .?- z y j w ? o! _ a LL 04D. i. -e a U. 0: t= ti e- O F 'a a ? ? J CO) w?E a CO) n. J :3 r s ` ? r9 ,r .? V G O WJod Sd U tL M I LU o ?CD WUQ Z o. 06 d N Wa.c t<i a Cq ?m? 4 O L1 ? . a a N ` R ( ?' p O F W t ?, 2 4 yLL $ y LL s i t i. > m M m g ? a o i d y 8 v 1 a L ItB?VlYV?? IIRM O!M OKA Atli SSU jj= *9m" 0 1 Certified Maii Sender's Address Receipt I.L ly s' MAURICE & NEEDLEMAN, P.C. 935 One Penn Center e Philadelphia, PA 19103 U. a i A. Sion 06 By: or o Ao.nu 7155 5474 4100 4360 4W4 RETURN RECEIPT REQUESTED C. Data of Delivery , Artids Addressed To., 13.Addresses'sA dress(semWwFMMAd*MUndors«aa) In?iller,lliI,Iillrrl1orlirlr1oilIrllrrrrlrtl1rllllltIr,lltll Secondary AddrawISun* IApt. IFtm so - P,irW6..w MICHAEL E GARLAND SR 620 GUTSHALL Rd Boiling SPRINGS PA 17007-9604 Delivery Address _. A ) I city state''- ZIP + 4 Code C'7 rll T Q E r S c" r ?. - co ?' i T Z ! MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Charlene A. Taylor, Esq. Identification No. 203920 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 Attorneys for Plaintiff (215) 789-7161 FORD MOTOR CREDIT COMPANY Plaintiff V. MICHAEL E SR GARLAND Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CASE NO. 06-5553 (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $14332.38 on jo/I410 _ (X) A copy of all documents filed with the Prothonotary in support of the within judgment is enclosed. Prothono /Clerk by: If you have any questions regarding this matter, please contact the filing party: Name: Charlene A. Taylor, Esquire Address: Suite 935, One Penn Center at Suburban Station 1617 J.F.K. Boulevard Philadelphia, PA 19103 Telephone No.: 215-789-7161 (This Notice is given in accordance with Pa.R.C.P. §236) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MBNA AMERICA BANK, N.A. Plaintiff VS LISA T PHAM THAHN HUYNH Defendant(s) No. 06-5533 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION To the Prothonotary: Kindly mark the attachment against the Garnishee, SOVEREIGN BANK, discontinued, upon payment of your costs only. Respectfully Submitted, Date: 1610(:K Amy F. Doyle #8706 / Philip C. Warholic #86341 / David R. Galloway #87326 / Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Mann Bracken LLC The Successor by Merger to Wolpoff & Abramson, L.L.P. and Eskanos & Adler, P.C. 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff File No. 130697963 c2l Andrew Sklar, Esquire (ID#65332) Lloyd S. Markind, Esquire (ID #52507) Jordan W'. Fetzer, Esquire (ID #38670 Sklar - l~'Iarkind 102 Browning Ln, Bldg B, Ste 1 Cherry Hill NJ 08003 856/616-8710 FILE. NO~.: FT110661 Attorneys {~or Plaintirf _,~ ~ - ,-. . _ ;r., f _. t _. i. ~'~ LI.~~;. IN "I'HE C(>URT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF,NNSYL VANIA CIVIL ACTION -LAW FORD MOTOR CREDIT COMPANY Plaintiff(s) No. 06-5553 v. MICFIAE)_ E SR GARLAND Defendant(s) Term CNIL ACTION PRAECIPE FOR SUBSTITUTION OF COUNSEL TO TI-IE PROTHONOTARY: Kindly substitute Andrew Sklar, Esquire and Lloyd S. Markind, Esquire of the Iaw offices of Sklar ~ Markind, l 02 .Browning Lane, Building B, Ste 1, Cherry Hill, New Jersey 0800 3 as counsel for the Plaintiff in the above entitled matter. The undersigned hereby consents to this subs~itA:iti /~r A e Sklar, Esquire (ID #65332) L S. Markind, Esquire (ID #52507) Jo an W. 1 elzer, Esquire (ID #386701 Superseding Attorneys Sklar ~ Markind 102 Browning Lane, Bldg B, Ste I Cherry Hill. NJ 08003 ~~. L Joann Needleman, Esquire* Withdrawing attorney Maurice ~& Needleman, P.C. 935 One Penn Center Philadelphia, PA 19103 ID#74276 Dated: October 12, 2012 Dated: October 12, 2012 * Signed with permission of Joann Needleman, Esq.