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Home My WebLink About99-05059 v v h I ,Q. r 5 =k n IN TIII: COORS' OF COMMON PLEAS CUMBERLAND CUUNTY, PLNNSYLVANIA GENERAL MOTORS ACCEPTANCE CORPORATION, IIIaintift v. BRANDYN MILLS, Dc Ccndant T CIVIL ACTION - COMPLAINTP L?r <V X .;t E.c ri n}:ulel fiuv: In Iris rc,IalY'? X You ere 1c'c-:;y nnL! to pl-;: t n^ I tile vOtm) Gj W. I -t 'I vl >r•r j:cr. ,n ,.leafl.:5;? cr -I tef0d agaro;l yfaf _ Jury X 07207 ARTHUR A. KUSIC ATTORNEY AT LAW 4201 CRNMS MILL ROAD P.0. Box 67015 HARRISBURG. PENNSYLVANIA 1 7 1 06 7015 (717) 540 5610 1 G? .n ri r r- 6 GENERAL MOTORS ACCEPTANCE IN THE COURT OF COMMON PLEAS CORPORATION CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW BRANDYN MILLS, [?///? Defendant NO. sos-? S{/ ?-, 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 judgment may be entered against you by the court without further notice for any money claimed in the Complaint 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 ResnectfuIiy submitted: ART - f IC, ESQUIRE 4201 Crums Mill Road Post Office sox 67015 Harrisburg, PA 17112 (717) 540-5610 SUPREME COURT NO. 07207 ATTORNEY FOR PLAINTIFF Dated: August 18, 1999 General Motors Acceptance Corporation, PIalntiff V. BRANDYN MILLS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vlente (20) dias de plazo al partir presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio qua es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL: Lawver Referral Cumberland County Court Administrators Fourth Floor, Courthouse One Courthouse Square Carlisle, PA 17112-3387 (717) 240-6200 Respectfully submitted: 4 UR A. P SIC, HIRE 4201 Crums Mill Road Post Office Box 67015 Harn sburo, PA 17112 (717) 54015610 SUPREME COURT NO. 07207 ATTORNEY FOR PLAINTIFF DatedAugust 18, 1999 GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff V. BRANDYN MILLS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW No. qg. SUS9? T COMPLAINT AND NOW comes Plaintiff by and through its attorney, Arthur A. Kusic, Esquire, and respectfully makes its complaint as follows: 1. Plaintiff, General Motors Acceptance Corporation (hereinafter "GMAC"), is a Delaware Corporation having offices throughout the United States and having a Centralized Collection Center at 4 North Park Drive, Hunt Valley, Maryland. 2. Defendant, Brandyn Mills, is an adult individual residing at 211 A North Enola Road, Enola, Cumberland County, Pennsylvania, 17025. 3. On or about November 15, 1994, Defendant entered into a Retail Installment Sale Contract (hereinafter "Contract") with Jennings Pontiac, Buick, Cadillac, Inc., a dealership located at PO Box835, Chambersburg, Franklin County, Pennsylvania, for the purchase of a new 1995 Pontiac Firebird automobile bearing the Manufacture's Serial Number 2G2FV22P382208008 (hereinafter "Vehicle"). As evidence thereof, a copy of the executed Contract is attached hereto, made a part hereof, and marked Exhibit "A". 4. At all times pertinent hereto, and pursuant to the Contract attached hereto, Plaintiff is the assignee of the aforesaid dealership. 5. Pursuant to the Contract, Defendant agreed to make sixty consecutive monthly payments to Plaintiff in the amount of $442.03 each, with the rust payment being due on December 15, 1994. 6. Pursuant to the provisions of the Contract, Defendant agreed to pay Plaintiff all sums due and owing even if the vehicle should become damaged, destroyed or missing. 