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HomeMy WebLinkAbout08-05174 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. 08 - 511 Civit -Fer rK vs. DAVID L DIETRICH JR COMPLAINT IN CIVIL ACTION Defendant 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#06209653 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. Of- 6'17 &,;d -2' DAVID L DIETRICH JR Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301 TROY, MI 48098-0000 2. Defendant is an adult individual residing at 65 OLIVER RD ENOLA,PA 17025. 3. On or about MARCH 19, 2004, Defendant duly executed a RETAIL INSTALLMENT SALE CONTRACT (hereinafter the "Contract") in favor of SUTLIFF CHEVROLET CO., a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a 2004 CHEVROLET VENTURE. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned to Plaintiff. 6. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of $7639.19 is due from Defendant as of DECEMBER 14, 2007 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 7.75% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $1000. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, DAVID L DIETRICH JR, individually, in the amount of $7639.19 with continuing interest thereon at the Contract rate of 7.75% per annum from DECEMBER 14, 2007, plus attorneys' fees of $1000 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. A'?41 William T. Molczan,?squire PA I.D. #47437 ??' WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:06209653 -.1- 1 ,ate -_ clL Vlerrl^t I Dealer Number Contract Number O a 0 -Q A u 4-7 H S 7 Buyer (and ,o-Buyer)-Name and aldmss (Include county end zip ?xdei' Creditor (Seller name and address) DAVID L GIETRI CH JR SUTLIFF CHEVROLET C. 201 LOUIS LANE S LANE P 0 BOX 1307 O ENOLA. PA 17025 HARRISBURG, PA 17105 _?40-47457 Vou, the Buyer (end CoBuyer, X any). may buy the vehicle described below f« cash «on credit. B s' n; ,Nit c«„rad, you c,xrue O?O•c under the agreements on the front and back of this contract. You aBnee to By g "g s ordi payment schedule shown below. Pay tn, the Creditor, the Amount Financed end Finance Charge e according to the aE ALTRUTN-IN-LENDING DISCLOSURES nnwrlCE Areal Sale s PERCENTAGE CHARGE Financed The amount RATE st of r The nylon Tfre amount d wit hews pay eX« I cost of Toth of PeymanU Fy:oj?d?? The co n credit as a yearly red-l the it it cost c dt Payed to You h8Ve made ad rate . n You «ou. payments as 7.75 _. .6.10744 22nircndn.. Your Payment ScharluelWIII Be: Number Amount Wham I's ant of Pa menu of p menu Are Due Or as S 410,V/ I MonBtybegkming Follows Late Charge. 11 a paymrea la not races m Sun within 10 days when q Is due, charge. If Iha veMCe Is a haavy 2orrxnarciat " Ot« vah0le. to You wN pay a fate wiff pSym ns that Is Wis. OBrerwee, Bre dn¦ wB bus 2x °ha`? be 4X of the part of the late, figured based on a too calendar month for an ?r month of the part d the payment that is my Pent of a month that Is more than 10 days. Prepayment. If You pay oX all your debt early, you may be model to a refund of part of it* finance t)8 Security Interest. You are ghAng a security Interest in the vehicle being purchased. Additional Information: See this contract for more information Including inlonnaypn about nonpayment, defacl, any required repayment in full before the scheduled date, prepayment refunds and seouriy Interest. , r rah r - Oe ANIOUNT FINANCED 1 Cash price (including any s cassores, services, and taxes) 0 (7 ) $23,500 _ 2 Total downpaymed = (X rlegetNe enter'0' d , IIna 4H below) , = : Gross trade-in S 2 ?0 00 -payoff by seXw S 2,185.11 = net trade-in S 14 $9 cosh S N/A ether (des«i fR s 000 00 3 lJnpad balance of cash 2606 if minus 2) $ (z) 9 4 Other charges including amounts pay to Others on your bsha f (Selle 1 ) r may keep part of these amorets.l: A Cost of optional credit kuurance paid to the Insurance company or companies Life s 708.90 Deablfiy s s 1,743.59 B OBer Insurance paid W tle Insuranc?a company (describe) s N/A C Offlcll fees paid to govemmeM agerolee s D OoveMMM taxes not Included in cash price S i, iD,7, yU E Govemment license and/or regleiration fees $ 23.75 F GOVemment certocate o tits fees (Includes S N/A security kaerest recording fee) S 22,50 G Other charges (Seller must Idendly who is pall and describe purpose.) to UMAL QbO/ s 595.00 to k'a H Net Inshaaroe. Y";,,., bury a physical damage Insurance this canroct re(see beck) from anyone you who is acceptable to us. You are not requked T=_ other insurance to obtain credo. Your decislan to buy or rat buy other ins"M will rot be a factor M the credo approval process. 11 1 enurance is checked below. policies or cemfkNes from the named kmnance campmes will describe She terms and conditions. Check the Insurance you want and sign blow: I- Optimal Credit Insurance. v Credit Life: XY? Buyer ? Co-Buyer Term Q Credit / L Xy (Buyer Only) T ![ atu Premium: Credit Life s 708 90 Credit DISaMNN S 1 . (1zft FO (Hone Office Address ) Credo Hie insurance and credit comb" Insurance are not reoytred to obtain credit. Your dec'alon to buy or not buy credit life Insurance and credit disabft insurance will not be a factor In the credit approval p 68, They will not be provided unless you sign Nnd agree to pay the extra cost. Crane too insurance pays fire unpaid part of Bre amont fifrerlced 0 You die. Credt disability Inaurence pays the Scheduled payments due under this contract wh o@ you are daabled. The polices of cannons. Issued by the =:=.= nies may mit fie « credit disabloty Insurance provides. See the pool or certlficates for coverpe Amle end ohsr terms and oonditlore. Credit He Insurance and cretlX disdblit Inauarnce era f« Bre tame d fits contract unbes Ina col l term for the Imeurerxe is Shown below. Other lnsursnce. Type of Insurance Tenn Premium S N/A (Insurance Company) (Home Dike Address) I want Bre n trance the I ad above. X -? Buyer Sign rare 6k19/2004 X Co-Buyw gin lure Date s Amount financed (3 . 4) ANY INSURANCE REFERRED TO IN THIS e Finance charoe 8 s CONTRACT DOES NOT INCLUDE COVERAGE 7 Total of payments -tlme bNence (5r8)?} fOR PERSONAL LIABILITY AND PROPERTY N you do not meet your contractual out DAMAGE CAUSED .0 OTHERS. gatlons, you may loan your motor Ye110N. HOW THIS CONTRACT CAN BE CHANGED. This contract contske the wiles agreement between you and us ralatlng to this contract Any change to the contract must be In and n 8. No oat changes are bIndirq. Buyer Si ns X -? !f (?I Co-Buyer Signs X If any part of this contract is rot valid, all other parts stay valid. We may delay or refrain Irorri enforcing For example. we may extend the time for making soma paymenu without extending the tlme for making othe?rs.d our rights under this contract without b6Ing them. You authorize us to obtain information about You, or the vehicle you are buying from the slate motor vehicle department or other motor vehicle registration sAtorltles. See back for other important agreements. Notice to Buyer. Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect le ?ts. Buyer Signs III f ¢' Data 3/19/2004 co-Buyer Signs X Date You agree to the 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 confirm that you received a completely filleil Co? y ned it. Buyer Signs Data 3/19/2004 Co-Buyer Sign X Date Co-S`yens and Other, eOwners - A co-toyer e a person who h resporMble for paykg sit entire debt. M Other ovnner Is a person whose tutus ism the title to the vehicle tk does not have to pay the debt. The other ohwxr agrees to Uhe security interest in the vehicle given to us in this contract, Omer owner ate c`«dI I " 3/19/2004 TItAGENT Seller as est s d loGeneral Motors Acceptance Coporelion (GM C) uder the 'Retell nlrrm?.....e... uY Tida Z109 PA 3/2004 (For U. In the State of Pennsylvania) (1 of 4) Notice: Sea Other Sid-. CoPYnght 2001 General Motors Acceptance Corporation. All Rights Reserved. EXHIBIT ORIGINAL i 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 isto( LxWn a ff ff (Name) Mm?\o Yafff- of Ommot La , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification. and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. ohm) (Signature) WWR#06209653 - 49- ? Tl 0 0 04 CO) Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 GMAC, LLC Plaintiff V. DAVID L. DIETRICH JR To The Prothonotary: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-517 PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance as attorney for the Defendant in the above captioned matter. Date: February 8, 2008 ?"?' ` -A? DOUGLAS C. LOVELACE, JR., Esquire Attorney for Defendant ra °o C)n -Ti 1 CA ?? r Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 GMAC, LLC Plaintiff V. DAVID L. DIETRICH JR Defendant : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - IN LAW : NO. 08-517 NOTICE TO PLEAD To: GMAC, LLC, through its attorney, William T. Molczan, Esquire, Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, Pennsylvania, 15219. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you Date: February 8, 2008 Very res ctfully, i DOUGLAS C. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant r Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 GMAC, LLC : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW DAVID L. DIETRICH JR NO. 08-517 Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW, February 8, 2008, Defendant, by his attorney, Douglas C. Lovelace, Jr., files this Answer with New Matter to Plaintiff's Complaint and avers as follows: ANSWER 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 2. Admitted. 3. Denied. Exhibit "A" to Plaintiff's Complaint is not a true and correct copy of any contract or other agreement that Defendant may have entered into with Plaintiff. 4. Admitted in part and denied in part. Defendant admits to purchasing a vehicle from Sutliff Chevrolet, Co. Defendant denies that Exhibit "A" to Plaintiff's Complaint is a true and correct copy of any contract or other agreement that Defendant may have i entered into with Sutliff Chevrolet, Co. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 6. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Defendant avers that Exhibit "A" to Plaintiff's Complaint is not a true and correct copy of any contract or other agreement that Defendant may have entered into with Plaintiff. By way of further answer, Defendant specifically denies owing the entire balance claimed by Plaintiff. 7. Denied. Plaintiffs denies owing Plaintiff the sum of $7,639.19, as of December 14, 2007. By way of further answer, Defendant avers that Plaintiff has failed to off-set any amount that may be owed to Plaintiff by Defendant by the value of the vehicle Plaintiff repossessed from Defendant. 8. Denied. The document Plaintiff claims is a true and correct copy of a contract between Plaintiff and defendant displays an interest rate of 7.75% only as an internal calculation of the finance charge Sutliff Chevrolet, Co. charged Defendant. 9. Denied. The document Plaintiff claims is a true and correct copy of a contract between Plaintiff and defendant; i.e., Exhibit A to Plaintiffs Complaint, does not provide that Defendant will pay Plaintiffs reasonable attorney fees. 10. Denied. Plaintiff s averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In 2 the event and to the extent this averment is found not to be a conclusion of law, Defendant avers that Plaintiff attorney fees of $1,000.00 are unreasonable. 11. Denied. Defendant denies owing the principal balance, attorney fees, and interest claimed by Plaintiff in its Complaint. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiffs Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. NEW MATTER 12. Plaintiffs Complaint fails to state a cause of action, upon which relief may be granted. 10. Plaintiff s cause of action is barred or limited by Plaintiffs failure to off-set any amount Defendant may owe Plaintiff, by the value of the vehicle Plaintiff or its predecessors repossessed from Defendant. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. Respectfully submitted, Dated: February 8, 2008 r., &Jfop- Douglas C. Lovelace, Jr., Esq. Attorney and Counselor at Law 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant 3 s Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-517 VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, GMAC, LLC Plaintiff V. DAVID L. DIETRICH JR relating to unworn falsification to authorities, that the facts and circumstances set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information, and belief. Date: February 8, 2008 /G Vz// DVid L. Dietri , Jr. Defendant GMAC, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW DAVID L. DIETRICH JR NO. 08-517 Defendant CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on February 8, 2008, I served a true and correct copy of the foregoing answer with new matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: William T. Molczan, Esquire Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building, 436 Seventh Avenue Pittsburgh, Pennsylvania, 15219 Attorney for Plaintiff Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 ?v ?._ .