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HomeMy WebLinkAbout06-6615ARBITRATION 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. DON S DRAKE 1059 Allendale Road Apt E Mechanicsburg, Pa 17055 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. 01. - "Ix ` 0"'., CIVIL ACTION COMPLAINT AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de ptazo at partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de so persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Adernas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dincro o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LLEVE ESTA DEMANDA A UN ABOGADO[MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 (717) 249-3166 MAURICE & NEEDLEMAN, P.C. BY: Joann Needleman, Esq. Identification No. 74276 Thomas R. Dominczyk, Esq. Identification No. 85248 935 One Penn Center 1617 John F. Kennedy Blvd Philadelphia, PA 19103 (215) 789-7151 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. DON S DRAKE 1059 Allendale Road Apt E Mechanicsburg, Pa 17055 CUMBERLAND COUNTY COURT OF COMMON PLEAS Case No. Defendant(s). 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, Don S Drake, is an individual who resides at 1059 Allendale Road Apt E Mechanicsburg, Pa 17055. 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 May 5, 2004, the Defendant(s) entered into a written Motor Vehicle Retail Installment Contract, (hereinafter referred to as the "Contract"), for the purpose of obtaining financing in the amount of $18,156.00 at an annual percentage rate of 1.900%, in order to purchase a certain motor vehicle, 2004 Ford Focus 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 $317.44 for a period of 60 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 December 2, 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 $9100.00, however a balance of $4310.13 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 $37.92 and which will continue to accrue. 11. The total amount due and owing at the time of the filing of this complaint is $4348.05. WHEREFORE, Plaintiff, requests judgment in its favor and against the Defendant(s), in the amount of $4348.05, well as any additional interest and costs that may accrue and such other and further relief as this Court may deem equitable and just. Respectfully submitted, MAURICE & NEEDLEMAN, P.C. Plaintiff UIRE VERIFICATION I, JOANN NEEDLEMAN, 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 DATED: November 13, 2006 IEBRASKA SIMPLE INTEREST VEHICLE RETAIL INSTALMENT CONTRACT DATEUb nAl [UU4 Buyer (and Co-Buyer) Name and Address (Including County and Zip Code) CREDITOR (Sella Name and Address) ON S DRAKE JEFF SCHRIEk FORD, INC- 1912 AMERADO BLVD NA316 9203 S 146TH SIP,EET ELLEVUE, SARPY, NE 68123 OMAHA, NE 68138 You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. The cash price is shown below as "Cash Price." The credit price is shown below as "Total Sale Price." By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. NEW D4 FORD FOCU N/A .N/A FAFP38ZX4W137076 N/A r VEHICLE INSURANCE MAY BE OBTAINED FROM A PERSON OF YOUR CHOICE. INSURANCE DOES NOT COVER PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. CREDIT LIFE, CREDIT DISABILITY AND OTHER OPTIONAL INSURANCE ARE NOT REQUIRED TO OBTAIN CREDIT AND WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE PREMIUM. ? Personal ? Agricultural ? Commercial Year and Make Gross Allows ITEMIZATION OF AMOUNT FINANCED 17639 00 1. Cash Price ................................. . (1) 2. Down Payment N / A Third Party Rebate Assigned To Creditor .............. ............... $ NIA Cash Down Payment ................................................... P t d ...............It $ N/A aymen ue Deferred Down Trade-in (description above) .................................... $ *N/A Down Payment ...................................................................... $ (2) - 3. Unpaid Balance of Cash Price If minus 2) ............. ..................... $ (3) 4. Amounts paid on your behalf (Seller may be retaining a portion of these amounts) To Public Officials (f) for ficenM tM & registration UU fees $ (ii) for filing fees $7.00 Ill) for taxes (not in Cash Price) $N/A $ 17.00 To Insurance Companies for: N/A Credit Life Insurance ............................................... I .......................... $ $1 7K nsurance .............................................................. Credit Disability BALBOA GAP... no.E.u.1.4.h ....................... 