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Home My WebLink About07-5988 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. C)q- ,5988 C(Vi l ?rm vs. COMPLAINT IN REPLEVIN HARVEY J CASSELL Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty, Esquire PA I.D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 1.9106 215-599-1500 WWR#06262973 NOTICE TO DEFEND IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE AVISO IMPORTANTE YOU HAVE FAILED TO TAKE ACTION USTED ESTA EN REBELDIA PORQUE HO FALLADO EN TOMAR REQUIRED OF YOU IN THIS CASE LA ACION EXIDIDA DE SU UNLESS YOU ACT WITHIN TWENTY DAYS PARTE EN ESTE CASO FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST . A MENOS DE LA FECHA DE YOU WITHOUT HEARING AND YOU MAY USTED ACTUE DENTRO DE DIEZ DIAS DE LA FECHA DE ESTE LOSE YOUR PROPERTY OR OTHER AVISO, SE PUEDE REGISTRAR IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER UNA SENTENCIA CONTRA USTED AT ONCE. IF YOU DO NOT HAVE SIN EL BENEFICIO DE UNA AUDENCIA Y PUEDE PERDER A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING SU PROPIEDAD O OTROS OFFICE TO FIND OUT WHERE YOU DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA CAN GET LEGAL HELP: AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. HARVEY J. CASSELL Defendant No. 67- 59,PT &,Uj 7. COMPLAINT IN REPLEVIN COUNT I - REPLEVIN 1. Plaintiff is a corporation having offices at 480 Jefferson Boulevard, RJE 350, Warwick, Rhode Island 02886.. 2. Defendant is an adult individual residing at 2 Rasberry Drive, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff is the holder of a Retail Installment Sale Contract (hereinafter the "Contract") secured by a motor vehicle duly executed and delivered by Defendant in favor of Plaintiff on or about January 12, 2007. A true and correct copy of the Retail Installment Sale Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the equipment more particularly identified in the Contract as a 2004 GMC Yukon, Vehicle Identification Number, 3GKFK I 6T4G273426. 5. Under the terms of the Contract, Defendant was to make monthly payments. 6. Defendant has failed to make the required monthly payments. 7. Defendant is in default of the terms and conditions of the Contract because Defendant has failed to make the required monthly payments. Plaintiff is entitled to immediate possession of said which Plaintiff holds a security interest in and any proceeds of the, including insurance proceeds by virtue of Defendant's default. 9. Plaintiff has performed all conditions precedent as holder of all right, title, and interest in the collateral, but Defendant wrongfully remains in possession of vehicle at the above stated address. 10. Under the terms of the Contract, Defendant is obligated to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, Harvey J. Cassell, as follows: A. For possession of the vehicle, more particularly identified as 2004 GMC Yukon, Vehicle Identification Number, 3GKFK16T4G273426. WELTMAN, WEINBERG AND REIS, CO. L.P.A. Michael J. Dou erty, Esquire W WR#:06262973 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. EXHIBIT 1 4105841678 PDP TITLE ADMINISTRATI 11:37:16a.m. 08-14-2007 5/16 t?. yt t? RETAIL INSTALMENT GMAC FLEXIBLE I CONTV 023993888 R 001. 00000730987 Dealer Number 44020A 001/83'I7/00794 X00012 FILE Buyer (and Co-Buyer)-Name and address (include county and zip code) ? PFOLD 313,1KFKI6T24G273426 HARVEY J CASSELL 2 RASPBERRY RD FREYSINGER PONTIAC GHC BUICK, INC 6251 CARLISLE PIKE wror tan° w ttuyer, if any}, may buy the scribed below under the agreements n the below. front and back of this contract. You agree signing this cont Payment schedule shown vehicle de for cash or on credit. By rac t. you choose to buy the vehicle on credit o paybasis. us, the Creditor, the Amount Financed and Finance Charge according to the New or used Year We will figure the Finance Charge an a dailty Make and Model GHC Your trade-in Is a: Year Make Model ANNUAL PERCENTAGE RATE The cost of your credit as ayearly rate. - 12. % FEDERAL TRUTH-IN-LENDING DISCLOSURES FINANCE CHARGE The dollar amount the credit will cost you. Your Payment Schedule will - Be: Amount Total of Payments Financed The amount you The amount of` will have paid after credit provided to you have made all you IN on your behalf payments as . scheduled. ;147n1 gq t dSf17-11n $rnma use for Which Purchased