7. Pursuant to the provisions of the contract, Defendant agreed to maintain physical damage insurance on the vehicle and further agreed that Plaintiff could use any insurance settlement either to repair the vehicle or to apply to Defendant's debt. 8. Plaintiff believes and therefore avers that the Defendant has defaulted in her legal obligation to Plaintiff pursuant to the Contract, by failing to make the agreed upon payments. 9. Pursuant to the provisions of the Contract, Plaintiff accelerated the balance due and gave notice to Defendant on or about November 20, 1997. As evidence thereof, a copy of said notice is attached hereto, made a part hereof, and marked Exhibit "B". 10. Plaintiff believes and therefore avers that Defendant's Insurer, on or after November 20, 1997, did remit a check to Defendant, which check was made jointly payable to Defendant and to Plaintiff as settlement of the vehicle loss. 11. After granting Defendant credit for all rebates and sums received on the account, there remains a balance due of $10,876.76. 12. Plaintiff has made demands upon the Defendant for the balance due of $10,876.76, which demands remain unheeded. 13. Pursuant to the terms of the Contract, Defendant agreed to pay reasonable attorney fees and court costs in the event that Plaintiff forwarded the matter to an attorney for collection as in the instant case. 14. Plaintiff avers that the amount due and owing does not exceed the jurisdictional amount requiring arbitration referral by local rule. WHEREFORE, Plaintiff prays your Honorable Court to enter Judgment in its favor and against Defendant in the amount of $10,876.76 plus reasonable attorney fees, interest at the legal rate of 6% per annum and the costs of this proceeding. RESPECTFULLY SUBMITTED nrcrnuxr UC, 1RE 4201 Crums MID Road Harrisburg, PA 17112 (717) 540-5610 Supreme Court Number 07207 Attorney for Plaintiff GENERAL MOTORS ACCEPTANCE : IN THE COURT OF COMMON PLEAS CORPORATION, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. BRANDYN MILLS, CIVIL ACTION - LAW NO. Defendant VERIFICATION ,(( I, lam( N s-rwr ll/ura, , the ASSISTANT SEWHITAW of GENERAL MOTORS ACCEPTANCE CORPORATION, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief and that I am authorized to make this Verification on behalf of GENERAL MOTORS ACCEPTANCE CORPORATION. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. GENERAL MOTORS ACCEPTANCE CORPORATION BY: TITLE: ASSISTANT sECREfAKT DATE: gw9 BWIBIT 'A' rGMAC 9ETAIL INSTALMENT SALE CONTRA[ U 1.1j!)8 I 1 Ku) I1 D, Number Contract Number I`!NTJI 2117 Buyer(and Cc-Buyer)-Name and Address (include County and Zip Code) Creditor (Seller Nameand Address) ' BRANDYN HILLS 210 HARVEST LANE JENNINGS PONTIAC, BUICK, CADILLAC. INC. P.O. BOX 835 You, the Buyer (and Co-Buyer, It any), may buy the vehicle described below forcash or on credit. The cash price is shown below as "Cash Price:' Thecredit price is showr 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. Description of Vehicle. You agree to buy and the Creditor agrees to sell the following vehicle: M1f Y: f!y .r d PONTIAC I I ^^^-__^^^_.A^-^_ I ?ffln el ?agrlculNral IiFY 199 PT^^^•^^ u?.u ? Iegs ? ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Paymerlta Total Salo flee The cost of yourcredit as a The dollar amount the The amount of credit pro- The amount you will have paid The total eost of your purchase yearly rate. credit will cost you. vided to you or on your after you have made as pay. on credit, including your down.. behalf. merits as scheduled. paymernol f- 4000 On Is rn ec % a I-1 c. - _ ! nt? a^=?' E _ .vfe+T. an err. Your Payment Schedule Will Be: Numbe?o4Peyrrhents ..44moun1 ollta menu ^ Y t; z . • WOen gayrrlpnfS. a Due :. A A. Y. ?. O!'as.Fo owh_: Monthly beginning An AA-) 1111 Late Charge. If a payment is rat paid In full within 10 days after it Is due, you will pay a late charge. It the vehicle purchased is a heavy commercial motor vehicle, the chagewlll be 4% of the amount of the payment that Is fate. If the vehicle purchased is od highway business or farm equipment, the charge will be 5% of the amount of the payment that Is late. Otherwise, the charge will be 2%per.month on the amount of the payment that Is late, computed on the basis of a full calendar month for any fractions] month period in excess of 10 days. Prepayment. If you pay oil all your debt early you may be entitled to a refund of pan of the finance charge. Seeurlti, Interest: You are gWkg a security interest in the vehicle being purchased., 4 : Additio'nal.Infomtatton: See the.oiher side of this contract farmers Information Including Information abouLnonpayment, default, any required repayment in lull before the scheduled date, prepayment refunds and security Interest ...... .... . ITEMIZATION.OFAMOUNT FINANCED 1 Cash Price lineiudine am aceeasndas_.arviea. am ram., 2 Total Downpayment. Net Trade-in S n,A + Cash Downpaymenl5 LnGn 00 +Other(Describe) E blur TradeAnisa .' S enflil nnl2j Year _ Make Model 3 Unpaid Bala noe of Cash Price (I minus 2) $'layia nn(3I 4 Other Charges Including Amounts Paid to Others on Your Behalf: •A Cost of Required Physical Damage Insurance Paid to the Insurance Company Named Below-Covering Damage to the Vehicle. E ° • • B Cost efOplional Mechanical Repair Insurance Paid to the Insurance Company Named Below-Coverin - +! g Certain Mechanical Repairs Sa! A •• • C Cost of Optional Credit LHe and/or Accident and Health Insurance for the Term of this Contract Paid to the Insurance Company or Companies Named Below. Life$ MIA Disability, Accident and Health $ R/A $ rr? D Official Fees Pad to GovemmernAgencies S n as Not lncludedJn Cash Price S fur I n ,. F, Go "e risA )orAegf Fees Iteml FMC RF- ? • • S ae nn ' ' G GdNerfvnent r:,e Pocaeol,TNe.Fee ,: '' ' - ? E-?+'! ?? . ? " ,. i:.r ., r ' ?` H 0llier Charges (Seller mus(Med61y: will receive payment and describe purpose) +4?.. ''? ''??" y : . "? 'ti %•• ? OG ' t 'joft8l Olher Ch saAmountsPo0lhers on iBe N •--O'""? E, u.i T Ans'L? d4J' . tS n4nu$d "Onpa dBalaitee (3 )'. :_ jr. .. ? .. ... ' . S loiee'id5) _•, „ ,.. .. 6 Finance, hko - -, ....,. n' ..?.. 1 S r. c. 'iE14YY, uiUI6) Additional Disclosures 7Time Balance-Total of Payments IS+6) Regy[%dby State Lew $ ???• 1 ;4452 • 8 Payment Schedule:L-41palmerns of 5 442.;.+, each, monthly beginning Ins LaJjw ll arty insurance Is chocked below, the policies orcenificales issued by the Companies namee wlli des belhe term sand conditions, , .. . RarjLlhi{IJphydkal tlamags;Ihsyre"neqPhysidel'Hdmagelnsurance Wiequired,butyou may ? OptloneyM Can)cal Hepalrlnsuranca Tb%cQ9t obWli'R:borfl'enjbAeyW!'ivarRNvIf0Is III x9ptablei idthlCredAbr.Thaxostof INS Insurance Is shown In 4A of th Itemization above Insl+rangy,Isf avo164Bgllheltemizatiopel2dae I 't - I 1 yam" ?r ?? e . , 'LL N r ra9t . r, lls -•J rr O, }'t tie:'xr p Tertn:j?rionths IrouruoACompeoy llfA imurarlc drn azl? , D deductible Collision and efther. ` , "'IQ Tegn p 38 months Of'' I. miles, whlchever oxuml D Full Comprehensive Including Fire, Theft and Combin"dit onaf Coverage •, Temc O • ?S A. Deductible Comprehensive including Fire. Theft and Combined Additional Coverag ._ ., 05250edueOOle DSSODeductible OS W/A_Deductible' ,,.D Fire, Theft and Combined Additional C oyerege