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HomeMy WebLinkAbout07-6856IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. CHRISTOPHER A MEHRING Defendant No. 67- (c85(,0 bo -Tz", COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#062881.71 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. CHRISTOPHER A MEHRING Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND 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 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 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 I . Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301 TROY, MI 48098-0000. 2. Defendant is an adult individual residing at 395 RICH VALLEY RD CARLISLE,PA 17015. 3. On or about MARCH 12, 2005, Defendant duly executed a RETAIL INSTALLMENT SALE CONTRACT (hereinafter the "Contract") a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a 2005 CHEVROLET LD 1500. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned to Plaintiff. 6. 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. 7. Plaintiff avers that a balance of $9,698.48 is due from Defendant as of OCTOBER 18, 2007. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 6.00% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $1500.00. 11. 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, CHRISTOPHER A MEHRING, individually, in the amount of $ 9,698.48 with continuing interest thereon at the Contract rate of 6.00% per annum plus attorneys' fees of $1500.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. W William T. Mol an, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:06288171 RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN Dealer Number Contract Number Buyer (and Co-Buyer)- Name and address'(include county and zip code) Creditor (SlVtE r 1RPVROLET CHRISTOPHER A MEHRING P.O. BOX 1307 14 WILLIAM PENN DRIVE HARRISBURG, PA 17105 MAR 2 2 2005 CAMP HILL, PA 17011 CUMBERLAND You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. You agree to pay us, the Creditor, the Amount Financed and Finance Charge according to the payment schedule shown below. We will figure the Finance Charge on a daily basis. New or Used Year Make and Model Vehicle Identification No. Prima Use for Which Purchased 1 20051 CHEVROLET LD 1500 1GCEC14X75Z26270$ personal, family, or household ?agricultural ? business p Your trade-in is a: Year 2001 Make DODGE I KUL Model UUnnnuv-rn" FEDERAL TRUTH-IN-LENDING DISCLOSURES Insurance. You may buy the physical damage ANNUAL FINANCE Amount Total of Payments Total Sale Price insurance this contract requires (see back) from PERCENTAGE CHARGE Financed The amount you The total cost of anyone you choose who is acceptable to us. You are RATE The dollar The amount of will have paid after your purchase on not required to buy any other insurance to obtain The cost of your amount the credit provided to you have made all credit, including credit. Your decision to buy or not buy other credit as a yearly credit will cost you or on your payments as your dow a nt insurance will not be a factor in the credit approval ro rate. t 3 95 you. 7 4$3 11 behalf. 841-6 23 scheduled. 35, 325.36 sf $? cess. p If any insurance is checked below, policies or . % , . $ , 1 $ $ certificates from th d i i l Your Payment Schedule Will Be: e name nsurance compan es wil describe the terms and conditions. Number Amount When Payments Or as Check the Insurance you want and sign below: of Payments of Payments Are Due Follows 7 2 $ 490, 3Monthlybeginning Optional Credit Insurance. ? C dit Lif B re e: ? uyer ? Co-Buyer Tartu 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 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 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) $ 20,62S . Q? 2 Total downpa ment = (If negative enter V and see line 4H below) - Gross trade-in $ 1 500.01 ayoff by seller $ 22,403 -39 net trade-in $ 10,903.35- + cash $ , + other (describe) GH REBATE NEBC $ , 750 -00 $ 0 3 Unpaid balance of cash price (1 minus 2) $ , 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 $ i N/A B Other insurance paid to the insurance company (describe) $ N/A C Official fees paid to government agencies $ 9-00 D Government taxes not included in cash price $ 340-86 E Government license and/or registration fees $ 73.95 F Government certificate of title fees (includes $ N purity interest recording fee) $ 22.50 G Other charges (Seller must identify who is paid and describe purpose.) ' to for $ N/A to RFTAII FR for DOC FEE $ 55.00 to GAP Iklr for GR NTREE $ 326.00 to for $ -N/A to for $ N/A to for $? / A H Nettrade- inpayoff to WELLS FARGO $x,393.35 Total other charges and amounts paid to others on your behalf $ 3,216W? 5 Amount financed (3 +4) $ 23 8414 6 Finance charge $ 11,483 ' 7 Total of payments - time balance (5 + 6) $ 35,3250 ? Credit Disability (Buyer Only) Term Premium: N/A Credit Life $ Credit Disability $ N/A (Insurance Company)N / (Home Office Address) Credit life insurance and credit disability Insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. Credit life insurance 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 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. Type of Insurag Term Premium $ /? (Insurance Company) (Home Office Address) I want the insurance checked above. 