Total Sale Price The total cost of your purchase on credit, including your downpayment of $-AZZS-61it Wrsonal, family, or household ? agricukural El business ? Insurance. You may buy, the physical damai insurance this contract requires (see back) fro anyone You choose who is acceptable to us. You a, not required to buy any other insurance to obta credit. Your decision to. buy or not buy othi insurance will not be a factor In the credit approv,. process. it any insurance is checked below, policies c certificates from the named insurance companies wi describe the terms and conditions. Check the insurance you want and sign below. Late Charge„ If a payment is not received In full within 10 days after it is due, you will charge. If the vehicle Is a heavy commercial motor vehicle, the harge will be 4% 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. Prepayment. if you payoff all your debt early, you wiA not have to pay a penalty. Security Interest, You are giving a security interest in the vehicle being purled. Additional Information: See this contract for more information including information about nonpayment, default, any required repayment in full before the scheduled date, and sari mif„ :.,,e...... ITEMIZATION OF AMOUNT FINANCED 1 Cash rlce (including any accessories, services, and taxes) 2 T°fW d°"rn Payment-- ff ne ative enter '0" and see line 4H below) Gross trade-in S $ (1) -pa off seller S = net trade-in $ + cash $ + other describe) I Unpaid balance of cash price (1 minus 2) $ $ (2) I Other charges Including amounts paid to others on your behalf (Seller may keep part of these amounts.): $ (3} A Cost of optional gredit insurance paid to the insurance cOmPany or companies Life a Disabili $ B Other insurance paid to the insurance company 3 -?` ff"?'d? . (describe) 4 C fficial fees paid to govemment agencies $ 0 Gov_ ernnment taxes not included in rash ,,.;,, e Optional Credit insurance. O Credit Ufa: ? Buyer ? Co-Buyer Term O Credit Disability (Buyer Only) Term Premium: Credit Life $ Credit Disability $ -----NLA (Insurance Company) (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 mu sign and agree to pay the extra cost. Credit life nsurance pays the unpaid part of the amount financed if you die. This insurance pays only the amount you would owe if you paid all your payments n time. Credit disability insurance pays the Cheduled payments due under this contract while x are disabled. This insurance does not cover iy increase in your payment or in the number of ryments. The policies or certificates issued by the Imed insurance companies may further limit the average that credit life or credit disability insurance Dvides. See the policies or certificates for ve?age limits and other terms and conditions. Is Y a P a cc pr cc 4105841678 PDP TITLE ADMINISTRATI keep part of these amounts.): ens on your behalf (Seller may A Cost of optional credit insurance paid to the insurance company or companies We $ Disabili. $ B Other insurance paid to the insurance company describe $ C Official fees pad to Merriment a envies D Government taxes not included in cash rice $ E Government license and/or registration tees $ '..........,,ter 3 Unpaid balance of cash price (1 minus 2) $ 4725 (2) 4 Other charges including amounts paid 10 oth $ (3) F Govemment Ica [e Co b e ees $ x:-98--- (includes ecurity Interest recording fee) $ G Other charges a must Identify who Is paid and describe .) to for $ to for $ to to for for $ 77 nn to to for H Nettrade-!n for off to $ `--- ?? Total other cha and amounts aid to others on 5 Amount financed 3 $ / d behalf $ f eQn 9A(4) 6 Finance char + 4 $ (5) Total of PlYments time balance 5 + li $ -AU • (6 $ ?.00(7) If you do not most your contractual obligntlons, you may lose your motor vehcci 11:37:59 a.m. 08-14-2007 6/16 insurance pays the unpaid part of the amoun financed if you die. This insurance pays only the amount you would owe if you paid all your payment; 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, Other Insurance. Type of IrlyNce Premium $ A (insurance Company) Term (Home Office Address) I want the insurance checked above. X Buyer Signature Date K CO-Buyer Signature D-ft ] !NY INSURANCE REFERRED TO IN 'HIS ONTRACT DOES NOT INCLUDE COVERAGE 'OR PERSONAL LIABILITY AND PROPERTY IAMAGE CAUSED TO OTHERS. HOW THIS CONTRACT CAN Or: CHANCi e. contract Bu r S mu ns WWw g asth ruing emu s si at ains indingthe entire agreement between you and us relating to this contract. Any change to the . Co-buyer Si ns X If any part o this contract is not valid, aU other parts stay valid. We may delay or retrain 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 makirrg others. You authorize us to obtain information about you, or the vehicle g atm rlties. you are buying, See back for other important agreements, n. _ from the state motor vehicle department or other motor vehicle registration _a,• ?