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HomeMy WebLinkAbout07-7463 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. 67 - 7y(oj Civil -Term vs. JOHN HECKARD JILL HECKARD Defendants 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 WWR406319703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants Civil Action No. 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 COMPLAINT 1. Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301 TROY, MI 48098-0000 . 2. Defendants are adult individuals residing at 2221 LEECHBURG ROAD PENN HILLS,PA 15235. 3. On or about FEBRUARY 22, 2006, Defendants duly executed a RETAIL INSTALMENT 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, Defendants took possession of the vehicle more particularly identified in the Contract as a 2006 GMC YUKON XL. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned to Plaintiff. 6. Plaintiff avers that Defendants 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 $ 5,046.36 is due from Defendants as of NOVEMBER 28, 2007. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 0% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff s reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $500.00. 1.1. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, JOHN HECKARD AND JILL HECKARD, jointly and severally, in the amount of $ 5,046.36 with continuing interest thereon at the Contract rate of 0% per annum from NOVEMBER 28, 2007, plus attorneys' fees of $500.00 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. William T. Mo 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#:06319703 RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN Dealer Number Contract Number JOHN HECKARD 020-9078-39398 !Jl111b Buys r!(and Co-Buyer)- f me and adcir s:: (include county and zip code) Creditor (Seller name and address) _. JOHN H HECKARD JILL A HECKARD FAULKNER HARRISBURG, INC. 22 BLACK P I NE OR VE 12 BLACK PINE DRVE 2060 PAXT MECHANICSBURG PA 170MECHANICSBURG PAI170 HARRISBURG PAREET 1710S ?VZ L73 93? You, the Buyer (and Co-Buy )r, If any), may b, ,y 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 It a 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 be. ow. We will figure, the Finance Charge on a dally basis. New or used Year Make and Model Vehicla Identification No. Prima Use for Which Purchased I IGKFKIGZ96JI77OSS p personal, family, or household Clegricultural I NEW 2006 GMI: YUKON XL O business Cl Your trade-in Is a: Year Ma3ce FORD Model FXpi nRFR FE;:IiERAL 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 CHI-.RGE Financed The amount you The total cost of anyone yo choose who is acceptable to us. You are u 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 our y amo tnt the credit provided to you have made all credit, including credit. Your decision to buy or not buy other credit as a yearly credit mill cost you or on your payments as your dcwnpayment insurance will not be a factor in the credit a royal pp rate, y >u. behalf, scheduled, of $ 0 i process. Q % S n i 97,4rgt QQ $ 1:LdASA Q9 s $ g46C3 _ 44 - It any insurance is chocked below. Policies or certificates from the named insurance com ill i Your Payment Schedule Will Be: es w pan describe the terms and conditions. Number t A,' When Payments Or as Check the insurance you want and sign below: of Pa manta [ f mnis Are Due Follows i l $ Monthly beginning pt onal Credit Insurance. dit Lif p C C3 B p C B i nNr- NINAI R 7ca -11 2!24,rj-_1 re e: uyer o- uyer Te._ N / A Late Charge. If a payme_ it is not received in full within 10 days after ii is due, you will pay a late charge. If the vehicle is a Leavy commercial motor vehicle, the charge will be 41/6 of the part of the O Credit Disability (Buyer Only) payment that is late. Othe rwise, the charge will be 2% per month of the part of the payment that is Term N.? A late, figured based on a ful calendar month for any pan of a month that is more than 10 days. Prepayment. If you pay of all your debt early, you will not have to pay a penalty. Premium: N /A Credit Life $ Security Interest. You arc giving a security interest in the vehicle being purchased. Credit Disability $ N /A Additional Information: See this contract for more information including information about N/A nonpayment, default. any r squired repayment in full before the scheduled date. and security interest. (Insurance Company) ITEMIZATION OF AMOUI IT FINANCED o e Office Address ) 1 Cash price (including an r accessories. services, and taxes) $ AA-Ann nn (1) Credit life insurance and credit disability insurance _ 2 Total downpayment = If negative enter "O" and see line 4H below) are not required to obtain credit. Your ecision to buy or not buy credit life Insurance and credit Gross trade-in $ - 1 99_46 . 00 -Payoff by seller $ 30946 _ 00 disability insurance will not be a factor in the credit ' = net trade-in $ - 10900100 cash $ approval process. They will not be provided unless a other (describeREBATE $ ''? (2) U You sign and agree to pay the extra cost. Credit life in h id ,? -1 3 Ur paid balance of cash trice (l minus 2) $ aA?nn nn (3) surance pays t e unpa part of the amount financed if you die. This insurance pays only the 4 Other charges including amounts paid to others on your behalf (Seller may y amount you would owe If you paid all your payments disability insurance pa s the part of these amou -its.): keep A Cost of optional credit insurance paid to the insurance y scheduled payments scments due under this contract while i company or companies you are d sabled. This insurance does not cover any increase in your payment or in the number of Life $ N/A payments. The policies or certificates issued by the Disability $ (? /A $ N /A named Insurance companies may further limit the B Other Insurance paid 'o the Insurance company coverage that credit life or credit disability Insurance (describe) $ N/A provides. See the policies or certificates for coverage limits and other terms and conditions. C Official teas paid to gr.vernment agencies $ N /A D Government taxes no, Included in cash price $ t 4C9 nA Other Inauranes. E Government license and/or registration fees Q N/A N/A $ 32.45 Type of Insurance Term F Government certificat.:t of tide fens Premium $ N/A includes $ ecurity interest recording fee) $ 27 Cn N/A G Other charges ( el must identify who is paid and (insurance Company) describe purpose.) N/A tPAIiLKNFR WAR torflnr FFF S SS _ on (Home Office Address) to for $ A N-1 AP P-ROT?r7 In forGAR INS $ -As2n _ nn I G i want the insurance checked above. tt pp il; for. 'A $ N / A ' x t1-. 111/1 forty2A $ N/A Buyer Signature Date till /A forN/A $ N/A X H Not trade-in payoff tr-FORD MOTOR CRED I $ 8400.00 Co-Buyer Signature Date Total other charges and amounts paid to others on your behalf $ 103S3.99 (4) S Amount financed (3 +4) , $ 54fS3 _ Q9 (6) ANY INSURANCE REFERRED TO IN THIS 6 Finance charge $ 016) CONTRACT DOES NOT INCLUDE COVERAGE 7 Total of payments - time balance (5 + 6) $ S4653 . 99 (7) FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. If you do not meet your contractual obligations, you may lose your motor vehicle. ' HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between y and us rel ng to this contract. Any hangs to the contract must ba in g and a must signt. No oral changes are binding. - ` , Buyer Sgns X`)---' ??J Co-Buyer Si if any part of thin corrtfact Is not valid, all other parts stay valid. We rtay delay or refrain from enforcing any of r nghts under this contract wif out losing them . For example, we may extend the time for making some payments 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 re istration authorities. g Sao back for other important agreements. Do not sign this contract on a Sunday. -- 7'ho Annual Percentage irate may ba nagotlehle with tlra Seller. The Seller may saalgn two contract and ratain its right to racvlve a part of thin finance charge. Notice to Buyer. Do not sign this contract in blank. You are entitled to an exact opy of the contra t you sign. Keep it to protect Ir 1 al plights Buyer signs x J - ?? 621422/06 co-Buyer sign ; Date 02/22/06 You agree to he terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You confQcm that you receiv a completely filled-In copy yvhen you signed it. / ? Buyer slgns.x .2a/22/06 co-B eSIW 21" ate 02/22/06 Co-Buyaro and Othe wncrs - A co-buyer is a person who is responalble for paying the entire de t. An er owner 8 pe orTvrih a name is on the title to the vehicle but does no have to pay the debt. The otter owner agrees to the security Interest in the vehicle given to us in this contract- Other owner signs here X 2096122109 Address i_ O_ Z109 FR-PA 7/2004 (For Use in the State of Pennsylvania) (1 of 4) Notice: See Other Side ORIGINAL Copynght 2004 General Motors Acceptance Corporation. All Rights Reserved. I. VI if )'t/.F Ij I-j}:Y-i l .x'1115 .. .'i• ??...'\:. . OTHER IMPORTANT AGREEMENTS :=.? _'•?'?t3E.' 1_ FINANCE CHAR43E AND PAYMENTS . . a. How we wll'1 figure Finance Charge. The Finance Cha`ge?is j.figu red on a dally basis at the Annual Percentage Rate on the ?unpaitl" par[ of the Amount Financed. ' b. How we will apply payments. We will apply each payment first to the earned and unpaid part of the Finance Charge, and then to the unpald Part of the Amount Financed. c. How late.payments or early payments change what 'you' must pay. We Posed the Finance Charga,' Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments, and Total Sale Price will be more if. you pay late and ,less if. you pay early. Changes may take the form of a larger or smaller final payment or, at our option, more or fewer payments of the safne amount las your scheduled payment with a smaller final payment. We will send you a notice telling you about these changes before the final scheduled payment is due. . 2. YOUR OTHER PROMISES TO US I a. Of the vehicle Is damaged, destroyed, or missing. You agree-to pay us all you owe under this contract even If the vehicle Is damaged, 'destroyed, or missing. b. Using the vehicle. You agree not. to remove the vehicle from the U.S. or Canada. or to sell, rent, lease, or transfer any interest in the vehicle _ or this contract without our written permission. You agree not tq expose the vehicle to misuse, seizure, confiscation, or involuntary transfer. If we pay any repair bills, storage bills, taxes. fines, or charges on the vehicle, you agree to repay the amount when we ask for It. i IL Security Interest. You give us a security interest In: 1. The vehicle and all parts or goods installed in it; i- 2. All money or. goods received (proceeds) For the vehicle: - 3. Alt insuranc, maAt ri6nce.l service, another contracts wei finakice (Ir: . for, you; and •+ • t' 4. All N proceeds from insurannce,• maintenance, service, or other , s 4.; Sohtracts we finance fort;you. This includes- any refunds ofc• V premiums or charges from the contracts. _ This i"ares pay`"rit•lof'All yoti- - dn ttiis contract. It also eecures your other agreements in this contract. You will make sure the title.. Shows amri"cl=r'iti.int!pfest (lien) Fn the `etiiGle. I - d_ Insurance you must have on the vehicle. You agree to have physical damage insurance covering loss or damage to the vehicle for the term of this contract. Ttia insiurance must cover our interest In the vehicle. If'• you d0 not have this Insurance, we may. If we decide, buy Iphysical damage Insurance. If we decide to buy physical damage insurance, we. may buy insurance that covers your interest and our interest in-the d•? vehicle. If we buy this insurance,' we will,tell you the charge you must pay. The charge will be the premium for.the insurance and a finance 0.1 charge at the highest rate the law permits. If the vehicle is lost or damaged, you agree that we may use anyfl V insurance settlement to reduce what you owe or repair the vehicle- A -V 01 V e. What happens to returned Insurance, maintenance, service, or other contract charges. If we get a refund of insurance, maintenance, service. or other contract charges, you agree that we may subtract the refund from what you owe. 3- YOU MAY PREPAY I You may prepay all ovr,-partyof;the unpaid part of the Amount Financed at any time without panaltyi; It;-you) do so, you must pay the ?ear'rtetl antl unpaid part of the Finsiricej Cfiarg and all other amounts cide3 lp, toyhe date of your payment. 4_ IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You mey owe late charges. You will pay a late charge on each late payment as shown on the front. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep making late payments. If you pay late, we may also take the steps described below- ,?Hib1? _.'1"1'?K Iii ? • .'1 '? I:... ,z c You may have to pay collectlon costs. It you default and we have to go to court to recover the vehicle, you will pay the reasonable attorney's fees and court costs, as the law permits. You wiU "atso. . pay any attorney's lees and court costs a court awards us. d. We may take the vehicle from .you. If you default, We, may take (repossess) the vehicle from you if we do so peacefully aril the law allows -it:.lf'Sour vehicle has an electronic tracking da'v" ;yo6fagree that we may use the device to find the vehicle. If we take the vehicle. any accessories, equipment, and replacement parts will stay with the vehicle. If any personal Items are in the vehicle, we may store there for you at your expense. If you do not ask for these items back, we may dispose of them as the law allows. a- How you can get the vehicle back if we take It. It we repossess: the vehicle. you may get it book by paying the unpaid part of the Amount ` Financed plus the earned and'unpakt part of the Finance Charge, any late charges, and any other amounts due because you defaulted (redeem). Your right to redeem ends when we sell the vehicle. Wet will tell you how much to pay to redeem- If we repossess the vehicle, we may, at our option, allow you to get the vehicle back before we sell it by paying all past due payments and Into charges, (reinstate). We will tell you If you may reinstate and how much to pay ityou may. ' If you were in default for more than t S days when we took the vehicle. the amount you must pay to redeem or reinstate will also include- the - expenses of taking the vehicle, holding it, and preparing it for sale. We. will sell the vehicle if you do not gait it back. If you dc, not redearti, we will sell the. vehicle. We will- send: you a written notice of sale before selling the vehicle. ... . . -i6 Trr_, W. e, will apply the money from the sale, less allowed expenses, to the amoul•it you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale. and selling it, as the taw allows.. Reasonable anomey fees and court costs the law permits are also allowed expenses. If any money Is left (surplus), we will pay it to you. If money from the 'sale is not enough to pay the amount you owe, you must pay the rest to us. If you do not pay this amount when we ask, we may charge you interest at the highest I:awful rate until you pay. g_ What we may do about optional Insurance, maintenance, service, or other contrects_'- Thia contract may contain charges for optional Insurance, maintenance, service, or other contracts. If we reposlsess the vehicle, we m4lakiim benefits under these contracts and ctincol them to obtain refunds of unearned chargestto reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts and . cancel them to obtain reftirids of unearned charges to reduce whatiyou owe, h. Summary notice regarding prepayment and ralnstats?ment_ You may prepay all or part of the amount you owe under this contract at any time without penalty. If you do so, you only have to pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. If you default and we repossess the vehicl,i, we may. at our option, allow you to gat the vehicle back before we sell it by paying all past due payments, late charges. and expenses. - 5.0*A 06hAiWi ES SELLER DISCLAIMS The foliowing paragraph does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. The following paragraph also does not apply at all if you bought the vehicle primarily for personal, family, or household use. d Il AJ" ;tie Seller makes a written warranty, or enters Into a service contract within 90 days from the date of this contract, the Seller makes no warranties, express of Implied, on the vehicle, and there will be no Implied warranties of.marchantabillty or of fitness for a ps rt lcular purpose. b. You may have to pay all you owe at once. If you, break your promises (default), we may demand that you pay all you owe on this s- Used Car Buyers Quids. The Information you see on,the window form for this vehicle Is part of this contract. Informations on the window form overrides any contrary provisions In ths'•contrsct of sale. contract at once. Default means: I 1 . You do not pay any payment on time: 2. You start a proceeding in bankruptcy or one Is started against you or y',oyr propertyi_or r (T? •i `_. '1 \ 1 ?Jpil[ 3.LYOti break iiriy•agraeme'nts In this"contract. bi I t _ ' ... 1The amount •youll viiiI0 owe will be the unpaid) jib t•'bf. Cili'e Amount Financed plus the earned and unpaid part of the Finance Charge. any Into charges, and any amounts due because you defaulted. _ Spanish Translation: ?', i• Qura Para compradores de vehfculos usados. La Informacion Clue ve men of foYmularlo do In ventmnille pars mate vehiculo forma parts dal :presents contrato. La Informicl6n del formularlo dm In ventanfila dela sin efecto tads disposick5n an contrarto eontenida on el contrato de vents, 7_ APPLICABLE LAW - t) •) Q 4';? ? .+,j I- d E? i + ?: c? Feoan3i IE%4 arid: Pennsylvania law apply to this contract. 1 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HERNiOF. RECOVERY HEREUNDER BY THE DEBTOR SMALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREU I NDER- . L'E-("t:-_t;r^_73 ills ii f ),i?kC'y1 .;f ILi:E_K. 7.itQ•tr_?..:J`r i i 0W`r_t.HtIS.IC?6C E: I'_•t_I IiVKt512BfIE,L' t•V ;]'r:c 114f -.t t_b!1( KViE? ?!VI!N i;:ErT'<f:' t, t7 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 Dun S 'bb In Bon l?tornw MmwshAf or (TITLE) (NAME) bm Li (J (COMPANY) , plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. J_gq? V, A ?(Jw' (SIGNATURE) 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. WWR#06319703 it i DO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. JOHN HECKARD JILL HECKARD Defendants No. 07-7463-CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman PA I.D. #34507 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06319703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. 07-7463-CIVIL TERM JOHN HECKARD JILL HECKARD Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 1'_? - t ! " Patrick Thomas Woodman PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #06319703 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants No. 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#06319703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants Civil Action No. 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 COMPLAINT 1. Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301 TROY, MI 48098-0000 . 2. Defendants are adult individuals residing at 2221 LEECHBURG ROAD PENN HILLS,PA 15235. 3. On or about FEBRUARY 22, 2006, Defendants duly executed a RETAIL INSTALMENT 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, Defendants took possession of the vehicle more particularly identified in the Contract as a 2006 GMC YUKON XL. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned to Plaintiff. 6. Plaintiff avers that Defendants 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 $ 5,046.36 is due from Defendants as of NOVEMBER 28, 2007 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 0% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff s reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $500.00. 11. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, JOHN HECKARD AND JILL HECKARD, jointly and severally, in the amotult of $ 5,046.36 with continuing interest thereon at the Contract rate of 0% per amlum from NOVEMBER 28, 2007, plus attorneys' fees of $500.00 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. William T. MoWzan, 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#:06319703 sw e w ?'-? e. _ _ ? 4 RETAIL INSTALMENT SALE CONTRACT 49- JOHN HOCKAFto GMAC FLEXIBLE FINANCE PLAN !j lRt Dealer Number Contract Number 020-9078-38398 An '-? Buyer (and Co-Buyer) - [Zama and add as (include county and zip code) Creditor (Seller name and address)' JOHN H HECKARD JILL A HECKARD FAULKNER HARRISBURG, INC. 12 BLACK PINE DRIVE 12 BLACK PINE DRIVE 2060 PAXTON STREET 9©?Z MECHANICSBURG PA 170MECHANICSBURG PA 170 HARRISBURG, PA 17106 L 93 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 dally basis. _ - -- - -_•` ..--- _ p personal. family. or NEW 2006 GMC YUKON XL 1GKFK16Z96J 177055 .business Make Model Your trade-In Is a: Year FEDERAL TRUTH-IN-LEMOIN6 DISCLOSURES Insurance- You may buy the psee damage insurance this contract requires (see bad[) from ANNUAL FINANCE Amount TobI of Payments Total Sala Price anyone you choose who is acceptable to us. You are PERCENTAGE CHARGE Financed The amount you The total cost of not required to bury any other insurance to obtain BATE The dollar The amount of will have paid attar your purchase on credit- Your decision to buy or not buy other The cost of your amount the Credit provided to you have made all credit, including t Insurance will not be a factor In the credit approval credit me a yearly credit -111 cost you or on your payments as scheduled your downpaymen process rate. you_ behalf. . of S O is It any insurance is checked below, policies or 1"1 4 r r CL- L 9 CL 4r,S2 qq S certificates from the named insurance companies will n rK S . . : - - S - describe the terns and conditions. Your Payment Schedule Will Be: ck the insurance you want and sign below: Ch Number of P. mentc Amount of Pa menu When Payments Are Due Or as Follows e Optlonal Credit Insurance. S Monthly beginning O Credit Life: O Buyer C3 Co-Buyer A A Tartu N Late Charge. If a payment Is not received in full within 10 days after it is due, you will pay a late . Credit Disability (Buyer Only) charge. It the vehicle Is a heavy commercial motor vehicle, the charge will be 4% of the part of the e will be 2Y6 per month of the part of the payment that I. r h h i Term ill / A g se, t e c a Payment that is late. Otherw late, figured based on a full calendar month for any part of a month that is more than 10 days. Premium: N/A Prepayment if you pay off all your debt early. you will not have to pay is penalty. Credit Life S N/A Seourity Interest You are giving a security interest in the vehicle being purchased. rmation about inf i di l Credit Disability S 02 1 A ng o nc u Additional Informatlon: See this contract for more information ll before the scheduled sate, and security interest t i f (Insurance Company) n u nonpayment, default. any required repaymen ome Office Address ) ITEMIZATION OF AMOUNT FINANCED Credit life insurance and credit disability insurance t Cash price (including any accessories services and taxes) S AA2nn QA (1) are not required to obtain credit. Your decision to buy o not buy credit life Insurance and credit 2 Total downpayment (11 nsgatlve enter -O' and see line 4H below) ' disability Insurance will not be a factor in the credit 30846 _ 00 Gross trade-in S - - 19q 46 00 -payoff by sailer S 88 approval process. They will riot be provided unless - net trade-in S - 10900 00 rash S 9000: '? (2) 500 00 x is you sign and agree to pay the extra cost Credit life insurance pays the unpaid part of the amount - t } 111 A + other (describeR F BATE S (3) n financed it you die- This insurance pays only the n 3 Unpaid balance of cash p ice (t minus 2) - -S aA?nn amount you would owe if you paid all your payments 4 Other charges Including amounts paid to others on your behalf (Seller may on time- Credit disability Insurance pays the scheduled payments due under this contract while keep part of these amounts.): A Cost of optional credit insurance paid to the insurance you are disabled. This insurance does not cover any Increase in your payment or in the number of company or companies by the Issued ri t ce n $ N /A imit the further limit ompanies -my insuran named Disability S N/A a N LA Disability coverage that credit life or credit disability Insurance 8 Otner insurance paid to the Insurance company - - provides- Sao the policies or certificates for a limits and other terms and Conditions. covera (describe) S N L6 g C Official fees paid to government agencies S N LA Other Insurance. D Go emmant taxes not inelutled in cash price S '14r-9 04 N/A N/A E Govemment license and/or registration fees ED Type of Insurance Term S 32, 45 Premium S - N / A F Govemment certificate of title fees interest recording tee s S ecunt 60 i l d N/A - 4_ y es ( u nc C. Other charges ( dl must identify who is paid and (Insurance Company) NIA describe purpose) (Home Office Address) a r v U c o 55 p for()(][' F 9:17 S SG _ nn to for S 144A I want the insurance checked above. VAR bbnTC TTO fo-AR INS S '?Afl_f)n x for S b r A Buyer Signature Date LtY/A torN/A s N/A x tXJA forN/A S N/A Co- Buyer Signature Date FORD MOTOR CREDI s 8400-00 ff t o H Nottrade-in payo S 10353 _ 99 (4) lf h _ a Total other charges and amounts paid to others On your be 9911 (5) S c4653 ANY INSURANCE REFERRED- TO IN THIS _ 5 Amount financed (3 a) -_ _ CONTRACT DOES NOT INCLUDE COVERAGE 6 Finance charge - S O (e) S S 653 99 (7) FOR PERSONAL LIABILITY AND PROPERTY _4 . T Total of taavme is time balance is 6) DAMAGE CAUSED TO OTHERS. If you do not meet your contractual obligations, you may lose your motor vehicle. HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between ydkj and us rata "ng to this contract. Any hangs to the contract must be in ng and a ust sign,'t. Z771 changes are binding. Buyer Signs Jf 1 ?r-1J(1 _ C.