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. it you ao not meet your contractual obligations, you may lose your motor vehicle. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to the contract must be in wr' ' an we ust sign it. No or y%hanges are binding. Buyer Signs XCo-Buyer Signs X M CHRISTOPHER A MEHRIN 6P 020-9081-16366 MLS Security interest. You are giving a sewuq 111WI-L , I- V" 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 ? $ 20, 625 - 1 Cash price (including any accessories, services, and taxes) I 2 Total downpayment = (If negative enter V and see line 4H below) Gross trade-in $ 11 500.00ayoff by seller $ u6 - b = net trade-in $ 10.903.35- + cash $ v - O T + other (describe) GM REBATE NEBC $ 3, /bU.U U $ 3 Unpaid balance of cash price (1 minus 2) $ 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 N/A Life $ I A Disability $ B Other insurance paid to the insurance company N A (describe) $ - 5 00 C Official fees paid to government agencies $ . $34- 86 D Government taxes not included in cash price E Government license and/or registration fees 73.95 $ F Government certificate of title fees 50 22 (includes $ N f0purity interest recording fee) $ • G Other charges (Seller must identify who is paid and describe purpose.) " to for $ N/A to RFTA11 FR for DOC FEE $ 55.00 to GAP INS for GREENTREE $ 326.00 to for $ -N/A to for $ ? / A to for $ IVA H Net trade-in payoff to WELLS FARGO s Z TM. 35 21 3 Total other charges and amounts paid to others on your behalf , $ 84 $ 23 5 Amount financed (3 + 4) , 6 Finance charge $ 11 4646 7 Total of payments - time balance (5 + 6) $ 35 , 32 If you do not meet your contractual obligations, you may lose your motor vehicle. (Insurance Company)N / A (Home Office Address) Credit life insurance and credit disability insurance are not required to obtain credit. Your decision to buy or not buy credit life insurance and credit disability insurance will not be a factor in the credit approval process. They will not be provided unless you sign and agree to pay the extra cost. Credit life insurance 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 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. Type of Insurag Term Premium $ / ?+ (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. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between you and us relating to this contract. Any change to the contract must be in wr' ' an -w ust sign il. No or hanges are binding. Buyer Signs X / Co-Buyer Signs X If any part of this contracts not valid, all other parts s 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 ayments without extending 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. Do not sign this contract on a Sunday. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the finance charge. Notice to Buyer. Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect y,gur le9jal rights. ?? . Date Date You agree to the terms of this c tract. You confirm that before you signed this contract, we gave it to you, and you were free to ake it and review it. You confirm that you received a completely filled-in copy hen y u signed i Buyer Signs X Date 3/12/2 Q@@-Buyer Signs X Date Co-Buyers and Other O era - A co-buyer is a pers9A who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does not have to pay the debt. Theo r owner agrees to the security interest in the vehicle given to us in this contract. Other owne Date Ad ss lit Crprllt . la . - Date / t /9(1f3 Title AGENT eneral Motors Acceptance Corporation MAC) MAC Auto N ? Nuvell dit Corporation, Sal r assigns its in re this ntract to: 151 gr under eile s agree ent(s) with assignee. Assigned with recourse Ass' ned without r ourse or with LIFF CHEVROL AGENT Seller By Title Seller By Title Z109 FR-PA 7/2004 (For Use in the State of Pennsylvania) (1 of 4) Notice: See Other Side ORIGINAL Copyright 2004 General Motors Acceptance Corporation. All Rights Reserved. ?_T VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is ?'