- Fvnuam on a Sunday. The Annual 'P?rcentage Rate may be negotiable with the Seller. The Seller may assign this contract to receive a part, of the Finance charge, and retain Its right Notice Do not sign this contract in b a Yo to Buyer. It to prof ct our I ri h X175 fzMed to an exact copy of the contract you Os1i , Keep Buyer Signs ??20Q7 Date Co-Buyer Signs X Date You agree t e rms of this contract. You confirm that before you signed this contr act' we to you, and you w re free to tak It and review it. You confirm that you received a?gave it filled-in y when si ne 0111212007 91,y Buyer ' Buy-Buyers er ii an Ottrer Date Co-Buyer Signs X A co-buyer Is a arson Date the vehicle but does t have to pay the debt. The other wneo is responsible for paying the entire debt. An other owner is a person whose name is on the title to ?W curit interest in the vehicle given to us in this contract. Other owner signs here x Date Address Creditor Signs 12 07 By D X Seller assigns its interest in this contract to: 11 GMAC Title under the terms of Seller's agreement(s) with assignee. ? NuveJl Nations! Auto Finance ?GMAC Nuvell Credit Company, Assigned with recourse FREY$ NG (Y s"Q'j} "`?"j eI ?Ie simile ouse ?f rt,? Setter By Title ??? VERIFICATION I, Michael J. Dougherty, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Response to Preliminary Objections are true and correct to the best of my knowledge, information and/or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Z14 Mi el J. Do gherty Date /! y D) 4 ? O+p7?'? 00 C) C N ?a O N W Q } `i??' "Y. V CIA) SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05988 P COMMONTWEALTH OF PENNSYLVANIA QOUNTY OF CUMBERLAND GMAC LLC VS CASSELL HARVEY J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CASSELL HARVEY J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT CASSELL HARVEY J 2 RASPBERRY DRIVE MECHANICSBURG, PA 17050 PER RESIDENT, DEFENDANT IS SUPPOSED TO BE IN BANKRUPTCY AND LIVING AT 6160 SPRINGFORD DR APT C6 HARRISBURG 17111 Sheriff's Costs: Docketing 18.00 Service 10.56 Not Found 5.00 Surcharge `p? 10.00 .00 \IV ? 43.56 So answers- R. Tho as Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 11/07/2007 Sworn and Subscribed to before me this day of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. HARVEY J CASSELL RAYMOND PROZIOC Defendants No. 07-5988 AMENDED COMPLAINT IN REPLEVIN FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty PA I.D #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 1120 Philadelphia, PA 19106 215-599-1500 WWR#06262973 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. HARVEY J CASSELL RAYMOND PROZIOC Civil Action No. 07-5988 NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 in filing in writing with the Court your defenses or objections to 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 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 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: AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demanddeas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha dela demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a 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 continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. usted puede perder dinero o sus propiedadas u otros drechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTA. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ADAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. HARVEY J. CASSELL And RAYMOND PROZIOC Defendants No. 07-5988 COMPLAINT IN REPLEVIN AMENDED COMPLAINT COUNT I - REPLEVIN 1. Plaintiff is a corporation having offices at 480 Jefferson Boulevard, RJE 350, Warwick, Rhode Island 02886. 2. Defendant, Harvey J. Cassell, is an adult individual who at all times pertinent hereto resides at 6160 C-6 Springford Drive, Harrisburg, Pennsylvania 17111. 