-Buys, Si If any part of this c or;tfect Is not valid, all other parts stay valid. We may delay or refrain from enforcing any of r nghts under this contract wi out losing them. For example, we may extend the time for making some payments 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 Annua! Percentage Rate tray be n69otiabla with the Sailer- Ths Seiler may assign this Contract and retain its right to receive a part of tha finance charge. Notice to Buyer. Qo not sign this Contract in blank- You are entitled to an exact opy of the Contra t you sign. Keep it to protect r I ai Ights_ Buyer Sign s x J j 1n+? ?I. ! @3tL22/06 Co-Buyer Sign Date 02122!06 You agree tc he terms of this contract_ You confirm-that before you signed this contract, we gave it to you, and you were free to take it and review it_ You confpWn that you receiv? a completely filled-in copy wh?re?n?r?ya. VP ned it. / O?122106 02/22/06 Buyer Signs X - 1 ?r C w Da a Co-Buys slg 1 t/1 ate Co-Buyers and Otha wnars - A co-buyer is a person who is responsible for paying the entire ds t_ An er owner s pa wh w name is on the title to the vehicle but does np have to pay the debt. The other owner agrees to the security Interest in the vehicle given to us in this contract. other owner signs here X CeLa/ 22 / 06 Address under the [curs of Sefler's agreerrlont(s) with Sailor lily - - - Z1 OH FR-PA 7/2004 (For Use in the State of Pennsylvenia) (1 of 4) Notice: Sea Other Side ORIGINAL Copyright 2004 General Motors Acceptance Corporation. All Rights Reserved- .v!lr)ri'tEi-- OTHER IMPORTANT AGREEMENTS : _•'• t`1?"% IF 1. FINANCE CHARQE AND PAYMENTS a. How ova -111 figure Finance Charge. The Finance Cha`ge?is i.Rpurad on a daily basis at the Annual Percentage Rate on the 'unpaid, part of the Amount Financed. ' b. How we will apply payments. We will apply each payment first to the aamed and unpaid part of the Finance Charge, and then to the unpaid .pan of the Ambunt Financed. c. How late payments or early payments change whit 'you must pay. We based the Firiance Charge, Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge, Total of Payments. and Total Sale Price will be more if. you pay late end ,less it, you pay early. Changes may take the form of a larger or srnalier final payment or, at our option, mom or fewer payments of the sable amount 'as your scheduled payment with a smaller final payment. We will sand you a notice telling you about these Changes before the final scheduled payment is due. 2- YOUR OTHER PROMISES TO US ' a. if the vehicle Is damaged, destroyed, or missing. You agree•to pay us all you owe under this contract even It the vehicle is damaged, 'destroyed, or missing. b. Using the vehicle. You agree not. to remo ve the vehicle from the U.S. ar Canada. or to sell. rent, lease. or transfer any intgrest.In the vehicle or this Contract without our written permission. You agrae•not Iii expose the vehicle to misuse. seizure. Confiscation, or involuntary transfer. If _ we pay any repair bills, storage bills, taxes, fines. or charges on the vehicle. you agree to repay the amount when we ask for it c. Sacurlty Interest- You give us a security interest In: ' t. The vehicle and all parts or goods installed in it: ?- 2. All money or goods-received (prde6eds) for the vehicle; 3. All insurance, mairStarianCe•j serl:ice. or oltier contracts we fina8ic's 011' .!9r, you. and •+ - c' 4. All . proceeds from insurance.- maintenance, service. - or other, , ; contracts we finance forj,you. This includes. any refunds ot? prernsums or charges from the contracts. This secures payineht-loi (all you ?6we oriethis Contract. it also secu res your other agreements In this contract- You will make sure the titleT. shows ot(rlFecudtyi Interest (lien) irh, the `elhiOle. - 22 • ryl i d_ Insurance you must have on the vehicle. You agree to have:phys"I damage insurance covering loss or damage to the vehicle for the term of this contract The insurance must cover our interact In the vehicle. If••:? you do not have this Insurance, wo may. If we decide, buy iphysical damage Insurance- It we decide to buy physical damage Insurance,.we. , may buy insurance that covers your interest and our intere$t In-the vehicle- If we buy this insurance. we will tell you the charge you Must pay. The charge will be the premium for.the insurance and a Anil" 04 Charge at the highest rate the law permits- ', •j If the vehicle is lost or damaged, you agree that we may use anyii \ V insurance settlement to reduce what you owe or repair the vehide. M'.V s`•V a. What happens to returned Insurance, maintenance. service. or other contract Charges. If we got a refund of insurance, maintenance, service, or other contract charges, you agree that ova may subtract the refund from what you owe. 3. YOU MAY PREPAY ! You may prepay all or part' of: the unpaid part of the Amount Financed at - eiaiVhtro ?asfd any time without penalty. .If;.yoti) do so, you must pay the' unpaid pan of the Finr("riee Ctiarg• and all other amounts dtLis-.* jfi, to ?e data of your payment- ?J 4. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES ' a. You may owe late Charges. You will pay a late charge on 6aoh late payment as shown on the front. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep malting late payments. If you pay late. we may also take the steps described below- b_ You may have to pay all you owe at once. If you, break your promises (default), we may demand that you pay all you owe on this K4i_ • -'1 , t WT • tom/ c_- You may have to pay coilectlon costs. If you default and we hah•a to go to c6tat to recover the vehicle, you will pay the Resemble attorneys fees aril court Costs, as the law permits. You will?-atgo)pajy any attonhetr-s toes and court costs a court awards us_ d. We .Wray take the vehicle .from you. If you default, hive' may take (repoaseas) =vehicle from you it we do so peacefully and the law allows iL if your vehicle halt an electronic tracking tfeLlC?yoGfagree that we may use the device to find the vehicle, It we take the vehicle, any accessories, equipment, and replacement parts will stay with the vetilicle_ It any personal Items are In the vehicle, we may store thorn for you at your expense- If you do not ask for these items back, we may dispose of them as the law allows. a_ How you can gat the vehicle back it we take lt. If we repossess the vehicle. you may got it back by paying the unpaid part of the Amount Financed plus the earned and'tunpa{d part of the Finance Charge, any late charges. and any other amounts due because you delatllted (redeem). Your right to redeem ends whon we sW the vehicle. We will tea you how much to pay to redeem, If wo repossess the vehicle, we may, at our option, allow you to gat the vehicle back before we self it by paying all past due payments and late chsrggs.(reinafaI-). We will tell you If you may minstats and how much to PaYi"You maY_ _ If you were in default for more than IS -days when we took th6 vehicle, the amount you must pay to redeem or reinstate will also include the - expenses of taking the vehicle, holding it, and preparing it for sale. tt Nfe_ wig sail the vehicle H yeti do not gat ft back- If you dc, not radsern, ova will sell the.vehbb_ We will-send=you a written notice of sale boWkwo selling the vehicle. 1 rte tfnip.,iAltapply the money from the eels, less allowed expenses. R, the am&5W you owe. Allowed expenses-are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale. and selling It, as the law allows.. Reasonable attorrhey fees and court costs the law permits are also allowed expenses. If any money Is left (surplus), we will pay it to you. It money from the sale Is not enough to pay the amount you owe, you must pay the rest to us_ If you do not pay this amour" when we ask, we may charge you interest at the highest lawful rate until you pay. g_ What we may do .about optional insurance, maintenance, sarvice, or other contaCts.• This contract may contain charges for options! insurance, maintenance, service. O other contracts. 11 we repossess the vehicle, we may161alm benefits under these contracts and sunset Inem to obtain refunds of unearned ehargesito .i educe what you otve or repair the vehicle- It the vehicle is a total loss because it is confiscated, damaged. or stolen, ova may claim 0onefits under these contracts and _ cancel them to obtain raftirids of unearned charges to reduce wtiat-?you -a- h- Summary notice regarding prepayment and ralnatatsment_ You may prepay all or part of the amount you-owe under this contract at any time without penalty. it you do so, you only have to pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. If you default and we repossess the vehicle, we may. at our option, allow you to get file vehicle back before we sell it by paying all past due payments, late charges. and expenses. S?tfVA\RRAfVTIES SELLER DISCLAIMS The to owing paragraph does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. The following paragraph also does not apply at all if you bought the vehicle primarily for personal. family, or household usa_ U 1 tens pia Saller makes a written warranty, or enters Into a service contract within 9e days from the data of this Contract, the Sells, ekes rhta rrantlas, expraas or Implied, on the, vehicle, and there will be no Implied warranties of ?marcha nta6llity or of fitness far a partlcular purpose. 6. Used Car Buyers Guide. The Information you sae on,the window form for this vehicle Is part of this contract. Intormntlcw on the window form overrides any contrary provisions In the-contract of sale- contract at once. Default means: 1 _ You do not pay any payment on time: Spanish Translation: !1 "t 2. You start a proceeding in bankruptcy or one is started against you Guilt pare cornprodores de vahfculcs usados_ La Informacl6n qua va or your property;,or _ t eo of formulario de to ventanllta pars eats vehiculo. forma parts del :Jt-il; 3.LYOU bramic, 3riy,egreemarits in this contract t; i 1? -(].: J•- +?• f 1 ?presanta oontrato. he Infcrnas`ci6n del formulario de la vontanilla de)a jThe amount you.) will : owe will be the unpaid p$rt• °cf 70'19 Amount sin efacto tads disposict6n on contrario contanicia an at contrato de Financed plus the earned and unpaid part of the Finance Charge. any venta_ late charges, and any amounts due because you defaulted- 7_ APPLICABLE LAW - - t 7 'J e V f! 2 "? .+3 1- d e ? _i h._ c Fed2r>sF:ls'w sr?d_Pennsylvanie law apply to this contract. Q NOTICE- ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT-EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER_ - 4iE: i v•?t3(' :3:J+_ ).i??:(!y; ::? 1?C i:L- f:: _.uF •?T ]:.J?*' I ' 1'E''I-::-ct?? ^,^_.j?(,i= I .'t.Jr_iHi7S.1C?bi'::C k` ?`_•t_i tiVKlslZBflfl-.t" l-y :?'??c 4! -.i!1C 1:`,L )`. Prvcic t:r4r LLiI tL '11?r3 b:^ ;Si '014 W :1 'I{._•'i: Vie: ;,! 'll rf N F)F I:Kci; .. i_VIA-MiE-ie. VERIFICATION The undersigned does hereby verify subject to the penalties of1,?8, PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is //?n S. /t bb In j'on (NAME) alft Q m } 1115 Alf of (TITLE) amm ut (COMPANY) , plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) 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. WWR#06319703 v o 1M1 5 SHERIFF'S RETURN - REGULAR 'CASE NO: 2007-07463 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS HECKARD JOHN ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HECKARD JOHN DEFENDANT was served upon the at 1940:00 HOURS, on the 11th day of June , 2008 at 214 BRINA DRIVE ENOLA, PA 17025 SALLY HECKARD, MOTHER by handing to 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 18.00 Service 16.00 Affidavit .00 Surcharge 10.00 .00 '71NIDf C. 44.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/30/2008 WELTMAN WEINBERG REIS By: eputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07463 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS HECKARD JOHN ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HECKARD JILL the DEFENDANT , at 1200:00 HOURS, on the 26th day of June , 2008 at 99 FRONT STREET WEST FAIRVIEW, PA 17025 MARY WITTLE, MOTHER by handing to 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 6.00 Service 15.00 Affidavit .00 Surcharge 10.00 .00 7/b,fi F ?. 31.00- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 06/30/2008 WELTMAN WEINBERG REIS By: Deputy Sheriff of A. D. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC. Plaintiff vs. JOHN HECKARD JILL HECKARD Defendant No. 07-7463-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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#06319703 Judgment Amount $ 5546.36 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. 07-7463-CIVIL TERM JOHN HECKARD JILL HECKARD Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, JOHN HECKARD JILL HECKARD , above named, in the default of an Answer, in the amount of $5546.36 computed as follows: Amount claimed in Complaint $5046.36 Interest from date of judgment at the legal interest rate of 6.0% per annum Attorneys Fees $500.00 TOTAL $5546.36 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. WELTM AN, WEINBERG & REIS CO., L.P.A. By: Z William T. MolczaryEsquire PA I. D. #47437 P' WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#06319703 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: JOHN HECKARD 214 BRIAN DR ENOLA,PA 17025;JILL HECKARD 99 FRONT ST ENOLA,PA 17025 JOHN HECKARD 214 BRIAN DR ENOLA,PA 17025 JILL HECKARD 99 FRONT ST ENOLA,PA 17025 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC. Plaintiff vs. JOHN HECKARD JILL HECKARD Defendant Case no: 07-7463-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, JOHN HECKARD JILL HECKARD 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, JOHN HECKARD JILL HECKARD , is not in the military service. Further Affiant sayeth naught. AFFI NT / l SWOR TO AND SUBSCRIBED in my presence this I q o -1?