HomeMy WebLinkAbout06-6047
GREGG L. MORRIS, ESQ.
PATENAL!DE & FELIx. A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
PA ID#69006 `i
IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY
Plaintiff,
NO. 61a --4?7 (21 (j
V.
JASON S DIEHL,
Defendant(s)
COMPLAINT IN CIVIL ACTION
Filed on behalf of:
FORD CREDIT t/ d/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
NO.
Plaintiff,
V.
JASON S DIEHL,
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.
PENNSYLVANIA
FORD CREDIT t/d/b,ia FORD MOTOR
CREDIT COMPANY,
Plaintiff
NO. 01o -&0q / (21L t C`
V.
JASON S DIEHL,
Defendant(s).
COMPLAINT IN CIVIL ACTION
AND NOW, comes Plaintiff, FORD CREDIT t/d/b/a FORD MOTOR CREDIT COMPANY,
by and through its attorney,GREGG L. MORRIS, ESQUIRE and the law offices of PATENAUDE
& FELIX, A.P.C. and files the following Complaint in Civil Action, and in support thereof aver
as follows:
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 JASON S DIEHL, an adult individual, who is believed to currently reside
at 967 W TRINDLE RD LOT 21, MECHANICSBURG, PA 17055.
3. On or about May 23, 2000, 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 61 payments of
5219.35 commencing on July 07, 2000.
T
6. The terms of the Contract provide for tennination 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 $3,671.78 is due from Defendant(s) as of February 16, 2006.
10. Plaintiff avers that such attorney's fees will amount to $900.00.
11. Despite repeated request, Defendant(s) have willfully failed and /or refused to pay the
aforesaid sum due.
WHEREFORE, Plaintiff demands Judgment in its favor, and against Defendant(s), in the
amount of $3,671.78, plus legal interest from the date of breach, reasonable attorney's fees in the
amount of $900.00 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:
Patenaude &'Aelix, A.P.
G ea,gZK
Main Street
negie, PA 15106
(412) 429-7675
PENNSYLVANIA SIMPLE INTEREST VEHICLE RETAIL INSTALLMENT CONTRACT DATE 06/23/00
Buyer (and Co-Buyer) Name and Address (including County and Zip Code) CREDITOR (Setter Nalhe and Address)
JASON S DIEHL J) A 3)?3 MAGUIRE'S FORD INC.
967 U TRINDLE RD LOT 2 SOUTH MAIN ST. P.O. BOX 39
MECHANICSBURG PA 17066 DUNCANNON, PA 17020-0039
You. the Buyer (and Co.auyw, 0 any). may buy tits veldcls dasalbod below for ash or on credit The "Cash Price" shown tallow In the cash price of the vehicle. The
-robot Sole Price" shown below Is the crest pries By signing We contract, you choose to buy on crash under to preamanb on the from and back of tls centred.
USED ? Personal ? Al leuaurel
199FORD ESCORT I A A P ? Commercial
Tradean-__ NIA S N/A $ ¦II!A :VYOU MAY OBTAIN VEHICLE INSURANCE
Year and Make Oroas Allowance - AmountOwkg
,•, .. „ems.. ..:::..n:. .w FROM A PERSON OF YOUR CHOICE
r , ,. Cash Price .................... :................................... _..._..................... , $ 7500.00 (,) .. YOU ARE NOT REQUIRED TO OBTAIN
CREDIT LIFE, CREDIT DISABILITY AND
r 2. Down Payment OTHER OPTIONAL INSURANCE THIS
Third Party Rebate Assigned To Creditor .......................... $ NIA CONTRACT WILL NOT INCLUDE THEM
Cash Down Payment ................................................ :........... $ 121.26 UNLESS YOU SIGN AND AGREE TO PAY
Trade-in $ NSA E N/A $ N/A THE PREMIUM.