3. Defendant, Ray Prozioc, is an adult individual residing at 2 Rasberry Drive, Mechanicsburg, Pennsylvania 17050. 4. Plaintiff is the holder of a Retail Installment Sale Contract (hereinafter the "Contract") secured by a motor vehicle duly executed and delivered by Defendant, Harvey J. Cassell, in favor of Plaintiff on or about January 12, 2007. A true and correct copy of the Retail Installment Sale Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 5. Pursuant to said Contract, Defendant, Harvey J. Cassell, took possession of the equipment more particularly identified in the Contract as a 2004 GMC Yukon, Vehicle Identification Number, 3GKFK16T4G273426. 6. Under the terms of the Contract, Defendant, Harvey J. Cassell, was to make monthly payments. 7. Defendant, Harvey J. Cassell, has failed to make the required monthly payments. Defendant, Cassell, is in default of the terms and conditions of the Contract because Defendant, Cassell, has failed to make the required monthly payments. 9. Plaintiff is entitled to immediate possession of said which Plaintiff holds a security interest in and any proceeds of the, including insurance proceeds by virtue of Defendant, Cassell's default. 10. Plaintiff has performed all conditions precedent as holder of all right, title, and interest in the collateral, but Defendant, Cassell, wrongfully remains in possession of vehicle at the above stated address. 11. Under the terms of the Contract, Defendant, Cassell, is obligated to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, Harvey J. Cassell, as follows: A. For possession of the vehicle, more particularly identified as 2004 GMC Yukon, Vehicle Identification Number, 3GKFK16T4G273426. COUNT II GMAC v. RAY PROZIOC 12. Plaintiff incorporates all preceding and forthcoming averments as if fully set forth at length herein. 13. Upon information and belief, Defendant, Prozioc, is in possession of the 2004 GMC Yukon, Vehicle Identification Number, 3GKFK16T4G273426. 14. Plaintiff is entitled to immediate possession of said which Plaintiff holds a security interest in and any proceeds of the, including insurance proceeds by virtue of Defendant, Cassell's default. WHEREFORE, Plaintiff prays for Judgment against Defendant, Ray Prozioc, as follows: For possession of the vehicle, more particularly identified as 2004 GMC Yukon, Vehicle Identification Number, 3GKFK16T4G273426 WELTMAN, WEINPER.G AND REIS, CO. L.P.A. WWR#:06262973 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. EXHMIT 1 aL- RETAIL INSTALMENT GMAC FLEXIBLE i CONTV 023993888 R 001. 0000073091117 /00012 FILE Dealer Number 44020_ 001/8317/00794 PFOLD 3GKFK16T24C273426 Buyer (and Co-Buyer) - Name and address (include county and zip code) HARVEY J CASSELL FREYSINGER PONTIAC GMC BUICK, INC 2 RASPBERRY RD 6251 CARLISLE PIKE You, the Buyer (and Co-Buyer, it arty), may buy the vehicle described below for cash or on credit. By sigrang 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 schedtale shown below. We will figure the Finance Charge on a daily basis. New or Used Year Make and Model Vehicle Identification No. Prknary Use for Which Purchased G11C M10tirsona 1, family, or household O agricultural O business ? Your Wade-in Is a Year 15197 Make FRRD ModeIEXPE FEDERAL TRUTH-IN-!ENDING DISCLOSURES ANNUAL FINANCE Amount Total of Payments Total Sale Price PERCENTAGE CHARGE Financed The amount you The total cost of RATPr : • The dollar The abiotut of will have paid after your purchase on The cost of your amount this credit provided to you have made all credit, including credit as aye" credit will cost you or on your payments as your downpayment rate. YOU- behalf. scheduled. Of $ A?7S- is 12-35-% % s $$71.1 $ 2t;7n4_ 9 s ?45Q7_nn s Al insurance. You may buy the ptlysical 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 obtair credit Your decision b. buy or not buy other insurance will not be a factor in the credit approval process. It any insurance is checked below, policies or certificates from the named insurance companies will describe the terms and conditions. Check the Insurance you went and sign below: Optional Credit Insurance. Late Chwge. If a payment is not received in fug within 10 days after it Is due, you will pay a late charge. It 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 2% per month of the part of the payment that is late, figured based on a hag calendar month for any part of a month that is more than 10 days. Pi spe"eritr 0 you pay off all your debt early, you wig 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 nonpaymert, default, any required repayment in full before the scheduled date, and security interest ITEMIZATION OF AMOUNT FINANCED I Cash price ('including any accessories, services, and taxes) a 9R99S _ O?