-Q• ` OOMMONN./y.TH OF K"PYLVAW Om Nom 3W N ARY C JennMer M. BowwW, Hovey Pubft Cky of Mobwo, AN JOWW CW* My Coffm* bn Feb. 22, 2012 AWAN MeodMon of 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff JOHN HECKARD Defendant(s) IMPORTANT NOTICE TO: JOHN HECKARD 214 BRIAN DR ENOLA,PA 17025 Date of Notice: 7 I Z???d WWR#: 06319703 Case # 67-7465-Cm(. {Fm YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 OFFICE CAN 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 LEGAL 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 B PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff JILL HECKARD Defendant(s) IMPORTANT NOTICE TO: JILL HECKARD 99 FRONT ST ENOLA,PA 17025 Date of Notice: 7 rZs ?d WWR##: 06319703 Case # 0-7-746 - ?l VI LT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 OFFICE CAN 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 LEGAL 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-- B/ - PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 AUG-08-2008 08:28:26 -C Last Name First/Middle Begin bate Active Duty Status Service/Agency HECKARD JOHN 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. hwt 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. 65 501 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. https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/8/2008 Request for Military Status Page 2 of 2 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_defe_ nselink.mi_l/fg4/pis/PC_095LbR.html 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:BZMFTDICOT r https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/8/2008 Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 AUG-08-2008 08:28:51 < Last Name First/Middle Begin Date Active Duty Status Service/Agency HECKARD JILL 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. A A. mut In 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. https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/8/2008 Request for Military Status Page 2 of 2 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/foo/pis/PC095LDR html_ 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.SZ65AXPFUSD https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 8/8/2008 ? ? ? ? 4r C N ' ij? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC. Plaintiff VS. Civil Action No. 07-7463-CIVIL TERM JOHN HECKARD JILL HECKARD Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Ju gm nt was entered against you on R1 101 (xx) Assumpsit Judgment in the amount of $5546.36 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 ProATH ary By: PR NOT A EPUTY) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants Case No. 07-7463-CIVIL TERM MOTION TO AMEND COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire Pa. I.D. No. 93598 Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 436 7 h Avenue Pittsburgh, PA 15219 WWR#06319703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff Case No. 07-7463-CIVIL TERM vs. JOHN HECKARD JILL HECKARD Defendants MOTION TO AMEND COMPLAINT AND NOW COMES, Plaintiff, by and through its attorneys, Weltman, Weinberg & Reis Co., L.P.A., files the following Motion to Amend the Complaint in Civil Action. 1. On or about December 12, 2007, Plaintiff filed a Complaint in Civil Action against the Defendants in the amount of $5,046.36. 2. Due to a clerical error, the Complaint was filed with an incorrect dollar amount. 3. The correct dollar amount is $28,532.51. 4. A copy of Plaintiff's proposed Amended Complaint is attached hereto, marked as Exhibit "I", and made a part hereof. WHEREFORE, Plaintiff wishes to amend the Complaint in Civil Action filed against the Defendants to reflect the correct dollar amount of $28,532.51. Ben . Bibler, Esquire Pa. I. No 598 Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC,LLC., Plaintiff No. 07-7463 CIVIL TERM vs. AMENDED COMPLAINT IN CIVIL ACTION JOHN HECKARD JILL HECKARD, Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#06319703 nwiert IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC,LLC. Plaintiff VS. Civil Action No. 07-7463 CIVIL TERM JOHN HECKARD JILL HECKARD Defendantss AMENDED 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMENDED COMPLAINT 1. Plaintiff is a corporation with offices at 5700 Crooks Road, Suite 301, Troy, MI. 48098- 0000. 2. Defendant, John Heckard, is an adult individual residing at 214 Brian Drive, Enola, PA. 17025. 3. Defendant, Jill Heckard, is an adult individual residing at 99 Front Street, Enola, PA. 17025. 4. On or about February 22, 2006, Defendants 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. 5. Pursuant to said Contract, Defendants took possession of the vehicle more particularly identified in the Contract as a 2006 GMC Yukon XL. 6. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned to Plaintiff. 7. Plaintiff avers that Defendants are in default of the Contract by having not made payments to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that a balance of $ 28,532.51 is due from Defendants as of November 28, 2008. 9. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 0% per annum. 10. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff s reasonable attorneys' fees. 11. Plaintiff avers that such attorneys' fees amount to $500.00. 12. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, John Heckard and Jill Heckard, jointly and severally, in the amount of $ 28,532.51 with interest at the legal interest rate of 0% per annum from November 28, 2008, plus attorneys' fees of $1,500.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 4 :W- / JOHN A7-1 HECYfARD RETAIL INSTALMENT SALE CONTRACT Oo GMAC FLEXIBLE FINANCE PLAN Jft fIr9IJIJ Dealer Number Contract Number 020-9078-3639$ Ai) Buyer (arxl Co-Buyer)- me and arid. ss (include county and zip code) Creditor (Seller name and address)' JOHN H HECKARD JILL A HECKARD FAULKNER HARRISBURG. INC. LAC K PINE DRVE 12 BLACK PINE DVE ZOSO PO MECHANICSBURG PAI170MECHANICSBURG PAI170 HARRISB RGN PAREET 17105 9pUZ LZ 93-4 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 dally basis. New or used Year Make and Mode'. Vehicle identification No. Prima Use for Which Purchased I NEW 2006 GMC YUKON XL IGKFKIGZ96JI77OSS O personal. family, or household pagrieuttural O business O Your trade-In is a: Year Make FORD Mortal FEDERAL TRUTH-IN-LENDING DISCLOSURES Insurance. You may buy the physical damage ANNUAL FINANCE Amount Total at Payments Total Sala Price insuranca this contract requires (see back) from PERCENTAGE CHARGE Financed The amount you The total cos[ of anyone you choose who Is acceptable to us. You are not required to biry any other insurance to obtain RATE The dollar The amount of will have paid attar your purchase on credit- Your decision to buy of not buy other Th. cost of your amount the credit provided to You have made atl credit, Including insu rance will not be a factor in the credit approval credit as a yearly credit will cost you or on your payments as your downpaymera process- rats. you. behalf, scheduled- of $ A% S n S r,4rl;'t qq S RARc 2 qq S R495;A - q9 If any insurance is checked below, policies or certifioates from the named insurance companies will Your Payment Sc hedule Will Be: describe the terms and conditions. nj j;>4 106 CD Credit Ufa: p Buyer O Co-Buyer - Term N/A Late Charge. If a payment Is not received in full within 10 days after it is due, you will pay a late O Credit Disability (Buyer Only) 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 Term N411 late, figured based on a full calendar month for any part of a month that is more than 10 days. Premium; Propaymant. If you pay off all your debt early, you will not have to pay a penalty. Credit Life $ NIA Sacurity Interest. You are giving a security interest in the vehicle being purchased- Credit Disability S Nt /A Additional Information: See this contract for more information including information about )iL/A nonpayment, default, any required repayment in full before the scheduled date, and security interest. (Insurance Company) ome Office Address) ITEMIZATION OF AMOUNT FINANCED Credit life insurance and credit disability insurance 1 Cash price (including any accessories, services, and taxes) $ d (t) _j)2n0 nn are not required to obtain credit. Your dacislon to 2 Total downpaYment a (If negative enter -0- and see line 4H below) buy or not buy credit fife Insurance and credit Gross trade-fn S - 1Q 94A _ 00 -payoff by seller S 3OR46 _ 00 disability Insurance will not be a factor in the credit t, . process. They will not be provided unless = net treAe-in - 10900.00 + cash S you sign and agree to pay the extra cost, Credit life you + other (describeRFRATE S - (2) insurance pays the unpaid part of the amount 3 Unpaid balance of cash price (t minus 2) s 44'2nn nn (3) financed if you die. This insurance pays only the amount you would owe it you paid all your payments 4 Other charges including amounts paid to others on your behalf (Seller may on time. Credit disability Insurance pays the keep part of these amounts.): scheduled payments due under this contract while A Cost of optional credit insurance paid to the insurance you are disabled. This insurance does not cover company or companies any increase in your payment or in the number of Life $ N /A payments. The policies or certificates Issued by the Disability S N /A $ N /A named insurance companies may further ifmlt tha i B Other insurance aid to the insurance company paid Y coverage that cred t life or credit disability Insurance provides. See the policies or coniticates for (describe) s NIA coverage limits and other terms and conditions. C Official teas Paid to govarnment agencies S N/A D Government taxes not included in cash price S t 4CS OA Other insurance. E Government license and/or registration fees N/A N/A O - S 32 4S Type of Insurance Tarm . F Government certificate of title fees Premium S N/A (includes S ecurify interest record rrg ee) $ ?7 Sg N/A G Other charges ( el must identify who is paid and (Insurance Com Pony) describe purpose.) N /A tRA111 KNER 14AR for}Inr FFF S SS _ On (Home Office Address) to for S_ N 4A I want the insurance checked above. MAP PROTECTIO tolraAD Iac s 380 nn t t r S X rT o npnr A N 'A Buyer Signature Date iN/A torN?A $ N/A X tH / A forN /A S N/A Co-Buyer Signature Date H Not trade-in Pavon toFORD MOTOR CRED I s 8400-00 Total other shames and amounts paid to others pn your behalf S 10353 _ 99 (4) 5 Amount financed r3 +a) $ 546SR _ 99 (s) ANY INSURANCE REFERRED TO IN THIS 6 Finance shame s_ O (6) CONTRACT DOES NOT INCLUDE COVERAGE 7 Total of paymorlts - time balance (5 + 61 $ 54653.99 (7) FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. Nu b e o[ Pam meetsr of APammount Payments When Are PayDuements Or as Follows $ Monthly beginning Clack the insurance you want and sign below: Optional Credit Insurance. See book for other important agreements. - rr you oo not meat your COOLraC[U81 OPIIgaLOna, you tray lose your motor VehiCle_ HOW THIS CONTRACT CAN BE CHANGED. This Contract contains the entire agreement between y \ and us relating to this contract. Any ttange to the contract must be in ?'yq? g and a mustsifln,"t. Ho oral changes are binning. Buyer Signs 7C^/ li}?.(^f\??1JL_??/ Co-Buyer Sig X `tom Q ??? If any part of this c or4fact Is not +ialid, all other parts stay valid. We may daisy or refrain from enforcing any of r rights under this contcr??twit out losing rig them. For exempla, we may extend the time for making soma payments without extending the time for making others. You authorize us to obtain information about you, or the veh;Ge you are buying, from the state motor vehicle department or other motor vehicle registration authorities. Buyer signs x / }? %"22/06 Co-Buyer sign ?l t Date 02/22/06 'Other owner signs hereX _Ma/ 77/Q6 Address ? Creditor SlgnsFAIJI KNFR HARK TGRIIR f:_ DEtt1!/99/na BvX Do not sign this contract on a Sunday. The Annual Percentage Rate may tss negotia6/e with the Seller. 7-he Seller may assign this contract and rgtaln 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 opy of the contra t you sign. Keep it to protect r 1 al fights. You agree to he terms of this contract. You confirm that before you signed this contract, we gave it to you, and you were free to take it and review it. You c{o?nf that you receiv a completely filled-in copy when you Signed it. ?\ of. 2&1221 Buyer SI ns X D06 Co-Bu ye, Slg 02/22/06 Co-Buyera anti Othe wears - A co-buyer is a person who is responsible for paying the entire debt. An acKer owner s pe O wh se name is on the title to the vehicle but doss no have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract. under the terms of Setter's agreement(s) with 2109 FR-PA 7/2004 (For Use in the State of Pennsylvania) (1 of 4) Notice: See Other Side Copyright 2004 General Motors Acceptance Corporation. Aft Rights Reserved. ORIGINAL !. V.I<'I•'t'-EK Wit), i •.+u lt(4 ? ;1-'\`: `.:f`.: , OTHER IMPORTANT AGREEMENTS =•` ='•?'