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HomeMy WebLinkAbout07-1935LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Alysa Talarico, Esquire Identification No. 84512 Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorneys for Plaintiff, GMAC GMAC 5700 Crooks Road, Suite 304 Troy, MI 48098 v. TAxA R. Hox~v 106 Neil Road Shippensburg, PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CST - 1 ~~ e,~,~`r£~,, 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 maybe 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 A 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 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 1-800-990-9108 or (717) 249-3166 LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Alysa Talarico, Esquire Identification No. 84512 Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorneys for Plaintiff, GMAC GMAC . 5700 Crooks Road, Suite 304 Troy, MI 48098 . v. . TA1tA R. HORty , 106 Neil Road . Shippensburg, PA 17257 . COURT OF COMMON PLEAS CUMBERLAND COUNTY No. (~~' - C4 3s ~,~:c~-~.., CIVIL ACTION COMPLAINT Plaintiff, GMAC, by and through its attorneys, Lavin, O'Neil, Ricci, Cedrone & DiSipio, by way of Complaint against defendant, Tara R. Horn, avers the following: 1. Plaintiff, GMAC, (herein referred to as "Plaintiff') an entity organized under the laws of Delaware, and registered to do business in the Commonwealth of Pennsylvania and which, for purposes of this action only, conducts business at 5700 Crooks Road -Suite 304, Troy, MI 48098. 2. Upon information and belief, defendant, Tara R. Horn (the "Defendant"), is an adult individual residing at 106 Neil Road, Shippensburg, PA 17257. 3. Venue is appropriate in this Court pursuant to Pa. R. C. P. 1006. 4. On or about September 18, 2003, the Defendant executed and delivered to H & H Chevrolet-Oldsmobile-Pontiac-Cadillac (the "Dealer"), a Retail Installment Contract (the "Contract") providing for the purchase of a 2003 Pontiac Sunfire, VIN # 1G2JB12F337352639 (the "Vehicle"). A true and correct copy of the Contract is attached hereto and incorporated herein as Exhibit "A." 5. The Dealer assigned the Contract to GMAC and the Defendant became obligated to GMAC under the terms of the Contract. 6. The Contract granted GMAC a security interest in the Vehicle which was perfected by being duly endorsed upon the Vehicle's Certificate of Title (the "Title"). A true and correct copy of the Title is attached hereto and incorporated herein as Exhibit "B." 7. Pursuant to the terms of the Contract, the Defendant agreed to remit to GMAC monthly installment payments totaling $19,137.00 to be paid in sixty (60) consecutive monthly installment payments in the amount of $318.95 each, with the first installment due on October 18, 2003. 8. The Defendant is in default under the terms of the Contract due to her failure to remit regularly monthly payments to GMAC when such payments were due. 9. On or about October 10, 2005, GMAC exercised its rights as secured creditor and repossessed the Vehicle. 10. On or about October 12, 2005, GMAC served the Defendant with notice of its intention to sell the Vehicle at private sale by mailing notice of sale, postage pre-paid, to the Defendant's last known address via regular and certified mail (the "Notice"). A true and correct copy of the Notice is attached hereto and incorporated herein as Exhibit "C." 11. The Vehicle was sold at private sale on December 9, 2005 for $7,100.00 which sum was credited to the Defendant's account, less repossession and sale expenses as permitted by the Contract. -2- 12. After adding: (i) repossession and transportation charges in the amount of $555.00; (ii) selling costs in the amount of $81.50; (iii) storage & reconditioning in the amount of $188.97; and (iv) title and registration fees in the amount of $59.00, as permitted by the Contract, a balance of $5,803.06 remains due and owing. A copy of the Repossession Accounting Statement sent to the Defendant is attached hereto and incorporated herein as Exhibit ..D ~~ 13. fees. 14. the Contract. The Contract permits GMAC to recover costs of suit plus reasonable