HomeMy WebLinkAbout07-5019IN THE COUIZ"I' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIV[I~ DIVISION
GMAC, LLC
Plaintiff
vs.
KEITI-I DUMONT
Defendant
COMPLAINT IN CIVIL ACTION
FI[ ED ON BEHALF OF
Plaintiff
COUNSEL OI~ RECORD OF
TI-[IS PAR"CY:
William T. Molczan, Esquire
PA I.D. #47437
W ELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA l X219
(412) 434-795>
W~VR#0604613
IN THE COURT OF COMMON PLEAS CUMBERLAND COiTNTY, PENNSYLVANIA
CIVIL., DIVISION
GMAC, L:L.C
Plaintiff
vs. Civil Action No. 47- Sa/`! ~ ~~"'
KEITH DUMONT
Defendant
COMPLAINT IN CIVIL ACTION AND NOTICE TO Dl+/FJLND
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 an 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 wi hoot you. and a judgment may be entered against you. by the court v~~ithout further notice for
any money claimed in the complaint or for anv other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you..
YOL1 S1dOULI) "TAKE THIS PAPER. "LO YOUR LAW1'1?R A`C ONCE. IF YOLJ DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPI-IONF, TLIE OFFICE SET
FORTH BELOW TO FIND UtJT WHERE.., YOtT C"AN GET LEGAL HELP
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND CO[ ~NTY BAR ASSOCIATION
32 SOUTH BI'DFORD STREET
CAI2I_ISI,E, PA 17013
(717) 24z?-3166
COMPL!~INT
1. Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301.
TROY, IVII 48098-0000
2. Defendant is an adult individual residing at 436 C STRET;T CARLISLE, PA 17013.
3. On or about 5/26/06, Defendant duly executed. a RETAIL INSTALMENT SALE
CONTRACT (hereinafter the ``Contract") a true and correct copy of said. is attached hereto, marked as
Exhibit "1"and made a part hereof.
4. Pursuant to said Contract, Defendant took possession of the vehicle more p~~n•ticularly
identified in the Contract as a 2006 CI IEVROLIT TAIIOE.
5. Plaintiff avers that Defendant is in default of the Contract by having not made payment to
Plaintiff as promised, thereby rendering the entire balance immediately due and payable.
6. Plaintiff avers that a balance of $ 15,17.97 is due from Defendant as of Jl1LY 10, 2007.
7. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to
interest at the rate of 5.9% per annum.
8. Plaintiff avers that the Contract between the parties provides that Defendant will pay
Plaintiff's reasonable attorneys' fees.
9. Plaintiff avers that such attorneys' fees amount to $1500.00.
10. Although repeatedly requested. to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant, KEI:TII DIJMONT, individually,
in the amount of $ 15,175.97 witi~ continuing. interest thereon at the Contract rate of 5.9°,/o pcr annum
fi•oln JULY 10, 2007, plus attorneys' fees of $150.00 and costs.
THIS IS AN ATTEMPT TO COLLECT A :DEBT AND ANY INFORMATION OBTAINED
SHALL L3E USED FOR THAT PURPOSE.
WELTMAN, WEINI3ERG &REIS, CO., L.P.A.
William T. Molcz~, Esquire
PA I.D. #47437
WELTMAN, WEINBERG &REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
T'ittsburgh, PA 15219
(412) 434-7955
V~' WR#:060461
RETAIL INSTALMENT CONTV 023025362 ;
R 001. 00000675309 /00022 FILE
GMAC FLEXIBLE 001i1682i00241 PFOLD 1GNEK13T66J100741
Dealer Number
~reu I~~~ j~~~l~l~l~.1~!~~~~~!i'I~~'~III~I~'I~~~I~
Buyer (and Co-Buyer} -Name and address (include county and zip code)
KEITH DUMOIlT
436.. C STREET
CARLISLE PA 17013
FAULKNER HARRISBURG,
2060 PAXT0~1 STREET
HARRISBURG, PA
^~/Q
Type of Insurance , Term
Premium $
(Insurance Company)
JIJN n i Zaub
ou, 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
nder 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
avment schedule shown below. We will figure the Finance Charge on a daily basis.
Jew or Used Year Make and Model Vehicle Identification No. Prim Ube for Which Purchased
USED
006
CHE~fROLET TAHOE
1GNEK13T66J100741 ^ personal, famiry, flr household ^ agricuRural
^ business ^
'our trade-in is'a: Year t qq~ Make~~~ Model
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Payments
PERCENTAGE CHARGE Financed The amount you
RATE The dollar The amount of wiA have paid after
The cost of your amount the credit provided to you have made all
credit as a yearly credit will cost you or on your payments as
rate. you. behalf. scheduled.
~s_gn °,°~$ 6367 96
$ awe °ev~.--ra-
Total Sale Price
• The total cost of
your purchase on
credit, including
your downpayment
of $~-is
Insurance. You may buy the physical damage
insurance this contract requires (see back) from
anyone you choose who is acceptable to us. You are
not required to buy any other insurance to obtain
credit Your decision to buy or not buy other
insurance will not be a factor in the credit approval
process.