?t3z 1. FINANCE CHARGE AND PAYMENTS - - a. How wa wltt figure Finance Charge. The -Finance Che`ge_is:.,igured on a daily basis at the Annual Percentage Rate on the 'unpaid. part of the Amount Financed. b. How we will apply payments. We will apply each payment first to the earned and unpaid pan of the Finance Charge, and than to Cie unpaid part of the Amount Financed- - _ c. How late payments or early payments change what -y.U must pay_ We based the Finance Charge, Total of Payments, and Total Sale Price shown on the front on the assumption that you will make every payment on the day it is due. Your Finance Charge. Total of Payments, and Total sale price -111 be more it. you pay late and ,less i1; you pay early. Changes may taha the form of a larger or smaller final payment or, at our option, more or fewer payments of the safna amount las your scheduled payment with a smaller final payment. We will sen0 you a notice talling you about these changes before the final scheduled payment I. due. - - 2. YOUR OTHER PROMISES TO uS a. If the vehicle is damaged, destroyed, or missing. You agree-to pay us all you owe under this contract even If the vehicle is damaged. 'destroyed, or missing. . b. Using the vehicle. You agree not to remove the vehicle from hie U.S. or Canada, or to sell. rent, lease, or transfer any interest in the vehicle or this contract without our written permisslon. -You agree not tq expose the vehicle to miduse, seizure, confiscation, or involuntary transfer. If _ we pay any repair bills, storage bills, taxes, fines, or charges on the vehicle. you agree to repay the amount when we ask for it- Security' Interest. You give us q security interest in: 1 . The vehicle and all parts or, goods installed in it; - !- 2. All money or goods received (proceeds) for the vehicle: 3. All insurance, mairSteriaFce,!§0tmilCe, or6tlier contracts wo fil"Whcs Or, . far you: and .? tI 4. All . proceeds from insurance,- maintenance, service, - or other, m cohtracts we finance fori;yo(r. This includes. any refunds .1. t; premiums or charges•frorn the contracts. ?, - This secured payment-lolfall yoti$we orirtllis contract. it also secures your other agreements In this contract. You will make sure the- title- t shows. our gecurity.int9r?st (tienj in.the ver?ide. - i - ` ` - 111t d. Insurance you must have on the vehicle. You agree to have:physical damage insurance covering loss or damage to the vehicle for the term of this contract. The Insurance must cover our interest In the vehicle. I('• j you do not have this insurance, we may, H we decida, buy iphysical damage Insurance. It we decide to buy physical damage insurance. ws. - may buy insurance that covers your interest and our interest In-tha vehicle. If we buy this insurance.- we will -ten you the charge you must pay. The charge will be the premium for .the insurance and a finance Vd charge at the highest rate the law permits. ?, •J If the vehicle is lost or damaged, you agree that we may use anyrl i' insurance settlement to reduce what you owe or repair the vehicle- %V f°.V e. What happens to raturn.d Insurance, maintenane., aervkce, w other contract charges. If we gat a refund of insurance, maintenance, service, or other contract charges, you agree that we may subtract the refund from what you owe- 3_ YOU MAY PREPAY ' You may prepay all or?partyof:the unpaid part of the Amount-Financed at any time without penalty.: Il?.you)do so, you must pay the'earned and unpaid part of the Findnc Charge and all other amounts due: Li tgAf;e date of your payment. 1 `t? v V 1 V 4'¢ Jml I 4. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on the front. Acceptance of a late payment or late charge does not excuse your late payment or mean that you may keep making Sate payments. If you pay Into, we may also take the steps described below. U CO _ "IT Kai.: c. You may hnvw to pay collection costa- If you default and we have to go to court to recover the vehicle. you will pay the reasonable attorney's fees an-d court costs. as the law permits. You -& atro>pay any anomey's fees and court costs a court awards us. d. We .may take the vehicle -from you. If you default, We* may take (repossess) the vehicle from you if we do so peacefully and the law allows it_ 4l your vehicle has an electronic tracking device ?:yptrtagras that we may use the device to find the vehicle. It we take the vehicle. any accessories, equipment. and replacement parts will stay with the vetiicle. If any personal Items are in the vehicle, we may store them for you at your expense. If you do not ask for these items back. we may dispose of them as the law allows. e, How you can get the vehicle back It we take it. It we repossess the vehicle- you may get it back by paying the unpaid part of the Amount Financed plus the earned and-unpaid part of the Finance Charge, any lat. charges. and any other amounts due because you defaulled (redeem). Your right to redeem ends when we sell the vehicle. We will tell you how much to pay to redeem. If we repossess the vehicle, we may, at our option, allow you to get the vehicle back before we sell it by paying all past due payments and late charggs,(reinstata). We will tell you If you may reinstate and how much to pay W you may. If you were in default for more than 15 days when we took the vehicle. the amount you must pay to redeem or reinstate will also Include the expenses of taking the vehicle, holding it, and preparing it for sate. We. will sell the vehicle if you do not get it back If you dc• not '•SP reifaa'm, wa will sell the.v.hicle. We will-send:you a written notice of sale before selling the vehicle. .. T rl;, vVa, will apply the money from the sale. less allowed expenses, to the amount you owe. Allowed expenses are expenses we pay as a direct result of taking the vehicle, holding it, preparing it for sale, and selling It. as the law allows.. Reason-bia attomay fees and court costs the law perrrmns are also allowed expenses. If any money Is left (surplus), we will pay it to you. It money from the -sale is not enough to pay the amount you owe. you must pay the rest to us. If you do not pay this amount when we ask, we may charge you interest at the highest lawful rate until you pay. g_ What we may do about optional insurance, maintenance, service. or other eontracta• This contract may contain charges for optional Insurance, maintenance, service, or other contracts. 11 we repossess the vehicle, we may claim benefits under these contracts and cancer them to obtain refunds of unearned chargestto.i educe what you owa or repair the vehicle. It the vehicle is a total loss because it is confiscated, damaged, or stolen, we may claim benefits under these contracts. and _ cancel them to obtain refunds of unearned charges to reduce -hati-you owe. h. Summary notice regarding prepayment and ralnstatsmanL You may prepay all or part of the amount you-owe under this contract at any time without penalty. If you do so, you only have to pay the earned and unpaid part of the Finance Charge and all other amounts due up to the date of your payment. If you default and we repossess the vehicle. we may. at our option, allow you to gel the vehicle back before wa all it by paying all past due payments, late charges. and expenses. 6J'*4FiRAPiT1E9 SELLER DISCLAIMS The foltoviring paragraph does not affect any warranties covering the vehicle that the vehicle manufacturer may provide. The following paragraph also does not apply at all if you bought the vehicle primarily for personal, family, or h...ahold use. ti' Unles°a rife Seller makes a written warranty, or anters Into a service contract within 90 days from the date of this contract, the S.II.r makes no w antler, express or Implied. on the vehicle, and there will be no Implied warranties of Im?wrchantablllty or of fitness for a particular purpos.. 6. Used Car Buyarm Guid.. The information you see on,the window form b_ You may have to pay all you owe at once. If you break your for this vahicle go part of this contnact_ Infcrmatlort' on the window promises (default). we may demand that you pay all you owe on this form overrides any contrary provisions In the'contrsct of sale. contract at once. Default means: 1. You do not pay any payment on time, 1 Spanish Translation: 2. You start a proceeding in bankruptcy or one is started against you Gu(a pain compradores de vnhlculos usadoa. Le Informacl6n qua ve or yoyr roperty- or _ .n .1 formulario de Is v.ntanllla pare auto vehiculo forma Porto coat 0 t•11: 3. LYOYi brepakarfy.4res-Brits in this contract. Li it 'Q:-. j \ I `-presents contrato_ La InformealSn del formulario de In ventan(Ila dole 1The amount *you) will: owe will be the unpaid) part•'of rtlib Amount sin efecto gods disposicidin an contrarlo contanida on at contrato de Financed plus the earned and unpaid part of the Finance Charge. any vent.. late charges. and any amounts due because you defaulted. 7. APPLICABLE LAW - • - I) 'J ? 0 t' = = -!t Fedaral'larv and, Pennsylvania law apply to this contract. i NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT is SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF COODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER- - - ,- •.? fir, ,:? i i_-.b' .. :F1: 4i E:: .?•ai?t? ,i1•_ 1, ill; 1'!y; I?C'i; f•_K i _.6f II _i ..:J-2 r VE I: :1, .; i; I `'LJcl Hti'r 1C?e(' :C t 1 •t_i HVKt+1 Z$FSbt? Fy :> is t! ,I!4C -'lP.L )` Pf'dCK t.i;4f :lsl ?L Clap S:" :4s (KGr_ :{ •11 r r V ftEt:KdL',. i-N(IrKViE-i!- ?ltrl!E' i :'F'r)'<t• • ;iC . ')(- flio VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. 94904 relating to unswom falsification to authorities, that he is an attomey,for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. Benjamin R. Bibler, Esquire VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and that the facts set forth in the foregoing Motion to Amend are true and correct to the best of his knowledge, information and belief. Benja ler, Esquire Pa. I.D. 0.9 98 Weltma ' einberg & Reis, Co, LLC 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within pleading was served on the following on this _ > day of 200 , by first class, U.S. Mail, postage pre-paid: JOHN HECKARD 214 BRIAN DR ENOLA,PA 17025 and JILL HECKARD 99 FRONT ST ENOLA,PA 17025 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Benjamin ' ler, Esquire Pa. I.D. No. . Weltman, Weinberg & Reis, Co, LLC 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff Case No. 07-7463-CIVIL TERM VS. JOHN HECKARD JILL HECKARD Defendants ORDER OF COURT And now, this day of , 20 , Plaintiff's Motion to Amend the Complaint in Civil Action is granted. The Prothonotary of Cumberland County is directed to allow Plaintiff to file an Amended Complaint in Civil Action to reflect that the dollar amount of $28,532.51. BY THE COURT: J. c ' g am . 77 Fri cxU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants No. 07-7463-CIVIL TERM PRAECIPE TO VACATE DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I. D. #93598 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06319703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. 07-7463-CIVIL TERM JOHN HECKARD JILL HECKARD Defendants PRAECIPE TO VACATE DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Kindly vacate the Default Judgment entered in the above case on August 22, 2008, as the Judgment amount was incorrect on the Praecipe. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney fo intiff 1400 Kopp rs ilding 436 Sevent venue Pittsburgh, PA 15219 (412) 434-7955 WWR#06319703 C rri ? O ? i; 0630 ?03 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) 6,PlAt, LL C ., (Plaintiff) vs. J p J? ?I P,- J' , (Defendant) No. W4 3 Civil ?^^ a 2 no 7 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) : Ame-1 4 ComfI4 C?'vi Ac :?/? 1111 2. Identify counsel who will argue case: Waltman, Weinberg & Role Co. 1400 Koppers Bldg. (a) for plaintiff :„J 436 7th AVe. Address:Q Pittsburgh, PA 15219 (412) 434-7955 (b) for defendant : > fnklk Nec 01 1014A rir Address : Or 21? /?;ate 17?i CA,1 a) PA . 17'22 V to o/k ?A . 1 / a 2S' 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: /Ce- b ru a 01-/ 200q AttWfief for p/u,,,f•11 CERTIFICATE OF SERVICE A true and correct copy of the Praecipe For Listing Case For Argument has been . served by First Class Mail, postage pre-paid, on + h day of SA?k ten/ , 2009 upon the following: John Heckard 214 Brian Dr Enola,Pa 17025 And JILL HECKARD 99 FRONT ST ENOLA,PA 17025 By: N ? ? rj?. ? ;?.. t„f, .. tv -- fi %::: :?", ,?,? ?- ---t " ''? N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants Case No. 07-7463-CIVI, TERM ORDER OF COURT yJA And now, this Complaint in Civil Action is granted. day of Fp6Un/, 200tPlaintiff s Motion to Amend the The Prothonotary of Cumberland County is directed to allow Plaintiff to file an Amended Complaint in Civil Action to reflect that the dollar amount of $28,532.51. i. Q t o t7 *?+ ?i?i "?7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC,LLC., Plaintiff VS. JOHN HECKARD JILL HECKARD, Defendants No. 07-7463 CIVIL TERM AMENDED COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06319703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC,LLC. Plaintiff VS. Civil Action No. 07-7463 CIVIL TERM JOHN HECKARD JILL HECKARD Defendantss AMENDED 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 e AMENDED COMPLAINT 1. Plaintiff is a corporation with offices at 5700 Crooks Road, Suite 301, Troy, MI. 48098- 0000. 2. Defendant, John Heckard, is an adult individual residing at 214 Brian Drive, Enola, PA. 17025. 