Optlonal,Ifdeslred;OTavin andLa6o i;6sts:e Rental RaimbursemOnt..OCB Radio Equlpmenl ' - - - "' •'""; "'' 4.,> ""Optional Credit LllseM/orACddent and Heslth lnsurenrro.Credft hie Insurance andcrgdft.ecofdent and heafth lnsuranceare rot re 41ifidtao Eryjgt ' w'"nOttie"prov(dNu lessyouafgnfort em endagreeopeytheaddltbnelcosLll.youMasttC insufel)ce check thelnsdrencedesired sY?dbe 11 loft ' , ' : J • 'r ml_ n-960tTa` elios i ihl dnY40trth4)Ydmfzatl 7' uu ?tk ?sf 16?bw ; e( o ., , s r r e rt M! 1+iJ y.e4(Upfo .msl,o T-:.. y??.Cttbcl?f)ts lnaurenee d'eslled:? Lae lBUyetDC'o•BlryertT K•'?'' n; ?x+.ht^.,1ri3•+ 6'1 art Aria t•2?t??''?si?, t+:'k??•r:'.DDisebintj!ACCitlentenil Hea?ti;(liMefOdlyf x- ?!t.:a (Name of Insurer-U18)* (Noma OfOCe Address) • r (Name of Insurer-A 6 H) , (Home Office Address) This policy will pay amounts due on this contract up to S . APPROVAL: I DESIRE-.TO OBTAIN THE.CREDIT LIFE AND/08 ACCIDENTAND HEALTH INSURANCE CHECKED ABOVE FOR THE PERSON PROPOSED FORINS)JFtAN06.f.•;. .. +•; a a.. . ,y Buyer Signature .-^TdaC , Buyer SignatureDate' THE INSURANCE, IF ANY, REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR. BODILYJNJURY AND PROPERTY-DAMAGE CAUSED TO OTHERS. - - See the other side of this contract for other Important agreements, Including your agreement to give the Creditor a security Interest In Insurance premiums anrppproceeds YdisfgfiadthfsooftWct on (Do riot date on Sunday) posesaber IS 9A 'trine Ct+Xli t :I. '. i,:.;q.'a •nanU ... .' a (MO:).: (Day) '(Yr.) ( 1sn • :: har• , :'-Notice to BU er _. ??.,..... ,...,.,,, ..,. ._r-.._._._._..-....a. 4'• does not Have to pay the debt. The co-buyer or other owner knows that the Creditor has a security Interest in lliaveN end coliseMStothet9ldilritylfil?r4 ,Otherowner signs here - Address CreddorS19 'ns•? ..... e ?. Title/ tanwrwra nnwr u c BI rr rAn n . . W By? ,/ ?_a-'i - _'!t L? r rr-r , . , . Ondirslgned.hereby acknowledges receipt from seller of a true, correct and complete'copy of this contract at time of execution. ! Buyer: Signs CaRuyer Signs ' It Seller obtained this vehicle from General Molore'Cbrporetkn (GM) on instalment credit tams j the GM lndtalment Salee Finance Plan-Terns of Substitution and Assignment agreement. Olt r Acceptance Corporation(GMAC) under the toms of the GMAC Retail Plan agreement. igned with recourses JENN 'Seller By Title le so In the State of Pennsylvania) (t of 4) Notice: See Other Side e GM recourse or with limited recourse , OUADRUPLICATE ORIGINAL-GM.AC FILE COPV OTHER IMPORfANTAGREEMENTS Ownership and Risk of Lou. Nbu agree b pay the Cr icy all you owe todd, tlgs Orlbact even n the vehicle N damaged. destroyed a TUN. Nbu agree nor b remove I m vehicle Iran IN Unhed States or CaWtlaab de oon; WI& baseamdr"' *bWleywryM"reelIngtevent trpitloulONcsbenpWrnisebn, ylkoAgreetact b w001 Wae the vehicle At "ON" Oy a o« MasWfo,,. You wed make sure the CrsehaS nhy Crodhor op s only repokek alb bigbh, ) 0=90 0 W vehicle am, eM,won U gas.orth14 as, Ahes, or oRer Merges mftww pee OW"b MM dW Wrormt whan de CMdW asks br X. son yw may owe unsay arty secants YeurarlcG ounce Agreement with tle Credit««tla credX«l aagnee, Red N ray beralx, renewey enaafort « avlgnnenlt d thle anrcract. n eiso secures your omen pnaemerlb In dtle centred. PapaymaM Rehired. Yaryan Prepay AN of your debt are get a refund Of pan of the Finance Change. The rehM w0 be figured by the Acluarl W Method GROW Ibal ro mMod WRI be Pell which resuns in a reel finance Mange Of late than $10. There WIN be no refund paid b you if a is less than $1.00. Required