600 00 _ I To for - - To forty/A Ii A $ - f $ or To S N/A To for Total .......................... ...... $ E 1 I -00 (4) T8T S. Amount Financed (3 plus 4) .......................................... ..... $ (5) FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Total Sale PERCENTAGE CHARGE Financed Payments Price RATE The dollar amount the credit will The amount of credit provided The amount you will have The total 00611 of your purchase The cost of your cost you to you or on paid when You have made ell on credit, including your credit as a yearly rate behalf your scheduled downpaymenl payments of N/ 890.40 1 B 166.00 .19046.40 " I gn46 4n X ? Number of Amount of Each When Payments are due Payment Schedule - Payments Payment Your payment whaduill 69 $ 317.44 monthly starting will be: 1 final $ 32T41F- 04 JUN 04 Prepayment: if you pay off your debt early, you will not nave to pay a penarry. Late Payment: You must pay a late charge on the portion of each ayment received more i than 15 days late. The charge is 5 percerntof the late amount or SZS. whi.=r is Iess. Security Interest: You are giving a security interest in the vehicle being purchased. Contract Please see this contract for additional information on security interest, non payment, default, the r. ht to require repayment of your debt in full before the scheduled date, and prepayment penglry. COMERCIAL OR AGRICULTURAL USE CONTRACTS: The charge strewn in the above bolt for late payment is applicable to personal,, family, or household use oomracts only. If ycu purchased the vehicle cam mwAW or agricultural use, you must pay a late charge on tine portion of each pa t r 15 days late of 5 percent of the late amount or $50.00, whidrever' Any change In in writing and s19 by you and the Creditor. BUYER; CO-BUYER: NOTICE TO THE BUYER Do not sign this contract before you read It or If It contains any blank spaces. You are entifted to an exact copy of the contract you sign. Buyer ack (rs a true and completely filled In copy of this contract at the time slgnin Buyer 5)Buyer Sighe By signing below, the Seaar accepts this contract. If no other Assignee lanamed in a separate assignment attached to this contract, the Sella inns It to Ford Motor Credit Com ? Credit Lift /A Insurer O./A N/A Premium Insured(s) Credit ? Disabllltyll/A Insurer #/A N/A Premium Insured Signature ? GAP 60 Type of Insurance Terra EASY CA s y-00 1 rer emium Signature Credit Ufa and Credit Disability insurance are for the term of the contract. The amount and coverages are shown M a notice or sgronnent given to you on this date. You we required to Insure the vehicle. If a charge Is shown below, the Creditor will try to buy the coverages checked for the term shown. Coverages will be based an the cash value of the vehicle at time of loss, but not more than the limits of the policy. ? Comprehensive ? f/A Deductible Collision ? Fire- Theft-Combined Additional Coverage ? Towing and Labor ? Tenn Months (Estimate) Premium $ N /A PLEASE CALL US AT 1.800.727-7000 00-001 my No' " u"M - SEE BACK FOR A ORIGINAL ADDITIONAL AGREEMENTS A. Payments: You must make all 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 will depend on your payment patterns. The actual finance charge may exceed the disclosed Finance Charge if! you make your payments later than the scheduled dales or in less than the scheduled amount. Your payment will be applied first to the earned and unpaid part of the Finance Charge and then to the unpaid Amount Financed. The Finance Charge is earned by applying the Annual Percentage Rate to the unpaid Amount Financed for the actual time that the unpaid Amount Financed is outstanding. 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 information on your credit application relating io this contract; or 3. Your vehicle is seized by any local, state, or federal authority and is not promptly and unconditionally returned to you; or 4. You file a bankruptcy petition or one is filed against you: or 5. You do not keep any other promise in this contract. S. 