3. Defendant, Jill Heckard, is an adult individual residing at 99 Front Street, Enola, PA. 17025. 4. On or about February 22, 2006, Defendants 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. 5. Pursuant to said Contract, Defendants took possession of the vehicle more particularly identified in the Contract as a 2006 GMC Yukon XL. 6. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned to Plaintiff. 7. Plaintiff avers that Defendants are in default of the Contract by having not made payments to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 8. Plaintiff avers that a balance of $ 28,532.51 is due from Defendants as of November 28, 2008. 9. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 0% per annum. 10. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff's reasonable attorneys' fees. 11. Plaintiff avers that such attorneys' fees amount to $500.00. 12. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, John Heckard and Jill Heckard, jointly and severally, in the amount of $ 28,532.51 with interest at the legal interest rate of 0% per annum from November 28, 2008, plus attorneys' fees of $1,500.00, and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. Be:ij9i1 Bibler, Esquire PA I. 598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 a *wr^P _ y Dc 4 RETAIL ftJSTALMENT SALE CONTRACT JOHN HECKA11D ' GMAC FLEXIBLE FINANCE PLAN IN AINN Dealer Number Contract Number 020-907811Uff111?111111A61 1 13111 99i$??i??+8 AD v lot cash or on to pay ua. the ly basis. the Amount and Finance according to the our trade-in is a: Year Make rtoEta_ __ Model FEDERAL TRUTHAN-LENDING DISCLOSURES fnsurenee. You may buy the physical damage f m k ANNEAL FINANCE Amount Total of Pa ments n Total Sal. price ) rencs this contract requires uses bac insu ro anyone you choose who is acceptable to us. You are PERCENTAGE CHARGE Financed t you The amou The total cost of not required to bury any other (nsuranq to obtain RATE TM dollar The amount or will have paid after your purchase on Your decision buy or not buy other c It. Tits cost of your amount the credit provided to you haw made ail credit, Including 1n . ura isurance will not b be e a factor In the credit approval credit as a yearly credit will Cast you or on your payments AS your downpaymant process. rate. Yo- behalf. scheduled. ' of S Q is It any insurance i8 checked bebw, policies or (Ix n i y AC. &3 Q q i 3 QQ SSiAf.C S centificates from the named insurance companies will di Your Payment Schedule Will Be: tions. describe the terms and con Number of Pa to Amount of Pa menls When Payments Are Due Ores Follows Check the Insure ca you want and sign tmlow: Optional Credit Insurance. s Monthly beginning t O Buyer C3 Co-Buyer O Credit L ntit'r A Term N Leta Charge. If a payment is not received in lull within 10 days after it ifi due, you will pay a late O Credit Disability (Buyer Only) charge. If the vehicle Is a heavy commercial motor vehicle, the charge will be 4% of the pan of the N Z A payment that 4 late. Otherwise, the charge will be 29: per month of the pan of the Payment that is Term late, figured based on a full calendar month for any pan of a month that is Tors than 10 days. Premium: Prepayment. If you Pay all all your debt early, you will not have to pay a penalty. - Credit Life S N / A Security interest. You are giving a Security interest in the vehicle being purchased. Sae this contract for more information including information about f ti l I ddi i Credit Disability S N/A N n orma on: t ona A nanpayment, default, any required repayment in full before the scheduled date, and security interest. i (Insurance Company) Me Office Address) ITEMIZATION OF AMOUNT FINANCED Credit life insurance and credit disability insurance 1 Cash price (including any acceaaaries services, and taxes) $ AA-ann nn (1) are not required to obtain credit. Your decision to 2 Total downpayment a (If negative enter -0- and sea line 4H below) buy or not buy credit life Insurance and credit _ Gross trade-in S 7 QQ 46 _ 00 -payoff by seller S •30646.00_ disability insurance will not be a factor in the Credit approval process. They will not be provided unless s net ifath-M S - 1 0900.00 + Cash S _ _ _ 2000.Q0 .' you sign and agree to pay the extra cost. Credit life + other (describeRE RATE S 5,00-00 1 ) W IAL (2) insurance pays the unpaid pan of the amount 3 Unpaid balance of cash price (1 minus 2) s AA-Ann An (3) financed if you die. This insurance pays only the amount you would owe If you paid all your payments 4 Other charges including Amounts paid to others on your behalf (Seller may an time. Credit disability insurance pays the keep part o! these Amounts.): scheduled payments due under this contract while A Cost of optional credit insurance paid to the insurance you are disabled. This Insurance doss not cover company or ednpanIS& any increase in your payment or In the nurnber of tJle S N /A payments. The policies or certificates Issued by the Disabeity S NIA S N /A named Insurance companies may further (knit the COvoraga that credit life or credit disability Insurance S Other Insurance paid to the Insurance company - provides. See the policies or certificates for (describe) -S coverage limits and other terms and conditions. C Official fees paid to government agencies S N/A Other Insurance. D Gavornmont taxes not included in cash price S 1 4CS nd N/A N/A E Government license and/or registration fees O Type of Insurance Term ' S 37.45 F Government certificate of fills tees Premium S - N/A (includes Interest recording •e S ? 7 cn N/A G Other charges ( oil must identify who is paid and (insurance Company) describe Purpose ) N /A . tp Al li ieUrR 14AR forrinr FFF S SIC _ nn (Home Office Address) to far S E r A I want the insurance checked above. ISAP bbnTECT-1 h f p INC S 4An.nn X f S AA- Buyer Signature Date t /A to /A s /A X %, f A forty f A S Ca eluyor Signature Date H Nettrade-Inpayc" toFORD MOTOR CREDI S 8400. Total Other Charaes and amounts paid to others on your behalf S 10353.99 (4) 9q (5) S 9465A ANT INSURANCE REFERRED TO IN THIS _ S Amount financed (3 + 4) S O (e) CONTRACT DOES NOT INCLUDE COVERAGE 6 Finance charoe 99 (7) S 54653 FOR PERSONAL LIABILITY AND PROPERTY . 7 Total of pavmentft - time balance l5 + 61 DAMAGE CAUSED TO OTHERS. It you do not meet your contraolual obligations, you may lose your motor vehicle. - n HOW THIS CONTRACT CAN BE CHANGED. This contract contains the entire agreement between arxa us ralakng to this contract. Any hangs to the contract gmust be in :T g and vip mush sign t. o changes are binding. g\yt?(? \ _ ?( BtiYer 3i ni-5( in l1f'? - la Co-Buyer Si rt y` \ 1l V..? \ If any part of this contract is not valid, all other parts stay voila. We may delay or refrain from enforcing any o1 r r g\7hts -G;;aer this contra c wi out losing them. For example, we may extend the time for making some payments 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 stay be negotiable with the Seiler. The Seller may assign tit/s contract and retain Ito right to receive a part of the flnance charge. Notice to Buyer. 0o not sign this Contract In blank. You are entitled to an exact opy of the contra t you sign. Keep it Buyer protect r 1 ahtl?ights`. ' y g ? ? `/ Buyer Signs-x / -? 7rJr \ `? L1? ?./ 0"22/06 CO-Bu or Sin ` Date 02/22/06 You agree tc its terms of this contract. You confirm -that before you signed this contract, we gave it to you, and you were free to take it and review it. You conf t(h?at you receiv a completely filled-in copy hen yo{?sEI nod it. 0(2/22/06 \\ /r? t® 02/22/06 Buyer Signs- X 7 Z(?Iti ??``??,, Da a Co-Bwer Slg y f V Co-Buyera and Othe wnere - A cc-buyer is a person who is responsible for paying the entire de t An ar own r i s s Hama is on the title to the vehicle but does no have to pay the debt. The other turner ogress to the security Interest In the vehicle given to us in this contract. Other owner signs heroX gfto/22/06 Address - under the terms of Seller's agreement(s) with assignee. siign"ew t recourse or with limited reeou e gne recourse LAU Seller By Tit. Seller B 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. .. --- . -- L' 4 11 Buyer (And Co-BUyer) - ?drysss (include County and zip Code) Creditor (Seller name and address)' JOHN H HECKARD JILL A HECKARD FAULKNER HARRISBURG, INC-2060 PIECHANICSBURG 1270HECHANBLACIK PAI170 HARRISB RGN PAAREET 17105 L 93-4 qa?z I OTHER IMPORTANT AGREEMENTS +:.?=•?11}?. t. FINANCE CHARGE AND PAYMENTS . .. a. How we will figure Finance Charge. The Finnncs Cljatrgs is tflgurW on at dally basis at the Annual Percentage Rhte on lheluniailck Wh W the Amount Financed. b. How we wllf apply psyraents. We will apply each payment f]rdt to the earned and unpaid' pan of Vie Finance Charge, and then to the unpaid Part of the Amount Financed. - WK. c. How late payments or early payments change whtii goou must Pay. We based the Fkiince Charge, ' Total of Paymertfa, and Total Sale Price shown on tta front on the assumption that you will make every payment on the day it is due. Your Finance Charge. Total of payments. end Total Sale Pride will be more if. you pay late and ,less if. you pay early. Changes may tame the form of a larger or smaller final payment or: at our option, more or fewer payments of the safns amount les your scheduled payment with a smaller final payment. We will sontf you a notice telling you about these changes before the final scfteduied payment Is due. e. you may have to pay oollehtoli, Ctlorh costs. It you default and we have to go to Court to recover the ve you will pay the reasonable attorrheys fees anal court mats. as the law permits- You will?sltio5pajr- any anomey's fees and court costs a Court awards us. d. We may take the vehicle .from .you. If you default, we'MMY take (repossess) the vehicle from you it we do so peacefully and the taw allowsIt:' :If'your vehicle has an electronic tracking t]d?LIQ?;yp?tpgroe that we may use the device to find the vehicle. If we take the vehicle. any accessories. aclulpmont and replacement parts will stay with the vetiicte. It any personal Items are in the vehicle, we may more thorn for you at your expense. if you do not ask for these items tuck, we may dispose of them as the law allows. e, How you can get the vehicle back It we take It. It we repossess the vehicle. you may get It back by paying the unpaid Part of the Amount Financed plus the earned and-unpaid part of the Finance Charge, any late charges. and any other amounts duo because you defaulted (redeem). Your right to redeem ends when we sell the vehicle, We will tell you how much to pay to redeem- it we repossess the vanicle, we may, at our option, allow you to gat the vehicle back before we mail it by paying all past -due payments and late charg9a,(rAinstate). We will tell you M you may reinstate and how much to Pay I{'you may. , If you were in default for more than 15'days when we look th6 vehicle. the amount you must pay to redeem or reinstate will also Include the - expenses CI taking the vehicle, holding it, and preparing it for sale. will sell the vehicle H you do not ?gei It back It you do not .1 reoeerh, we will sell the.vehiele. We will-send: you awritten notice of safe before selling the vehicle. .. T QWewill apply the money from the sale. less allowed expenses, to the you owe. Allowed expenses am expenses we pay as o itirsCl 1"L44 result of taking the vehicle, holding it, preparing It for sale, and selling It, as the law allows.. Reasonable attorney foes and court cost; the law permits are slao allowed expenses- If any money is left (surplus), we will pay It to you. It money from the -sale is not enough to pay the amount you owe, you must pay the rest to us. It you do not Pay this amount when we ask, we may charge you interest at the highest lawful rate until you pay- g. What we may do bout options] Insurance, maintenance. service, or other contraats TMs contract may contain charges for optional Insurance, malnten e•e, service. or other contracts. 11 we repossess the vehicle, we nhay benefits under these contracts and cancel them to obtain refunds of ant ftmed charges(to.reduce what you olive or 'opal, the vehicle. If the vehicle Is a total loss bheicause k is confiscated, damaged. or stolen, we may clalrti benefits under these contracts and cancel them to obtain rattirids of unearned charges to reduce whatiyou owe- h. Summary notice regarding prepayment and relnstatement. You may prepay all or pan of the amount you,owe under this contract at any time without penalty. If you do so, you only have to pay the aimed and unpaid part of the Finance Charge and all other amounts due up to the data of your payment. If you default aihd we repossess the velhieie, we may, at our option, allow you to get the vehicle back before we sell it by paying all past due payments, late charges, and expenses. 2- YOUR OTHER PROMISES TO US 1 a. If the vehicle Is damaged. destroyed, or missing. You agrsf•to pay us all you owe under this contract even If the vehicle Is damaged. 