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Home My WebLink About08-0606V Linda S. Fossi, Esq. Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 AMERICREDIT FINANCIAL SERVICES, INC., -against- JUSTIN CRIDER Plaintiff, Defendant. ORIGINAL Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Case No.: 68 - low 0ivi ( rerm 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 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 of 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 ATTORNEY 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 LOCAL HELP. 4 NOTICE 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 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 S. Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en ]a corete. Sit usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hac falta asentar una comparesencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a lasdemandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA EVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. ORIGINAL Linda S. Fossi, Esq. Identification No.: 72796 Deily, Mooney and Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 AMERICREDIT FINANCIAL SERVICES, INC., COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, -agamst- JUSTIN CRIDER D? G dL t/'???J Defendant. No.: COMPLAINT Plaintiff, AmeriCredit Financial Services, Inc. by its counsel, Deily, Mooney & Glastetter, LLP, complains against the Defendant, as follows: PARTIES 1. Plaintiff, AmeriCredit Financial Services, Inc., is a Foreign Corporation, duly organized, chartered and existing under the laws of the State of Texas, with a place of business located at 4001 Embarcadero, Arlington, Texas 75063. 2. Upon information and belief, Defendant, Justin Crider, is an individual who resides at 1825 Hunter Drive, Mechanicsburg, Pennsylvania 17050. COUNTI BREACH OF CONTRACT 3. Plaintiff incorporates the allegations of the preceding paragraphs of the Complaint as if fully restated herein. 4. On April 30, 2005, the Defendant, Justin Crider, entered into a Retail Installment Contract-Security Agreement (hereinafter "Contract") with Diehl Chevrolet (hereinafter "Dealer") for the purchase of a 2000 Jaguar S-Type (VIN. SAJDAO I D5YGL34514) (hereinafter "Collateral"). A copy of the Contract is annexed hereto as Exhibit "A". 5. Pursuant to the terms of the Contract, Defendant agreed to make Sixty (60) consecutive monthly payments to Dealer in the amount of Five Hundred Seventy-Five and 81/100 ($575.81) Dollars, beginning May 30, 2005, until the final installment has been paid. 6. Pursuant to the terms and conditions of the Contract, the Dealer was granted a purchase money security interest in the Collateral. 7. The Contract, pursuant to its terms, was duly assigned by the Dealer to Plaintiff for good and valuable consideration. A copy of the Assignment Agreement is annexed hereto as Exhibit "B". 8. Following the Assignment, Plaintiff perfected its security interest in the Collateral. A copy of the Pennsylvania Certificate of Title indicating Plaintiffs lien is annexed hereto as Exhibit "C". 9. Defendant has failed to make timely payments to Plaintiff and is in material default under the terms of the Contract. 10. As a result of Defendants default under the Contract, Plaintiff demanded immediate possession of said Collateral. A copy of the Replevin Letter sent to Defendant is attached hereto as exhibit "D". 11. On September 24, 2002, Defendant, Justin Crider, filed a voluntary petition pursuant to Chapter 7 of the United States Bankruptcy Code. The Order closing the case was entered by the Court on January 13, 2003. 12. Plaintiff has demanded that Defendant surrender possession of the Collateral. 13. Defendant has failed and/or refused to surrender possession of the Collateral. 14. The Collateral is believed to be located at 1825 Hunter Drive, Mechanicsburg, Pennsylvania 17050. 15. Pursuant to the Contract and Pa.R.C.P. 1071 et seg., upon a hearing on this matter, Plaintiff is entitled to immediate possession of the Collateral. 16. Plaintiff incorporates the allegations of the preceding paragraphs of the Complaint as if fully restated herein. WHEREFORE, Plaintiff, AmeriCredit Financial Services, Inc., requests a judgment awarding it possession of one (1) 2000 Jaguar S-Type, (V.I.N. SAJDAOID5YGL34514) from Defendant, Justin Crider. Dated: January p , 2008 Respectfully DEILY, MOONEY By: Linda S. Fossi, Esq. (ID#72796) Attorneys for Plaintiff Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Telephone No.: 856-988-5555 VERIFICATION Matthew Collyar, subject to the penalties of 18 Pa C.S. §4904, relating to unsworn falsification to authorities, hereby affirms that he/she is the {?