HomeMy WebLinkAbout06-5887It ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a
FORD MOTOR CREDIT COMPANY,
Plaintiff,
v,
REBEKAH E. KOHR,
Defendant.
NO. 0(o
--S'PP7 Crl 1. I ??lr??
t
COMPLAINT IN CIVIL
ACTION
Filed on behalf of:
Ford Credit t/d/b/a Ford
Motor Credit Co.,
Plaintiff
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
KOHR, REBEKAH 2800.1917
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a
FORD MOTOR CREDIT COMPANY,
NO.
Plaintiff,
V,
REBEKAH E. KOHR,
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 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. 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
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a
FORD MOTOR CREDIT COMPANY, NO. 6L V?l
Plaintiff, )
V, )
REBEKAH E. KOHR, )
Defendant. )
COMPLAINT IN CIVIL ACTION
Cut, C-ap,
AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT CO., by and
through its attorney, GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE &
FELIX, A.P.C and files the following Complaint in Civil Action, and in support thereof aver as
follows:
1. Plaintiff, Ford Credit t/d/b/a Ford Motor Credit Co., is a corporation with offices at
575 East Swedesford Road, Suite 100, Wayne, Pennsylvania 19087.
2. Defendant is, Rebekah E. Kohr, an adult individual, who is believed to currently
reside at 507 Market St., New Cumberland, PA 17070.
3. On or about August 17, 1999, the aforesaid Defendant 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 Plaintiff's Exhibit "1" and incorporated by reference.
4. "Seller" thereafter assigned the Contract to Plaintiff, Ford Credit.
5. Pursuant to the terms of the Contract, Defendant was to make Sixty (60)
payments of $220.00 commencing on, October 1, 1999.
6. The terms of the Contract provide for termination upon satisfaction by Defendant
of all obligations provided thereunder.
7. Plaintiff avers that Defendant 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 and retake possession of the vehicle.
9. After calculating early termination charges due to Plaintiff, Plaintiff avers that a
deficiency balance of $3,741.06 is due from Defendants as of August 23, 2004.
10. Plaintiff avers that such attorney's fees will amount to $1,000.00.
12. Despite repeated request, Defendant have willfully failed and/or refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant, in the
amount of $3,741.06, plus legal interest from the date of breach, reasonable attorney's fees in the
amount of $1,000.00 with continuing interest thereon at the legal rate 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:
P
M L. 1%'6WEsquire
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
•RENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL IN, _LMENT CONTRACT DATE 08/17/99
Buyer (and Co-Buyer) Name and Address (including County and Zip Code) CREDITOR (Seller Name and Addm")
ffA6UIRES FORD OF FER94EY
REBEHAH E. KOHR 1251 COCOA AVE. '
91z NORTH 3RD STREET A 2?7 A v4 HERSHEY. PA 17033 AUG 2 3 1999
HARRISBURG PA 17102
You, the Buyer (and Co-Buyer, If arry), may buy the vehicle described below for ash or on credit The Cash Price" shown below Is the cash prim of the vehicle. The
.v..r Q- ow,..• .h...e h.ran t1 rh. credo odm. Ov slanino Wa contact You choose to buy on credit under the agreemords on the from and bath of this mmracL
New/Used Year and Make Model I GVW HTruck fibs.) Vehicle ldenalkation Number Use For Which Purchased
? Persorel ? Agricultural
NEW 99 FORD ESCORT N/A IFAFPIGPXXWE21451 ? Commercial
Trade-In N/A j j YOU MAY OBTAIN VEHICLE INSURANCE
Year and Make Gress Allowance Amount Owing FROM A PERSON OF YOUR CHOICE.
12400. WA
(t) YOU ARE NOT REQUIRED TO OBTAIN
TY AND
1. Cash Price .................................................................................... $ CREDIT LIFE, CREDIT DISABILI
2. Down Payment OTHER OPTIONAL INSURANCE. THIS
Third Party Rebate Assigned To Creditor .......................... $ 111 69 CONTRACT WILL NOT INCLUDE THEM
NLESS YOU SIGN AND AGREE TO PAY
Cash Down Payment ............................................................ S
NM
/A U
Tradedn $Min $ N
-$ THE PREMIUM.