'destroyed. or missing. b. Using fits vehicle. You agree ndt- to remove the vahlelo from thie U.S- or Canada. or to sell, rent Nave, or transfer any intpfest,•in the vehicle . or this contract without our written parmission..You agras not to expose the vehicle to misuse. seizure. Confiscation, or involuntary rranstar. If _ we pay any repair bills. storage bills, taxes. fines, or charges on the vehicle, you agree to repay the amount when we ask for it. c. Saourlty Intaraot. You give us All security Interest In: ' S . The vehicle and as parts or. goods installed in it: f - 2. All money or goode-recolved (PrcC6eds) for the vehicle: 3. Ail insurance, matrytiriiRCS.IiitvlSa, of.bilior contracts we f rtbdiEe .(vr you] and .s 1 ,., • 1l 4. AI( t proceeds from insurance; maintenance. service. - or others., t t. 6otttracts we finance fori;y i . TMs includes. any refunds of. t; Pare'hlum4,hr charges frorih f`h? contracts. This s tires•?Sayr?lent•+o11ap yoti-"64% orirtfiis Contract. It also saoCros IJhl your other agreements in this contract. You will make aura the- title". t '•' el,owt), ottrt? ?lt?i. k.??stllt (elan) ?;,; the ?sCkta. e ` ` - ?, ; d. Insurance you must have an the vehicle. You agree to have physical ==7u ry to covloss or damage to the vehicle for the term act Tt1s trisuranoe must cover our Interest In the vehicle. It'-? you do riot have this Insurance, wrs may. If we decide. buy physical damage Insurance. If we decide to buy physical damage insur4nes.,w!&. may buy insurance that covers your Interest and our inters" 4n-the vehicle. If we buy this insurance." we will -tell you the Charge you must pay. The Charge will be the premium for?ths Insurance and a tMttnce Cud charge at the highest rate the law permits. I `, J It the vehicle is lost or damaged, you agree that we may use any!4 \ V Insurance settlement to reduce what you owe or repair the vehicle- ' yl .? ? (1 '.a o. What happens to returned Insurance, maintenance, service, or other aentroat oharges. If we gat a rotund of Weurance, maintenance, service, or other contract charges, you ogres that we may subtract the refund from what you owe. 3. YOU MAY PREPAY I 81?V,i:l?Ae?}`1?IES SELLER DISCLAIMS You may PrePSY all orr.pany of: the unpaid pan of the Amount Fin&wgd at ' ?„ . g paragraph tlOOS not affect any warranties covering the The followin ?nn?e1 d any time without penal Il'.you do so, you must pay the' as part without the Fi?tl!.." h and all other amounts rills tu-?e unpaid ehicle that the vehicle manufacturer may provide. The following Paragraph also does hg{ apply at all If you bought the vehicle primarily tar : jo J a1 d J 3 V date of your payment. I personal. family, or household use, ' 64141" the Seller makes a written warranty, or enters Into a service 4- IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES contract within Oo days from the date of this contract, the Seller a. You rryy owe late ohergas. You will pay a Into charge on each late makes no warranties, exWoes or In,piled, on the vahlele, and there payment as shown on the front. Acceptance of a fate payment or late ayment or moan that you rihay keep our late char dues not excuse will be no Implied warranties of ym?rchanfabtllty or of fitness for a lar ur tic ose ' p y ge making late payments. It you pay late, we may also take the stops Par p p u . described below. S. Used Car Buyers t3ulde. The information you see on,tA4l window form to. You may have to pay all you owe at once. If you, break your few this vehicle is part of this contmat. Informstlori on the window rovisions in thalcbntroot of Cale f rides a c ntrar e promises (default), we may demand that you pay all you owe on this . y p orm ov r ny o Contract at once. Defauh means: , 1. You do not pay any payment on time. Spanish Translation: 2. You stan a proceeding in bankruptcy or one Is started against you Guis para compradores do vehiculos usadoe. La Infoemscicn qua we or yoyr ProPertyi.or - , r- t :1? ', °, j •, 1 _en of. farmutario de to vantanilto pare eats vehiculo forma parts dot CJ ri l: 3. LY6b bleakv fiirlyagrLimants In thls'cohtraet. i I_ '0 .. - -preante contralto. La In1Iorrn6ieh&n del fewmutario de Is ventmnitla dela Yfiho amount you) %41111 owe will be the unpaid p$K.'bl IlUiU Amount ' sin efecto loch disposicidn in ocntrartc oontanide an of contrato do arge, any Financed plus the earned and unpaid pan of the Finance Oh . vents. late charges. and any amounts due because you defaulted. ' 7- APPLICABLE LAW - ' Fedaral:tahN atid. Pennsylvania law apply to this contract. . _) NOTICE: ANY HOLDER OF THIS CONSUMER CRE61T CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THS DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREU I NDEA_ - - ilE:h S•:/0(_' elj.- J,1?K<-v ,F 1'C'itr.K . u f-•?t:h i 4'E''r: ;-a ).'^„?tai: I ti?WEt_HH!•:iC?bi'::C E;' 11•t-I _ HVlsbizarlbe' I-:r ]'ric '? `t! i!1? !!:.1. )`.• Pr'eCit r.f:4C L•lsl tL CII'r] Si" ?•?St (Kf FS ^iClf?Vf 14 'ilFf V HEt.Kt:L'.. t.ty(l( KNEe HtrKF'f BriKf:' S;1- 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 `?I I(rT?` ??(? ?-LG 0. (NAME) CnmRC LL plaintiff herein, that (TITLE) (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Amended Complaint are true and correct to the best of his/her knowledge, information and belief. C--'?'(W (SIGNATURE) 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. WWR# 06319703 CERTIFICATE OF SERVICE A true and correct copy of the Amended Complaint in Civil Action has been served by First Class Mail, postage pre-paid, on "1' day of Nwo? , 2009 upon the following: John Heckard 214 Brian Dr Enola,Pa 17025 And Jill Heckard 99 Front St Enola,Pa 17025 ,7 By: r-a ? ? '1 n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff vs. Civil Action No. 07-7463 CIVIL TERM JOHN HECKARD JILL HECKARD Defendants PRAECIPE FOR DEFAULT JUDGMENT ON AMENDED COMPLAINT IN CIVIL ACTION TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, John Heckard and Jill Heckard, above named, in the default of an Answer, in the amount of $30,032.51 computed as follows: Amount claimed in Complaint $28,532.51 Interest from November 28, 2008 through April 29, 2009 at the legal interest rate of 0.00% per annum $ 0.00 Attorneys' Fees: TOTAL $ 1,500.00 $30,032.51 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: I Benjamin R. ibl , Esquire PA. I. D.#93 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06319703 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendants is: JOHN HECKARD, 214 BRIAN DR., ENOLA,PA 17025 and JILL HECKARD, 99 FRONT ST., ENOLA,PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff 07-7463 CIVIL TERM JOHN HECKARD and JILL HECKARD Defendants IMPORTANT NOTICE ON AMENDED COMPLAINT IN CIVIL ACTION TO: JOHN HECKARD 214 BRIAN DR ENOLA,PA 17025 Date of Notice: D YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?- 44L Benjam n R. r, Esquire PA I.D. #935 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #06319703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff 07-7463 CIVIL TERM JOHN HECKARD and JILL HECKARD Defendants IMPORTANT NOTICE ON AMENDED COMPLAINT IN CIVIL ACTION TO: JILL HECKARD 99 FRONT ST ENOLA,PA 17025 Date of Notice: ?7 ?s a YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 R?G & REIS CO., L.P.A. WELTMAN?, WEINBEE' ? By: -. Benjami R. Bile le squire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #06319703 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Case no: 07-7463 CIVIL TERM Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants 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, JOHN HECKARD JILL HECKARD 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, JOHN HECKARD JILL HECKARD is not in the military service. Further Affiant sayeth naught. fL SWORN TO AND SU SC ED in my presence this Zq day of r2? ?4 PUB - Sx var1A WRM A. JOW, NaWry PUW 011y of AMrphMM ?y CO,:00- on .kirr 29, 2010 Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 APR-29-2009 07:58:08 < Last Name First/Middle Begin Date Active Duty Status Service/Agency HECKARD JOHN 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. 14. AAY lot 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/fag/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 4/29/2009 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: BSAQZRRZYSW https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/29/2009 Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center APR-29-2009 07:58:36 0 Military Status Report Pursuant to the Servicemembers Civil Relief Act < Last Name First/Middle Begin Date Active Duty Status Service/Agency HECKARD JILL 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. 41a, )4. Vt I 4tai., A??_ 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/fNq/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 4/29/2009 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: BR VBAEAXAKG https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/29/2009 RLED-W " OF THE PRO,, 40 'ARY 2009 MAY -7 FM 12: 45 414.oo PD ATT4 &it,',f028y(o5 P-T* ?4490? IJofcc? I.?a?.ta? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff vs. Civil Action No. 07-7463 CIVIL TERM JOHN HECKARD JILL HECKARD Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud m t was entered against you on 9 (xx) Assumpsit Judgment in the amount of $30,032.51 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: PR ONOTA UTY) JOHN HECKARD 214 BRIAN DR ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff vs. Civil Action No. 07-7463 CIVIL TERM JOHN HECKARD JILL HECKARD Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud me t was entered against you on 51b o? (xx) Assumpsit Judgment in the amount of $30,032.51 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: PR HONOT D PUTY) JILL HECKARD 99 FRONT ST ENOLA,PA 17025 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff vs. JOHN HECKARD JILL HECKARD Defendants No. 07-7463 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT ON AMENDED COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA. I. D.#93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06319703 Judgment Amount $ 30,032.51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RECEIVED FFR 2 4 1010 , GMAC, LLC 2911 Lake Vista Dr # 200, Lewisville, TX 75067 Plaintiff VS. JOHN HECKARD 214 Brian Drive, Enola, PA 17025 JILL HECKARD 214 Brian Drive, Enola, PA 17025 Defendants and MEMBERS 1 ST FEDERAL CREDIT UNION 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike, Mechanicsburg, PA 17055 Garnishees No. 07-7463-CIVIL TERM A&?i cu-sca ' 76 INTERROGATORIES IN ATTACHMENT MEMBERS 1ST FEDERAL CREDIT UNION METRO BANK '.c ri -<? cz 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#6319703 i . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC 2911 Lake Vista Dr # 200, Lewisville, TX 75067 RECEIVED FEB 2 4 YUiu Plaintiff vs. Civil Action No.: 07-7463-CIVIL TERM JOHN HECKARD 214 Brian Drive, Enola, PA 17025 JILL HECKARD 214 Brian Drive, Enola, PA 17025 Defendants and MEMBERS 1ST FEDERAL CREDIT UNION 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike, Mechanicsburg, PA 17055 Garnishees TO: MEMBERS 1 ST FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-8987 and XXX-XX-5498 6280 Carlisle Pike Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike Mechanicsburg, PA 17055 RE: JOHN HECKARD AND JILL HECKARD 214 BRIAN DRIVE P.O. BOX 95 ENOLA, PA 17025 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. RECEIVED INTERROGATORIES IN ATTACHMENT FFR 2 4 YU1U 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? % kc4u hr 1 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. '(\a A6c6a lnT 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. (Vc) luu ar 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? K,D AECOUnr 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 Accaonr 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 Pcc6 V n T- 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? Wo kcou nr 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. Na AQoir 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. K?o WELTMAN, WEINBERG & REIS CO., L.P.A. By: Wil 'am W za , E uire PA I.D. #47437 WELTMAN, WEI ERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#6319703 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 o h (Name) x -?. C101 4tof @M IStMl+tai Credit U: ion garnishee herein, Title) (Company) RECEIVED FFR 2 4 YU1U that he/she is 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. r I (S GNA IRE) 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC 2911 Lake Vista Dr # 200, Lewisville, TX 75067 Plaintiff vs. JOHN HECKARD 214 Brian Drive, Enola, PA 17025 JILL FIECKARD 214 Brian Drive, Enola, PA 17025 Defendants and MEMBERS 1ST FEDERAL CREDIT UNION 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike, Mechanicsburg, PA 17055 Garnishees No. 07-7463-CIVIL TERM AN s wens `-Q INTERROGATORIES IN ATTACHMENT MEMBERS 1sT FEDERAL CREDIT UNION METRO BANK 0 Cz r71 ; y.: 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#6319703 -?j N =La r"rT ? r ?o C) Q '7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC 2911 Lake Vista Dr # 200, Lewisville, TX 75067 Plaintiff vs. Civil Action No.: 07-7463-CIVIL TERM JOHN HECKARD 214 Brian Drive, Enola, PA 17025 JILL HECKARD 214 Brian Drive, Enola, PA 17025 Defendants and MEMBERS 1 ST FEDERAL CREDIT UNION 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike, Mechanicsburg, PA 17055 Garnishees TO: MEMBERS 1 ST FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX-8987 and XXX-XX-5498 6280 Carlisle Pike Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike Mechanicsburg, PA 17055 RE: JOHN HECKARD AND JILL HECKARD 214 BRIAN DRIVE P.O. BOX 95 ENOLA, PA 17025 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 cornes 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. 