attorney's GMAC claims pre judgment interest at "the highest lawful rate" as permitted by WHEREFORE, Plaintiff, GMAC, demands judgment against the Defendant, Tara R. Horn, in the sum of $5,803.06, plus attorneys fees, costs, interest and such other and further relief as this Court deems just and proper. LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Alysa T aric ,Esquire Attorne s for laintiff, GMAC DATED: ~~ -3- VERIFICATION I, Rebecca Avery, hereby state: (1) I am a duly authorized representative of Plaintiff, GMAC, in this action; (2) I verify that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information and belief; and (3) I understand that the statements in said Civil Action Complaint are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Rebecca Avery ~-~fornc,v~ ~oc-i4 ~~m; ~ S ~~ TITLE Sworn to and Subscribed Before Me This ~~ Day of~c~J 2m~}e-~ 2006. Notary Public 991042v1 ~%• KARABAN Notary Public, Oakland County, MI Acting in Oakland County, MI My Commission Expires Nov. 22, 2012 ~- RETAIL INSTALMENT SALE CONTRACT Dealer Number Contract Number ~ ~, ~ ~O ~ 3 B~~~ (and Cp-Byer) -Name and address (include county and zip code) Creditor (Seller name and address) A K tfU IV H & H Chev-Olds-Pont-Cadi 50 LENWOOD PK SHIPPENSBURG PA 17257 730 East King St. Sh1DDenshr~ra PA 1 You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay us, the Creditor, the Amount Financed and Finance Charge according to the payment schedule shown below. New or Used Year Make and Model Vehicle Identification No. Primary Use for Which Purchased NEW 2 03 Pontiac SUNFIRE 1G2JB12F337352639 ~j(Personal,family,orhousehold ^agricultural ^ business ^ rourcraoe-m is a: Year Make "'""''"" Model ovnrtr<c ~t: FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Payments Total Sele Price PERCENTAGE CHARGE Financed The amount you ~` The total cost of RATE The dollar The amount of will have paid after your purchase on The cost of your amount the credit provided to you have made all credit, including credit as a yearly credit will cost you or on your payments as your downpa ment 7 r~t5 y8u2 1 ~s f °~ s338 0 $ 15748.80 19137 00 21520 00 s ° $ . Your Payment Schedule WIII Be: . Number of Payments Amount of Payments When Payments Are Due Or as Follows • Monthly beginning 10/18/2003 Late Charge. If a payment is not received in full within 10 days after it is due, you will pay a late charge. If the vehicle is a heavy commercial motor vehicle, the charge will be 4% of the part of the payment that is late. If the vehicle is off-highway business or farm equipment, the charge will be 5% of the part of the payment that is late. Otherwise, the charge will be 2% per month of the part of the payment that is late, figured based on a full calendar month for any part of a month that is more than 10 days late. Prepayment. If you pay off all your debt early, you may be entitled to a refund of part of the finance charge. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date, prepayment refunds and security interest. ITEMIZATION OF AMOUNT FINANCED 1 Cash price (including any accessories, services, and taxes) $17987.30 (1) 2 Total downpayment = If ne ative enter '0" and see line 4H below) Gross trade-in $ 4DZ -payoff by seller $ 6890.00 = net trade-in $ + cash $ 248.00 + other (describe) $ 4500 00 $ 23$3.00 (2) 3 Unpaid balance of cash price (1 minus 2) ~ 5604.30 (3) 4 Other charges including amounts paid to others on your behalf (Seller may keep part of these amounts.): A Cost of optional credit insurance paid to the insurance company or companies t.ife Term $ N • ~1. Disability Tern, $ N . A . $ N : A _ B Other insurance paid to the insurance company (describe) N. A. Tern, N A $ N_ A C Official fees paid to government agencies $ N • A D Goverment taxes not included in cash price $ 5.00 E Government license and/or registration fees $rid,~7 F Government certificate of title fees (includes ~j , 00 security interest recording fee) $ 9 7 50 G Other charges (Seller must identify who is paid and describe purpose.) to for $ N A H&Nb CHEV DOC FE~f~ONLIN R $ 57 _63 to for $ N . A . to for $ N , A . to for _ $ N . A Insurance. You may buy the physical damage insurance this contract requires (see back) from anyone you choosy who is acceptable to us. You are not required to buy an other insurance to obtain credit. Your decision to buy o not buy other insurance will not be a factor in the credi approval process. If any. insurance is checked below, policies or certificate: from the named insurance companies will describe thi terms and conditions. Check the insurance you want and sign below: Optional Credit Insurance. ^ Credit Life: ^ Buyer ^ Co-Buyer ^ Credit Disability (Buyer Only) Premium: Credit Life $ N A Credit Disability $ N • n . `'(insurance Company) (Home Office Address ) Credit life insurance and credit disability insurance are not required to obtain credit. Your decision tc buy or not buy credit life insurance and credit disability insurance wiN not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. Credit life insurance and credit disability insurance are for the term of this contract unless a different term for the insurance is shown below. Other Insurance. Type o 'sur'ance ^ Premium $ N : A . N-A ' (Insurance Company) ll A • (Home Office Address) I want the insurance checked above. X Buyer Signature Date X Co-Buyer Signature Date ITEMIZATION OF AMOUNT FINANCED 1 Cash price (including any accessories, services, and taxes) X17987 , 30 (t ) ' 2 Total down a ment = If ne alive enter '0' and see line 4H below Gross trade-in $ -payoff by seller $ 6890.00 = net trade-in $ + cash $ 248.00 + other (describe) $ 4500 00 $ 2383.00 (2) 3 Unpaid balance of cash price (1 minus 2) ~ 5604 30 (3) . 4 Other charges including amounts paid to others on your behalf (Seller may keep part of these amounts.): A Cost of optional credit insurance paid to the insurance company or companies Life Term $ N . A . DisabAity .Term $ N . A . $ _ N . A _ B Other insurance paid to the insurance company (describe) N. A rem, N A $ N A C Offiaal fees paid to government agencies $__N A . D Goverrtiment taxes not included in cash price $ 5 - 00 E Government Ncense and/or registration fees $ ~,d ~7 F Government certificate of title fees (includes ~j , 00 security interest recording fee) $ 9 ~ , 50 G Other charges (Seller must iden#ify who is paid and describe purpose.) to for $ ~ A H&Nb CHEV DOC FEC~f10N IN R G $ .ri7 63 to for $ N , A , to for $ _ N . A . to for $ N _ A to for $ N _ A _ H Nettrade-inpayoff to $-N A. Total other charges and amounts paid to others on your behalf $ t dd 5Q (4) 5 Amount financed (3 + 4) "'" "-- 6Finance char a 1~i7df~ ~ AQ (5) 7 Total of payments -time balance (5+6) ~~~' 2Q'- ~ ) 1 t ~~ .00 Seller •• s~~ ~~ ~~~~ meet your contractual obligations, you may lose-your molar vehicle. HOW THIS CONTRAC CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to the contract must be in wri ' g and we mu n 't No oral changes are birxiing: Buyer Signs X ./ Co-Buyer Signs X If any part of this contract is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them. For example, we may extend the time for making some payments without extending the time for making others. See back for other important agreements. Do not sign this contract on a Sunday. Notice to Buyer. po spot si ~ Y is co9trla~t ht b nk. You: are entitled to an exact copy of the contract you sign. Keep it to rot t ur le a r h Buyer Signs X a Co-Buyer Signs X Date Co-Bryers sled OlMsr Owners - A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. The co-buyer or other owner knows that we have a security interest in the vehicle and consents to the security interest. Other owner signs here X Date Address CreditorSigns X ~ f~ ~ p~~~~n0; ByX Title ~/''L You agree t the tell•m$ f this contrapt. Y~u cgnfirm tt~t befog , ou si ned this c ntract, we ve it t p anc~ u welre ~ree t take:. ~t an .review rt. ou con~il~m tha~ you rece~ved a com~~etely f~l~cpir~ copy en yo i do it. Buyer Signs X ~ Dai~9 1 Co-Buyer Signs X Date Seller assigns its interest in this contract to General Motors Acceptance Corporation (GMAC) under the terms of the GMAC Retail Pian agreement. with recourse I Seller By Title 2109 PA 8/2003 (For Use in the State of Pennsylvania) (1 of 4) Notice: See Other Side Copyright 2001 General Motors Acceptance Corporation. All Rights Reserved. (Home Office Address ) Credit life insurance and credit disability .insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. Credit life insurance and credit disability insurance are for the term of this contract unless a different tens for the insurance is shown below. Otherlnsurance. Type o risur'ance Premium $ _ N . /~ , u e (Insurance Company) (Home Office Address) i want the insurance checked above. X Buyer Signature Date X Co-Buyer Signature Date ANY INSURANCE REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. recourse or ORIGINAL ~~~~~~~: f'f1MMfll\I{AICAI Tu ~c nru-~nve :...... ,., CERTIFICATE OF TITLE FOR A VEHICLE ~~ X861 0 32673400004635-1;301 1G2J612F337352639 VEHICLE f ~ 2003 PONTIAC ~ 59455173,201 HQ DEN TIFICATION NUMBER 1 EAR ( xrcrE !u .FNI~tE ~ TIME r+UaBFH CP BODY TYPE (`'~ DUP ~ SEAT CAS ~ Pg Oq 7 T s ~ 9/c4/03~ OD03341 ~? i ~ LE tA7E ObiAl PROfn pATE lCCaa MILES ~ Gl"11.1 STATU S '}I ~)~}. ~~~~ ~ I 4 ~~~ ~~~ C T"L`O FI j I UNLADEN WEIGHT I GVWp GCWR ~ TITLE BRANDS • F ~~ REGISTERED OWNER{S) ~~y~lT. ` l,f Pr}ts. ~~ TARA k t1URN ~~~..,-. ,..,r,.,,r.,F,r,,, . :I.,r.,,rQ?~, 50 4ENI,l000 PARK SMIPPtitJSBURG PA 17257 FIRST LIEN FAVOR OF GMAC FIRST LIEN RELEASED _ ' DATE BY AUTHORIZED REPRESENTATIVE MAILING ADORES SECOND LIEN FAVOR OF ODOMETER STATUS 0 = ACi11Al MILEAGE ~' 1 =MILEAGE E%CEEDS THE MECHANICAL LILYTS 2 . MOT THE ACTUAL MLEAGE 3 =NOT TN£ ACTVAL MLEAGE ODO*AE"!ER TAMPERING VERIFIED a -EXEMPT FipM ODOMETER DISCLOSURE TITLE aRANp$ A = ANTIDUE VEHICLE C . CUSSK: VEHICLE D - COLLECTIBLE VEHtG.E F _ OUT OF COUNTRY G - ORJGINALLY MT{.D Epq NOKU S pSTP1eUTaJN R =AGRICULTURAL VEkICLE L =LOGGING VEHICLE P . 1$lWAS A POLICE VEHICLE R =RECONSTRUCTED 5 =STREET ROD T RECOVERED THEFT VEHICLE v =VEHICLE LONTMNS REISSVED VIN W = iICOD YEWCLE x =. ISAYAS A TA%1 H e Second Mertholder ~s bslea upon aaUeleciim bt Itro M1rst Yen. Ifte hel lamhalder must brwartl Ihle Tnle tc the BVreau of Moior Verdes wth the epproprieb tam antl lee SECOND LIEN RELEASED DATE EY AUTHORIZED REPRESENTATIVE GMAC P O tiox 814Q GUCKEYSVIILE MD 21030 ~N~11 l~ /1~ V 1 m~ 'V^' W W ~• I unity as of the data of ~ewa iha oa~olal records of the PennsyNana Deparlmant of Trerspodabun .allecl that the personlsl or company rnmetl heron re eie IavMl ovnor ~ al 7M 9eitl YMYC4 BSCWBEO ANO SWORN BEFORE ME Tile wYNreyne! Iweey nuMei AVWcrra. Ia CMIMatn of Tine b !~P rMKN NKibea near a.Ned io Ina ermmcrmrA= one aloe, »aal na~~m vI mrm na. SiGNATIIRE or AwLICA~* ok AutHOnl: rD yr,RFn 5 nnT.~RL Or CO AFPrILANr III EOi-AUirrl~RitEU ~It3uta ALIEN D BIEHIER JeerHery of Treneearwlo. i~, ,V ( h a co-purchaser other than your apouae Ie Ysted and you want it1B title b be fisted as 'Joint Tenants With Right of Survrvorahip' (Ott death of one owner, title goes to survmrlg owner) CHECK HER£ O Otherwise, the tdfe wle t7e feetLed as ?enema n Canrrgn= (On desT d one owner, Nxeiest d deceased owner goes to his/her tTetrs o. estate) j 1ST LIEN DATE -• IF NO LIEN CHECK 1ST LfENHOLDER STREET j I CITY STATE LIP FINANCIAL INSTfT17T10N NUMBER 12ND LIEN DATE • IF NO LIEN CHECK J 2ND LIENHOIDERLIENHOLDER i STREET I CITY STATE Zip FINANCIAL INSTITUTION f/UMBER P.O. Box 10729 GMAC October 12 2005 Midland, TX 79702-7729 ~~~ , (877) 290-9533 TARA R HORN 1U6 NEIL RD SHIPPENSBURG,PA 17257 I~~~III~~~I~~I~I~I~I~I~~~II~I~~~I~~I~~~II~II~~II~~~~II~~~~I~II NOTICE OF OUR PLAN TO SELL PROPERTY Subject: Account Number 020-9045-01386 We have your vehicle (a 2003 PONT SUNFIRE with VIN 1 G2JB12F337352639), because you broke promises in our agreement. We will sell your vehicle at private sale sometime after October 30, 2005. A sale could include a lease. The money that we get from the sale (after paying our costs) 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. You can also get it back for less (see below). To learn the exact amount you must pay, call us at the telephone number at the top of this letter. 