/? C??L2Grn aWorxq ? mI )S?a ? Ol?m ae, (Name) of ,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. LAN4 9 ?WOW? (Signature) W WR#06288171 C7 a '- ac nom Q b 'D pn c SHERIFF'S RETURN - REGULAR CASE NO: 2007-06856 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS MEHRING CHRISTOPHER A SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MEHRING CHRISTOPHER A the DEFENDANT , at 1734:00 HOURS, on the 3rd day of December , 2007 at 395 RICH VALLEY ROAn CARLISLE, PA 17015 CHRIS MEHRING by handing to 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 Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 18.00 7.68 .00 10.00 R. Thomas Kline .00 35.68 12/04/2007 WELTMAN WEINBE EIS By: day eputy Sheriff of A. D. .I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. CHRISTOPHER A MEHRING Defendant No. 07-6856 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06288171 Judgment Amount $ 11198.48 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. Civil Action No. 07-6856 CIVIL TERM CHRISTOPHER A MEHRING Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, CHRISTOPHER A MEHRING above named, in the default of an Answer, in the amount of $11198.48 computed as follows: Amount claimed in Complaint $9698.48 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $1500.00 TOTAL $11198.48 I 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. WELTMAN, WEINBERG & REIS CO., L.P.A By: A I WILLIAM T. MO ZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06288171 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7t' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 395 RICH VALLEY RD CARLISLE,PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUN , PENNSYLV IA CIVIL DIVISION GMAC, LLC Plaintiff Case # ??- (f1 , '(p {?.? J?L CHRISTOPHER A MEHRING Defendant(s) IMPORTANT NOTICE TO: CHRISTOPHER A MEHRING 395 RICH VALLEY RD CARLISLE,PA 17015 Date of Notice: WWR#: 06288171 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED -O 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICEiCAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L GAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: I A4n4rA LCAV '01AA-*-- PATRICK THOMAS WO DMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG 436 7TH AVE. PITTSBURGH, PA 15 19 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. CHRISTOPHER A MEHRING Defendant Case no: 07-6856 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, 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. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, CHRISTOPHER A MEHRING is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, CHRISTOPHER A MEHRING is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SUBSCRIBED in my presence this 1 e -day of C0MRM0NVVFi-",.i. T fJ')f PENINSYLVANHA d Naar?ai 5 : i NOT RY PUBLIC ! Vdayne ?,. ??r?a s, ?anta; r?/ srtou C'i'ty Of ??tl+-?•". E ..!'"--r-,, o .?. ?anty 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. Request for Military Status Page 1 of 2 JAN-16-2008 06:55:13 Last Name First/Middle Begin Date Active Duty Status Service/Agency MEHRING 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. . it ,A 1^ 1 pt 0414, kt4km., 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. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink mil/faq/pis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/16/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: LQAECHJYXI https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/16/2008 w N ? _ 4r? .= -so IZ r-- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. 07-6856 CIVIL TERM CHRISTOPHER A MEHRING Defendant 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 J s aooa (xx) Assumpsit Judgment in the amount of $11198.48 plus costs. ( ) Trespass Judgment in the amount of $ 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 By: PROAONOTA R ) CHRISTOPHER A MEHRING 395 RICH VALLEY RD CARLISLE,PA 17015 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 76 Avenue, Pittsburgh, PA 15219 1-888-434-0085 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. CHRISTOPHER A MEHRING a0¢ a IarkS+ LP,rvwyne PA Defendant I'10'f3 No. 07-6856 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (SAM ATTACH KM li' ONLY) COMMERCE BANK, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6288171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. 07-6856 CIVIL TERM CHRISTOPHER A MEMUNG Defendant COMMERCE BANK, Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against CHRISTOPHER A MEHRING, Defendant apy 0j& k. 3', La"e$ O043 3. against COMMERCE BANK, Garnishee lA4q k4cuk0 5T 4. Judgment Amount 6"ne, PA $ 11198.48 17083 Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): $ 421.55 $ 11620.03 WELTMAN, WEINBERG & REIS CO., L.P.A. By: : - William T. Molczan, squire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6288171 00 f]J S? 