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? Neither defendants have accounts at Metro Bank 1 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. 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. no 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? no 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. no 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. no WELTMAN, WEINBERG & REIS CO., L.P.A. Y: Wiliam T? olcza , E uire PA I.D. #47437 WELTMAN, WEI ERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#6319703 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 Metro Bank, 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. (SI ATURE) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson f? t??F* Sheriff 14???" of :,+q? r OF TKE PROWNOTARY Jody S Smith° Chief Deputy 2010 MAR -I PM 1: 51 Edward L Schorpp Solicitor CUIVtBERL A L ?:C)UNTY PE N',c) .L' ANIA GMAC, LLC . Case Number vs. John Heckard (et al.) 2007-7463 SHERIFF'S RETURN OF SERVICE 02/23/2010 01:00 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2010 at 1255 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: John and Jill Heckard, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 6280 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Matsa Beck, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. 02/23/2010 11:51 AM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2010 at 1151 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: John and Jill Heckard, in the hands, possession, or control of the within named garnishee, Metro Bank, 1130 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Eric Inzana, Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. SHERIFF COST: $175.50 February 24, 2010 SO ANSWERS, RO ANDERSON, SHERIFF Valerie Weary, Deputy 0? Cowity5uite Shert, Teieoso't. In;;. RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy °0tv OFFICE OF THE SHERIFF One Courthouse Square, Room 303 Carlisle, Pennsylvania 17013 EDWARD L.SCHORPP Solicitor t7 C March 11, 2010 GMAC, LLC vs ` ?. John and Jill Heckard1 N o _ ?? n7 -r7 Writ No. 2007-7463 ? !v Property Claim Determination To Whom It May Concern: Reference is made to Property Claim dated March 1, 2010, entered by Sally Heckard, Writ of Execution No. 2007-7463, Civil Term, GMAC, LLC vs John and Jill Heckard. Ronny R. Anderson, Sheriff, has determined that the claimant, Sally Heckard, in the above mentioned property claim, is the owner of the property set forth in the claim. cc William T. Molczan, Atty for Plaintiff Jill Heckard, Defendant Sally Heckard, Claimant of Cumber, d So Ans R . Anderso , She 'ff By u NOTICE OF PROPERTY CLAIM GMAC, LLC In the Court of Common Pleas Cumberland County, Pennsylvania VS John and Jill Heckard No. 2007-7463 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Sally Heckard, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 03-01-10 Cc William T. Molczan, Atty for Plaintiff Jill Heckard, Defendant Sally Heckard, Claimant S e ' f of Cumberland County By PROPERTY CLAIM IN 1 A -. VS A- W6 TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. a2Db 1 - ? `C 1 The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY soFA- - ? VALUE ?DaIS 3-,00 '0C) ?7 P S ? - l /dO,c? G 9 i k LL- W ,o6 THE CLAMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS: °z6 ?L? G ?" ¢ N %//` C -f 71 a c?? N 19 :112 ?q Er mho Date 3 /p Claimant State of Pennsylvania: County of Cumberland being duly swom according to law, deposes and says that the above list in the property claim are correct and true. Sworn apd ss0scribi(I to before This 0 1 Claimant . Al ub is , NOTARY PUBUC Boro, Cumberland County (4 €) ? EC;adislie mmission Expires April 4, 2013?? 7)7?5 f N ivj 6 fva yn L Cho , IR-s aC20 -66 Lkta PS l L S ?O,ob YkAl /jOV P9- k - .o C o r---e T o e U IS I a iV 3 3 no -60 6 tiA,?S-3 3O.p? h00d -bNd0101 WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire I.D. No.90963 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 06319703 Attorney for Plaintiff(s) GMAC, LLC vs. JOHN HECKARD and JILL HECKARD and MEMBERS 1ST FCU and METRO BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 07-7463 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), MEMBERS 1ST FCU and METRO BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. B Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to and subscribed Before me the 10 Day of MARCH, 2010 TARY UBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila G. Bevan, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires Nov. 15,2010 Member, Penncvlvania Association of Notaries Cl -j t? 0 4 S.oo PI, ATT4 et'l 039aa0 M* a391IJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC 2911 Lake Vista Dr # 200, Lewisville, TX 75067 Plaintiff vs. No. 07-7463-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT and LEVY) JOHN HECKARD 214 Brian Drive, Enola, PA 17025 JILL HECKARD 214 Brian Drive, Enola, PA 17025 Defendants MEMBERS 1 ST FEDERAL CREDIT UNION 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike, Mechanicsburg, PA 17055, - ' : C cA ? rn r Garnishees, 0 a4. so Pca Amy 44.00 OW 3(.00 78. so " I6. oo " 14. oo 8-00 14.oo " 61.50 " d1(o . so - Pb A'1' -f 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#6319703 *.I -M L" • So LL CK,? X15! X133 ? a3?aa.5 ??? IWAAAd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC 2911 Lake Vista Dr # 200, Lewisville, TX 75067 Plaintiff VS. JOHN HECKARD 214 Brian Drive, Enola, PA 17025 JILL HECKARD 214 Brian Drive, Enola, PA 17025 Defendants MEMBERS 1ST FEDERAL CREDIT UNION 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK 4860 Carlisle Pike, Mechanicsburg, PA 17055 Garnishees TO THE PROTHONOTARY: Civil Action No. 07-7463-CIVIL TERM 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 JOHN HECKARD AND JILL HECKARD, Defendants 3. against MEMBERS 1sT FEDERAL CREDIT UNION AND METRO BANK, Garnishees 4. Levy on all Defendant's property 4. Judgment Amount $ 30,032.51 Interest $ 1,332.95 Costs $ SUBTOTAL: $ 31,365.46 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By. William T: M61czan, Esire PA I.D. 447437 f/ WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6319703 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC, LLC Plaintiff vs. JOHN HECKARD JILL HECKARD Defendant MEMBERS 1sT FEDERAL CREDIT UNION METRO BANK Garnishees WRIT OF EXECUTION NOTICE No. 07-7463-CIVIL TERM This paper is a "Writ of Execution". It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens, the Sheriff must give you from the sale at least $300.00 in cash or property. There are also other exemptions which may be applicable to you. Listed below is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Complete the claim form on the opposite side and demand a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court when and where you are told to appear ready to explain your exemption. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. 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 2 Liberty Avenue Carlisle, PA 17013 TELEPHONE NO.: (717) 249-3166 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 exemptions set by law. 2. All wearing apparel used by yourself and all family members. 3. Bibles, school books, sewing machines, uniforms & equipment. 4. Tools of your trade such as carpenter's tools. 5. Most wages & unemployment benefits. 6. Social Security benefits, certain retirement funds and accounts. 7. Certain veteran & armed forces benefits. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above-named defendant, claim exemption of property from levy or attachment: (1) FROM MY PERSONAL PROPERTY IN MY POSSESSION WHICH HAS BEEN LEVIED UPON, (a) I desire that my statutory $300.00 exemption be: (_) (1) set aside in kind (specify property, to be set aside in kind: (__) (2) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption: (specify property and basis of exemption): (2) FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY, I CLAIM THE FOLLOWING EXEMPTIONS: (a) my $300.00 statutory exemption: () in cash (_) in kind (specify property): (b) (c) Social Security benefits on deposit in the amount of $ Other (specify amount & basis for exemption): I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: TELEPHONE NUMBER: I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsification to authorities: Date: Defendant: THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County One Courthouse Square, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (717) 240-6390 Note: Under paragraphs (1) and (2) of the Writ, a description of specific property to be levied upon or attached may be set forth in the Writ or included in a separate direction to the Sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the Sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111 (a). For limitations on the power to attach tangible personal property, see Rule 3108(a) (b). Each court shall, by local rule, designate the officer, organization or person to be named in the notice. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7463 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC., Plaintiff (s) From JOHN HECKARD and JILL HECKARD, 214 Brian Drive, Enola, Pa 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell all defendatn's property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FEDERAL CREDIT UNION, 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK, 4860 Carlisle Pike, Mechanicsburg, PA 17055 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 $30,032.51 L.L. $.50 Interest -- $1,332.95 Atty's Comm % Atty Paid $226.50 Plaintiff Paid Date: 2/9/10 (Seal) Due Prothy $2.00 Other Costs C Davi uell, Pr By: 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 Deputy Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody.', Smith Chief 1 )eputy Edwai d L Schorpp Solicit, ,r GM >C, LLC N S. Joh i Heckard (et al.) ttfl D-Of ETA Y 1'i 2' 9 ? }? 2010 AR 2 OFF-E OF THE --=RIFF ?VJ ft)IIS .?`- • Case Number 2007-7463 SHERIFF'S RETURN OF SERVICE 02/2; /2010 01:00 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2010 at 1255 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: John and Jill Heckard, in the hands, possession, or control of the within named garnishee, Members 1 st Federal Credit Union, 6280 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Matsa Beck, Teller, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him/her. 02/2; /2010 11:51 AM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 23, 2010 at 1151 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendants, to wit: John and Jill Heckard, in the hands, possession, or control of the within named garnishee, Metro Bank, 1130 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, by handing to Eric Inzana, Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. 02/2! /2010 02:00 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1400 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Jill Heckard, by making known unto Sally Heckard, Adult in Charge, at 214 Brian Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-01-10. 02/2! /2010 01:49 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on February 25, 2010 at 1400 hours a true copy of the within writ of execution was attempted to be served upon the defendant, to wit: John Heckard, 214 Brian Drive, Enola, Cumberland County, Pennsylvania 17025. At that time it was learned that the defendant is incarcerated at the State Correctional Institute at Mercer and will be there for approximately 3 years. 03/0'/2010 On Monday, March 1, 2010 at 1204 hours, a property claim was filed by Sally Heckard. All parties notifiec by mail this date. 03/1'/2010 Reference is made to Property Claim dated March 1, 2010, entered by Sally Heckard, Writ of Execution No. 2007-7463 Civil Term, GMAC, LLC vs John and Jill Heckard. Ronny R. Anderson, Sheriff, has determined that the claimant, Sally Heckard, in the above mentioned property claim, is the owner of the property set forth in the claim. 03/202010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED per Pennsylvania Rules of Court 3206(c). SHE[ ZIFF COST: ; $ 216. 3 2 Marc 124, 2010 SO ANSWERS, RON R ANDERSON, SHlrRIFF B 57o t , 0 ;? 3 9 y3 ? C; CCtmf,Suite Snenff. Teleoft Inc WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7463 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC., Plaintiff (s) From JOHN HECKARD and JILL HECKARD, 214 Brian Drive, Enola, Pa 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell all defendatn's property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS IsT FEDERAL CREDIT UNION, 6280 Carlisle Pike, Mechanicsburg, PA 17050 METRO BANK, 4860 Carlisle Pike, Mechanicsburg, PA 17055 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 $30,032.51 L.L. $.50 Interest -- $1,332.95 Atty's Comm % Due Prothy $2.00 Atty Paid $226.50 Other Costs Plaintiff Paid Date: 2/9/10 Dav . Buell, Prothono ary (Seal) By: Deputy 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: 412-434-7955 Supreme Court ID No. 47437 n _ _,