(11 2 Total 0mripayment = (if negative enter V and see line 4H below) Gross trade-in S SOM-()0 -rayon by seller $ 6224 39 net trade-ht s M,224- 29 + cash $ GOOD 00 + other (describe) $ ,A $ 47ZS..61(2) 1 unpaid balance of cash price (i minus 2) $ 24219 39(3) I Other charges including amounts paid to others on your behalf (Sefler may keep part of these amounts.): A Cost of optional r redd insurance paid to the insurance company or companies Life $ Y/d Disabilly $ MIA t NIA B Other insurance paid to the insurance company describe S N I a C Official tees paw to government agencies $ Y / A 0 Government taxes not included in rata, nriro t O Credt Life: ? Buyer ? Co-Buyer . Term O Credit Disability (Buyer Only) Term Premium: Credit Ufa $ MIA Credit Disability $ - (Insurance Company) (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 rust. Credit life insurance pays the unpaid part of the amount financed 0 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 white 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 Omit the coverage that credit life or credit disability insurance provides. See the policies or certificates for coverage limits and other terms and conditions. Your Payment Schedule Will Be: r 1 - 3 Unpaid balance of cash price (f minus 2) $ 24219 39M 4 Other charges including amounts paid to others on your behalf (Setter may keep part of these amounts.): A Cost of optional credit insurance paid to the insurance company or companies Life $ NIA Disability $ M A $ MIA B Other insurance paid to the insurance company (describe) N !A _ $ NIA C Official fees d to government agencies $ D Government taxes not included in cash price !,_ $ __ , ?-rn _7n_ E Government license and/or registration fees s_? ? F Government oa es (H-dudes Interest recording fee) $ G Other charges ' e rust Identify who is paid and - describe purpose.) "Pill F" . to for MAP ppp $ to UtMLtK for UM rct $ to ;RI V N !kx 4r nc $ 77 0 ID for $ NIA to NIA for 1 1A_ $ MiA_ to MIA 1 for NIA $ N/A H Net trade- In payoff to $ NIA Total other charges and amounts paid to others on yo ur behalf $ ] `4A A(4) 5 Amount financed (3 +4) $ 25709.59(5) 6 Fftnce chance s 8877. I l 7 Total of RMents - time balance (5 + 61 $ 34587. QE) If you do not meet your contractual obligations, you may lose your motor vehicle. ? ........... w., t-Y. - w cuu Fail VI ti m to llulll l financed if you die. This insurance pays only the amount you would owe if you paid all your payment; 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 Emit the coverage that credit life or credit disability insurance provides. See the policies or certificates for coverage limits and other terms and conditions. Other Insurance. Type of fn$p/rice Term Premium $ R H (insurance Company) (Horne Office Address) I want the insurance checked above. X .Ai 119/9t1( 7 Buyer Signature Date X Co-Buyer Signature D 7 ANY INSURANCE REFERRED TO IN 'PHIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. HOW THIS CONTRACT CAN 1$E CHANGAD. contract contains the entire agreement between you and us relating to this contract. Any change to the contract must in ling qpd?v emu sig changes are binding. W_ a' Co-Buyer Signs X N any part 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 wlthk)ut exW4rg the time for making others. You authorize us to obtain information about you, or the vehicle you are buying, from the state motor vehicle department or other motor vehicle' registration authorities. See back for other Important agreements. Igo not sign this gor?tracf on a Sunday. The Annual (Ptl r6entage Rate mayy be negotiable with the Seller. The Seller may assign this contract and retain Its right to recelve a part of the Finance charge. Notice to Buyer. Do not sign this contract in b a . Yo r? i? Yed to an exact copy of the contract you sign. Kee it to prof t our 1 ri h ?1??zf2007 0]?12120Q7p Buyer Signs Date Co-Buyer Signs X Date