'c Gin O U1 Q?f1 O O t = 51- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6856 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC, Plaintiff (s) From CHRISTOPHER A. MEHRING, 204 Clark Street, Lemoyne, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 1249 Market Street, Lemoyne, PA 17043 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,198.48 L.L. $.50 Interest -- $421.55 Atty's Comm % Atty Paid $155.18 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 10/24/08 (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF eLkw4OL- Curt?s'R. Long, P By: Deputy Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-06856 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GMAC LLC VS MEHRING CHRISTOPHER A And now KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:25 Hours, on the 30th day of October , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , in the MEHRING CHRISTOPHER A hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17011 Cumberland County, Pennsylvania, by handing to KRISTEN EGOLF (ASST MANAGER) personally three copies of interogatories together with 3 true: and attested copies of the within WRIT OF EXECUTION and mojde the contents there of known to Her . Sheriff's Costs: So answer Docketing 00 • Service 00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County'; .00 00 ? n?03?07 10/31/2008 Sworn and Subscribed to before me this day of A.D By Ve(u4 if WWR#6288171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. CHRISTOPHER A MEHRING Defendant and COMMERCE BANK Garnishee No. 07-6856 gIIVIL TERM INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6288171 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. CHRISTOPHER A MEHRING Defendant and COMMERCE BANK Garnishee Civil Action No.: 07-6856 CIVIL TERM TO: COMMERCE BANK Suggested Reference No.: XXX-XX-8234 1249 MARKET ST LEMOYNE PA 17043 RE: CHRISTOPHER A MEHRING 204 CLARK ST LEMOYNE PA 17043 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. , C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. xrlsw"?ks -le" .. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? Defendant had account 537768707 held individually with a balance of $896.48. eferdant had account 537109134 held jointly with Sherrie Mehring, with a balance of $293.32. Defendant did not receive $300 onoenption. I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. See answer to question 1 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. See answer to question 1 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? See snwer to question 1 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? No 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? No] 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? No 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. See answer to question 1 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. Se ansier to question 1 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Es e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6288171 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist of Commerce Bank/Harrisburg N.A., garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ?-? C? ^?" C? M, cza ;:? `?"? " ? : g . ? it ?..:- ..--? ?? ? ??i._% ? » r 4 . " ?t? E." :{ ti W y y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. 07-6856 vs. PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE CHRISTOHPER A MEHRING COMMERCE BANK ONLY Defendant COMMERCE BANK Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA LD #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6288171 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. CHRISTOHPER A MEHRING Defendant COMMERCE BANK Garnishee Civil Action No. 07-6856 PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARNISHEE COMMERCE BANK ONLY TO THE PROTHONOTARY OF COUNTY; Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, COMMERCE BANK only, upon the records of the Court and mark the cost paid. ' WELTMAN, WEINBERG & REIS CO., L.P.A. Sworn to and subscribed Before me the 1 4?-R_ Day of NOVEMBER By: James Cr2 PA I.D WELTIS CO., L.P.A. 1400 K 436 Se Pittsb rg(412 43 171 ,200 COMMONWE&TH OF Notarial S", Jennifer M. 80rowaki, Notary public city of Piftaburgh. Allegheny county NO RY c0 ' res a=eb. 22.2012 f MOM Aseoclatlon of Np f 00 "f R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, DUE TO BANKRUPTCY. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 86.19 Docketing $ 18.00 63.81 Poundage 1.69 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 11/14/08 Milage 5.00 Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 Postage TOTAL $ 86.19 ? t/a4/" So Answers- . 000i , 14 or R. Thoma Kline, Sheriff " By SO 11 )v 8 Z 1?D 8001 JJ183HS 3" "j' 'L 0 v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6856 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC, Plaintiff (s) From CHRISTOPHER A. MEHRING, 204 Clark Street, Lemoyne, PA 17043 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: COMMERCE BANK, 1249 Market Street, Lemoyne, PA 17043 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $11,198.48 Interest -- $421.55 Atty's Comm % Atty Paid $155.18 Plaintiff Paid Date: 10124/08 L.L. $.50 Due Prothy $2.00 Other Costs C s R. Lo , (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 By: Deputy Supreme Court ID No. 47437