HomeMy WebLinkAbout03-3466LAVIN, COLEMAN, O'NE1L, RICCI, FINARELLI & GRAY
By: Alysa Talarico, Esquire
Identification No. 84512
Penn Mutual Tower, 10th Floor
510 Walnut Street
Philadelphia, PA 19106
Attomeys for Plaintiff
GENERAL MOTORS ACCEPTANCE
CORPORATION
5700 Crooks Road
Suite 304
Troy, MI 48098
Plaintiff,
VS.
PANDORA MAHURIN
36 Betty Nelson Court
Carlisle, PA 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.:
Defendant.
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.
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, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY
By: Alysa Talarico, Esquire
Identification No. 84512
Penn Mutual Tower, 10th Floor
510 Walnut Street
Philadelphia, PA 19106
Attorneys for Plaintiff
GENERAL MOTORS ACCEPTANCE
CORPORATION
5700 Crooks Road
Suite 304
Troy, MI 48098
Plaimiff,
VS.
PANDORA MAHURIN
36 Betty Nelson Court
Carlisle, PA 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Defendant.
CIVIL ACTION COMPLAINT
Plaintiff, General Motors Acceptance Corporation, by and through its attorneys, Lavin, Coleman,
O'Neil, Ricci, Finarelli and Gray, by way of Complaint against defendant, Pandora Mahurin, avers the
following:
1. Plaintiff, General Motors Acceptance Corporation ("GMAC") (herein referred to as
"Plaintiff') is a Delaware corporation, registered to do business in the Commonwealth of Pennsylvania and
which, for purposes of this action only, conducts business at 5700 Crook Road - Suite 304, Troy, MI 48098.
2. Upon information and belief, defendant, Pandora Mahudn (the "Defendant"), is an adult
individual residing at 36 Betty Nelson Court, Carlisle, PA 17013.
3. Venue is appropriate in this Court pursuant to Pa. R. C. P. 1006.
-2-
4. On or about March 28, 2002, the Defendant executed and delivered to Tom Wood
Pontiac/GMC, Inc., (the "Dealer"), a Retail Installment Sales Contract (the "Contract") providing for the
purchase ofa 1998 Dodge Dakota, VIN #1B7GG22X6WS678653 (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 under the
terms of the Contract.
6. Pursuant to the terms of the Contract, the Defendant agreed to remit to GMAC monthly
installment payments totaling $14,104.07 plus finance charges in the amount of $6,497.05 calculated at an
annual percentage rate of 20.0% to be paid in forty-eight (48) consecutive monthly installment payments in
the amount of $429.19 each, with the first installment due on April 28, 2002.
7. The Contract granted GMAC a securityinterest 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".
8. The Defendant was in default under the terms of the Contract due to her failure to remit
regular monthly Contract payments to GMAC when such payments were due.
9. On or about February I0, 2003, GMAC exercised its rights as secured creditor and
repossessed the Vehicle.
10. On or about February 13, 2003, 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."
-3-
LAVIN, COLEMAN, O'NEIL, R1CCI, F1N~RELLI & GRAY · ATTORNEYS AT LAW
11. The Vehicle was sold at NADE in Bordentown, New Jersey at private sale on April 15, 2003,
for $5,800.00 which sum was credited to the Defendant's account, less repossession and sale expenses as
permitted by the Contract.
12. The Defendant's account was credited with a rebate of unearned insurance premiums in the
amount of $540.20.
13. After crediting the Defendant's account and adding: (i) repossession and transportation
charges in the amount of $500.00; (ii) storage and reconditioning charges in the amount of $140.00; and (iii)
auction fees in the amount of $80.50, as permitted bythe Contract, a balance of$9,171.29 remains due and
owing. A copy of the Repossession Accounting Statement sent to the Defendant is attached hereto and
incorporated herein as Exhibit "D."
14. The Contract permits GMAC to recover costs of suit plus reasonable attorney's fees.
15. GMAC claims pre-judgment interest at "the highest lawful rate" as permitted by the Contract.
WltEREFORE, Plaintiff, General Motors Acceptance Corporation, demands judgment against the
Defendant, Pandora Mahurin in the amount of $9,171.29, plus attorneys fees, costs, interest and such other
and further relief as this Court deems just and proper.