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 lake 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 claims 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 ofia 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 Creditor against loss or damage to the vehicle. The type and amount of insurance must be approved by the Creditor. If the Creditor obtains a refund on insurance or service contracts, the Creditor will subtract the refund Irom 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 storm on the front, the Creditor will try to buy the coverages checked for the term shown. The Creditor is not liable, though, 0 he cannot do so. If these coverages cod more than the amount shown for insurance, the Creditor may bury them'for a shorter term or he may give you credit for the amount shown. If he cannot buy 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 each payment received more than fifteen days late. The charge is shown on the front. You must also pay any cost paid by the Creditor to collect any late payment, as allowed by law. Acceptance of a late payment or late charge does not excuse your default or mean that you can keep making payments after they are due. The Creditor may take the steps set forth H there is any default. It you do not cure a default where allowed by law, 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 repos- sessed 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 0 or agrees to sell it. If you do not redeem the vehicle, it will be sold. The money from the sale, less the allowed expenses, will be used to pay the amount still owed on this contract. Allowed expenses are those paid as a direct result of having to retake the vehicle, hold it, prepare it for sale, and sell H. Lawyer's fees and legal costs permitted by law are allowed, too. If there is any money left (a surplus), it will be paid to you. If the money from the sale is not enough to pay off this contract and costs, you wAl pay what is still owed 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. i G. Generaf: To contact Ford Motor Credit Company about this account, call 1-(800) 727-7000. The law of Nebraska applies to this contract. It that law does not allow all the agreements in this contract, the ones that are not allowed will be void. The rest of this contract will still be good. FTC NOTICES 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. 'Does not apply U purchased for commercial or agricultural use. In that eau you (debtor) will not aseeA against any assignee or subsequent: holder of this Contract any claims, defenses, or 611111-Ofte which you may hew against the Seller or manufacturer of the vehicle., 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 0 the Buyer fails to pay any money that is owed on this oontrad, each one who signs as a guarantor will pay it when asked. Each person who aligns below agrees that he will be liable for the whole amount owed even if 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 FC anon Om 00 [PM-e rasemr may Nor in uno "'PRN"' Ford Motor Credit Company P.O. Box 152271 IRVING. TX 75015-2271 (877)898-7256 Pl/4HL4002=13 DONS. DRAKE LOT 73 398 KINGS HWY MARYSVILLE PA 17053 Date of Repossession 0331-2006 Date of Notice Date of Contract 0401.2006 05-05.2004 Account Number: 036944955 Buyer DON S. DRAKE Cobuyer DESCRIPTION OF PROPERTY Year 2004 Make FORD Q New ? Used Vehicle Identification Number: 1FAFP36ZX4W137076 Model FOCUS Body 4DR NOTICE OF OUR PLAN TO SELL PROPERTY We have your property described above because you broke promises in our agreement. 0 PRIVATE SALE: We will aell the property described above at private sale sometime after 15 days from the Date of Notice shown above unless redeemed by you prior to such sale. ? PUBLIC SALE We will sell the property described above at public sale to the highest bidder on the date below (or any adjournment date). The safe will be held as follows: Date of Sale Time of Sak 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. 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 oobuyer named above; 2) Any dealer/original creditor named below; 3) If there are other people, they are named on an attachment sent with this notice. The property is presently stored at: NATIONAL AUTO DEALERS EXCHANGE T HOW TO GET YOUR PROPOWC11111*11=1 To get your property back, pay us this amount by certified check or money order before the vehicle is sold. Unpaid Balance $ 13,011.38 Plus Costs: Pepo Expenses $ a Plus Late Charges $ 57.19 Less Finance Charge Rebate $ Less Insurance Premium Rebate $ TOTAL $ 13,06656 (Plus expenses incurred 6 default at the time of repossession exceeded 15 days and less rebate received after the date of this notice.) Your properly wont be add until 16 days after the date of thin notice at the EARLIEST. After that you can still gal lt back any time before lt'a actually add. If you do, well have no hatter claim on ft. But the longer you wait. the more casts (including repairs) you may have to pay. If you have any