If any insurance is checked below, policies or
certificates from the named insurance companies will
describe the terms and conditions.
Your Payment Schedule Will Be: I
Number
of Payments Amount
of Payments When Payments
Are Due Or as
Follows
Monthly beginning
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. Otherwise, the charge will be 29'° 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.
Prepayment. If you pay off all your debt early, you will not have to pay a penalty.
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, and security interest
ITEMIZATION OF AMOUNT FINANCED
1 Cash price (including any accessories, services, and taxes) $ (1)
2 Total downpayment = (If negative enter '0' and see line 4H below)
Gross trade-in $ qqS() !7n -payoff byseller $ ~~7~ ~q
= net trade-in $ -?4 99 + cash $ N /A
+ other (describe) $ pip $ (2)
3 Unpaid balance of cash price (1 minus 2) $ (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 $ N-~A
Disability $ N /A $ u / n
B Other insurance paid to the insurance company
(describe) $ Y / D
C Official tees paid to govemment agencies $ Y / ~
D Govemment taxes not included in cash price $
E Government license and/or registration fees
$ '29 d[
F Govemment certificate of title fees
(includes $ security interest recording fee) $_~~~_
G Other charge er must identify who is paid and
describe purpose.)
FALLKNER HAR [?~C F€E $ « ^^
to for $
Check the insurance you want and sign below:
Optional Credit Insurance.
^ Credit Life: ^ Buyer ^ Co-Buyer
Term
^ Credit Disability (Buyer Only)
Term
Premium:
Credit Life $
credit Disability $ ~~ A
urance Company)
e 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 pays the unpaid part of the amount
financed 'rf you die. This insurance pays only the
amount you would owe if you paid all your payments
on time. Credit disability insurance pays the
scheduled payments due under this contract while
you are disabled. This insurance does not cover
any increase in your payment or in the number of
payments. The policies or certificates issued by the
named insurance companies may further limit the
coverage that credit life or credit disability insurance
provides. See the policies or certificates for
coverage limits and other terms and conditions.
Otherlnsurance.
IRC.
17105
(Home Office Address)
I want the insurance checked above.
o ~o ~.+aw iv u~c insurance company
(describe) $ V / ~
C Official fees paid to govemment agencies $ V / A
D Govemment taxes not included in cash price $
E Government license and/or registration'fees
$ ~7 d[
F Government certificate of title fees
(includes $ security interest recording fee) $
G Other charge er must identify who is paid and ~-
describe purpose.)
FA11LKi4ER HAR-~~F€i
t $ « ~~
o for $
Gad'-PRAT~~Tt,Tn~_~o Tuc $ ~~~ n~
GIMP MA~BP~v~--t~,-r-~~nnn $
M~taA IIhJA $ Nis
N f~ i~JA $ lu / s
H Net trade-in payofflil~TIONAL CITY $_ 24-g9-
Total other charges and amounts paid to others on your behalf $3515 ~{~ (4)
Amount financed (3 + 4) $~,: ~ ~ (5)
6 Finance charge ~ (g)
636~~---
7 Total of payments -time balance (5 + 6) ~088'~ (7)
you do not meet your contractual obligations, you may lose your motor vehicle.
provides. See the policies or certificates for
coverage limits and other terms and conditions.
Otherlnsurance.
^ N!A
Type of Insurance '7erm
Premium $
~ in
(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.
~W THIS CONTRACT CAN BE ED. tract contains the entire agreement between you and us relating to this contract. Any change to the
~ntract must be in w 't'ng and we ust sig it. oral ch nges are bi ding.
Ayer Signs iX Co-Buyer Signs X
sny 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.
.r example, we may extend the time for making some payments without extending the time for making others.
~u authorize us to obtain information about you, or the vehicle you are buying, from the state motor vehicle department or other motor vehicle registration
thorities.
e back for other important agreements.
not sign this contract on a Sunday.
>ie Annual Percentage Rate maybe negotiable with the Seller. The Seller may assign this contract and retain its right
receive a part of the Finance Charge.
Notice to Buyer.
o not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep
to protect your le
yer Signs X 5/~e/Q6 Co-Buyer Signs X Date
~u agree to the terms of this contract. You confirm that before you signed this contract, we gave it
you, and you were free to take it and review it. You confirm that you received a completely
led-in copy when y s
'e: Signs X cK/ rr~- ~ a ~ ~,~`T3~~06 Co-Buyer Signs X DateN~A
Buyers and Other 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
vehicle but does not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
er owner signs here X ~5~~~~Q~ Address
jitor
alter assigns its interest in this contract to:
ider the terms of Seller's agreement(s) with
Assigned with recc
Seller
-A/A6 By X ]"~
General Motors Acceptance Corporation (GMAC)
Title
Seller
i FR-PA 3/2005 (For Use in the State of Pennsylvania) (1 of 4) Notice: See Other Side
fright 2004 General Motors Acceptance Corporation. All Rights Reserved.
Title fir.