Doc# 597173
LAVIN, COLEMAN, O'NE1L, RICCI,
FINARELLI & GP~Y r~[
ALYSA xI3ALARICO, ES QUIRE
Attorney for Plaintiff,
General Motors Acceptance Corporation
-4-
LAVIN, COLEMAN, O NELL, RICCI, FINARELLI & GRAY · ATTORNEYS AT LAW
VERIFICATION
I, , hereby state:
(1) I am a duly authorized representative of Plaintiff, General Motors Acceptance Corporation,
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.
Sworn to and Subs,.~ed
Before Me This ~ tv ~
Day of ~--,3[X~r ,2003.
Exhibit A
"'ETAIL INSTALMENT SALE CONTRACT
,GMAC FLEXIBLE FINANCE PLAN
Buyer (and Co-Buyer)- Name and Address (in~ude-Zl~(~'e~ ~ ~-,~LJ~ Creditor (Seller Name and Address)
,17,r;0 BA:;~[ l'[ [J{~ 7550 [.
You, the Buyer (and On-Buyer, if any), may buy the vehicle described below for cash or on credit By signing this conlract, you agree Io buy the vehicle an
credit under the agreements on the front and back of this contract. You agree to pay the Creditor the Amount Financed and Finance Charge according to the
payment schedule shown below. The Finance Charge is figured on a daily basis at the Annual Pemantage Rate on the unpaid balance of the Amount Financed.
Description of Vehicle. You agree to buy and the Creditor agrees to sell the following vehicle:
Check Description I Yeerl Make and Model Body Type Vehicle Identification No.
DNew [3 FIour SampleI I 00~[~[ -' .... '~r't< ~'~ ~'~
E]~L~sed E3Demonse'atorr 't~:~ [~h'(h[qJ~ pIl
If truck -DesCribe body and major items of equipment SOld:
Primary Use for Which Pumhased
[~.~personal E] agdcuifural business [3
business use is checked, Buyer is:
~ an individual [3 a corporation or partnership
FEDERAL TRUTH-IN-LENDING DISCLOSURES
A.NNUAL PERCENTAGE RATE
The cost of your credit as a
yeady rate.
FINANCE CHARGE
The dollar amount the
credit witi cost you.
Your Payment Schedule Will Be:
Number of Payments Amount of Payments
Amount Financed
The amount of credit pro-
vided to you or on your
behalf.
Total of Payments Total Bale Price
The amount you wilt have paid The total cost of your purchase
after you have made all pay- on credit, including your down-
ments as scheduled, paymantof$ {Qi!().()(~ is'
When Payments Are Due
{ Meethly beginning It 4 / :j ~j /0 ~
Or as Follows:
Late Charge. If a payment is not paid in full within 10 days after it is due, you will pay a late charge. The late charge will be the lesser of $14 or the maximum
amount Indiana law allows (which may.be adjusted in even-numbered yearn to reflect changes in the Consumer Prica Index).
Prepayment. Ifyou pay off early, you will not have to pay a penally.
Security Interest. You are giving a secudty interest in the vehicle being pumhased.
Additional Information: See the other side of this contract for mere information including information about nonpayment, default, any required repayment in
full before~,:,e scheduled date, and secudty interest.
ITEMIZATION OF AMOUNT RNANCED
1 Cash Pdse (includin~ any accessodas, services, and taxes)
2 Total Downpaymant- Trade-in
Make
Model
plus Other (Describe)
3 Unpaid Balance of Cash Price (1 minus 2)
$
$ N/~ ~/A$ N,,/'~ p~us $ C=~)n0.0~_.
Year Gross Trade-in (Payoff- maue Trade-in (Ney
Allowance by Seller) Downpayment
S ~/^ $
$.
4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may be keeping pat of these amounts.):
A Costof Required Physical Damage Insurance Paid to the Insurance Company Named Below-Covering
Damage to the Vehicle $
B Ceet ot p.otional Mechanical Repair Insurance Paid to the Insurance Company Named Baiow-Covedng
Certain Mechanical Repairs $
C Cost of Optional Credit insurance Paid to the Insurance Company or Companies Named Below.