Yew.nd MO. G- AN- Arras 0, WV
. Total Down Payment ._ ............................................................ $ 121.26 (2)
3. Unpaid Balance of Cash Price (1 minus 2) ................................ $ 7179-71; (3)
4. Amounts paid on your behalf (Seiler may be retaining a portion of these amounts;
To Insurance Companies for
Credit Life Insurance (for term of contract) ......................... S-261 90
Credlf Disability Insurance (for term of contract) ...........:... $ NIA
[Term -Months (Estimate)] $ MIA
To Public Officials (i) for license ($ 18. dative ($ 22.69 a
registration ($ 41-#Pbs $ 8246
(!I)forfiling fees t N/A
(iii) for taxes (not in Cash Price) $ 460.00 $ 632.26
To for Messenger Service ................ $ N/A
To for $ N/A
To MAGUIRE'S FORD for DOCUMENTATION FEE $ 39.00
To for S N A
Total ............................................................ -............................ $ 833.15 (4)
5. Amount Financed (3 plus 4) ....................................................... $ 8211.90 (Si
ANNUAL FINANCE Amount Total of - Total Sale
PERCENTAGE CHARGE Financed Payments Price
m The amount of The amount The total cost
nur M credit provMed
youor on your you wS, have
paid when you of your purchase
credit
cress, rate coat you behalf have made all Inckx roll your
scheduled downp@ merit
20.00 %Is 4949.10$ 8211.90 j$ f3161.00?$ 13282.26
Payment Schedule Number of Amount ofEsch When Payments
? P"60ft payment. are due
Your payment schedule $ 21936 ( ts rtin
will be: 1 final $- ? u' "uL 9) 00
THIS CONTRACT DOES NOT INCLUDE
LIABILITY INSURANCE COVERAGE FOR
BODILY INJURY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
CiCredit Life -AMERICAN REP INS
Insurer
$ p6t-g0 JASON S DIEHL
?? m?ov? ? j, 0 auras{s)
®- Signature(s)
? Disability
Insurer ?
N/A R
$ Premium n Insufed
? Type of Insurance Tenn
$
Insurer Premium
Credit Llfe and Credit Disability Insurance are
for the term of the eontrocL The amount and
coversgas are shown in a notice or agreement
glwn ts you today.
You must Insure the vehicle. If a sharps is
shown below, the Creditor will try to buy the
coverage* checked for the term shown.
Cover ag? will be based on the cash value of
the
vehicle M time of loss, but not more than
the limits of On policy.
Prepayment: If you pay off your debt early, you will not have to pay a penalty. ? Compreherarve ? $A)ed
o
Late Payment: You must pay a late charge on the portion of each payment iecelved more i
n
Collision
than 10 days late. The charge is 2 percent of the late amount or $50.00 whichever Is leas. ? Fire- Theft-Combined Additional Coverage
Security Interest: You one giving a security interest in the vehicle being purchased. ? Towing and Labor
Contract Please see this contract for additional Information on security Interest no%renl,
defauh
tits ri
ht to re
uire re
ment of
a
our debt In full bef
th
r
h
l
d
d d
d
t ? Term Months (Estimate)
,
g
q
p
y
y
o
e
e sc
e
u
e
e, an
a
oreoevrneM roenanv. Premium $
COMMERCIAL VEMCLES: The sage shown In the above box for lots papnsrrle applies where the vehicle
purchased has a gas vehicular weight or less than 15.000 ponds. If tits vshlds You pradased tea a times
vehicular weIOM of 15.000 pounds or more, you must pay a has dugs on gas potion of each payment recaked
mors than 10 days IW. Th. surge is 4 pwo" d the lass amount or $50, w/idww 1. 1.
If you do not meet your oontrad oblgallons, you may lose the vehicle that you am feardng under this cm*W,
as wait as both pare and goods Pull on lee vehicle and away or goods racelvad for the vehicle.
NON-MODIFICATION DISCLOSURE
Any charge in this contract must be in writing and signed by you and the Creditor.