Physical Damage Insurance. You agree to he" physical data" InsaWay covering bee or damage to Rro vehicle for the term Of this Contact. At any lime during Um lam, of this conlrxL N you do not have physical damage insurance which covmn both the IntomW of you andUaCreditor In the vehicle, Ownt eCradlamaytangh for you, age Creditor don not by physical damage InwrwtO which men both Interests In the vehicle, it My, If A decides, dry Inman,, which coven mNewceMoes Meow The Creditor b under roObligation b buy any Insurance, Put may do W e itdeWm. N the Creditor buys either at ease ooverAges, h will IW you knowwhat type it Is and the charge you most pay. Bey The Wrge W o Wheat of VA Coale the Muenuand AfirAllo Charge, Wee highest lawful ="d rate. YM agree to pay the charge in equal Mlelments, eXMrabngwith eepaymemsshownmmrr Payment aNe fuls. W as a sepaeleacmum W uplordgspurposo. If the vehicle is lost or damaged. you agree that the Creditor Can use any he uranoe Noaement ehha r to repair 0*wN NOW a to apply to your debt. Late Charge. You will he" to pay a too charge on each payment received by the Creditor mare then tan drys IWe. The charge is shown m OW Room. Acceptance of a IWe payment to IWe charge does rot ex«ee your late payment "man that you can keep making payments ShOrthory e art ue The CreMormay alsotake the steps W tam below ray payment. Optimal Inwrelnom or Service CanVMa. This MOM maycontain Charges for optional Insurance or seMO Oramcta, h tle vehicle is npeaened. YOU agree that the Creditor may claim benefits under Mm Omraaa and terminate them to obtain refunds for uneemad c angea. Insurance or Service Contact Charges ReNmed to Creditor, it any charge for required Insurance is returned to ge Crader k a may be Red. Red to yew account or used b buy Similar Insurance a Insurance which PWea only the Credible Interest In I'm whole. Any rohmd on aptlonal Insurance, a service contracts obtained by the Caddo, will be credled o yew account Credas b your Account will include both Rte amounts received by IM Creddw and the memo Finance Charges m Rase amounts. These credits will be applied b as many of yourInstalment$ "they WIN covet begimkg with me final instalment. You will be notified of what is done. Required Repayment In Full Before the Scheduled Date. II you fall 10 Pry ay payment according to the Payment schedule; It a praeod. Ing In bankruptcy, receivership or Insolvency to started by you or agalhel you or your property; a If you Weak any of the agreements in this contract (default), the Creditor Can demand that you pay all you sow Oft this Contract at once, upon giving any notice required by low. In figuring what you see, the Creditor will give you a refund of pan of the Finance Charge figured the same as It you had prepaid In lull. Repossession of the Vehicle for Failure to Pay. Repossession meamtlat. H YOU fall to PaY aaording to the payment 5dwdulea it you break any of the agreements in this ccnbwo (delauhl. the ORION&CA Mks the vehicle from you, alter giving you any notice mqurodby law. T take the "NCie Ihe Creditor can enter your property, « RIB proper, wwhom XNalomd,solagashIsom Wseefuly. hthem is anyp mc, ProPeM In the vehicle, such as cbthkg, the credllor can more It for yor Any accessories, pulPmsm a repl9ement pars Mrs remain with in vehicle. Getting the Vehicle Back After Repossession. If the Crsdharepo: asseas the vehicle you haw the right 10W it back (redeem) by nyln the core amoumy'OUmveon ParMUM(naJust Past due payment Plus Wry IWe charges. the cost of mHng and storing the veNcls an Other epemes