Life $ {,~ / A Disability, Accident and Health $ R q 7 ~ 2 $
D Official Fees Paid to Government Agencies (Dsscdbe) $
E Taxes Not Inclr~led in Cash Price (Deecdbe) $
F Government License and/or Registration Fees (itemize) $
G Government Certificate of'title Fees $
H Other Charges (,Seller must identify who will receive payment and descdbe purpose)
to for $
to for $
Total Other Cha~ges and Amounts Paid to Others on Your Behalf
5 Amount Financed-Unpaid Balance (3 + 4)
i'~ / A
f!/'\
~I/A
$
$
~ 37.~: ~(3)
,...., ~ ,(4)
! !',,:'I,¢~{ )
Insurance. If any insurance is checked below, the policies or certificates issued by the Companies named will describe the terms and conditions.
Required Physical Damage Insurance. Physical damage insurance is required, but you may. Optional Mechanical Repair Insurance. The cost of this
shown in 4A of the Itemization above.
Insurance Company ~-~ / A Term; ~ / Amonths Insurance Company N / i\
E]$ ~! ADeductible Collision and el~er: Term:E] 36 months or 36,000 miles, whichever occurs first
[] Full Comprehensive including Fire, Theft and Combined Additional Coverage Term:E] J~i//\
E]$ ~J../.~L Deductible Comprehensive including Fire, Theft and Combined Additional E] $25 Deductible [3 $50 Deductible E]A ~!/i~Dedustible
Coverage
E] Fire, Theft and Combined Additional Coverage
Optional, if desired-E] Towing and Labor costs [3 Rental Reimbumement [3 CB Radio Equipment
Optional Credit Insurance. Credit life insurance and credit disability insurance are not required to obtain credit and will not be provided unless you sign for
them and agree to pay the additional cost. If you want this insurance, check the insurance desired and sign below. If you have chosen this insurance, the
cost is shown in 4C of the itemization above. Credit life insurance pays only the amount you would owe if you paid all your payments on time. Credit disability
insurance does not cover anyinoraase in your payment or in the number of payments. Coverage for credit life insurance and~credit disability insurance ends
on the original due date for the last payment unless a different term for the insurance is shown below.
Check the insurance desired:D Life (Buyer E] Co-Buyer [3 Both [])
E~O/~ssbility, Accident and Health (Buyer Only)
FF~NFORD NA] 1HN^[ 50.50
(Name of Insurer)
Under policy of dasignated insurer, maximum amount of insurance udder this contract is $
other instal~t contact of the Buyer is limite/d to $ .
Buyer Signature Date ~B~er Sig~m
(Home umce ~.ddre~s) '
and the total amount of insurance under this and any
Date
THE INSURANCE~ IF ANY, REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL UABIUTY 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 and pro.~eeds.
You signed this co~lW'/ict and received a copy on (Do not date on Sunday) ti
· / / / $ / (Mo.) ' (O~y)
Buyer Signs ~'~'~t/"~(-~'~<~~ - Co~tB~i~yer Signa
Ce. Bayere eed Other Owesm-A co-buyer is a person who is responsible for paying the e 're debt.~n other./~/ner is a po[;~jon wh~ name is on the title to the vehicle but
does not ha. to pay the debt The co-buyer or'olhe[ ownerknows that the Creditor has a secuit ty !nta~rlwq,,jh the/~icte and con~t~Jo~ secudty interest.
Other o~er sig~ hera Addre~*~,
If Seller obtained this vahicle from General Motors corporation (GM) oti'instalr~nt credit~t~rms~l~ assigns its Interest in this coif/act to GM under the
terms of the GM Instalment Salss Finance Plan-Terms of Substitution and As~gnment,~'grasrflantEOtherwise, Seller assigns its,,[~',l~fest in this contract to
Ganars otora coepta.ce Co ora (GMAC uedor the to. s of tho graer t. ,//
, ,gnedw,thr e ,go w ras
Seller By Title
Z109 FR IN 1/200'1 (2} (For use in the State or Indiana) (1 of 4) Notice: See Other Side //~ / ./ / ' ORIGINAL
OTHER IMPORTANT AGREEMENTS
Finance Charge. The finance'Charge is figured on a daily basis at the
Annual Percentage Rate on trm unpaid halm,ce of the Amount Financed.