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..
.la4-,
BUYER SIGNS 1COI BUYER SIGNS
QUESTIONS?
PLEASE CALL US AT 1.800.727-7000
_ 9e-0Ot
Buyer ack9 Wedges receipt of As true and completely filled in copy of this contract at the time of signing.
assign an rNaohedl4Nde ltsldrr the
BNANCN crOPY
rC ttsert1Aura N 1rr.v4s.leaw W For a,e.a.t SEE BACK FOR ADMONAL AGREEMENTS
ADDITIONAL AGREEMENTS
make all
ments and Summary Notice: You must t
Pa
A
F. Default: You wilt be in default ff:
y
.
at any
debt
payments when they are due. You may prepay I
time without penalty. This is a simple interest conned. The 1. You do not make a payment when it Is due; or
on-you, cre0t
tron
You gave false or misleading information
2
actual finance charge you agree to pay will depend on your
The actual finance charge MY exceed the
ms
tt et; or
.
a iration relating to this contra o
r vehicle Is seized by any Weil, state,'or federal
Y
.
e
payment Pa
disclosed Finance Charge if you make your.payments latet than
n the scheduled amount. The
th ou
3.
and unconditionally
authority and is not promptly
a
the scheduled dates or In less
Creditor will apply your payments first to the earned and unpaid
and than to the Amount Financed
h retumed to you: or
Petition or one is filed against you: or 4, you file a
other promise In this contract.
an
arge
part of the Finance C
nual
Creditor eams the Finance Charge by applying the.
Th y
5. You do of keep
o
e
Percentage Rate to-the unpald Amount Financed for the actual If.the
is
•
ed is tst
Fi
u nce
at
the
dCreditor
f you are
the earned and unpaid part of the
I
in
nanc
nt
to the
time the unpaid Amo
have ve a right to o reinstate the contract
noot
will
you
repossessed. inance
t he unpaid
Finance Charge and all other amounts due under this contract.
He may also
t
the Cr
es.
gre
editor a
unless the Creditor oo.
He may repossess (take back) the vehicle,
take goods found in or on the vehicle when repossessed and
B. Security Interest: You give the Creditor i security Interest in: hold them for you.
1. The vehicle and all parts or other goods put on the vehicle;
ds received for the vehicle: and
or go
one
All if the vehicle Is taken bade, he will send you a notice. The notice
ou may redeem (buy bad() the vehicle!
that
o
y
m
2.
3. AD Insurance Premiums and service contracts financed for you.
y
wi say
ll
show the amount needed to redeem. You
ft Creditor-sells It or-agrees to-sell It If
This secures payment of all amounts you owe in this contract. II vehicle up to the time
you do not redeem the, vehicle, it will-be sold., , -
also secures you! other agreements in this contract.
,
ey from the sale, less the allowed
the mo
l
C. Use of Vehlcls - WARRANTIES : You must take care of
You may not sell or rend
ws to using it
ll l n
use
The Creditor wil
expenses, to pay the amount still owed on this contracL
t result of having to retake the-vehicle,
di
.
a
the vehicle and obey a
the vehicle, and you must keep it free from the clalms of others.
use of the vehicle outside of the
it th rec
Expenses paid as a
am,
sell
sale
al cealsmpermitted by laare
d l
'
r
e
lp
e
You will not use perm
United States, except for up to 30 days in Canada or Mexico,
sent 11 the Creditor. N the vehicle eg
fees an
L
awyers
en
x
pay left (a
allowed.
oney still °wyou ing after money hle'to the
ll pall anyto
o
of a type the odor written con
or
of a type normally used for personal use and the Creditor, or
extends a written warranty' or
' Y
u
m
Creditor. the
Creditor. If you- do not Pall this rest a! "'?e,h nh onset diaW?r asks.
le l rate
l
s manufacdwner,
the vehicle
service contract covering the vehicle within 90 days from the
you get implied warranties of
ntract
hi n
dhe Creditor- may charge you
unlit you pay. •
,
s co
date of t
merchantability and f tne" for a particular purpose covering
you understand and agree that there
Otherwise
G:-69niml: To contact Ford Motor Credit Compwhy about this
The law of Pennsylvania applies
727-7000
8W
l 1
,
the vehicle.
an no such Implied warranties .