° t ` -a 1 = rv rn l -< SHERIFF'S RETURN - REGULAR CASE NO: 2008-00517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS DIETRICH DAVID L JR JESSICA HERMANSEN , Sheriff or Deputy heriff of Cumberland County,Pennsylvania, who being duly swo n according to law, says, the within COMPLAINT & NOTICE was ser ed upon DIETRICH DAVID L JR the DEFENDANT , at 1839:00 HOURS, on the 24th day?of January , 2008 at 65 OLIVER ROAD ENOLA, PA 17025 by handi DAVID DIETRICH JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to tYe contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.0 0r'° 14.40 .58 10.00 R. Thomas Kline 00 42.98 01/25/2008 WELTMAN WEINBERG R IS ?? A n Sworn and Subscibed to By: \WAA before me this day of A.D. to epufy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION GMAC, LLC Plaintiff VS. DAVID L. DIETRICH, JR. Defendant No. 08-517 REPLY TO NEW MATTER COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D.00963 Weltman, Weinberg & Reis Co., I.-P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6209653 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL, DIVISION GMAC, LLC Plaintiff VS. DAVID L. DIETRICH, JR. Defendant No. 08-517 REPLY TO NEW MATTER AND NOW COMES, Plaintiff, by and through its Counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Reply to Defendant's New Matter in the above- referenced matter. In support thereof, Plaintiff avers as follows: 12. Denied as Conclusion of Law to which no response is required. 13. Denied as a Conclusion of Law to which no response is required. WIIIRIFORE, Plaintiff respectfully demands that Judgment be entered in its favor and against Defendant for the full amount claimed in Plaintiff's Complaint. Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., l..P.A By: /? -I- Maithew D. Urban, Esquire PA I.D.490963 1400 Koppers Bldg. 436 Seventh Avenue :Pittsburgh, PA 15219 (412) 434-7955 WWR # 6209653 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, that 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 because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of'his knowledge, information, and belief. /.. Attorney for Plaintiff 4-? CERTIFICATE OF SERVICE A true and correct copy of the within Reply to New Matter has been served by U.S. 7 ?` Mail, postage pre-paid, on day of `?J(% + c \v\ 2008 upon the following: Douglas C. Lovelace, Jr., Esq. 36 Donegal Drive Carlisle, PA :7013 r' BY: Matthew D. Urban n c == - 'D o 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) GMAC, u-C VS. "Ou d ? J) 1 &6 cq 3y-, (Plaintiff) (Defendant) No. Civil X 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) : `1(l +on +'1- ammcv 2. Identify counsel who will argue case : W yI r ?) E - 1 ?) j U_14r -CS Waltman, unberg & Reis Co CLL UI.r'li SGlu`11 nu1 4. Argument Court Date: (a) for plaintiff : 1400 Koppers Blog, Address: ` 436 7th Ave. Pittsburgh, PA 1'9 (b) for defendant: (412) 434-7955 Address :., 14S LOlrci4?t v e , 3. I will notify all parties U writing within two days that this case has been listed for argument. tornev fczr- r, s -?°^ r CO ..} t5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC, Plaintiff, vs. DAVID L DIETRICH JR, Defendant. Case No.: 08-517 MOTION FOR SUMMARY 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 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06209653 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC, Plaintiff, i Case No.: 08-517 vs. MOTION FOR SUMMARY JUDGMENT DAVID L DIETRICH JR, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: 1. This action arises out of Defendant's failure to make payments on a written GMAC Retail Installment Sale Contract for a 2004 Chevrolet Venture. 2. On or about January 23`d, 2008, Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $7,639.19 at the rate of 7.75% per annum from December 14th, 2007, attorneys' fees of $1,000.00 and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "1" and made a part hereof. 3. On or about February 24th, 2008, Defendant filed an Answer to Plaintiff's Complaint. A true and correct copy of the Answer is attached hereto as Exhibit 112" and made a part hereof. 4. On or around March 19th, 2008, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "3" and made a part hereof. 5. Defendant admits all of Plaintiff's Requests for admissions, except his claim that the resale price of the automobile was below fair market value and was not applied to the balance due. WWR No. 06209653 6. Plaintiff clearly subtracted the sale of the vehicle to calculate the deficiency balance. See Exhibit "C", sub Exhibit "3", "How we calculated your deficiency." 7. In Plaintiffs discovery demands, Defendant was specifically asked to produce documentary evidence or information substantiating a defense. 8. Defendant has failed to provide any documents in response to Plaintiff's Requests. 9. Defendant did not provide any evidence to support his allegations that the resale of the vehicle was not reasonable. 10. Under Pennsylvania law, the resale price of a motor vehicle after repossession is prima facie, but not conclusive evidence, of the reasonable value of the motor vehicle at the time of resale. 69 P.S. § 627 11. By way of his Answer, the documents attached to this Motion, the Requests for Admissions deemed admitted under Pa.R.C.P. 4014(b), and the Defendant's lack of defense, summary judgment is warranted as a matter of law. WWR No. 06209653 WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant in the amount of $7,639.19 with interest at the rate of 6% per annum from December '4`h, 2007, plus attorney's fees of $500.00 and costs. Respectfully Submitted: By: Benjamin i er, Esquire PA I.D. #93,598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06209653 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. DAVID L DIETRICH JR Defendant 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#06209653 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. DAVID L DIETRICH JR Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301 TROY, MI 48098-0000 . 2. Defendant is an adult individual residing at 65 OLIVER RD ENOLA,PA 17025. 3. On or about MARCH 19, 2004, Defendant duly executed a RETAIL INSTALLMENT SALE CONTRACT (hereinafter the "Contract") in favor of SUTLIFF CHEVROLET CO., a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a 2004 CHEVROLET VENTURE. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned to Plaintiff. 6. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of $7639.19 is due from Defendant as of DECEMBER 14, 2007. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 7.75% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $1000. 1 l . Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, DAVID L DIETRICH JR, individually, in the amount of $7639.19 with continuing interest thereon at the Contract rate of 7.75% per annum from DECEMBER 14, 2007, plus attorneys' fees of $1000 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. 4?-? William T. Molczasquire PA I.D. #47437 d WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:06209653 ....- ev., h,vc.rw- ..-%nnv 1 nM%.1 Dealer Number C ntracl Numbs O a, +q A u rl q -7 Ll .S 7 x (an0l:o-&yar)-Nana rd adAess (Yhande cou^IY and nP mdei • Credit( (Sea rSene and D L DIETRICH JR SUTLIFF CHEVROLET CO. address) IN "'?"'?' LOUIS LANE P 0 BOX 1307 4R PA 17025 HARRISBURG, PA 17105 020-9040-47457 a Boyar land Co-&ryer, M WWL may buy ft vaiice dseaWed 6Mow for wh «m crada. By WWft mna cafrwL You came v...., ......._.,, Doti kaa anal back d Vat e«aact You epee b pry us. ale Creditor. fn Amaea Financed and Finance Charlie acrardirq a, as FEDERAL TNUTH41114ANDINO DISCLOSURES aNUAL M TAOE FINANCE CMARGE Arneson Fh Toad d Peywenb Tom sda Pda IATE ThmaAtSa haheed The ragas d The amoLef you we heve Palal spa Thebtal tmtd oal d you es = anoud fe uedN (evaded b you have made ad yo„r pudwe p,n a.dil inc?lrarp m y ran crsdl Sep med Y-=Y Le Pgnanr an . x.75 .6.102 b9 .24.(I9;; ;S ><n I A, oat. S allrt7Tlr7r saymed sehe" we Be: xnn.r Amasf When Payrrherrr Orate synhesfe d P Are Dun Follows f Mpnydy :h.rge. N a l aymaa b not ecalved n h/ wBbh 10 days apsek r All. you wN pay ¦ mar e. f fma velfrL Is a heavy mmrdal'now v.1 . are chaps we be 4%d fe pat of fhe ml Mal Is rfe. OServfae, the charge we be 2% par morph of are pad of the payment rid is gurad beaad on a fill calendar month kW ay pad d a mmo set r moll vw to date. ymnw. N You payd a your dent early, you maybe ermfed Ion rekud 01W of fe linahca 1. fly kderea . Ym tee pine a Security hared In the vehicle bang purchased end edormosm: sea this mraacl hW mere hfornhmafon YhCNdhhp irlonrhatlm abut ? ? any regied ,.p.Ymaa In ka b.rr. re sdh.a,rd ma. wwarnwd rdads ZATION OF AMOUNT FINANCED dr prim pnahhdrq hF am.0eales, servicen and riles) s23,500. 00 It) at dwwgeymra . m refave 'o' and See Irma 4N «ia below ? rolls faders Z.2W DD -a mp M afar S T? Ate,- T 7 M Wade. s 14 U9 « cash f A aloe ro.teaib.RES : ;non rvt s 12) read balance d cash brie (1 minus 2) 31 ter ohapea hhdudkhp ar"M paid to ofee m your b~ (Seller my p Win d Cann esrouhb.l: .Dal ar opfawl aql krLearna paid b the keurence ompahy a mrhpWes if. $ 708.90 S 1, U34. W s 1,743.59 liter hearc. paid to fe Insurance Ca.Ww d.aare) s WA >eclet lees paid b gwanmaf apahdete i0varArnent mate not hW.prded on cash prim f t, t», yu iovernmed kerae arKft raglcefon fees $ 23.75 lovenarhad W b we e limas lens alts .essay N~ mcamay fee) s 22.50 hither charges (same rnat ide Oy who is pfd and 7es«De pupae.) an :--595.00 w? la f JJ, UO an Wr f ?A- Innaalee. You may buy am physical damepe hmr . ass rasa[{ repass (sa haA) Rom arlyohhe you d- im mcaptabr ro a. You tee not = b bury any (name Imam to obtain craft Ym daciarru to buy a me buy came ka ca ce will not be a factor In the me m-W P-O INrmi the named checked below. policies a ardifata kwancia WmsadmdtkN . campaia we describe arm Check pin heaaraes you west and Mo. baba.. L Optlond Credit Insurance. 9 -1b Buyer ocOeyar (a Gedft Dkabpiv M, OW Tenn ?L Premium: Cedit Life f 706 90 (Hans Office Ad&- I Credit Me kmearenca and credit drabpy W.. ere red wn$* al abfen credit yW der'tern buy a lend buy boast tee Ymserca end cretlNb drsbley Insurance will not be a bca In to credit Wpmval pnocann. They WAS red be 1 11 Winne you sign and agree r pay to exfa CML Q*W lie nascence pays the unpaid pat of fma amoaf Wonced N you can. Credit drabRy htao ce pays are scheduled payments due under fie Eanbed whir you we disabled. The polkas a oerffcaJas Hnesd by M named emaLearite companies may hrdier Nina the covarago min credit fie a Mo diaablMy hmaerwe proddes. Sou to polices a codwAmt for mva imp Nib and der mama and mrafar. Gall We I at.- and aedR drabMly hhaWahw ere for to bran d fits oared Lefts a 'o.r. tam krr to Immanence r ahrown bobw. Oder lmheance. 0 Type fWmursree Term Premkan S - WA (kmLea,ce compamr) (lone Dec. Address) I :=d above .Z n 9fiBkMF Buys Sipekua X Date ANY INSURANCE REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. ••-• •••••• maw ....w.swra arwpnees, yan may bee yaw motor y.hkle. "M CONTRACT CAN BE C.NANOED. Thin mnhact Colnlnne M rile areamelf beMSan you and a readhg In thls contrea Any char hge In tle mud be n?+?jq Oro wy X No oral clr.man ere binndiry. art of INS,conbact Is not vefd, a afar pleb ary meld We may delay a relraln ham adacinp any d our d" under ft mar ael win bskv Mm. nple, we may eland ON lime br makkg come peyrrmarhr Mtlroul esrrhding the bane he mm" others. shahs Lea ID Obtain 11110n, 1110n ebcut you, a the vehicle you tee buykp hom On Obis motor vehicle department a oars .bra vehicle rogbhafva k la e1t1e knporumt sgrmawments. .gin me aonoacr m ¦ sunny. -- - Notice to Buyer. yt sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep I yeN?/?ts. ??L l oil. 3. M 5A 9/2004 cc eawer silrhm x Data agree to the terms of this contract You confirm that before you signed this contract, we gave It our and you were free to take it and review It You confirm that you received a completely in copy?wherlypppigned It oil. 3.9/2004 co•BUya s+pm x o.r s sad Oder (Mmes - A m4luyee Ism palm Mean respornie for pang ew erteee deb. Another mmer b e pvtn whose rume b m me lde b fe Mrkie bN does b fay the dame. The der caer agnns to the Security irwew n the vdick given to a in sits canal. asgw..ea.rseea#a 0I5 mYWW an General Md«s Acceptance Corporafon tGNI ) under l a`%4& %jFdm%C Retail •••-- -- I EXHIBIT % 312004 (Fa Use in fur Star d Pennsylvania) 11 of 4) Notice: Sae Other Shia M 2001 General Molars ACOeptance Corporefon. AN Rights Reserved. ORKRNAL 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)n S- ?n 0116 k, LL t (Name) t 1 \ of plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR#06209653 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 GMAC, LLC Plaintiff V. DAVID L. DIETRICH JR : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-517 NOTICE TO PLEAD To: GMAC, LLC, through its attorney, William T. Molczan, Esquire, Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, Pennsylvania, 15219. You are hereby notified to plead to the within New Matter, within twenty days from service hereof, or a default judgment may be entered against you Date: February 8, 2008 Vzres tf Wly, DOUGLAS C11`. LOVELACE, JR., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 r • Attorney for Defendant r ENO Defendant o r7l -n q [J tV cn Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 GMAC, LLC Plaintiff V. DAVID L. DIETRICH JR Defendant : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-517 AND NOW, February 8, 2008, Defendant, by his attorney, Douglas C. Lovelace, Jr., files this Answer with New Matter to Plaintiffs Complaint and avers as follows: ANSWER I Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and. proof thereof is demanded, if relevant. 