real ON Seller «1114 Create has had. In Nurbp th entire count you owe co, the Mcm, the CMdn« will on you refued for peril Of do fit darpe npumd the same as a you he Prepaid your Contract. Your righi to redeem wig Good when the "hide i sob. 861001"A Raposussed VeNCKTheCreditor wil ewyouawmaa rode of Note W least 15 days before salk g the "Note. H you do tat r omomtheveWleythedeleon thellM", meCrecaMM WI ATh Cradt« wig M the M proceeds of the We to pay n «pan of yo debt. The Any Mepro ROdeg"IS will be figured INS way: Any imp charges en Nkkq and Wooing 1110 VONC10, CIO WkV and edverdsln efo., nod Noy reasonable simmer fees end Court Coate Wall be out Iracded from me seeing price. N you owe the Credal late than lee Wet ProOeds of We, their Cedk WIN Pay youths dfiarence, mlete MIMMod to pry it to sO,mi elw For example, the CMMm may be Repdmd to pay a NMw who he given you a ban and Woo taken a security hlemrt Inge "hots. "You owsmae than Re rolprcceedsof We, you wtl Pay the CmdNr the dMe emos between Ow not pmends of sale and what you Pw whende Creditorsaka forit Nyoudo notpaythis Amount when ask« you may also be Charged Interest b the hghehest lawful rate unM you of pay all you awe to the Creditor. Collection Casts. H the Creditor NMI an attorney to collect what To owe. you ova pay the aaome ys esemlade IN and ay court Oft: Defy In Enforcing Rights and Chang" of tot le Contest. The Chad Ire cen delay or mfreln ham wfmtlrp any dill rights under this cor tract without for making so er payments w? estMMq others. Any dllnpe I tomes thISCOMMcl must be in W Mop mod signed by me Creditor. N oral chengesambinding. Hay Food Waccnuact IsnolvaM, all othe pans ad remain enforceable. Wsymoo n Sa1Nr Oladlalma You understand that If the whlcla I principally used for business or Agricultural purposes, or if yoi am Informed In wrldng prior to 2816 that the whole le sold on or 'AS b' basis and that you am responsible for the entire desk as to the quality of performance Of 120 whole, them Is no Implied war rantyamershamablly,rto Implied wammyofStates fora panic uW purpoNo and ro IMPINd hammy which aldehea beyond tlv description of the whkla oo the DOW side of this contact, unlsw the Seller extends a wri wan ortyorseMce Contra within ON days from The data of this Contact. M knpaed war" of merchanN«gty geOrally means that the whkk Is IN 1«ee mdiasry purpose to which wed whlciaa we genemy, used A wanenty a flMm for a partkulw puWm te a wwmnty that may ad W when the SONW has reason to know rho ParticularPwposa I«wNCh yon require the vehicle are you rely on Pe Sner's skill or judgment to fur hish awhaElevchkle. This Provision does not affect Noy warranties covering the vehicle whip my be Provided by the vehicle rommaladurel. Used Cw Buyers Oubo. The Informathon you see on the wince lone tomb whole Is pad of thlscontract. Information on the win door farm avenrldes any contrary provisions in the contractor sale. Notice of Substitution of Contact. It Seller obtained this vehicle from Geual M Wore Corporatim (G M) M InMiment eredll farm, Rut cmtmct Mll be subWh W edby Setter for and replace the Sellenl obiga l ikon lopay GM for the vehicle you a m purchasreg. This eubstilutbn wl I mtchange theamount you have agreedlo Day the Seller, Ihepaymen schedule. the fiNoroe charge or any of your rights and duties for Inir purchase. The terms of this contract set brlh your entire and Only Obit gallon ID Seib, GM, m any other holder of this contract. 