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 at the top of this letter or write us at the address at the top of this letter and request a written explanation. If you need more information about the sale, call us at the telephone number at the top of this letter, or write us at the address at the top of this letter. We are sending this notice to the following other people who have an interest in your vehicle or who owe money under your agreement: None #834626-00343 -2- Additional information: As of the date of this letter, you can get your vehicle back by paying the total amount indicated below (redeem). ~ Gross unpaid balance $ 13,382.85 '- Finance charge rebate - 1,450.78 Unearned insurance premium* - 0.00 Other credits - 0.00 Late charges + 43.73 Expenses (Estimated expenses of retaking and holding the vehicle + 450.00 $450.00) TOTAL $ 12,425.80 You can also get your vehicle back any time before we sell it by paying all past due payments, late charges, and expenses (reinstate). You must also provide proof of the physical damage insurance your contract requires. Then you must start making your payments again. As of the date of this letter, you must pay: Past due payments (1 of $305.90 and 2 of $318.95) $ 943.80 Late charges + 43.73 Expenses (Estimated expenses of retaking and holding the vehicle + 450.00 $450.00) TOTAL $ 1,437.53 The longer you wait to redeem or reinstate, the more you may have to pay to get your vehicle back. Only reasonable expenses may be charged. They must be the direct result of taking, storing, and selling the vehicle. We may also charge you the costs of getting it ready for sale and reasonable attorney fees, as the law permits. You must pay the amount required in certified funds. To redeem or reinstate, send your payment to GMAC at the address at the top of this letter by mail, overnight delivery service, Western Union, or MoneyGram. Send any notices regarding this matter to the same address. Your vehicle is at Manheim Auto Auction, 1190 Lancaster Rd., Manheim, PA, 17545. It will be there at least until October 30, 2005. After that, we may move it in preparation for safe. We must send you any extra money owed to you from the sale of your vehicle within a reasonable time. If you do not get the money, you may have the right to sue for it plus any penalties fixed by law. Any personal property left in your vehicle not already returned to you will be held for at least 30 days after the date of this letter. After that, we may dispose of it as the law allows. Contact us to find out how to get back personal property left in your vehicle. If you do not do what is required to get your vehicle back, we will cancel any physical damage insurance or service contract that is part of your contract. Make sure any other coverage you no longer want is canceled. Call the insurance company or the dealer to do this. You have a right to credit for any refunds. 834626-00343 -3- Contact us at the telephone number at the top of this letter for more information about getting your vehicle back. Signed, General Motors Acceptance Corporation 'kThe insurance premium rebate is for credit insurance if it was part of your contract. It is also for any limited physical damage insurance. 834626-00343 J P.O Box 7041 GMAC December 15, 2005 Troy, MI 48007-7041 ~8~) ~~ TARA R HORN 106 NEIL RD SHIPPENSBURG,PA 17257 I~~~III~~~I~~I,I~I~I~I~~~II~I~~~I~~I~~~II~II~~II~~~~II~~„111 How We Calculated Your Surplus or Deficiency Subject: Account Number 020-9045-01386 Your 2003 PONT SUNFIRE, VIN 1 G2JB12F337352639, was sold on December 9, 2005. As of the date of this letter, the amount you still owe us under the terms of your contract is $5,803.06. This amount was calculated as follows: Unpaid balance before subtracting money from sale This amount was calculated as of December 15, 2005 and reflects a rebate of unearned finance charges. See below.