} for Plaintiff, AmeriCredit Financial Services, Inc., in this action, that he/she is authorized to make this Verification on Plaintiffs behalf, and that the facts set forth in the foregoing pleading are true and correct to the best of his/her personal knowledge, information and belief Sworn to before me this g da_v of January, 2008 _41._'_?? hAIIIL? Notary Public-State of Texas. =O'`P?Y pG?r, PRESCILLA GREER Notary Public ??11 STATE OF TEXAS 'F of My Comm. Exp. 05/16/2011 -oi g to O -TI co i, O SHERIFF'S RETURN - REGULAR CASE NO: 2008-00606 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICREDIT FINANCIAL SERVICES VS CRIDER JUSTIN NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CRIDER JUSTIN the DEFENDANT , at 1910:00 HOURS, on the 6th day of February , 2008 at 1825 HUNTER DR MECHANICSBURG, PA 17050-1606 JUSTIN CRIDER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.60 Affidavit 00 Surcharge 10.00 R. Thomas Kline 00 d11ZJbp 37.60 02/07/2008 DEILY MOONEY GLASTETTER Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. "- At Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 ORIGINAL AMERICREDIT FINANCIAL SERVICES INC Plaintiff -against- JUSTIN CRIDER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL Case No.: 08-606 PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: Please enter a Default Judgment in the above-captioned case, AmeriCredit Financial Services, Inc. against Justin Crider for possession of one(1) 2000 Jaguar S- Type (V.I.N. SAJDAOlD5YGL34514). Respectfully submitte , DEILY, MOONFX &GL T ER, LLP Dated: May 5, 2008 Lima. 4. Foss Ma. Id, 72796) Attorney for laintiff Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 856-988-5555 A Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East ORIGINAL Marlton, NJ 08053 Attorney for Plaintiff AMERICREDIT FINANCIAL SERVICES INC. COURT OF COMMONE PLEAS CUMBERLAND COUNTY, PA Plaintiff JUSTIN CRIDER CIVIL Case No.: 08-606 Defendant AFFIDAVIT OF ADDRESS TO THE PROTHONOTARY: The address of the plaintiff, judgment creditor, is Deily, Mooney & Glastetter, LLP, Attorney for Americredit Financail Services, Inc., One Greentree Centre, Suite 201, 10000 Lincoln Drive East, Marlton, NJ 08053 and the last known address of the defendant, judgment debtor is Justin Crider, 1825 Hunter Drive, Mechanicsburg, PA 17050. L' da S. ossi, Esquire Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 ORIGINAL AMERICREDIT FINANCIAL SERVICES, INC Plaintiff JUSTIN CRIDER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA AFFIDAVIT OF NON-MILITARY SERVICE Defendant I, Linda S. Fossi, of full age, being duly sworn according to law upon my oath depose and say: 1. I am an attorney for the Plaintiff, Americredit Financial Services, Inc., authorized to give this Certification in its behalf, and I have competent knowledge of the facts set forth in this Certification. 2. I know that no defendants named herein are in the military service of the United States. The source of my knowledge is: William S. Gaines, resides at 1825 Hunter Drive, burg. PA 17050. S. Yossi, Esquire .J O -p I _A Deily, Mooney & Glastetter LLP Linda S. Fossi, Esquire Identification No.: 72796 One Greentree Centre, Suite 201 Marlton, New Jersey 08053 Attorney for Plaintiff AMERICREDIT FINANCIAL SERVICES, INC Plaintiff JUSTIN CRIDER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No.: 08-606 Civil Term NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: Justin ? Crider DATE OF NOTICE/ FECHA DEL AVISO: April 8, 2008 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth above, 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: Lawyer Reference Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 y AVISO IMPORTANTE Usted esta en rebeldia proque ha fallado en tomar la accion exigida de su parte en este caso. A menos de que usted actue dentro de diez dias de la fecha de este aviso, se puede registrar una sentencia contra usted, sin el beneficio de un audiencia y puede perder su propiedad o derechos importantes. Usted debe llevar este aviso a un abogado ensequida. Si usted no tiene un abogado y no puede pagar por los servicios de un abogado, debe communicarse con la siguiente oficina para averiguar donde puede obtener ayunda legal. SERVICIO DE REFERENCIA LEGAL -Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 S. ofsi, Esquire .ey or Plaintiff l O -? Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Attorney for Plaintiff ORIGINAL AMERICREDIT FINANCIAL SERVICES, INC. Plaintiff JUSTIN CRIDER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL TERM Case No.: 08-606 NOTICE OF DEFAULT JUDGMENT To: Justin Crider 1825 Hunter Drive Mechanicsburg, PA 17050 NOTICE Pursuant to Rule 36 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. If you have any questions concerning this Notice, please call Plaintiff's counsel, Linda S. Fossi, Deily, Mooney & Glastetter, LLP, One Greentree Centre, Suite 201, 10000 Lincoln Drive East, Marlton, New Jersey 08053 at (856) 988-5555. OFFICE OF THE OTHONOTARY P othonot 5/a7/og A Linda S. Fossi, Esq. Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 ORIGINAL Attorney for Plaintiff AMERICREDIT FINANCIAL SERVICES, INC., Plaintiff, -agamst- COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA JUSTIN CRIDER Defendant. Case No.: p%- &0(,o MOTION FOR WRIT OF SEIZURE Plaintiff, AmeriCredit Financial Services, Inc., by its counsel Deily, Mooney & Glastetter, LLP, hereby moves for a Writ of Seizure and states the following as the grounds therefore: 1. Plaintiff, AmeriCredit Financial Services, Inc., filed a Default Judgment against Defendant, which was entered on May 27, 2008 seeking recovery of possession of certain property subject to the security interest of Plaintiff. Plaintiff moves for the issuance of a Writ of Seizure to allow it to obtain possession of its contractually and legally secured Collateral. 2. For a full recitation of the grounds for the issuance of the Writ of Seizure, the Court's attention is respectfully directed to the allegations contained in the Verified Complaint, which is incorporated herein by reference and made a part hereof. The relevant facts, however, are summarized below. Pursuant to a Retail Installment Contract - Security Agreement ("Contract"), Defendant, Justin Crider purchased one (1) 2000 Jaguar S-Type, (V.I.N. i 1 i • SAJDAO I D5YGL34514) ("Collateral") from Diehl Chevrolet ("Dealer"). 4. Dealer assigned the Contract to Plaintiff. 5. Plaintiff acquired a security interest in the Collateral which was perfected in accordance with Pennsylvania law. 6. Defendant materially breached the Contract by, among other things, failing to make payments. 7. The Contract provides that Plaintiff is entitled to possession of the Collateral in the event of default. 8. As more fully set forth in the Complaint, Plaintiff has duly demanded from Defendant the immediate return of the Collateral subject to Plaintiffs security interest. 9. Defendant has failed, refused and/or neglected to surrender possession of the Collateral. 10. A proposed Order of Seizure and Writ of Seizure is annexed hereto as Exhibits "A" and "B", respectively, in the event Plaintiff prevails on its replevin claim. 11. Pursuant to Pa. R.C.P. 1075.3, Plaintiff has secured a bond in the amount of double the value of the Collateral. A copy of the Replevin Bond is annexed hereto as Exhibit PfC1,. 12. Plaintiff is unaware of any defenses to these claims. 13. A memorandum of law in support of the requested relief is also filed herewith. 14. No prior application for the relief requested has been made to this or any other court. WHEREFORE, it is respectfully requested that the Court issue a Writ of Seizure, plus the costs and disbursements of this action and for such other and further relief as to the Court may deem just and proper. Dated: June 20, 2008 LLP By /`- L d S. Fos r, Esq. (ID#72796) Attorneys for Plaintiff Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Telephone No.: 856-988-5555 Linda S. Fossi, Esq. Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 AMERICREDIT FINANCIAL SERVICES, INC., Plaintiff, -against- JUSTIN CRIDER Defendant. ORIGINAL Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PA Case No.: MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR WRIT OF SEIZURE 1. PRELIMINARY STATEMENT Plaintiff, AmeriCredit Financial Services, Inc., ("Plaintiff'), by it's undersigned counsel, submits the instant Memorandum of Law in support of its Motion for the issuance of a Writ of Seizure in order to recover possession of collateral for which it has a security interest. II. STATEMENT OF FACTS For the sake of brevity, Plaintiff incorporates the facts as contained in the Verified Complaint and the Motion for Writ of Seizure as if set forth herein at length. III. LEGAL ARGUMENT 42 Pa. C.S. 1071 et. seq. provides for the seizure of Defendant's property before judgment. Under Pennsylvania law, a request for Writ of Seizure will be granted, upon notice and hearing, if the Court is satisfied that the Complaint, Affidavits or other evidence establishes "the probable validity of the [Plaintiff's] claim". 