questions about this, please call us. ? The property has been (or will be) returned to: (dealsdoriginal creditor) Under our agreement with your dealer/kxigind creditor, fie dealer/original creditor Is to sell the properly and pay you any money left over. If you owe money after the sale. you will pay it to the deaNr/orlgYwl creditor. ? PERSONAL PROPERTY: Any personal property found in the vehicle may be reclaimed by you within the nerd 60 days or, in accordance with dale law, by contacting this office. Thereafter, fire personal property shell be disposed of acoordingly. ? Creditor has assigned to its qualified intermediary (01 Exchange, LLC) its rights (but not its obligations) with respect to the sale of each vehicle listed above PAYMENTS: All payments to us must be by certifled cheek or money order. MILEAGE DISCLOSURE: If you are were that the mileage reflected on the vehicle's odometer is net accurate for any reason, please contact us so that we can accurately report the vehicle's mileage. INSURANCE RIGHTS: If you don't went to gal your property back, call the insurance company or the dmler/origktd creditor to make surethat any insurance has been cancelled. You have a right to gal credit for all premium refunds. LAURIE WARD-SELL FFNk 1100657 Jan 02 P-1- Whims rosy NOT b. .Id CUSTOMERICUSTOMER FILE Pdnt.d in U.sA. Name and Address of Sender Check type of mail or servlow Lason 0 arso o? Donry MWwjom) 38120 Amrheln o DW-Cenlw-d- O R*Wm Ftwe* for MWChenE,ss Livonia, MI 48150 O1nDgx?p Mae 0e,enaton Censn wn At" F wdw -o ns owft avat (NMet a 7FCb4) M.1" U0331/40569388 ------- - BP-M705288 7005 2570 0000 9962 5087 GREG R. REED 307 LOCUST 9T TURTLECREEK PA 15145 - --- U0331/20589387 7005 2570 0000 996a 5094 DD-034051515 KATHLEEN M. ROTAN `-- - - i 139 LAMPHERE RD - MYSTIC CT 083557324 ------ c°`? `!='59365 7005 2570 0000 9962 5100 N-038944955 - - DONS. DRAKE E LOT 73 -- 398 KINGS HWY -- - MARYSVILLE PA 17053 -`- 7005 2570 0000 9962 3117 1 U0331/20559389 - f MA-M6641673 RICHARD A. STOUGH SR 3251 E PHEASANT OR ,_? •_ DOVER PA 17315 . Y er N w bar d UMd Pletee TaW Okenbsr e(P4ass FaaYnsfgr. Psr (!Isms d ndMNp snmroyn) I by Saider Rem etFastofte I ':si• is : Affix Sump Here orfor es oepraw d oo bm Ap R 012006 r?nb.rW ? a Fw AUYeI VeWs Ineure0 Due SerMer 9 Cbsps a ReeNNretl Valus a COD DC SC SH RD RR Fes FM Fee FM F« 05 2570 00 00 `1962 5124 l U0331/20569390 70 P-028428863 KRISTY KIUPELIS S75W35584 WILTON RD EAGLE WI 53119-1309 7005 2570 00 00 9962 5131 - U0331?2G569391 P-039325237 ROSEMARY MORALES - PO BOX 7369 STEELTON PA 17113-0369 t r U0331/20569392 BA-033897147 5 2570 0 - 000 9962 5146 y 700 LEON MORTON III 5334 OAKLAND ST. - PHILA PA 19124 € '? OBC I FORD MOTOR CREDIT COMPANY P. 0. BOX 152271 IRVING. TX 75015 DATE: May 24. 2006 DON S. DRAKE 398 KINGS HWY LOT 73 MARYSVILLE, PA 17053 STATEMENT OF SALE Account Number: 36944955 • EN The following property has been sold. Year Make Model Vehicle Identification Number: 2004 FORD FOCUS 1FAFP38ZX4W137076 Balance owing on your contract (1) $ 13,068.56 Deduct: Finance Charge Rebate (2) g 0.00 Balance less Finance Charge Rebate (1 - 2) (3) $ 13,068.56 Deduct: gross proceeds of the sale (4) S 91100.00 Balance less gross proceeds of the sale (3 - 4) (5) $ 3,968.56 Add: Expenses of retaking and storing, and (6) $ 515.00 any attorneys' fees allowed by law, and expenses of reconditioning and selling. Deduct: Insurance Premium Rebate (g) $ 309.43 Other: 4310.13 Deficiency" (10) $ 0.00 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 P. 0. BOX 55000 MESA, AZ 85216.6508 DEPT. 1194-01 MI 48255-1941 DETROIT (800)732.2264 , FFNA:1990 01104 Prnious editions may NOT be used. - 1V vt 7 TI mr; -43 )ham 0 e ' SHERIFFS RETURN - NOT SERVED CASE NO: 2006-06615 P COMMONWEALTH OF PENNSYLVANIA COUNTY 0:1 CUMBERLAND FORD MOTOR CREDIT COMPANY VS DRAKE DON S R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DRAKE DON S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , DRAKE DON S 1059 ALLENDALE ROAD APT E MECHANICSBURG, PA 17055 PER NEIGHBOR, DEFENDANT IS IN A COMA IN NOT SERVED , as to HOLY SPIRIT HOSPITAL. Sheriff's Costs: So an Docketing 18.00 Service 9.68 Affidavit .00 tom"' ?Tfi- mas Kline Surcharge 10.00 e iff of Cumberland County .00 37.68 URICE & NEEDLEMAN 20/2006 1// Sworn and Subscribed to before me this day of , A. D. Curtis R. Long Prothonotary Office of the Protbonotarp (fumbertanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e)(o -LL Lt; CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573