The Creditor will apply each pa~cent first to the earned and unpaid part of
this contract for the Finance C~arge, Tofal of Payments and the Total Sela
Price are based onthe assumption that you wilt make every payment e~tha
day it is due. Your Finance Cha~e, Tot~ of Payments and Total Sala Price
will be mom if you pay late and less if you pay early, If all your scheduled
payrfieofs are equal changes will take the form of more or fewer payments
of the same arnou~t, with a smaller final payment. If your final schecluled
payment is larger than your earlier schedutsd payments, changes will take
the form of a larger or smaller final payment. The Creditor will seed you a
notice before the due date of the final scheduled payment. The notice will
show the amount of the uapaid balance and the new payment schedule.
Owne~hlp and Risk of Lnaa. You agree to pay the Creditor all you owe
under this coulmct even if the vehicle is damaged, destroyed or missing.
You agree not to remove the vehicle from the United Slates er Canada, er to
sell, rent, lease or o~enviss transfer any interest in the vehicle or this
contract without the CreditoCs written permission. You agree not to expose
the vehicle to misuse, seizure, or c~nflscafion, or other involuntary transtar,
even if the vehicle was not the subject of judicial or administrative action.
You will make sure the Creditors security interest (lien) on the vehicle is
shown on the title, ff the Creditor pays any repair bllis, storage bills, taxes,
fines, or ofher charges ou the vehicle, you agree to repay the amount when
the Creditor asks for it.
Security Interest. you give the Credifor a sseuHty interest in (1) the vehicle
being purchased, (2) any accessories, equipment and replacement parts
if~sfalled in the vehicle, (3) any insurance premiums and charges for ear/ice
centracts returned to the Creditor, (4) any proceeds of insurance policies of
service contracts on the vehicle, and (5) any proceeds of insurance policies
on your life or health which are financed in this contract. This secures
payment of all amounts you owe in this contract aed in any transfer, renewal,
extension or assignment of this contract. It aisc secures your other
agreements in this contract.
Prepayment. You may prepay the unpaid balance of the Amount Financed
in full or in part at any time without penalty. If you do so, you must pay the
eamed aed unpaid part of the Finance Charge aed all other earned amounts
due up to the date of payment.
Right to Refinance a Balloon Payment. A Balioon Payment is a scheduled
payment which is more than twice es large as the average of your eariisr
scheduled payments. If you are purchasing the vehicle pdmedly for your
personal, family, or household use, you have the dght to refinance the
amount of a Balloon Payment when it is due without penalty. The terms of
the refinancing will be no less favorable to you than the terms of the odginal
sale as shown in this contract. This provision dose not apply if your Payment
Schedule has been adjusted to your seasonal or irregular income.
Required Repay'meal In Full ~..~ the~edula~ Date. If you fallto ~
~ ~t ~ ~; ~ a.p~ ~ ~kmp~, ~e~p ~
~ b ~by ~~ ~ ~r p~; ~ff ~bma
~y ~ ~ agr~ ~ ~ ~ (~fa~), ~ C~r ~ ~
~ ~,~t ~ ~Ml~ ~ ~ ~at ~e (~J~t ~
~ ~), ~ ~e fill ~ ~ ~ ~
~y ~e ~s, ~, to ~ e~ ~ by ~w, ~ ~ du
~ ~ ~d ~t k~ ~ pr~.
Reflosses~lon of the Vehicle for Failure to Pay. Repossession mean
that, ff ~ fail to pay according to the payment schedule or ff you break an
Of the agreements in this contract (default), the Creditor can take the vehicl,
from you. To take the vehicle the Creditor can enter your praperty, or th
property where it is stored, se long as it is done peacefully. If there is an
personal prope~j in the vehicle, sush as clothing, the Creditor can store it fc
you. Any accessedss, equipment or replacemant parts will remain with th~
vehicle.