42 Pa. C.S. 1075.1(e). The notice which has to be served at least twenty-four (24) hours before the hearing, must inform the Defendant of the Y place, date and time of the hearing. 42 Pa. C.S. 1075.1(c). The Verified Complaint must identify the property sought to be replevied, its value, its location (if known) and the material facts upon which Plaintiff's claim is based. 42 Pa. C.S. 1073. Pursuant to 42 Pa. C.S. 1075.3, the plaintiff must post a bond in the amount of double the value of the property. It is submitted, as set forth below, that Plaintiff has satisfied all of the aforesaid requirements of Pennsylvania law for a Writ of Seizure. A. PLAINTIFF HAS A SECURITY INTEREST IN THE COLLATERAL AND IS CONTRACTUALLY ENTITLED TO REPLEVY SAME. Replevin is an action undertaken to regain possession of property wrongfully held by another. Where, as in this case, a contract permits the right of possession of property in the defendant, the plaintiff will prevail on its replevin claim if it establishes (1) that the defendant has breached the contract with the plaintiff and (2) that plaintiff is entitled to possession of the property. International Electronics Co. v. N.S.T. Metal Products Co., Inc., 370 Pa. 213, 217, 88 A.2d 40 (1952); Aircraft Repair Services v Stambaugh's Air Service, Inc., 175 F.3d 314, 319 (3rd Cir., 1999) (citing Pennsylvania authorities). In the instant matter, plaintiff has satisfied all of these requirements. The record is clear in this case that Defendant is in material breach of the Contract. Defendant agreed to make consecutive monthly payments to Plaintiff in accordance with the terms of the Contract, but has failed and/or refused to make timely payments of the accelerated balance due. Moreover, Plaintiff demanded that Defendant surrender possession of the Collateral. Defendant, however, failed to turnover possession of the Collateral or otherwise advise Plaintiff of the location of the Collateral. The Contract specifically provides, in the event of default, that plaintiff may enter M defendant's premises in order to take possession of the Collateral. The contractual provision authorizing possession is as follows: 13. OUR RIGHTS IF YOU ARE IN DEFAULT OF THIS CONTRACT: If you are in Default of Contract, we may enforce our rights according to law. We may also do the things specifically mentioned in this Contract. We may do one of these things and at the same time or later do another. Some of the things we may do are the following ...(b) REPOSSESSION: We can repossess the Vehicle, unless prohibited by law. We can do this ourselves, have a qualified person do it for us, or have a government official (by replevin) do it for us. You agree that we can peaceably come on to your property to do this... Pursuant to this provision, Plaintiff is entitled to immediate possession of the Collateral. The facts in this matter clearly demonstrate that there is a substantial likelihood that Plaintiff will prevail on the instant replevin claim because it has demonstrated that Defendant breached the Contract by, among other things, failing to pay the accelerated balance due thereunder and by failing to turn over possession of the Collateral. Plaintiff has established a properly perfected security interest in the Collateral, thereby establishing security title to the property. Moreover, the Contract clearly provides that Plaintiff has the contractual right to take possession of the Collateral in the event of default. Therefore, Plaintiff is entitled to a Writ of Seizure awarding it possession of all of the subject Collateral. IV. CONCLUSION Based on the foregoing, Plaintiff requests that the Court enter an Order authorizing the Sheriff to enter upon defendant's premises, or other locations, to identify and seize the Collateral (with the assistance of the Sheriff). Dated: June 20, 2008 Respectfully submitted DEILY, NWONEY & GL T,?TER, LLP By: !J