2. Admitted. 3. Denied. Exhibit "A" to Plaintiff's Complaint is not a true and correct copy of any contract or other agreement that Defendant may have entered into with Plaintiff. 4. Admitted in part and denied in part. Defendant admits to purchasing a vehicle from Sutliff Chevrolet, Co. Defendant denies that Exhibit "A" to Plaintiffs Complaint is a true and correct copy of any contract or other agreement that Defendant may have entered into with Sutliff Chevrolet, Co. . Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. 6. Denied. Plaintiffs averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent this averment is found not to be a conclusion of law, Defendant avers that Exhibit "A" to Plaintiff's Complaint is not a true and correct copy of any contract or other agreement that Defendant may have entered into with Plaintiff. By way of further answer; Defendant specifically denies owing the entire balance claimed by Plaintiff. 7. Denied. Plaintiffs denies owing Plaintiff the sum of $7,639.19, as of December 14, 2007. By way of further answer, Defendant avers that Plaintiff has failed to off-set any amount that may be owed to Plaintiff by Defendant by the value of the vehicle Plaintiff repossessed from Defendant. 8. Denied. The document Plaintiff claims is a true and correct copy of a contract between Plaintiff and defendant displays an interest rate of 7.75% o only as an internal calculation of the finance charge Sutliff Chevrolet, Co. charged Defendant. 9. Denied The document Plaintiff claims is a true and correct copy of a contract between Plaintiff,and defendant; i.e., Exhibit A to Plaintiff's Complaint, does not provide that Defendant will pay Plaintiff's reasonable attorney fees. 10. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In 2 the event and to the extent.this averment is found not to be a conclusion of law, Defendant avers that Plaintiff attorney fees of $1,000.00 are unreasonable. 11. Denied. Defendant denies owing the principal balance, attorney fees, and interest claimed by Plaintiff in its Complaint. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiffs Complaint with prejudice, assess all costs against. Plaintiff, and grant such other relief as the Court.deems just and proper. NEW MATTER 12. Plaintiff's Complaint fails to state a cause of action, upon which relief may be granted. 10. Plaintiff's cause of action is barred or limited by Plaintiff's failure to off -set any amount Defendant may owe Plaintiff, by the value of the vehicle Plaintiff or its predecessors repossessed from Defendant. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice, assess all costs against Plaintiff, and grant such other relief as the Court deems just and proper. Respectfully submitted, Dated: February 8, 2008 - Q` Douglas C. Lovelace, Jr., Esq. Attorney and Counselor at Law 36 Donegal Drive Carlisle, Pennsylvania 17013 (717) 385-1866 Attorney for Defendant 3 GMAC, LLC Plaintiff V. DAVID L. DIETRICH JR : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-517 VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C. S.A. § 4904, relating to unworn falsification to authorities, that the facts and circumstances set forth in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information, and belief. Date: February 8, 2008 Defendant 'd L. Diem Jr. Defendant GMAC, LLC Plaintiff V. DAVID L. DIETRICH JR Defendant : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - IN LAW NO. 08-517 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on February 8, 2008, I served a true and correct copy of the foregoing answer with new matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: William T. Molczan Esquire Weltnnan, Weinberg & Reis Co., L.P.A. 2718 Koppers Building, 436 Seventh Avenue Pittsburgh, Pennsylvania, 15219 Attorney for Plaintiff Aar., ?? Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (71'7) 385-1866 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION GMAC, LLC, Plaintiff, V. NO.: 08-517 DAVID L DIETRICH JR, Defendant PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Submitted by: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#: 06209653 ENV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION GMAC, LLC, Plaintiff, ) V. ) CASE NO: 08-517 DAVID L DIETRICH JR ) Defendant ) PLAINTIFF'S REQUEST FOR ADMISSIONS Plaintiff demands that defendant answers and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You are instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. 7. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(s)" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identify", "identification", when used with respect to a erson s means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identi " when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identi each and every person(s) participating in such an act; (3) identi all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identi the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. These requests are of a continuous nature. REQUEST FOR ADMISSION NO 1 A true and correct copy of the GMAC RETAIL INSTALLMENT LOAN CONTRACT-Monthly Payment (hereinafter the "agreement") signed by DAVID L DIETRICH on MARCH 19, 2004 is attached hereto and made a part as Exhibit "1." Admitted Denied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 2•` Defendant took possession of the 2004 CHEVROLET VENTURE, Vehicle ID # 1 GNDU03E44D159428, on or about MARCH 19, 2004. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 3• Defendant failed to make all of the payments required under the agreement. Admitted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 4• Pursuant to the terms of the agreement, Defendant granted a security interest to Plaintiff in the 2004 CHEVROLET VENTURE, Vehicle ID # IGNDU03E44D159428. Admitted Denied If the answer to Request for Admissions No. 4 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 5• The 2004 CHEVROLET VENTURE, Vehicle ID # IGNDU03E44D159428, was repossessed due to Defendant failure to make all of the payments required under the agreement. Admitted Denied If the answer to Request for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 6• On or about July 11, 2006, Plaintiff mailed to Defendant notice of its intention to sell the 2004 CHEVROLET VENTURE, a copy the July 11, 2006 letter is attached hereto and made a part of as Exhibit "2." Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 7• On or about August 26, 2006, Plaintiff mailed to Defendant notice that the 2004 CHEVROLET VENTURE, Vehicle ID # 1 GNDU03E44D 159428 had been sold. A true and correct copy of the August 26, 2006 letter is attached hereto and made a part hereof as Exhibit "32" Admitted Denied If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO.8• The surplus of the sale of the 2004 CHEVROLET VENTURE was applied to the balance due pursuant to the terms of the agreement. Admitted Denied If the answer to Request for Admissions No. 8 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 9: The August 26, 2006 letter mailed to the Defendants stated that the balance due under the agreement was $7,979.19. Admitted Denied If the answer to the Request for Admissions No. 9 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 10• Defendant have not submitted any written dispute directly to the Plaintiff as to any accounting inaccuracy concerning the amounts owed to the Plaintiff pursuant to the agreement. Admitted Denied If the answer to the Request for Admissions No. 10 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 11 Defendant have made no payments to Plaintiff since the vehicle was repossessed. Admitted Denied If the answer to the Request for Admissions No. 11 is "denied", then supply specific written documentation supporting the denial. Respectfully submitted, Matthew D. Urban, Esq. PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06209653 RETAIL INSTALMENT SALE CONTRACT Dealer Number Camract Number D a, 0 '7 -7 Li,, ryar (and EBRICHName and stldrass (Inside county and zip nda)- Creditor (Sefler name and addres) I'?"'1"1? ID L DIfTRICH JR SUT UTLIfF CHEVROLET CO. LOUIS LANE P 0 BOX 1307 ILA, PA 17025 HARRISBURG, PA 17105 020-9040-07457 W& land Co-BrrYer, M rry'A may buy the vehicle described below lot cash won credit. By sig th ning e elyernrnts on rie IroM and hack d ilia corhiraci. You agree to pay us, the Creditor. the Awioum Fiwrad and Fkynoe Charge acoordino to the am schedule shown below. or Used Yaw Make and Modef v- nn..v:w....... r,., _ _ .. _._ .. _ 0 business FEDERAL TRUTH-N-LENDING DISCLOSURES ANNUAL RCENTAOE FlNANCE CHARGE Arount Fl d Told d f+rynnen4 Total Sale Price RATE The dDw rwwa The amount d Theamouk you will heve paid spar The trial cod of your purchase on h coal d your 1 .mark ft creel proelded fo you he" made all Credit, irJuding If u a yeary, creep will cod you won Your paym aft as gqskgyppaa dd xyQQqq n raw. You bwm scheduled U14 Dy 7.75 % ,6,102.49 24,063.35 . 30,165.84 el , . a3 I8A 73 w PayrneM Schedrdo Will Be: Anhoad When Payments Or a w d Are Due Folows is Pa M-W bpirkrno 4/19/2004 1 I Ckvga. N a Paynwm le not neeived in lull wWwn 10 days after it Is due. you will Pay a law rgn. N the vddde is a heavy marwrewl nW W vehicle. tw dwrge will be 4%d the part of Ne wick that In brie. Otherwise. the Charon eel be 2% Per madh of the Part of the Payment that is , Oornad brad m a lullraldder magi for any lard d a month rial ts more than 10 days. Pat resift N you pay ON at your debt sally, you may be amtled to a refund d pad of the finance rgc why Interest. You mire thrint a security informed n the vel being Purchased. "Mosel Inlormdbn: See Oft ccnbaq for more idornnhaton 4nGdiht nfomwum abohA psyrnert, default, any repdW rempayrrerd In bit before rie sdwduletl dale. prapaymad rebrnds aeaafty unrest :MQATION OF AMOUNT FINANCED :nh Price (Including any accamia, anvloes, and Mmes) s23,500. 00 (1) OW downtwlvam . IN natatve enter 'W and seer the 4H below) Gross bade-n $ 2200.00 -Perdf for seNer s 18 1 .net trader-Ire $ 14.89 . ash s N/A . doer fMsabRE$ s 000 00 s All 1. (2) k"Id be*= d cash price (1 mien 2) s (3) )&w Charon Including amwks paid to olhen m your behalf (Sdier may . Cant a opsorhdi»u.rhu CM W" or CMWW n paid to tlw Nrerrares ule s 708.90 D-bft s TMTW s 1,743.59 otw nsur.nca paid to ft balsamic" co'"I' y (de.proe) / It N A OGitld laws Paid b gorener Pro apsnd" ? r 1 s $ - ICU Gmen'lonem llama not icl dsd in per price S--1-'B3--W Gowmnwk Scope ardor wgiamMn Ins $ 23.75 Goranunard te of we less carStcs (widndea s seaahy Interim recording lee) s 22.50 1 Other chenes (SoNnr trust idenlty who is paid and dascrba Pupo.e.) b s 595.00 to KLIAILLR e - s----35-.U T= def krsrwana. You wiry buy the physical dumps nsuerce the caweg rmsrriet tLm badgehen arqyrw you choose whe co `WW t w W V You ar red reutW Why ally other Insurance ne obtain ctedil Yaw dendsbn to hay a not b y alter ireuraru we not be a factor in the credfr .pw-ui Process. N >ay irduarce is Checked helow, policies or anitkaws from the n0 Insurance harrnpwies will describe On tenrns and conditions. Check the Insurance you . and sign below: L Optio cr*mkarcane, b credit Lik:ti,vy Optional 0 Buyer o co-sayer Term 72 (0 awes Dtsgt?Wy (Buyer CaM Term DWI Premknc Credit Lte S 708 90 credit DW.Wk. S --l-n3"4 (Home Oltea Aditn ) Crime tle wsuwnce and ere I disability isuarce erne red ra0hwatl bde obtan cradiL Yar ?hsio,h b buy a not buy ll tle kwrrce rd redit disability Insurance will not be a laclor In the Approval Process. They will not be fdedurdCr- you sign and epres b pay In sit sod. Cntlhl Ms Insurance pop the uniumidl pad of to mancord finsrrad N You de. Credt dtrWMy kdkwrrnce pays to sehsduled payrnru dun under this conwait while you am disabled The pofclee or crlIII, las issue by tw has isurca Conrpanda may Witter linty no eweraoe twf crew We or ct I disability Insurance provides. Saw the polkM or CsAMws for cmi nryR tmNS acid cow to and' mdWrw. Qs& Its iaarrca and crude d mbft Insurance we for tie team d tow contract Wsss a ditiverd form for On Murree ts shown below. Other Insurance, Type of trwaance Tenn Premkres WA (ksuenee Canpary) (How ONce Address) I warm tlw hwerca ulna eel above. X Buyer gip wwm e x Dd. vnotnd flnenced (3 +4) 5 I ANN INSURANCE' REFERRED TO IN THIS rwrce Uwae CONTRACT DOES NOT INCLUDE COVERAGE 'rid d oarnwma - time balance (5.8) 2. FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. I do not meet yon contract" obligations, you may line vow coda vahble. THIS CONTRACT CAN BE CHANGED. This corwacl contains the ent a agreement between you and rs rewyng to this contract. Any change to the nil must be n N No rd changes an binding. r Sipts X Coau"r Slew X Pat d this contract Is not vdb, d otw Parts stay vattl. We may delay or retrain from enforcing my d our dghw under rift contrad wMcrd being own. MOO. we may extend The Sme for Timm" am* paymems dusk necking the *in for mairng oturA 0 a Nhodze us 10 obtain infomndfon about you. or to vehlole you are buying from the date motor vehicle deprnwnt or other momma vehicle registration isles. etc for other knporfont egwewients. A sign this Conrad on a Sunday. Notice to Buyer. not sign this contract In blank. You are entitled to an exact copy of the contract you sign. Keep protect yo?1i 1 ts. Surer x ??'