)
-(
account cal
to this contract. If that law does not allow all of the agreements
not allowed will be void. The
t
D. Insurance: You must insure yourself and the Creditor against
The Creditor must approve the
l are
In this ookract, the.ones tha
rest of this contract will still be good...
e.
kiss or damage to the vehic
type and amount of Insurance. If the Creditor obtainsa refund on
t th r
e
Insurance- or service contracts, the Creditor will subtrac
Whether or not the vehicle Is
refund from what you owe.
Insured, you must pay for H H it is I°°! .damaged, or NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT
des troysd.
rance is shown on the front, the
i
l CONTRACT S SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT
nsu
e
if a charge for vehic
Creditor will try to buy the coverages checked for the term shown. AGAINST THE SELLER OF GOODS OR SERVICES
amount cannot r Iso. If these
The Creditor Is not liable, though, If he
u
ve
y
he
a
g
tis
e
m
HERETO OR
PROCEEDS HEREOF. TRECOVERY HEREUNDER BY
o
lv
e
m
y
ft
rm
for
Creditor e
If he cannot buy any insurance, he THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY
credit for the amount shown.
redit for the amount shown. The credit will be made THE DEBTOR HEREUNDER.
will give you c
to the last payments due. Used Motor Vehicle Buyers Guide. If you are buying a used
E. Late Charge: You will have to pay a late charge on the
The
lat vehicle with this contract, federal regulations may require a
on.the window of the
displayed
'. spedal Buyers Guide to
e.
portion of each payment made more than ten days
payment
of a late
on the
•
l
in g
at INFORMATION
vehicle. ' THE
WINDOW FORM FOR THIS VEHICLE S PART OF
t yo
mean tha
t or
u can
ma
defau
rot excuse your
payments after theyers due. The Creditor may take the steps set
THIS CONTRACT. INFORMATION ON THE WINDOW
FORM OVERRIDES ANY CONTRARY PROVISIONS
forth in this contract, If there is any default. IN THE CONTRACT OF SALE.
t
#!!!M _ GUARANTY 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 .
r' guarantees the payment of this contract This means that if the Buyer fails to pay any money that is owed on this
each one who signs as a guarantor will pay It when asked. Each person who signs below agrees that he wig be liable fort he
ount owed even It one or more other Persons also signs this Guaranty. Ha also agrees to be Babb even if the Croditor does
are of.the following: (a) gives the Buyer more time to pay one or more payments, or (b) glvee a release in full or in part to
e other Guarantors; or (c) releases any security. Each Guarantor also states that he has recelved a canpteted copy of this
and thii Guaranty at.the time of signing.
. Address
tor: ""• -' ' - -- Address y NW b. -d)
tor
Fchmr. Al.". _
• l
VERIFICATION
The undersigned is an authorized agent of the Plaintiff and verifies that the facts and
statements made herein are true and correct based upon my knowledge, information and
belief, and are based upon and have been obtained from a review of the facts and
information contained in the business records of the Plaintiff supplied to us by Plaintiff.
Counsel has signed the verification as a matter of time and convenience. The verification
of the party will be provided if requested. The statements are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Date: September 19, 2006
& Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
? -T
-le
4
8
11
GREGG L. MORRIS, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
PA ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY
Plaintiff,
V.
JASON S DIEHL,
Defendant(s).