Getting the Vehicle Back After Repoeaeaalen. If the Creditor regossesee=
the vehicle, you have the itght to get it hack (redeem) by paying the entin
amount you owe on the contract (not just past due payments). The amoun
you owe will be the unpaid balance of the Amount Financed plus the eame~
and unpaid part of the Finance Charge, any late charges, and all othe
earned amounts due, including the cost of taldng aed storing the vehicle ar~
other expenses that the Seller ortbe Creditor has had. To the extent stlowe~
by law, you must also cure any default in additio~ to nonpayment of what yo*
owe. Your right to redeem will eed when the vehicle is sold.
Sale of the Repossessed Vehicle. The Creditor will seed you a wfltter
notice of sale at least 10 days before selling the vehicle. If you do no
redeem the vehicle by the date on the notice, the Creditor can sell if. ThE
Creditor will use the net proceeds of the sale to pay all or part of your debt.
The net proceeds of sale will be figured inis way: Any late charges and an}
charges for taking and stedeg the vehicle, cleaning end advertising etc., an(
selling plti:e.
If you owe the Creditor less than the net proceeds of sale, the Creditor wil:
pay you the difference, unless required to pay it to someone else. Fol
example, the Creditor may be required fo pay a lender who has given you;
loan aed also taken a security interest in the vehicle.
If you owe mom than the net proceeds of cele, you will paythe Creditor the
difference between the net proceeds of sale and what you owe when the
Creditor asks for it, unless otherwise provided by law. If you do not pay this
amount when asked, you may also be charged interest at the highest lawful
rate until you do pay all you owe to the Creditor.
Collection Costs. If the Creditor hires an attorney to collect what you owe,
you will pay the attorney's reasonable fee and any court ousts.
~d Physical Damage Insurance. You agree to have physic, a/
e insurance covering loss or damage to the vehicle for the term of this
;t. At any Itme during the te~m of this co~tract, if you do not have
~1 damage insurance which covers both the interest of you and the
)r In the vehicle, than the Creditor may buy It for you. if the Creditar
Jot buy physical damage insurance which covers both interests in the
}, it may, if it decides, buy insurance which covers only the Creditors
~t.
· 'reditor is under no obligation t~ buy any insurance, but may do so/f it
Ds. If the Creditor buys either of these coverages, it will let you know
of the insurance and a tinance charge, at the highest lawful contract
You agree to pay the charge in equal instalments ~ with the
~nts shown ee tbe payment schedule.
} veh~,is icst or ~nsged, you agrae that tbe Creditor can use any
'ance s~.ffiement either to repair the vehicle or to al~iy to your debt.
C~. You will have to pay a lete charge o~ each payment rece/ved
he Creditor more than tan days late. The charge is shown ee the front.
~ptanse of a lats payment or late charge does not excuse your late
mant or mean that you (~an keep rns~g payments after they are doe.
Creditor may also take the steps set forth below if there is any late
mant.
lionel Insurance or ,?~fvlce Contracts, This contract may contain
~rges for opine/ ~surance or se~.,.ice con ~t~'~-'ts. If the vehicle is
ossessed, you agree that the Craditof may claim benefits under these
~trants and tmminats them to obtain refunds for unearned charges.
mrance or Service Contract Charges Returned to Cred/tor. if any
arge for required Insurance is returned to the Creditor, it may be credited
y~ur account or used to buy similar insurance or insurance which covem
~ly the Credltor*s interest in the vehic~, Any refund on optional insurance
service conl~acts obte]neq by the Creditor will be credited to your accotmL
Delay in Enforcing Rights end Changee of this Contract. The Creditor
can delay or refrain from enfoming any o! its ~ighle under this contract
without losing tbem, For example, the Creditor can extend the time for
making some payments without extending others. Any change in terms of
this contract must be in v~'t~ng and signed by the Creditor. NO oral changes
are binding. If any part of this contract is eot valkl, a[I other parts will remain
enforceable. · ,-
Warranties Seller D~clalma, You underetand lflat the Seller is not
offering any warrantfse and that the~e are no implied warrantis~ of
merdmntabllity, of fltheee for a particuler purpose, or any other
wan'antiee, exprces or implied by the ~ellar, covering the vehicle
unless the Seller ext~tds a written warranty et service contract within
gO days from Ihe date of this cenbact.