Lin Fossi, Esq. ( #72796) Attorneys for Plaintiff Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Telephone No.: 856-988-5555 .. - a. Bond No. RSB4136651 IN THE COURT OF COMMON PLEAS, STATE OF PENNSYLVANIA CUMBERLAND COUNTY AMERICREDIT FINANCIAL SERVICES, INC. PLAINTIFF vs. JUSTIN CRIDER DEFENDANT(S), CASE NO. REPLEVIN BOND WE, AMERICREDIT FINANCIAL SERVICES, INC., as Principal, and RLI Insurance Company, as Surety, are bound to JUSTIN CRIDER in the sum of Nineteen Thousand One Hundred Fifty and 00/100 (19,150.00) for the payment of which we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if the Plaintiff shall prosecute this action, the Plaintiff shall return property replevied, if return of it is adjudged, and shall pay the Defendant(s) all money recovered against the Plaintiff by the Defendant(s) in this action, then this bond is void; otherwise, it remains in force. SIGNED AND SEALED ON January 9W' 2008. AMERICREDIT FINANCIAL SERVICES, INC. : ? (- / ? As Principal) By-TtLI Insurance Company (Surety Al -rid(, (f Attorney-in-Fact: Erin Moss Clerk of the Court Approved on , 2008. By: Deputy Clerk ® RLI Surety RU`? 9025 N. Lindbergh Dr. Peoria, IL 61615 POWER OF ATTORNEY -Phone: (800)645-2402 1 Fax: (309)683-1610 (Irrevocable) BOND NO. RSB4136651 Know AU Men by Time Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes, but may be detached by the approving officer if desired. That RLI Insurance Company/RLI Indemnity Company, an Illinois corporation, does hereby make, constitute and appoint: Erin Moss, Karen Harden, Brenda McCaw, Linda White, Stuart L. Iverson of Fort Worth, Texas its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. A Plaintiffs Court Bond for Americredit Financial Services, Inc. or their wholly owned subsidiaries as principal, provided the penalty does not exceed One Hundred Thousand Dollars ($100,000.00). The acknowledgement and execution of such bond by the said Attorney(s) in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 6th , 2012 , but until such time shall be irrevocable and in full force and effect. The RLI Insurance Company/RLI Indemnity Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company/RLI Indemnity Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." The penal amount of the bond herein described may be increased if there is attached to this Power, written authority so authorizing in the form of an endorsement of letter signed by the President, Vice President, Assistant Vice President, Treasurer, Secretary or Assistant Secretary of the RLI Insurance Company/RLI Indemnity Company specifically authorizing said increase. IN WITNESS WHEREOF, the RLI Insurance Company/RLI Indemnity Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 6th day of December , 2007 „ll.,,,..., .`O"ILNITY CO OOAPOgATR ,SEAL . State of Illinois LINO mmnn?? County of Peoria RLI Insurance Company/RLI Indemnity Company OppP: gATF ?Ty s By. - .t;.a. :SEAL Roy C. Die Vice President CERTIFICATE On this 6th day of December 2007 , before me, a Notary Public, personally appeared Roy C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company/RLI Indemnity Company and acknowledged said instrument to be the voluntary act and deed of said corporation. - --------------- m 'OFFICIAL SEAL' CHERIE L A10NTGOMM ems o aAIL MOA&Wd Cherie L. Montgomery Notary Public I, the undersigned officer of RLI Insurance Company/RLI Indemnity Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the of the Nmm CoglpayyljLLI Indemnity Company thisday (FIX RLI Insurance Company/RLI Indemnity Company By: Roy C. Die Vice President 'IMPORT : This date in t be filled in before it is attached to the bond and it must be the date as d. 4209814020208 A0061105 Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP COPY One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Attorney for Plaintiff AMERICREDIT FINANCIAL SERVICES, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVIL TERM JUSTIN CRIDER Case No.: 08-606 Defendant c NOTICE OF DEFAULT JUDGMENT +f i ? ; o nix To: Justin Crider r~ r r 4 1825 Hunter Drive Mechanicsburg, PA 17050 z= cw w ? rn NOTICE Pursuant to Rule 36 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. If you have any questions concerning this Notice, please call Plaintiff's counsel, Linda S. Fossi, Deily, Mooney & Glastetter, LLP, One Greentree Centre, Suite 201, 10000 Lincoln Drive East, Marlton, New Jersey 08053 at (856) 988-5555, OFFIC