NO. 06-6047
PRAECIPE FOR
DEFAULT JUDGMENT
Filed on behalf of:
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
P
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR )
CREDIT COMPANY,
NO. 06-6047
Plaintiff )
V. )
JASON S DIEHL, )
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 $3,671.78
Interest from February 16, 2006 $596.70
Attorney's fees $900.00
TOTAL $5,168.48
With continuing interest on the principal amount of $5,168.48, with interest at the legal rate,
plus costs of suit.
I hereby certify that a written notice of intention to file this praecipe was mailed to the
Defendant(s) and Defendant(s) counsel (if known), after the default had occured and at least ten (10)
days prior to the date of the filing of this praecipe. A copy of the Notice is attached.
F
GG LNrOlUnS, ESQUIRE
atenaude & Felix, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
NO. 06-6047
Plaintiff
V.
JASON S DIEHL,
Defendant(s)
Patenaude & Felix,
latetfaude & Felik, A.P.C.
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
Sworn to and subscribed before me
this _ _day of _20Q?P,
ERIN N BI TEAS
ERIN N BALTIELL
Notary Notary
Public Ic COUNTY
CARNEGIE BOROUGH, AIIEGNEW
My Comm?ion EXPIMS J%A 21, 2010
PLAINTIFF'S AFFIDAVIT OF NON-MILITARY SERVICE AND MAILING OF
NOTICE PURSUANT TO PA.R.C.P. 1037(b)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
Before me, the undersigned authority, a Notary Public in and for said County and State,
Personally appeared Gregg L. Morris, Attorney for and authorized representative of Plaintiff, who being
duly sworn according to law, deposes and states that the Defendant(s), JASON S DIEHL, is not in the
military service of the United States of America to the best of his knowledge, information and belief and
certifies that Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1,
as evidenced by the attached copy.
GREGG L. Moms, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
PA ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY
NO. 06-6047
Plaintiff,
V.
JASON S DIEHL,
Defendant(s)
IMPORTANT NOTICE
Filed on behalf of:
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
Plaintiff
Counsel of Record for This Party:
Gregg L. Morris, Esquire
Pa I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
NO. 06-6047
Plaintiff
V.
JASON S DIEHL,
Defendant(s)
To: JASON S DIEHL
967 W TRINDLE RD LOT 21
MECHANICSBURG, PA 17055
Date of Notice: November 28, 2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PEROSONALLY 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 MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
I, GREGG L. MORRIS, attorney for Plaintiff, FORD CREDIT t/d/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:
JASON S DIEHL
967 W TRINDLE RD LOT 21
MECHANICSBURG, PA 17,0
Date: November 28, 2006 ?Fe?ix, Gr g L. atenaude & A.P.C.
Attorneys for Plaintiff
213 E. Main Street
Carnegie, PA 15106
(412) 429-7675
41
GREGG L. MoRRIs, ESQ.
PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
(412) 429-7675
FACSIMILE (412) 429-7679
PA ID#69006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY
NO. 06-6047
Plaintiff,
V.
JASON S DIEHL,
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 I.D. #69006
Patenaude & Felix, A.P.C.
213 East Main Street
Carnegie, PA 15106
(412) 429-7675
^T
_ TE,f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
FORD CREDIT t/d/b/a FORD MOTOR
CREDIT COMPANY,
NO. 06-6047
Plaintiff
V.
JASON S DIEHL,
Defendant(s)
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: ( ) Plaintiff ( X ) Defendant ( ) Garnishee ( ) Additional Defendant
You are he by notified that the following Order, Decree, or Judgment has been entered
against you on ?? /&I oZDG(6,
( ) Decree Nisi in Equity
( ) Final Decree in Equity
( X) Judgment of ( ) Confession ( ) Verdict ( ) Court Order
( X) Default ( ) Non-suit
( ) Non-Pros ( ) Arbitration Award
( X) Judgment in the amount of $5,168.48, plus cost.