You agree t e rmS of this contract. You confirm that before you signed this contract, we gave it to you, and you w re free to take it and review it. You confirm that you received a X91 y filled-in when si ne 0111212007 Buyer Date Co-Buyer Signs X Date Co-Buyers sn Othe - A cUuyer is s 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 have to pay the debt. The other ownerdl?y2t? curity interest in the vehicle given to us in this contract. Other owner signs here X Date /I Address Creditor Signs i Z Q7 By X Title (/P Seiler assigns its interest in this contract to: ' i.7 GMAC under the terms of Seller's agreement(s) with assignee. recourse Nuvell National Auto Finance ? FREY Nuvell Credit Company, rite pourse Setter By Title VERIFICATION PAGE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, that he/she is y Q it n-C 11 1tZ1 laintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and convect to the best of his/her knowledge, information and belief. g.q.oy Date n 1 (Signature) C ? ` CO ? -r, x..y.J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05988 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS CASSELL HARVEY J R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT CASSELL HARVEY J but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - REPLEVIN On October 8th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 47.25 Sheriff of Cumberland County Postage .93 85.18 10/08/2008 WELTMAN WEINBERG REIS Sworn and subscribe to before me this day of County, Pennsylvania, to to wit: in his bailiwick. He therefore A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-05988 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC LLC VS CASSELL HARVEY J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named ADD'TL DEFEND unable to locate Him in his bailiwick /1 ANT T T l'7kTT nT-1 T]T LET 7T TT LA was He therefore returns the the within named ADD'TL DEFEND , PROZIOC RAYMOND 2 RASPBERRY DRIVE MECHANICSBURG, PA 17055 LOTS OF MAIL IN MAILBOX. NOT FOUND , as to PPL SHUT OFF ELECTRICITY ON 9/16/08. Sheriff's Costs: So answe Docketing 6.00 " Service 20.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 /C/i3/oq 41.00 WELTMAN WEINBERG REIS 10/08/2008 Sworn and Subscribed to before me this day of , A. D. In The Court of Common Pleas of Cumberland County, Pennsylvanis GMAC LLC vs. Harvey J. Cassell et al serve same 07-5988 civil No. Now, September 2, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?0'',5 Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to 20 , at o'clock copy of the original So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA M. served the the contents thereof. (Atftt.t- of the ?hcrfrf Mary Jane Snyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin GMAC, LLC VS HARVEY J CASSELL Sheriff s Return No. 2008-T-1912 OTHER COUNTY NO. 07-5988 And now: SEPTEMBER 10, 2008 at 11:51:00 AM served the within COMPLAINT IN REPLEVIN upon HARVEY J CASSELL by personally handing to HARVEY J CASSELL 1 true attested copy of the original COMPLAINT IN REPLEVIN and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFFS OFFICE FRONT AND MARKET STREETS HARRISBURG PA 17101 Sworn and subscribed to before me this 10TH day of September, 2008 Akib5p?? NOTARIAL SEAL RY JANE SNYDER, Notary Publi Highspire, Dauphin County Fm3y Commission U fires t 1 2010 So Answers, ? eA4- Sheriff of Dauphin Co Pa. -7 By Deputy Sheriff Deputy: KIMBERLY BARTO Sheriffs Costs: $47.25 9/4/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. HARVEY J CASSELL RAYMOND PROZIOC Defendants No. 07-5988 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Michael J. Dougherty, Esquire PA. I.D.#76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 215-599-1500 WWR# 06262973 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. HARVEY J CASSELL RAYMOND PROZIOC Defendants TO THE PROTHONOTARY: Civil Action No. 07-5988 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, Harvey J. Cassell, above named, in the default of an Answer as follows: For possession of vehicle, more particularly identified as a 2004 GMC Yukon, Vehicle Identification Number 3GKFK16T24G273426. 1 hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. I hereby certify that Plaintiff's address is: GMAC, L.L.C. c/o Weltman, Weinberg & Reis Co., L.P.A., 325 Chestnut Street, Suite 501, Philadelphia, PA 19106 and that the last known address of the Defendant Harvey J. Cassell is: 6160 C-6 Springford Drive, Harrisburg, PA 17111. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Michael J. ugherty, Esquire PA. I.D.#7 b46 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 215-599-1500 WWR#06262973 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 WWR # 06262973 GMAC, LLC vs. CUMBERLAND COUNTY COURT OF COMMON PLEAS HARVEY J CASSELL NO. 07-5988 RAYMOND PROZIOC To: HARVEY J CASSELL 6160 C-6 SPRINGFORD DR HARRISBURG, PA 17111 Cc: Date of Notice: 10/20/2008 IMPORTANT NOTICE AVISO IMPORTANTE YOU ARE N DEFAULT BECAUSE USTED ESTA EN REBELDIA YOU HAV .. FAILED TO TAKE ACTION PORQUE HO FALLADO EN TOMAR REQUIRE' OF YOU IN THIS CASE. LA ACION EXIDIDA DE SU UNLESS) JU ACT WITHIN TEN DAYS PARTE EN ESTE CASO. FROM TH i DATE OF THIS NOTICE, A A MENOS DE LA FECHA DE JUDGMEI T MAY BE ENTERED AGAINST USTED ACTUE DENTRO DE DIEZ YOU WITHOUT HEARING AND YOU MAY DIAS DE LA FECHA DE ESTE LOSE YOUR PROPERTY OR OTHER AVISO, SE PUEDE REGISTRAR IMPORTANT RIGHTS. YOU SHOULD UNA SENTENCIA CONTRA USTED TAKE THIS NOTICE TO A LAWYER SIN EL BENEFICIO DE UNA AT ONCE. IF YOU DO NOT HAVE AUDENCIA Y PUEDE PERDER A LAWYER OR CANNOT AFFORD ONE, SU PROPIEDAD O OTROS GO TO OR TELEPHONE THE FOLLOWING DERECHOS IMPORTANTES. OFFICE TO FIND OUT WHERE YOU USTED DEBE LLEVAR ESTA CAN GET LEGAL HELP: AVISO A UN ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, DEBE COMMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL: CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST CARLISLE, PA 17013 TEL (717) 249-3166 MichaeIT Dougherty, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. HARVEY J CASSELL RAYMOND PROZIOC Defendants Civil Action No. 07-5988 NON-MILITARY AFFIDAVIT The undersigned, Michael J. Dougherty, attorney for the Plaintiff, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. That the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. That based upon investigation it is the undersigned's belief that the Defendant Harvey J. Cassell is not in the military service; and That this belief is supported by the attached certification of Mary M. Snavely-Dixon, Director of the Department of Defense - Manpower Data Center. WELTMAN, WEINBERG & REIS CO., L.P.A. By: //1/1? Michael J. Dougherty, Esquire PA. I.D.#76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street, Suite 501 Philadelphia, PA 1.9106 215-599-1500 WWR#06262973 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Regijest for Military Status Department of Defense Manpower Data Center 10 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 NOV-02-2008 11:18:34 ¦C Last Name First/Middle Begin Date Active Duty Status Service/Agency CASSELL HARVEY 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. OhAt lot 01,4., 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. §§ 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. I 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. I 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/faq/pis/PC09SLDR.html I 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: TRVONTWWKD https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/2/2008 OC O M --.5 C1 ?v ? , t-t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. 07-5988 HARVEY J CASSELL RAYMOND PROZIOC Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on __U 10 7 /0 (xx) Assumpsit Judgment for possession of vehicle, more particularly identified as a 2004 GMC Yukon, Vehicle Identification Number 3GKFK 16T24G273426. ( ) Trespass Judgment in the amountof $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary HARVEY J CASSELL 6160 C-6 SPRINGFORD DR HARRISBURG, PA 17111 Our File No. 06262973 By: s PRO ONOTARY (OR.DEPU ),V" WELT , WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 6046 325 Che tnut Street, Suite 501 Philadel hia, PA 19106 Phone: 2 5.599.1500 Fax: 215.599.1505 File # 06:162973 GMAC, LC CUMBERLAND COUNTY COURT OF COMMON PLEAS HARVE J CASSELL RAYMO PROZIOC No.: 07-5988 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE AS TO RAYMOND PROZIOC ONLY TO THE PROTHONOTARY: dismiss the above matter without prejudice as to Defendant Raymond Prozioc only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Micha J. ADougherty, Esquire Attorney for Plaintiff Fir, PD'-l t jNKj) AR f 2009 MAY 20 AM 10: ;? q jr,ad PA &A/ ct,,IV 8g / 0 4 / .5,- Alo- 1 ?- q/6 j?p