An implied warrant~ of rnarchantsbitity generally means that the vehicle is fit
warrsnty ct titeess foe a particolar pu~<~se is a wananty thet may a~e when
the vehlola and you rely ee the sellers s~l ar just to fumlsh a so'rtable
vebicle.
This provlslan does not affect any warranties covedng the vehicle which may
be provided by Iha vstdcle manufacturer.
Used Car Buyers Guide. The information you see on the window form
for this vehicle ts part of this contract. Information on the window form
overrides any eentrary provisions In the cart'a'a~ of eels.
Notice of Substitution of Contract~ If Seller obtained this vehicle from
Ganaral Motors Co~omtion (GM) on i~talment credit terms, this contract
Nil be substito~d by Seller for and replace the Seller's obligation to pay GM
for the vehicle you are pumhesing. This subs~uflon v~ll not change the
~ you have agreed to pay the Seller, the payment schedule, the
finance charge or any of your dghts and duties for this purchase. The terms
of this contract set leah your entire and o~ly obligation to Seller, GM, or any
other holder of ~is contract.
IOTICE: 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.
~'he preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In
;11 other cases, Buyer will not assert against any subsequent holder or assignee of this contract any claims or
defenses the Buyer (debtor) may have against the Seller, or against the manufacturer of the vehicle or equipment
obtained under this contract.
Exhibit B
Exhibit C
GMAC
P.O. Box 971 Horsham PA 19044
215-957-3400
February 13, 2003
NOTICE OF OUR PLAN TO SELL PROPERTY
Pandora Mahurin
36 Betty Nelson court
Carlisle, PA 17013
Sab'Iect: AccoUnt NUmber 031':9008,29982
- We have your vehicle (a 1998 Dodge Dakota with VIN 1B7GG22X6WS678653), because you
broke promises in our agreement.
We will sell your vehicle at private sale sometime after February 28, 2003. 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. 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
Pandora Mahurin -2- February 13, 2003
031-9008-29982
Additional information:
As of the date of this letter, you can get your vehicle back by paying the total amount indicated
below.
Gross unpaid balance
Finance charge rebate
Unearned insurance premium*
Other credits
Late charges
Expenses-(EstimatedRepossession Expenses $550,00 )
TOTAL
-I-
+
$ 14,790.99
,0.00
0.00
0.00
0.00
550.00
$ 15,340.99
The longer you wait, 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.
Your vehicle will be held at IFA Group, 206 Mulberry Drive, Mechanicsburg, PA, 17013 until
you do what is required to get it back or we sell it.
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 dght to sue for it plus any
penalti~s~fi~ed by law. _
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.
Contact us at the telephone number at the top of this letter for more information about getting
your vehicle back.
Signed,
M A Petrucci
Customer Relations Analyst,
* The insurance premium rebate is for credit insurance if it was part of your contract. It is also
for any limited physical damage insurance.
WE ARE ATTEMPTING TO COLLECT THE AMOUNT OUR RECORDS SAY YOU OWE US
NOW, ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
Exhibit
GMAC
P.O. Box t73793 Denver CO 80217-3793
800-438-3204
May 19, 2003
How We Calculated Your Surl~lus or Deficiency
Pandora Mahurin
36 Betty Nels°n Ct.
Carlisle, PA 17013
Subject: Account Number 031-9008-29982
Dear Pandora Mahurin:
Your U 1998 Dodge Dakota, VIN 1B7GG22X6WS678653, was sold on April 15, 2003. As of
the date of this letter, the amount you still owe us under the terms of your contract is
$9,171.29. This amount was calculated as follows:
Unpaid balance before subtracting money from sale
This amount was calculated as of May 19, 2003
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)
$ 500.00
140.00
80.50
0.00
0.00
$ 14,790.99
540.20
0.00
0.00
$
5,800.00
$ 8,990.99
720.50
540.20
9,171.29
Pandora Mahurin
031-9008-29982
-2- May 19, 2003
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.
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,
GMAC Administrator
WE ARE ATTEMPTING TO COLLECT THE AMOUNT OUR RECORDS SAY YOU OWE US
NOW. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE.