OF THE PROTHONOTARY Pr onotary 3la7?0g Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 AMERICREDIT FINANCIAL SERVICES INC. Plaintiff -against- JUSTIN CRIDER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL Case No.: 08-606 PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: Please enter a Default Judgment in the above-captioned case, AmeriCredit Financial Services, Inc. against Justin Crider for possession of one(l) 2000 Jaguar S- Type (VIN. SAJDAOID5YGL34514). DEILY Dated: May 5, 2008 LLP Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 856-988-5555 Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Attorney for Plaintiff AMERICREDIT FINANCIAL SERVICES INC Plaintiff JUSTIN CRIDER COURT OF COMMONE FLEAS CUMBERLAND COUNTY, PA CIVIL Case No.: 08-606 Defendant AFFIDAVIT OF ADDRESS TO THE PROTHONOTARY: The address of the plaintiff, judgment creditor, is Deily, Mooney & Glastetter, LLP, Attorney for Americredit Financail Services, Inc., One Greentree Centre, Suite 201, 10000 Lincoln Drive East, Marlton, NJ 08053 and the last known address of the defendant, judgment debtor is Justin Crider, 1825 Hunter Drive, Mechanicsburg, PA 17050. 41; a S. 156ssi, Esquire Linda S. Fossi, Esquire Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 AMERICREDIT FINANCIAL SERVICES, INC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff JUSTIN CRIDER AFFIDAVIT OF NON-MILITARY SERVICE Defendant I, Linda S. Fossi, of full age, being duly sworn according to law upon my oath depose and say: 1. I am an attorney for the Plaintiff, Americredit Financial Services, Inc., authorized to give this Certification in its behalf, and I have competent knowledge of the facts set forth in this Certification. 2. I know that no defendants named herein are in the military service of the United States. The source of my knowledge is: Defendant, Justin Crider, resides at 1825 Hunter Drive, Mechanicsburg, P 17050. Linda S. Fossi, Esquire ? 1 w Deily, Mooney & Glastetter LLP Linda S. Fossi, Esquire Identification No.: 72796 One Greentree Centre, Suite 201 Marlton, New Jersey 08053 Attarnev for Plaintiff AMERICREDIT FINANCIAL SERVICES, INC. Plaintiff JUSTIN CRIDER Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No.: 08-606 Civil Term NOTICE OF INTENTION TO TAKE DEFAULT TO/PARA: Justin,Crider DATE OF NOTICE/ FECILA DEL AVISO: April 8, 2008 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice as set forth above, 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: Lawyer Reference Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 ? l Y 4 A. !d AVIS O IMPORTANTE Usted esta en rebeldia proque ha fallado en tomar la accion exigida de su parte en este caso. A menos de que usted actue dentro de diez dias de la fecha de este aviso, se puede registrar una sentencia contra usted, sin el beneficio de un audiencia y puede perder su propiedad o derechos importantes. Usted debe llevar este aviso a un abogado ensequida. Si usted no tiene un abogado y no puede pagan por los servicios de un abogado, debe communicarse con la siguiente oficina para averiguar donde puede obtener ayunda legal. SERVICIO DE REFERENCIA LEGAL ,Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 (800) 990-9108 tfx da S. F?6Vi, Esquire Attornev of r Plaintiff 0 .y 1 m ?K CS r m, (?'7 o :? ? ,n h rr, n, -4 . AMERICREDIT FINANCIAL SERVICES, INC., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA -against- Case No.: JUSTIN CRIDER Defendant. ORDER OF SEIZURE AND NOW, this day of 2008, upon consideration of Plaintiff, AmeriCredit Financial Services, Inc.'s, Motion for Writ of a Seizure and Memorandum of Law in support of Motion for a Writ of Seizure and Defendant's response thereto, if any, it is hereby ORDERED AND DECREED, that the Sheriff of the County of Cumberland, Commonwealth of Pennsylvania, or any other county within the Commonwealth of Pennsylvania (hereinafter the "Sheriff") where the property may be found, shall seize from the Defendant the following described property: one (1) 2000 Jaguar S-Type (V.I.N. SAJDAO I D5YGL34514) ("Collateral"); and it is further ORDERED AND DECREED, that if any of the above-described Property is not delivered to the Sheriff, the Sheriff may break open, enter and search for said property at 1825 Hunter Drive, Mechanicsburg, Pennsylvania 17050 or such other location determined to contain the Collateral, and, if found therein, seize same as herein ordered; and it is further