Statutory exemption granted in vehicle contract litigation

By Nicholas Malfitano | Apr 22, 2016

TD Bank  

PHILADELPHIA – A Philadelphia judge has granted a $300 statutory exemption to defendants in a motor vehicle breach of contract lawsuit.

After defendant Theodore Fowlkes filed a miscellaneous motion for exemption on March 28 in the amount of $300, Philadelphia County Court of Common Pleas Judge Linda Carpenter announced Wednesday the exemption had been granted.

The complaint alleges TD Auto Finance in Jacksonville, Fla. held a motor vehicle contract for a 2007 Chrysler automobile, where Theodore and Nadine Fowlkes agreed to make payments on the vehicle.

According to the plaintiff, the defendants are currently in default of the agreement at an amount of $11,158.17. As this alleged default constitutes a breach of contract, the plaintiff argues it is entitled to and seeks that same amount, plus interest from the time of judgment at the legal rate of 6 percent, in addition to costs of suit.

In addition to the exemption for $300, the motion Fowlkes filed also requested the setting aside of all personal and household items from garnishment.

The plaintiff is represented by Michael J. Dougherty of Weltman Weinberg & Reis, in Philadelphia.

Philadelphia County Court of Common Pleas case 121003244

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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