Vow &N ueu G- AA-- A-.t Chft
$ 2150.00 (2)
THIS CONTRACT DOES NOT INCLUDE
Total Down Payment ...................................... .............
$ 10250.00 (3) LIABILITY INSURANCE COVERAGE F
3. Unpaid Balance of Cash Price (1 minus 2) ................................ AND PROPERTY
INJURY
BODILY
4. Amounts paid on your behalf (Seller may be retaining a portion of these amounts) TO OTHERS.
DAMAGE CAUSED
To Insurance Companies for
Credit Life Insurance (for tens of contract) ..................... _..
Credit Disability Insurance (for tens of contract) ............... $ MAO
[Term -Months(Estimate))$
To Public Officials (i) for license ($ NKNtle IS 22.50 1, 8
registration ($ 4 1. M ) fees $_11. 50
? Credit Life
N/A Insurer
(ii) for filing fees$ 5.
779.20 $
Premium Insured(s)
(iii) for lazes (not In Cash Price) $ 710.70 E
N/A
To for Messenger Service ...... .»....... $ 5?• 00
T SERVICE CONTRACT $ Signature(s)
To SERVICE COffRA6
To MRGUIRES FORD fW DUUMMTRTI 39.00
To for S N/A
Total ...................................... ............................. ........................ $ 1413.20(4)
................................. $ 11663.20 (5)
5. Amount Financed (3 plus 4) ..................... Credit
?Disability
N/R Insurer
$
Premium insured
ANNUAL FINANCE Amount Total of Total Sale Signature
PERCENTAGE CHARGE Financed Payments Price
RATE The dollar amount The amount of The smoum The total coat
credit provided t you will have of your purchase on
The cost of your the credit will you or on your paid when you crediL
credit as a yearly rate cost you behalf have made all Including your (:I Type of Insurance TBrm-
scheduled downpayment
payments of $
$ -
- Insurer Premium
g._% % 2
t 166 " 1
Number of Atraunt of Each When Paymerrls na ure
Payment Schedule ? payments Payer an due Credit Life and Credit Disability Insurance are
t
d
T
Your schedule cat $- (monthly starting)
payment an
he amoun
for the term of the contract
coverage are shown in a notice or agreement
will be: 1 final $ WA 0L_OCT 99 given to you today.
You must Insure the vehicle. If a charge Is
shown below, the Creditor will try to buy the
covsfoges chocked for the term shown.
Coveerraappsns will be based on the cash value of
t more than
f l
b
t
no
oss,
u
lhs vehicle at time o
the limbs of the policy.
N/A
rehensive ? j D
ductible
? Com
Prepayment: If you pay off your debt early, you will not have to pay a penalty. p
e
Collision
Late Payment: You must pay a late charge on the portion of each payment received more ? Fire- Theft-Combined Additional Coverage
than 10 days late. The charge is 2 percent of the late amount or 550.00 whichever Is less.
? Towing and Labor
Security Interest: You are giving a security interest in the vehicle being purchased.
Contract: Please see this contract for additional information on security interest, nonpayment, ? Tenn Months (Estimate)
default, the right to require repayment of your debt in full before the scheduled date, and Premium $ N/A
Prepayment penalty.
COMMERCIAL VENICLES: The charge shown In ate above b0s for Isla payments applies where the vehicle
purchased has a gnrss vehicular weight of loss then 15.000 pounds. If the vehicle You purchased has s grces
vehicular weight of 15,000 pounds or mom. you must pry a Ilea Charge on the potion of each peymem mcelved
more than 10 days late. The charge is 4 percent of the late amcuht or $50. whiCrwVer Is Was.
If you do not most your contract obligations, you may lose the vehicle that you am financing under this oontracL
as well as both parts and goods put on the vehicle and money or goods reaNved for the vehida.
NON-MODIFICATION DISCLOSURE
Any change in V?Iconpact ryusl be in writ?gignd by you and the Creditor
Do not sign this contract in blank.