ORDERED AND DECREED, that if Property is found in possession of anyone not already a Defendant, that the Sheriff is directed to add them as a Defendant, and notify them that T a( 1 they have been added as a Defendant and that they may defend the instant action; and it is further ORDERED AND DECREED, pursuant to Pa. R.C.P. 1076 and 1077, that the Sheriff shall retain custody of the Property for a period of three (3) days after seizure, and if no counterbond is filed and no proceedings are pending, the Sheriff shall deliver the Property to Plaintiff and, upon such delivery, Plaintiff may dispose of the Property in accordance with the terms of its agreement with Defendant, if any, and with the Uniform Commercial Code and other laws of the Commonwealth of Pennsylvania; and it is further ORDERED AND DECREED, pursuant to Pa. R.C.P. 1075.3, that the Bond filed herein by Plaintiff, is approved as to form and amount to support this Order of Seizure, as well as the Temporary Restraining Order herein decreed. Dated: Cumberland, Pennsylvania , 2008 By the Court: Hon. `r A. s. -L 4, Linda S. Fossi, Esq. Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Attorney for Plaintiff AMERICREDIT FINANCIAL SERVICES, INC., COURT OF COMMON PLEAS Plaintiff, CUMBERLANDCOUNTY, PA -against- JUSTIN CRIDER Case No.: Defendant. WRIT OF SEIZURE TO: SHERIFF OF CUMBERLAND COUNTY Pursuant to the Order of Court attached hereto, you are directed to seize the following property: one (1) 2000 Jaguar S-Type (V.I.N. SAJDAOID5YGL34514) If the property is found in the possession of anyone not already a defendant, you are directed to add him/her as a defendant, and notify him/her that he/she has been added as a defendant and is required to defend the action. Date of Writ: PROTHONOTARY By: Deputy v, t w.., n Cit t. t Linda S. Fossi, Esq. Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 AMERICREDIT FINANCIAL SERVICES, INC., -against- JUSTIN CRIDER TO: Plaintiff, Defendant. IpUN 2120f, ,1 ORIGINAL Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Case No.: C8- &Up RULE TO SHOW CAUSE Justin Crider 1825 Hunter Drive Mechanicsburg, Pennsylvania 17050 1. Plaintiff has commenced an action in replevin and has filed a Motion for Writ of Seizure. A copy of the Complaint and Motion accompanies this Notice. 2. There will be a hearing on this Motion one 2008, at 4? :mil a.m., at the Cumberland County Courthouse, Court of Common Pleas, South Hanover Street, Carlisle, Pennsylvania 17013y 3. You may appear in person or by a lawyer at the time and place set forth or file written objections setting forth your reasons why the property should not be seized. I, p L?-1.. ^?J f i k--- as c? M J r i-? Q 6 1 4. Your failure to appear at the hearing may result in the seizure of the property claimed by Plaintiff before a final decision in this case. Dated: June 20, 2008 Respectfully DEILY, V( By L' Fos ', sq. (ID#72796) Attorneys for Plaintiff Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Telephone No.: 856-988-5555 . ASS 11f ,e- ? i Al LLP ?" SHERIFF'S RETURN - REGULAR CASE NO: 2008-00606 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICREDIT FINANCIAL SERVICES VS CRIDER JUSTIN KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within RULE TO SHOW CAUSE/WRIT 0 was served upon CRIDER JUSTIN the DEFENDANT , at 0009:28 HOURS, on the 12th day of July 2008 at 1825 HUNTER DR MECHANICSBURG, PA 17050-1606 by handing to JUSTIN CRIDER DEFENDANT a true and attested copy of RULE TO SHOW CAUSE/WRIT 0 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.00 .00 10.00 .00 40.00 Sworn and Subscibed to before me this of day So Answers: R. homas Kline 07/14/2008 DELLY, MOONEY 01 By: A. D. Linda S. Fossi, Esq. Identification No.: 72796 Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 AMERICREDIT FINANCIAL SERVICES, INC., Attorney for Plaintiff COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA -against- JUSTIN CRIDER Defendant. No.: 08-606 Civil Term PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Plaintiff, AmeriCredit Financial Services, Inc., hereby discontinues and ends its cause of action against Defendant, Justin Crider, with prejudice. Dated: August 4, 2008 Respectfully submitted DEILY, ONE/&A?TETTER, LLP By L d . Fossi squire (#727A) Attorneys for Plaintiff Deily, Mooney & Glastetter, LLP One Greentree Centre, Suite 201 10000 Lincoln Drive East Marlton, NJ 08053 Telephone No.: 856-988-5555 c.n ro