* Money from sale Unpaid balance minus money from sale Known expenses of taking, holding, preparing for sale, processing, and selling vehicle, attorney fees, and other legal expenses: Repossessing & transporting Storage & reconditioning Selling costs Title & registration fees Attorney fees and legal expenses the law permits Total expenses Known credits: Rebate of unearned insurance premiums Extended service contract refunds Insurance and service contract claims Total credits Deficiency/(surplus) *Amount calculated as follows: Amount you owed before finance charge rebate Less: Rebate of unearned finance charges $ 13, 426.58 - $ 1, 407.99 The amount of any deficiency/surplus shown above may change because of future additional credits, rebates, or charges. Any deficiency shown above may also change because of additional interest accruing after the date of this letter. $ 12,018.59 - 7,100.00 $ 4,918.59 $ 555.00 188.97 81.50 59.00 0.00 + 884.47 $ 0.00 0.00 0.00 - 0.00 $ 5, 803.06 #856221-00071CR -2- For more information about this transaction or to make payment arrangements, you may call us at the telephone number at the top of this letter or write us at the address at the top of this letter. Signed, General Motors Acceptance Corporation 856221-00071CR ~1 "~4 ~~ .\ pp` (~, ~~? ^`' J (/~ --- . ~ -n N V [,~ - r ~ ~ -, -r ~ i 't c-Jt 4~ LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Alysa Talarico, Esquire Identification No. 84512 Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorneys for Plaintiff GMAC COURT OF COMMON PLEAS 5700 Crooks Road CUMBERLAND COUNTY Suite 304 Troy, MI 48098 Plaintiff N0.2007-01935 v. TARA R. HORN 106 NEIL Roafl SHIPPENSBURG, PA 17257 Defendant. PRAECIPE TO ENTER DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Please enter a default judgment in favor of Plaintiff and against Defendant, Tara R. Horn (the "Defendant"), for failure to answer or otherwise respond to the Complaint. 1. The Complaint was served upon Tara R. Horn on April 17, 2007, by the Cumberland County Sheriff s Office. A copy of the Affidavit of Service is attached as Exhibit A." 2. A Notice of Intention to Take Default pursuant to Pa.R.C.P.237.1(2) was served upon Defendant, Tara R. Horn, by First Class Mail on May 9, 2007, more than ten (10) days before this Praecipe was filed. A copy of the Notice is attached hereto as Exhibit "B." 4. Assess damages as follows: Real Debt Interest from (12/ 14/05 - 5/31 /07) Attorney's fees & Costs Total DATED: S 3 ~ ~~" JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER Pa.R.C.P.236 r thonotary $5,803.06 $ 510.19 $1,749.60 $8,062.85 LAVIN, O'NEIL, RICCI, CEDRONE & DiSIPIO BY: Alys a 'co, Esquire Atto e or Plaintiff, GMAC LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Alysa Talarico, Esquire Identification No. 84512 Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 (215)627-0303 Attorneys for Plaintiff, GMAC COURT OF COMMON PLEAS 5700 Crooks Road CUMBERLAND COUNTY Suite 304 Troy, MI 48098 Plaintiff NO. 2007-01935 v. TARA R. HORN 106 NEIL Roan SHIPPENSBURG, PA 17257 Defendant. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF ADDRESSES OF THE PARTIES STATE OF MICHIGAN ss. COUNTY OF OAKLAND Dawn Robinson being duly sworn according to law, deposes and says that she is a representative of the Plaintiff; that .she is authorised to make This Affidavit on behalf of Plaintiff; that to the best of the undersigned's knowledge, the above-named Defendant resides at 106 Neil Road, Shippensburg, PA 17257; and that the Defendant, to the best of the undersigned's knowledge, is not in the Military Service of the United States, nor any State or Temtory thereof or its allies as defined in the Soldiers' and Sailors' civil Relief Act of 1940 and the amendments thereto. Affiant also certifies that the address of the Plaintiff is 5700 Crooks Road, Suite 304, Troy, MI 48098. Dawn Robinson TITLE: ~~ ~l~%u~l%/~/~~? Sworn to and Subsc/ribed Before Me This (~ ~ Day of _~~~, 2007. N Publi Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAY-25-2007 07:34:50 "~ Last Name First/Middle Begin Date Active Duty Status Service/Agency HORN Tara Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~ ~-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http;//www.defenselink.mil/fa..q/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BJLIQUSDKDL https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/25/2007 LAVIN, O'NEIL, RICCI, CEDRONE & DISIPIO BY: Alysa Talarico, Esquire Identification No. 84512 Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorneys for Plaintiff GMAC COURT OF COMMON PLEAS 5700 Crooks Road CUMBERLAND COUNTY Suite 304 Troy, MI 48098 Plaintiff v, NO. 2007-01935 TARA R. HORN 106 NEIL ROAD SHIPPENSBURG, PA 17257 Defendant. NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding because of Jud~nent by Default. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY ALYSA TALARICO AT THIS TELEPHONE NUMBER: (215) 627-0303. E x i-~ i Q ~-r ~1 SHERIFF'S RETURN - REGULAR CASE N0: 2007-01935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC VS HORN TARA JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HORN TARA R DEFENDANT the at 1940:00 HOURS, on the 17th day of April 2007 at 106 NEIL ROAD SHIPPENSBURG, PA 17257 TARA HORN was served upon by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 18.2 4 "~1~ ~~a`~ .00 ~~ 10.00 R. Thomas Kline .00 46.24 04j18/2007 LAVIN O'NEIL RICCI CEDRONE DIS By: day Dep y Sheriff A.D. LAVIN, O'NEIL, RICCI, CEDRONE 8~ DISIPIO BY: Alysa Talarico, Esquire Identification No. 84512 Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 (215) 627-0303 Attorneys for Plaintiff GMAC 5700 Crooks Road Suite 304 Troy, MI 48098 v. Plaintiff TARA R. HORN 106 NEIL ROAD SHIPPENSBURG, PA 17257 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2007-01935 NOTICE OF INTENTION TO TAKE DEFAULT TOlPARA: TARA R. HORN DATE OF NOTICE/FECHA DEL AVISO: May 9, 2007 IMPORTANT NOTICE: 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 (10) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO IMPORTANTE Usted esta en rebeldia porque ha fallado en tomaz la accion exigida de su parte en este caso. A menos de que usted actue dentro de diez dias de la fecha de este aviso, se puede registrar una sentencia contra usted, sin el beneficio de una audiencia y puede perder su propiedad o sus derechos importantes. Usted debe illevaz este aviso a un abogado enseguida. Si usted no tiene un abogado o no puede pagan por los servicios de un abogado, debe comunicazse con la siguiente oficina paza averiguaz donde puede obtener ayuda legal: CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL AND INFORMATION SERVICE 2 Liberty Avenue Cazlisle, PA 17013 (? 17) 249-3166 BY: Alysa al 'co, Esquire Atto for Plaintiff, GMAC LAVIN, O'NEIL, RICCI CEDRONE & DISIl'i0 190 N. Independence Mall West Suite 500 Philadelphia, PA 19106 (215) 627-0303 ~ xN~~~~ C LAVIN, O'NEIL, RICCI, CEDRONE 8~ DISIPIO Attorneys for Plaintiff BY: Alysa Talarico, Esquire Identification No. 84512 Suite 500 190 North Independence Mall West 6th & Race Streets Philadelphia, PA 19106 (2l5) 627-0303 GMAC COURT OF COMMON PLEAS 5700 Crooks Road CUMBERLAND COUNTY Suite 304 Troy, MI 4$098 Plaintiff v, NO. 2007-01935 TARA R. HORN 106 NEIL ROAD SHIPPENSBURG, PA 17257 Defendant. CERTIFICATION OF MAILING OF NOTICE OF INTENTION TO TAKE DEFAULT Lavin, O'Neil, Ricci, Cedrone & DiSipio, by the undersigned, hereby certifies that on May 9, 200?, the attached Notice of Intention to Take Default was sent by first class mail to: TARA R. HORN 106 Neil Road Shippensburg, PA 17257 DATED: S ~! t ~~ LAVIN, O'NEIL, RICCI, CEDRONE & DiSIPIO BY: lys larico, Esquire Atto for Plaintiff, GMAC 1038666v1 ~~ W ~` , ~. }, v2 ~t1 ~~~\~ C? _<<~= M ' C ~, } L} _. { . ~. r--o v c.~ r__ ., .~.. t GJ f`J fv ~t ~~ ;~, t: ?~ ~`~_ ~~C'~ ~~J~ -'4 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01935 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC VS HORN TARA JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,P~nnsylvania, who being duly sworn according to law, says, the within CO1!~'IPLAINT & NOTICE was served upon HORN TARA R the DEFENDANT at '..1940:00 HOURS, on the 17th day of April 2007 at 106 NEIL ROAD SHIPPENSBURG, PA 1757 by handing to TARA HORN a true and attested copy of COMPLATNT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.24 Affidavit .00 Surcharge ', 10.00 0000 .~ 46.24) ~,~oU~' Sworn and Subscibed do before me this day of , ~ , So Answers: R. Thomas Kline 04/18/2007 LAVIN O'NEIL RICCI CEDRONE DIS By: Dep y Sheriff A.D.