SHERIFF' S RETURN -
CASE NO: 2003-03466 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GENERAL MOTORS ACCEPTANCE CORP
VS
MAHURIN PAiqDORA
REGULAR
BRYAN WARD ,
Cumberland County,Pennsylvania,
says~ the within COMPLAINT & NOTICE was served upon
MAHURIN PANDORA
DEFENDANT , at 2108:00 HOURS, on the 14th day of August
at BETTY NELSON COURT LOT 136
CARLISLE, PA 17013 by handing to
DAVID HENSON, COHABITATOR, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
the
, 2003
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18
Service 4
Affidavit
Surcharge 10
32
00
14
00
00
00
14
Sworn and Subscribed to before
me this 27 ~ day of
j,~ ~33 A.D.
Prothonotary' '
So Answers:
R. Thomas Kline
08/15/2003
LAVIN COLEMAN 0NEIL RICCI FINA
Deputy Sheriff
LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY
By: Alysa Taladco, Esquire
Identification No. 84512
Penn Mutual Tower, 10th Floor
510 Walnut Street
Philadelphia, PA 19106
Attorneys for Plaintiff
GENERAL MOTORS ACCEPTANCE
CORPORATION
5700 Crooks Road
Suite 304
Troy, MI 48098
Plaintiff,
VS.
PANDORA MAHURIN
36 Betty Nelson Court
Carlisle, PA 17013
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. :03-3466
PRAECIPE TO ENTER DEFAULT JUDGMENT
AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Please enter a default judgment in favor of plaintiff, General Motors Acceptance Corporation and
against defendant, Pandora Mahurin (the "Defendant"), for failure to answer or otherwise respond to the
Complaint.
1.
Cumberland County Sheriff's Department by serving David Henson, an adult with whom the defendant
resides with a copy of the Civil Action Complaint.
2.
The Complaint was served upon Defendant, Pandora Mahurin, on August 14, 2003, by the
A Notice of Intention to Take Default pursuant to Pa.R.C.P.237.1 (2) was served upon
A copy of the Affidavit of Service is attached as Exhibit
Defendant, Pandora Mahurin by First Class Mail on September 5, 2003, more than ten (10) days before this
Praecipe was filed. Copies of the Notices are attached hereto as Exhibit "B."
3. A copy of the Certification of Service of the Notice is attached hereto as Exhibit "C".
Pursuant to the Notice and Certification, Defendant, Pandora Mahurin had ten (10) days in which to answer
the Complaint. The ten (10) days expired on September 16, 2003.
Assess dmnages as follows:
Real Debt
Interest from August 14, 2003
until September 16, 2003
Attorney's Fees and costs
Total
$ 9,171.29
$ 49.61
$ 3,212.60
$12,433.50
JUDGMENT BY DEFAULT
ENTERED AND DAMAGES ASSESSED
AS ABOVE. NOTICE GIVEN LINT)ER
Pa.R.C.P.236
LAVIN, COLEMAN, O'NEIL, RICCI,
FINARELLI & GRAY ~
Alysa Talar~o,~Es~l~ire N
Attorney for Pt-a{ntif~
General Motors Acceptance Corporation
Prothonotary
LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY
By: Alysa Talarico, Esquire
Identification No. 84512
Perm Mutual Tower, 10th Floor
510 Walnut Street
Philadelphia, PA 19106
Attorneys for Plaintiff
GENERAL MOTORS ACCEPTANCE
CORPORATION
5700 Crooks Road
Suite 304
Troy, MI 48098
Plaintiff,
VS~
PANDORA MAHUR1N
36 Betty Nelson Court
Carlisle, PA 17013
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. :03-3466
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 Judgment by Default.
Prothonotary
IF YOU HAVE ANY QUESTIONS CONCERNiNG THIS NOTICE, PLEASE CALL
ATTORNEY ALYSA TALARICO AT THIS TELEPHONE NUMBER: (215) 627-0303.
LAV1N, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY
By: Alysa Talarico, Esquire
Identification No. 84512
Penn Mutual Tower, 10th Floor
510 Walnut Street
Philadelphia, PA 19106
Attorneys for Plaintiff
GENERAL MOTORS ACCEPTANCE
CORPORATION
5700 Crooks Road
Suite 304
Troy, MI 48098
Plaintiff,
VS.