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. EXHIBIT "B' GENERAL MOTORS ACCEPTANCE CORPORATION P.O. Box 1078 Baltimore MD 21201 1.800.2004622 aM? owllovr + nm WORLD EXFMIVE OFFICES DFraort November 20, 1997 Brandyn Mills 211 A North Enola Dr. Enola, PA 17025 Re: 034-1018-14981 Past Due: 09-15-97 $ 447.28 10-15-97 $ 442.03 11-15-97 $ 442.03 Unpaid Charges: $ 115.10 Late Charges: $ 56.96 Total Past Due: $ 1,503.40 Outstanding Balance: $1 1,940.06 Dear Ms. Mills: We have been advised that your 1995 Pontiac Firebird was damaged, and Progressive Insurance has denied paying your claim. Central Penn Salvage has indicated that the vehicle is currently stored there, and a bill is owed for towing and storage. The recovery or repossession of this vehicle is not justified due to the estimated salvagetresale value being less than the expense of recovery, storage and resale. Our decision to abandon this vehicle does not relieve you of your contractual obligation to pay. This debt is secured by a lien recorded in favor of General Motors Acceptance Corporation, and this lien will not be satisfied until this debt is paid in full. The account has been charged off due to the fact that the collateral will not be released by the salvage yard unless the outstanding towing and storage bill is paid in full. Your account has been transferred to our Salvage Collections Center, and the proper credit reporting agencies notified that your account has been charged off. Upon receipt of this letter, it is critical that you contact GMAC immediately regarding this account, and advise your intentions. Your prompt response and acknowledgment would be appreciated. Any questions or future arrangements regarding payment of this debt, must be directed to I-800-556-7370. Sincerely, *a. PL. Michael A. Petrucci Credit Administrator map SHERIFF'S RETURN - REGULAR CASE NO: 1999-05059 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE VS. MILLS BRANDYN DAWN KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MILLS BRANDYN the defendant, at 14:34 HOURS, on the 9th day of September 1999 at 211 A NORTH ENOLA ROAD ENOLA, PA 17025 CUMBERLAND County, Pennsylvania, by handing to BRANDYN MILLS a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers Docketing 18.00 Service 9,92 Affidavit ,00 Surcharge 8.00 R TtTo?rt'a i e, e i $75=. AR?HUI A. KUSIC 09 10/1999 by JULY i Sworn and subscribed to before me this LQ*& day of /._t-,.?/•• 19(?Cj A.D. ?'? i--Prom ?- 'n GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff V. BRANDYN MILLS Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 99-5059 Civil PRA_EC_I PE Please mark the above captioned matter as satisfied, settled and discontinued. DATE: 115/2000 RESPECTFULLY SUBMITTED: C. A i THU -;4. IC; ESQUIRE 4201 Crums Mill Road P.O. Box 67015 Harrisburg, PA 17106 17171 540-5610 SUPREME COURT NO. 07207 ATTORNEY FOR PLAINTIFF Arthur A. Kusic, Esquire Supreme Court No. 07207 4201 Crums Mill Road Harrisburg PA 17112 717-540-5610 Attorney for Plaintiff GENERAL MOTORS ACCEPtANCE ' IN THE COURT OF COMMON PLEAS CORPORATION *CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff * CIVIL ACTION - LAW V. BRANDYN MILLS * NO. 99-5059 Civil * Defendant CERTIFICATE OF SERVICE I , Arthur A. Kusic, Esquire, do hereby certify that on this 5th day of - January , 20QQ, I placed in the United States Mail true n}d?}correct copies ofthetPraecipe to settle, Satisfy & Discontinue {Att4efTCftO Ttigsf0.IjBUrljge affixed and Guy H. Brooks, Esquire GOLDBERG, KATZMAN & SHIPMAN, PC 320 Market Street P.O. Box 1268 HArrisburg , PA 17108-12168 RESPECTFULLY SUBMITTED: ARTHUR. KUSI QUIRE >- 1 N .%- I LT tV O 4 UC: L CL U - n U o G7 J V