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Home My WebLink About08-2270IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. CS - a.1 7C) c i v it7er K VS. PATRICIA E PERKINS CHARLES PERKINS Defendants COMPLAINT IN CIVIL ACTION FILE[) ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molezan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#661.5609 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. VS. PATRICIA E PERKINS CHARLES PERKINS Defendants COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 i COMPLAINT 1. Plaintiff is a corporation with offices at 5700 CROOKS RD STE 301 TROY. MI 48098. 2. Defendants are adult individuals residing at 5905 HILLSIDE LANE MECHANICSBURG,PA 17050. 3. On or about MARCH 23, 2006, the parties entered into a written Closed-End Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 2006 GMC 1500 PICK-UP, more particularly identified in the Agreement, a true and correct copy of which is attached hereto, marked as Exhibit- I" and made a part hereof. 4. By the terms of the Agreement, Defendants were to make FORTY-EIGHT (48) payments of $516.29, commencing MARCH 23, 2006, and to pay certain license fees due at the inception of the lease and during the lease term. 5. The terms of said Agreement provide for termination upon satisfaction by Defendants of all obligations provided thereunder and upon the return of the vehicle by Defendants to Plaintiff at the end of the lease term, which term would end FORTY-EIGHT (48) months after it commenced. 6. Plaintiff avers that Defendants defaulted under the terms of the Lease Agreement by failing to make payment to Plaintiff as promised. 7. Due to the Defendants' default under the Agreement, Plaintiff exercised its right to terminate the Lease. 8. After calculating the early termination charges due Plaintiff pursuant to the terms of the Lease, Plaintiff avers that a balance of $11,732.88 as of MARCH 21, 2008 is due from Defendants. 9. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 10. Plaintiff avers that such attorneys' fees will amount to $1,500.00. 11. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, interest, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendants, PATRIC IA E PERKINS AND CHARLES PERKINS, jointly and severally, in the amount of $11,732.88 with continuing interest thereon at the legal rate 6.00% per annum from the date of judgment plus attorneys' fees of $1,500.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, E wire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6615609 EXHIBIT Q, dLR:C GMAC SMARTWsEm) AGREEME NT - Monthly Pa) LESSEE (and CO-LESSEE) (Y Co V o ou lame and address. it cludn 022771472 PATRICIA E PERKINS 9 coon y i Garaging address (if different) y _- L ol . 00000653837 CHARLES PERKINS 91 LACOSS LANE ? (7( 8789i87/PpKINS FILE / PFOLD 2GTEK19V 461296514 PO BOX 186 EAST WALLINGFORD , VT 05742 EAST WgLLINGFORD VT 05742 ? P cipal j lust li' business use) ?o uN I? p ems r s li h 802 -I It 2283 886 I -Olt, rd a -; _l, tent o ar. n troy ig Ili I cle B t ly ss n An qn . s d Pe t X J 5 t l - c t ? ill d - o f- 'sFe d at s tlce -IY h,-j n the f on, a id th-k - l a 7 it .Iel -el t ov l a c, to e -.fUtrr 4cp ncn cnor Lr q. h H?! h 'ar:a 1 . c , n t l -.. 9 ,d s t vehicl_ r, , !I this -., l h le sell m? s _t eierol l r it - ^ ?I Ina rg _n tse Tres_ ., ts? <nd sc ?. .. r t in a: Ihs entia. - lovolu d THE VEHICLE YOU ARE LEAS N 3 "ear __ +tate E Model NEW S ye l EW 2006 GI --- -- - - -- ! - Vehicle to a il _ eaoe 1500 PICKUP PICKUP Primary use 26TEK19V46 12965 1 18 4 X P - zL -amity, or Nousehmd _'? " - ? i:oTmercial. ?usrlass er --- - - li buck) , 6099. Public conreyancc i- DEP, _L CCNSt tAER LEASING ACT DISCLOSURE [. n`. . S Due at l . erlilt - - - Payments gm ty or Deuve y 03/2 p /men, of 516.29 O3 Other Ch gee n1 s y.?ur r hI to ;m FJ B.low)' h sl monthly - c on ? J Total `?r, f 3/200 -- - t P o PI-h« tee i If you ?