^ GMACA ^ Novell Credit Corporation,
hoot recourse or with limited recourse
Title
Q'fdi(afi'+3~AL
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 P~A~r.C.S. §4904 relating to
unsworn falsifications to authorities, that he/she is V~' "~'~' ~~~'1 ~O~
(~ ~ A np (Name)
~, S ~ of (A ~~ ~LU ,plaintiff herein, that
Title) (Company)
he/she is duly authorized to make this Verification, and. that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his'her knowledge, information and belief.
.1~~~
(Signature)
WWR#06046135
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-05019 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC LLC
VS
DUMONT KEITH
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DUMONT KEITH
the
DEFENDANT at 1655:00 HOURS, on the 23rd day of August 2007
at 436 C STREEET
CARLISLE, PA 17013 by handing to
CYNTHIA DUMONT ADULT IN CHARGE
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
Af f idavi t
Surcharge
9IOL f b7
18.00
4.80
.00
10.00
.00
32.80
Sworn and Subscibed to
before me this
day
of
So Answers:
.~
1r
R. Thomas Kline
08/24/2007
WELTMAN WEINBERG REIS
By:
Deput Sheriff
A.D.
~'.
~~
N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLANIA, CIVIL DIVISION
G~VIAC, LLC
PLAINTIFF FILE NOl,6- 5019
VS
KEITH DUMONT
DEFENDANT
CIVIL ACTION
ANSWER TO COMPLAINT WITH AFFIRMATIVE DEFENSES
1. In response to paragraph one of Plaintiffs Complaint, Defendant neither admits
nor denies the same as he is without sufficient information to form a belief as to
the truth and veracity of this paragraph.
2. In response to paragraph two of Plaintiffs complaint, Defendant admits the same.
3. In response to paragraph three of Plaintiffs complaint, Defendant neither admits
nor denies the same but leaves Plaintiff to its strict proofs.
4. In response to paragraph four of Plaintiffs complaint, Defendant admits that he
took possession of a 2006 Chevrolet /Tahce.
~,
5. In response to paragraph five of Plaintiffs complaint, Defendant admits that he
By: Gan Law Group
voluntarily returned a 2006 Chevrolet Tahoe to GMAC after certain
recommendations and promises were made to him.
6. In response to paragraph six of Plaintiffs complaint, Defendant neither admits
nor denies the same as he is without sufficient information to form a belief as to
the truth and veracity: of this assertion.
7. In response to paragraph seven of Plaintiffs complaint, Defendant neither admits
nor denies the same but leaves Plaintiff to its strict proofs.
8. In response to paragraph eight of Plaintiffs complaint, Defendant denies that he
agreed to .pay attorney fees under the terms of the contract.
9. In response to .paragraph nine of plaintiff s complaint, Defendant denies the
same as it is untrue as plead.
10. In response to_ paragraph ten of plaintit~ s complaint, Defendant denies the same
as it is untrue as plead.
WHEREFORE, Defendant respectfully prays that his complaint be dismissed, with
prejudice as to all matters contained herein.
4 ~2~0~-
64 South Pitt Street
Cazlisle, Pa 17013
717-241-4300
ID 68721
AFFIRMATIVE DEFENSES
Now comes Defendant Keith Dumont and for his al~rmative Defenses state as follows.
1. That it was fraudulently misrepresented to him that if he returned the motor
vehicle in question he would not sustain further costs and or chazges which
constitutes fraud and misrepresentation.
2. That Plaintiff in :sending the vehicle to an;automobile auction, rather than
attempting to resell it on a retail basis, improperly and with design, denigrated the
actual value. of the vehicle, constituting fraud and misrepresentation.
3. That Plaintiff, in refusingto properly mazket the returned vehicle failed to
properly and fully mitigate its damages.
4. That Plaintiff improperly and with design extended credit to Defendant which was
contrary to his income and current responsibilities and guaranteed the failure on
this loan.
5. That the above actions were also done in order to mislead the Defendant and
provides a basis to declaze the contract void ab initio as the terms and conditions
upon which the contract was entered into were fraudulent and illusory.
Z U~
By: Gan Law Group
64 South Pitt Street
Cazlisle, Pa 17013
717-241-4300
ID 68721
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DIVISION
GMAC, LLC,
Plaintiff
vs.
KEITH DUMONT
Defendant
No. 07-5019 CIVIL TERM
PRAECIl'E TO SETTLE, DISCONTINUE
AND END WITH PREJUDICE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Patrick Thomas Woodman,Esquire
PA I.D. # 34507
Weltman,Weinberg &Reis,Co.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh,PA 15219
WWR#06046]35
iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC,
Plaintiff
vs. Civil Action No. 07-5019 CIVIL TERM
KEITH DUMONT
Defendant
PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice
and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ~~- ~~ lam'"---
Patrick Thomas Woodman,Esquire
PA I.D. # 34507
Weltman,Weinberg &Reis,Co.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh,PA 15219
WWR#06046135
Sworn to and subscribed
Before me the
Day of February, 2 8
NO'PARY PU~'I,IC
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