You a[R entitled to an exact copy of the contract you sign.
Buyer
filled in copy
By signing W , the Seller accepts this contract. If no other Assignee Is named in a separate
assignment attached to this contract, the Seller asst o rd Motor Credit Company.
By Title
oasrsi Anti M tP.tIBGUrLAEd.
SEE BACK Fr)R AnnrrlnllAr
QUESTIONS?
esaavameanaeya.n.earrw?wo
?4,JD'
PLEASE CALL US 7I~V 80 7 •T 01"+
99-001
contract at the time of signing.
ORIGINAL
k
t?
f..
ADDI' L AGREEMENTS,
A. Paymonts and.Summary Notice: You must make mi
payments when they are due; You may prepay your debt at any
time without penalty. This is a simple interest contract. The
actual finance charge you agree to pay alit depend on your
payment patterns. The actual finance charge may exceed. the
disclosed Finance Charge it you make your payments later than
the scheduled dales or in less than the scheduled amount. The
Creditor will apply your payments first to the earned and unpaid
part of the Finance Charge and then to the Amount Financed.
The Creditor eams the Finance Charge by applying the Annual
Percentage Rate to the unpaid Amount Financed for the actual
time the unpaid Amount Financed Is outstanding. Wthe vehicle is
repossessed, you will not have a right to reinstate the contract
unless the Creditor agrees.
B. Security Interest: You give the Creditor a security interest in:
1. The vehicle and all parts or other goods put on the vehicle;
2. All money or goods received for the vehicle; and' -
3. All insurance premiums and service contracts financed for you.
This secures payment of all amounts you owe in this contract; It
also secures your other agreements in this contract.
C. Use of Vehicle - WARRANTIES : You must take care of
the vehicle and obey all laws in using it. You may not sell or rent
the vehicle, and you must keep It free from the clairps,of others.
You will not use or permit the use of the vehicle outside of "the
United States, except for up to 30 days in Canada or Mexico,
without the prior written consent of the Creditor. If the vehicle is
of a type normally used for personal use and the Creditor, or
the vehicle's manufacturer, extends a written warranty or
service contract covering the vehicle within 90 days from the
date of this contract, you get implied warranties of
merchantability and fitness for a particular purpose covering
the vehicle. Otherwise, you understand and agree that there
are no such implied warranties.
D. Insurance: You must insure yourself and the Credjlor against
loss or damage to the vehicle. The Creditor must approve the
type and amount of insurance. If the Creditor obtains a refund on
insurance or service contracts, the Creditor will subtract the
refund from what you owe. Whether or not the vehicle is
insured, you must pay for it if it is lost, damaged, or
destroyed.
If a charge for vehicle insurance is shown on the front, the
Creditor will try to buy the coverages checked for the term shown.
The Creditor is not liable, though, if he cannot do so. If these
coverages cost more than the amount shown for insurance, the
Creditor may buy them for a shorter term or he may give you
credit for the amount shown. If he cannot buy any insurance, he
will give you credit for the amount shown. The credit will be made
to the last payments due.
E. Late Charge: You will have to pay a late charge on the
portion of each payment made more than ten days late. The
charge is shown on the front. Acceptance of a late payment does
not excuse your default or mean that you can keep making
payments after they are due. The Creditor may lake the steps set
forth in this contract, if there is any default.
GUARANTY
To cause the Seller to sell the vehicle described on the front of this contract to the Buyer, on credit, each person who signs below as a
"Guarantor" guarantees the payment of this contract. This means that If the Buyer fails to pay any money that Is owed on this
contract, each one who signs as a guarantor will pay It when asked. Each person who signs below agrees that he will be liable for the
whale amount owed even K one or more other persons also signs this Guaranty. He also agrees to be liable even If the Creditor does
one or more of the following: (a) gives the Buyer more time to pay one or more payments, or (b) gives a release In full or In part to
any of the other Guarantors, or (c) releases any security. Each Guarantor also states that he has received a completed copy of this
contract and this Guaranty at the time of signing.