PANDORA MAHURIN
36 Betty Nelson Court
Carlisle, PA 17013
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. :03-3466
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATION OF ADDRESSES OF THE PART[ES
STATE OF
COUNTY OF
SS.
Kathy Guenther being duly sworn according to law, deposes and says that she is a representative of
the Plaintiff; that she is authorized to make this Affidavit on behalf of Plaintiff; that to the best of the
undersigned's knowledge, the above-named Defendant resides at 36 Betty Nelson Court,Carlisle, PA 17013;
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 Territory 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 Plaintiffis 5700 Crooks Road, Suite 304, Troy, MI 48098.
Sworn to and Subscribed
Before Me This
Dayof ~'e~t ,2003.
Notary Public
CASE NO: 2003-03466 P
COMMONWEALTH OF PENNSYLVANIA:
COLrNTY OF CUMBERIJ%lqD
GENERAL MOTORS ACCEPTANCE CORP
VS
MAHURIN PANDORA
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
MA_HURIN PA/qDORA the
DEFENDANT , at 2108:00 HOURS, on the 14th day of August , 2003
at BETTY NELSON COURT
CARLISLE, PA 17013
DAVID HENSON, COHABITATOR,
LOT 136
by handing to
ADULT IN CHARGE
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:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
08/15/2003
LAVIN COLEMAN ONEIL RICCI FINA
Deput~ Sheriff
LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY
By: Alysa Talarico, Esquire
Identification No. 84512
Peim Mutual Tower, 10th Floor
510 Walnut Street
Philadelphia, PA 19106
Attorneys for Plaintiff
GENERAL MOTORS ACCEPTANCE
CORPORATION
5700 Crooks Road
Suite 304
Troy, MI 48098
Plaintiff,
VSo
PANDORA MAHURIN
36 Betty Nelson Court
Carlisle, PA 17013
Defendant.
COURT OF COMMON PLEAS
CUlVlBERLAND COUNTY
DOCKET NO. :03 -3466
..................... NOTICEn0F IIqTENTION TO
TAKE DEFAULT
TO/PARA: PANDORA MAHURIN
DATE OF NOTICE/FECHA DEL AVISO: September 5, 2003
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.
YOIY~HOULD T~.E 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:
LAWYER REFERENCE SERVICE
Cun~erland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717)249-3166
AVISO IMPORTANTE
Usted esta en rebeldia porque ha fallado en tomar 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 illevar este
aviso a un abogado enseguida. Si usted no fiene un abogado o no puede pagar por los servicios de un abogado,
debe comunicarse con la siguiente ofieina para averiguar donde puede obtener ayuda legal:
LAWYER REFERENCE SERVICE
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
BY:Alysa ~a~co, l~squire
Attomb~y ~r~.~aii[tiff,
Generall~IotorsT~cccptanc¢ Corporation
LAVIN, COLEMAN, O'NEIL,
RICCI, FINARELLI & GRAY
Penn Mutu~l~9~_er, 10th
510 Walnut Street
Philadelphia, PA 19106
(215) 627-0303
LAVIN, COLEMAN, O'NEIL, RICCI, FINARELLI & GRAY
By: Alysa Talarico, Esquire
Identification No. 84512
Penn Mutual Tower, 10th Floor
510 Walnut Street
Philadelphia, PA 19106
Attorneys for Plaintiff
GENERAL MOTORS ACCEPTANCE
CORPORATION
5700 Crooks Road
Suite 304
Troy, MI 48098
Plaintiff,
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.:03-3466
PANDORA MAHURIN
36 Betty Nelson Court
Carlisle, PA 17013
Defendant.
CERTIFICATION OF MAILING
OF NOTICE OF INTENTION TO TAKE DEFAULT
Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray, by the undersigned, hereby certifies that on
September 5, 2003, the attached Notice of Intention to Take Default was sent by first class mail to:
PANDORA MAHUR1N
36 Betty Nelson Court
Carlisle, PA 17013
DATED:
LAVIN, COLEMAN, O'NEIL, RICCI,
FINARELLI & GRAY
BY Alys~q~re~
Attorney for P~intif ,f7''--~
General Motors Acceptance Corporation