.G/ e ate 3/19/2004 ca-enyr sV* x o,,. I agree to the terms of this contract. You confirm that before you signed this contract, we gave it /ou, and you were free to take it and review it. You confirm that you received a completely d-in coLtrfYgn_yQ??ned it r silyw Data 3/19/2004 co-suin r signs x ace - Ras ad Otter Ownws - A m-btW ism permn who lsresparsEk ter peyng the erkie deb. Anoiler owns is a prism dose nanhe is m tie Ulk W tw sdnkk but does a to pay the debt. The other owner agrees to to mucky leered in to vehitk glum 10 us in ties contract EXHIBIT T P.O. 1 Box 7 Midland, TXX Midland, 79 9702-7729 GMA_C (8 9533 DAVID L DIETRICH JR 65 OLIVER RD ENOLA, PA 17025 NOTICE OF OUR PLAN TO SELL PROPERTY Subject: Account Number 020-9040-47457 July 11, 2006 We have your vehicle (a 2004 CHEV VENTURE with VIN 1 GNDU03E44D159428), because you broke promises in our agreement. We will sell your vehicle at private sale sometime after July 26, 2006. A sale could include a lease. The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you will still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else. You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. You can also get it back for less (see below). To learn the exact amount you must pay, call us at the telephone number at the top of this letter. If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at the telephone number at the top of this letter or write us at the address at the top of this letter and request a written explanation. If you need more information about the sale, call us at the telephone number at the top of this letter, or write us at the address at the top of this letter. We are sending this notice to the following other people who have an interest in your vehicle or who owe money under your agreement: None EXHIBIT a' #926072-00062CR P.O Box 7041 Troy, MI 48007-7041 GMAC August 26, 2006 (8W) 551-5377 L DIETRICH JR 65 OLIVER RD ENOLA, PA 17025 How We Calculated Your Surplus or Deficiency Subject: Account Number 020-9040-47457 Your 2004 CHEV VENTURE, VIN 1 GNDU03E44D159428, was sold on August 9, 2006. As of the date of this letter, the amount you still owe us under the terms of your contract is $7,979.19. This amount was calculated as follows: Unpaid balance before subtracting money from sale This amount was calculated as of August 26, 2006 and reflects a rebate of unearned finance charges. See below.* Money from sale Unpaid balance minus money from sale Known expenses of taking, holding, preparing for sale, processing, and selling vehicle, attorney fees, and other legal expenses: Repossessing & transporting Storage & reconditioning Selling costs Title & registration fees Attorney fees and legal expenses the law permits Total expenses Known credits: Rebate of unearned insurance premiums Extended service contract refunds Insurance and service contract claims Total credits Deficiency/(surplus) *Amount calculated as follows: Amount you owed before finance charge rebate Less: Rebate of unearned finance charges $ 285.00 $ 18,936.67 - 10, 500.00 $ 8,436.67 30.00 55.00 59.00 0.00 + 429.00 $ 656.83 229.65 0.00 - 886.48 $ 7,979.19 $ 21,813.77 - $ 2,877.10 The amount of any deficiency/surplus shown above may change because of future additional credits, rebates, or charges. Any deficiency shown above may also change because of additional interest accruing after the date of this letter. #942646-00467 EXHIBIT -2- Additional information: As of the date of this letter, you can get your vehicle back by paying the total amount indicated below (redeem). Gross unpaid balance -- $ 21, 780.41 Finance charge rebate - 2 948.89 Unearned insurance premium* , - 656 83 Other credits . - 0.00 Late charges + 33.36 Expenses (Estimated expenses of retaking and holding the vehicle + 200 00 $200.00) . TOTAL $ 18,408.05 You can also get your vehicle back any time before we sell it by paying all past due payments, late charges, and expenses (reinstate). You must also provide proof of the physical damage insurance your contract requires. Then you must start making your payments again. As of the date of this letter, you must pay: Past due payments (1 of $412.94 and 2 of $418.97) $ 1,250.88 Late charges + 33.36 Expenses (Estimated expenses of retaking and holding the vehicle + 200.00 $200.00) TOTAL $ 1,484.24 The longer you wait to redeem or reinstate, the more you may have to pay to get your vehicle back. Only reasonable expenses may be charged. They must be the direct result of taking, storing, and selling the vehicle. We may also charge you the costs of getting it ready for sale and reasonable attorney fees, as the law permits. You must pay the amount required in certified funds. To redeem or reinstate, send your payment to GMAC at the address at the top of this letter by mail, overnight delivery service, Western Union, or MoneyGram. Send any notices regarding this matter to the same address. Your vehicle is at Manheim Auto Auction, 1190 Lancaster Rd., Manheim, PA, 17545. It will be there at least until July 26, 2006. After that, we may move it in preparation for sale. We must send you any extra money owed to you from the sale of your vehicle within a reasonable time. If you do not get the money, you may have the right to sue for it plus any penalties fixed by law. Any personal property left in your vehicle not already returned to you will be held for at least 30 days after the date of this letter. After that, we may dispose of it as the law allows. Contact us to find out how to get back personal property left in your vehicle. If you do not do what is required to get your vehicle back, we will cancel any physical damage insurance or service contract that is part of your contract. Make sure any other coverage you no longer want is canceled. Call the insurance company or the dealer to do this. You have a right to credit for any refunds. 