( ) District Justice Transcript of Judgment in the amount of $ ,
plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle operator's 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, PA 15106
(412) 429-7675
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06047 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD CREDIT TDBA FORD MOTOR CR
VS
DIEHL JASON S
TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
DTEHL JASON S
was served upon
the
DEFENDANT , at 2046:00 HOURS, on the 7th day of November-, 2006
at 967 W TRINDLE ROAD
LOT 21
MECHANICSBURG, PA 17055
TT enTT C nTVUT.
by handing to
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 18.0
17.660
Affidavit .00
Surcharge 10.00 R. Thomas Kline
nn
45.916_/ 11/08/2006
PATENAUDE & FELIX ?.
Sworn and Subscibed to By:
before me this day Deputy She iff
of , A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06047 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FORD CREDIT TDBA FORD MOTOR CR
VS
DIEHL JASON S
TIMOTHY REITZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DIEHL JASON S the
DEFENDANT , at 2046:00 HOURS, on the 7th day of November_, 2006
at 967 W TRINDLE ROAD LOT 21
MECHANICSBURG, PA 17055 by handing to
JASON S DIEHL
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 1.60 00,
Service 177.60
Affidavit .00
Surcharge 10.00 R. Thomas Kline
nn
45.6.0,/ 11/08/2006
PATENAUDE & FELIX
Sworn and Subscibed to By: /
before me this day Deputy She iff
of A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
T/D/B/A FORD MOTOR CREDIT COMPANY
Plaintiff
V.
JASON S DIEHL
BANK OF LANDISBURG
Defendant(s)
Garnishee
NO. 06-6047
PRAECIPE FOR WRIT OF
EXECUTION
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_134 Prcp Writ of Exe P&F File No. 2800.4439
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
T/D/B/A FORD MOTOR CREDIT COMPANY
JASON S DIEHL
Plaintiff
Defendant(s)
BANK OF LANDISBURG
To The Prothonotary:
Garnishee
NO. 06-6047
PRAECIPE FOR WRIT OF EXECUTION
Issue writ of execution in.the above matter,
see ?e
(1) directed to the Sheriff of C?-tLLlaud County;
(2) against, JASON S'DIEHL Def ndant(s)-
414 W .THrOte PA I Lot& 1, kech PA 1ZOSS
(3) against, BANK,OF LANDISBURG, Garnishee;
51,15 SQrtn? Rd , sherwA%S uA,a, PA
(4) and index this writ
(a) against, Defendant(s) JASON S DIEHL, Defendant(s); and
(b) against, BANK OF LANDISBURG, Garnishee;
as a lis pendens against real property of the Defendant(s) in the name of the garnishee as follows ate
(5) Amount due ?? fib, IloB•4$ * b??ra Ig?
Interest from December 14, 2006 ba
At 5.00 % per annum $777.43
(Costs to be added) $A ,
PA_134 Prcp Writ of Exe
P&F File No. 2800.4439
lot
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` WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-6047 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF PERRY COUNTY:
To satisfy the debt, interest and costs due T/DB/A FORD MOTOR CREDIT COMPANY,
Plaintiff (s)
From JASON S. DIEHL, 967 West Trindle Road, Lot 21, Mechanicsburg, PA 17055
(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:
BANK OF LANDISBURG, 5125 Spring Road, Shermans Dale, PA 17090- 8319
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 $5,168.48 L.L. $30
Interest from 12/14/06 at 5.00% per annum - $777.43
Atty's Comm % Due Prothy $2.00
Atty Paid $137.10 Other Costs to be added
Plaintiff Paid
Date: 09/28/07
(Seal)
REQUESTING PARTY:
Name GREGG L MORRIS, ESQUIRE
Address: PATENAUDE & FELIX, A.P.C.
213 E. MAIN STREET
CARNEGIE, PA 15106
Attorney for: PLAINTIFF
Telephone: 412429-7675
du.qtz' e. co?nq
Curtis R. Long, Prothonota
By: ?•
40S Deputy
Supreme Court ID No. 69006