Guarantor Address
Guarantor Address
F. Default: You will be in default if:
1. You do not make a payment when it is due;.or .
2. You gave false or misleading ipformat'ion on-your credit
application relating to this contract; or
3. Your vehicle is seized by any local, stale, or federal
authority and is not promptly and unconditionally
returned to you; or
4. You rile a bankruptcy petition or one is filed against you; or
5. You do not keep any other promise in this contract.
If you are in default, the Creditor may require you to pay at once
the unpaid Amount Financed, the earned and unpaid part of the
Finance Charge and all other amounts due under this contract.
He may repossess (take back) the vehicle, too. ''He may also
take goods found in or on the vehicle when repossessed and
hold them for you.
If the vehicle is taken back, he will send you a notice. The notice
will say that you may redeem (buy back) the vehicle. It will also
show the amount needed to redeem. You may redeem the
vehicle up to the time the Creditor sells it or agrees to sell it. If
you do not redeem the vehicle, it will be sold.
The Creditor will use the money from the sale, less the allowed:
expenses, to pay the amount still owed on this contract.
Expenses paid as a direct result of having to retake the vehicle,
hold it for sale, and sell it are, as permitted by law, allowed
expenses. Lawyers' fees and legal costs permitted by law are
allowed, too. The Creditor will pay you any money left (a
surplus). You will pay any money still owing after the sale to the
Creditor. If you do not pay this amount when the Creditor asks,
the Creditor may charge you interest at the highest lawful rate
until you pay.
G. General: To contact Ford Motor Credit Company about this
account, call 1-(800) 727-TORO. The law of Pennsylvania applies
to this contract...IJ that law does not allow all of the agreements
in this contract, the ones that are not allowed will be void. The
rest of this contract will still be good.
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 Vehicle Buyers Guide. If you are buying a used
vehicle with this contract, federal regulations may require a
special Buyers Guide to be displayed 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.
Fc 1r67r-0I MR M trM09W.dnv+ mq NOT W ~.)
«ew?ww?rerrrenee
017 ,0 0 70188
FC 1793740 APR 90
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 is based upon and has been obtained from a review of the facts and information contained in
the business records of the Plaintiff supplied to us by the 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: U
egg L. Morris, Esquire
Patenaude & Felix, ARC
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
q1
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2006-05887 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FORD CREDIT T/D/B/A FORD MOTOR
VS
KOHR REBEKAH E
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
KOHR REBEKAH E but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
the within named DEFENDANT KOHR REBEKAH E
507 MARKET STREET
NEW CUMBERLAND, PA 17070
DEFENDANT MOVED TO RED LION 2 YEARS AGO.
NOT FOUND , as to
Sheriff's Costs: So answer •
Docketing 18.00
Service 14.96
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
47.96/ PATENAUDE & FELIX
10/20/2006
Sworn and Subscribed to before
me this day of
A. D.
r
- A.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT T/D/B/A FORD MOTOR CREDIT
COMPANY
NO. 06-5887
Plaintiff
V.
REBEKAH E KOHR
Defendant(s)
PRAECIPE TO
DISCONTINUE WITHOUT
PREJUDICE
Filed on behalf of:
FORD MOTOR CREDIT 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_170 Prep Disc w/o Prjdc
P&F File No. 2800.1917
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD MOTOR CREDIT T/D/B/A FORD MOTOR CREDIT
COMPANY
Plaintiff
V,
REBEKAH E KOHR
Defendant(s)
NO. 06-5887
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
TO: Prothonotary
y submitted:
ix, A.P.C.
Date:
Please discontinue the matter captioned above without prejudice. Thank you.
Sworn to and subscribed before me this
day of ?y t, tJ5-t , 2067.
Notary Public
PA- 170 Prcp Disc w/o Pddc
Gtog L. M is, Esquire
213 E. Main treet
Carnegie, PA 15106
(412) 429-7675
NOTARIAL SEAL
ERIN N WTZELk
Notary BuW
CARNEGIE SOROUGH, ALLEGHENY COUNTY
MV Commission Expires Jul 21, 2010
P&F File No. 2800.1917
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