926072-00062CR -2- For more information about this transaction or to make payment arrangements, you may call us at the telephone number at the top of this letter or write us at the address at the top of this letter. Signed, GMAC 942646-00467 VERIFICATION I, (please print) under penalty of perjury and subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities verify that the foregoing Responses are true and correct to the best of my knowledge, information and belief. Date Signature CERTIFICATE OF SERVICE I, Matthew D. Urban, hereby certify that a true and correct copy of the Request for Admissions was served on Defendant's attorney by regular U. S. Mail, postage prepaid, this day of a,14 rc -i 2008, addressed as follows: Douglas Lovelace, Jr. Esquire 36 Donegal Drive Carlisle, PA 17013 A- - Matthew D. Urban, Esq. PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#: 06209653 A. GMAC, LLC : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : CIVIL ACTION - IN LAW DAVID L. DIETRICH JR : NO. 08-517 Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS. FIRST SET AND NOW, comes Defendant, David L. Dietrich, by and through his attorney, Douglas C. Lovelace, Jr., and does respond to Plaintiff s Request for Admissions, First Set, stating as follows: REQUEST FOR ADMISSIONS NO 1: Admitted. REQUEST FOR ADMISSIONS NO 2: Admitted. REQUEST FOR ADMISSIONS NO 3: Admitted. REQUEST FOR ADMISSIONS NO 4: Admitted. REQUEST FOR ADMISSIONS NO 5: Denied as stated. Defendant contacted GMAC and volunteered to surrender possession of the 2004 Chevrolet Venture van to GMAC explaining that he could not afford to make the monthly payments. GMAC agreed to and did take possession of the van. REOUEST FOR ADMISSIONS NO 6: Admitted. REQUEST FOR ADMISSIONS NO 7: Admitted. REQUEST FOR ADMISSIONS NO 8: Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and proof thereof is demanded, if relevant. By way of further answer, Defendant avers that Plaintiff did not sell the 2004 Chevrolet Venture van for a reasonable value, but sold it well below fair market value. Therefore, Plaintiff applied an insufficient and deficient amount to offset the amount Defendant owed Plaintiff on the van. REQUEST FOR ADMISSIONS NO 9: Admitted. REQUEST FOR ADMISSIONS NO 10: Admitted. REQUEST FOR ADMISSIONS NO 8: Denied. Defendant made payments totaling no less than $270.00 after Plaintiff and Defendant agreed that Plaintiff would take possession of the 2004 Chevrolet Venture van. Respectfully submitted, Z a-e7 C ' / Douglas C. Lovelace, r., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Defendant Dated 4/Ir`+`l /3 , p? (Jo 2 GMAC, LLC : IN THE COURT OF COMMON : PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : CIVIL ACTION - IN LAW DAVID L. DIETRICH JR : NO. 08-517 Defendant VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unworn falsification to authorities, that the facts and circumstances set forth in the foregoing Defendant's Response to Plaintiffs Request for Admissions, First Set, are true and correct to the best of his knowledge, information, and belief. Date: April 13, 2008 avid L. ietric , r. Defendant 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 because the Plaintiff is outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained within the time allowed for filing of this Motion, and that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief. Att me la' iff WWR No. 06209653 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment and Brief in Support has been served by U.S. Mail, Postage Pre-Paid, on Pt-, day of , 2009 upon the following: Douglas Lovelace Jr, Esq. 36 Donegal Drive Carlisle, Pa 17013 By: Benjam' Bi ,Esquire PA I.D. 3598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06209653 - • .:x ti ? ? f.j i' '^ ' s"" ? r ? t "s .o ? .; y ,, _ ...y { ". } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff VS. DAVID L DIETRICH JR., Defendant No.08-517 PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT 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#06209653 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff VS. DAVID L DIETRICH JR., Defendant TO THE PROTHONOTARY: Civil Action No. 08-517 PRAECIPE FOR JUDGMENT BY CONSENT Kindly enter Judgment against Defendant, David L. Dietrich, Jr., in the amount of $8,060.67 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., DAVID L DIETRICH JR.,, a4 By. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff VS. Civil Action No. 08-517 DAVID L DIETRICH JR., Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, David L. Dietrich, Jr., above-named, in the amount of $8,060.67 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $7,760.67 with continuing interest thereon at a rate of 6.0% per annum from date of judgment, plus attorneys' fees in the amount of $300.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, David L. Dietrich, Jr., in the amount of $7,760.67 plus continuing interest thereon at the rate of 6.0% per annum from date of judgment, plus attorneys' fees in the amount of $300.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $100.00 due by March 20, 2009; (b) $100.00 due by April 20, 2009; (c) $100.00 due by May 20, 2009; I (d) $100.00 due by June 20, 2009; (e) $220.00 due by July 20, 2009; (f) no less than $220.00 per month due on the 20'b day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. (g) Up until Defendant pays off this debt, Plaintiff agrees to accept 756 of the current balance at that time as settlement in full providing Defendant makes said settlement in lump sum on or before her due date for the month in question. 4. All payments are to be made payable to the order of "GMAC, LLC." 5. The first payment due under this agreement is to be received at the offices of Waltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. Please note that subsequent payments are to be mailed to Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this Lf-d y ofxt?' 20 01 . By: a ef L. Dietrich, Jr. -DV WELTMAN, WEINBERG & REIS CO., L.P.A. By: squire PA tn . 359 Weltm einberg & Reis Co., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06209653 ti -T T TjC7 v? { rn v- -- rD a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff VS. Civil Action No. 08-517 DAVID L DIETRICH JR., Defendant ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary DOUGLAS LOVELACE, JR., ESQUIRE 36 DONEGAL DRIVE CARLISLE, PA 17013 By: AL D TY) PRO ONOT W_r N NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 31/U (xx) Assumpsit Judgment in the amount of $8,060.67 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC., Plaintiff VS. Civil Action No. 08-517 DAVID L DIETRICH JR., Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on 31%k jr (xx) Assumpsit Judgment in the amount of $8,060.67 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary DAVID L DIETRICH JR 65 OLIVER RD., J<ff7_0 ENOLA,PA 17025 By: PRO ON4 T-???I3EPr