- The am 6 t ued by 47-- Payments of naIPOS 516 29 - cha ° l a menu Y o llnf You lVlll hdv a id se the <r-.ti lc) ' due on the .22ND N/A I by ? 3516 he a S . 29 - of each month _ ?? o nd of the I asa_, _ T - ,e total of yourmonthl ? _ .. v nay e t is 24781.92 - - Total s_ N/A - - A 'Itemization of Amount Due at Lease Si Amount Due at L $ - 27781. 92 gning or Delivery ease Signing or Delivery: - - --- -- a. Capita!:zed cost reduction 6. How the Amount Due at Lease Signing or Delivery will be paid: b. First monthly payment - S-- 3000. 00 a. Net trade-in allowance c. Refundable security deposit S ---516' 29 _ b. Rebates and noncash credits $ - of Title fees $ --- N/R c. Amount to be paid in cash S-_3000._00 e. Registration tees S.-_----H??-. $ f. Sales/use tax s--- g' -- N/A 5----VILA -- --- $------NLA _ _ - NLR_ -- - - - --- - - $---- N/(1 j Total $- 3516.29 _ - - - - d. Total 7. Your monthly $ a. Gross capitalized cost The agreed Payment is determined as sh u on l - -- p va own below: ue of the vehicle (s30807. 00 insurance. - and any outstanding prior credit or lease balance) - ---- .1 and any items you pay for ov th -- er e lease term (such as service contracts b. Capitalized cost reduction The a mount of any net trade-in allowance, rebate, noncash credit, or cash a?/ that red $ c. Adjusted capitalized cost. Th- amount used i You P Y _ 3 2420_98 uces n calc ulatingd d Yen' base monthly the gross capitalized cost . Residual value. ?Ile value of the vehicle at th payment - S _ ___;M00._00 e end of the lease used in calcuiall, g you monthly e. Depreciation and any amortized amounts The am the l ' a - . 98 . oun ease term charged for the vehicle's tlecllnP in valve s- through normal use antl f / Rent ch 121024.00 - . or other items Paid over arge. The amount charged in eddition to the depreciation and an g. Total of bas a - y mortized amounts e monthly payments. The depreciation and any amorti S h - _17396._9 zed amounts Plus the ra_m charge . Lease Payments. The number of payments h ' $- 4 - 1384. 94 ui lease I. Base monthly payment _ . 24781-92 j. rrlonthly sales/use tax (estimated) - - _ __48, . s; _ 516.29 '. Total onthlY payment - N/A_. _ E ly Termination you may have to pa a s b NIA y u stantial S nd bstantial charge ift ou c earl} arge may be u he actual charge will depend on when this lea se The ch lease is ter i t _. 516.29 m nated The ea earlier you p <.. 8. Crcessive Plesr and Us end the several is thoulikely- t and doll rs leas e, the greater this o charge br- ctl.?ort .arbsc[ p be - g F h . urc oio [tm l u,o ld fonlcvl1 ase Ouftom at End W I ! ea a Term Y?tj I wean opllrn o buy In ht;h al ;til, arJtlrtl f le ] 2e?? xt ? 19 Gib l - I '' I er c? ., th t g ta m I mportant Terms. 6 'a c? v,;,,, ILace uocun,ants for addil l i f (I al ln!le. o ia n , r Ir II Ice an Ia> s o mnu[n oil sal It ten .inabnn. l«rr ,C ?I)(1 n tri n1.lllliF! II , 1L'S1 t1 5 ' _ - : rf gill 11 L 1«h «Ll t li, i qe; alld I ?Illa -.f:i;. 1 7. 11'EMIZA7 ION OF GROSS CAPITALIZED COST. 30807, 00 rl Agreed upon value of the vehicle $_ --595.00_.-- b. Gil adm.....haCPie fee $__.. -72: 00 - ;. Uoense/rerf slration.'Stle fees + $ 94 98-_- d Sales tax -? $. __- N/A- _.Other ',ax ide5erlt)el $_ I. Ophonal service contract $ N7A - g. Optional maintenance contract N/R- h. Optional life insurance * $--- i. Optional disability insurance * $-N7A-- k I. Gross Capitalized Cost 05 GMC SIERRA .2. THE VEHICLE YOU ARE TRADING. - (year) (make) (model) 17837.00 Gross trade-in value $ 8 7.0 Pavotf - - $ NVA Net trade-invalue = S__ _ 13. OFFICIAL FEES AND TAXES. You will pay all government license, title, registration, testing, and inspection lees for the vehicle. You will pay all taxes on the lease or the vehicle that the love nment levies on you the vehicle. or us (except our net incom e taxes). We may change ynr monthly payment If taxes change. We may bill you separately for official fees and taxes. 1161 TOTAL ESTIMATED FEES AND TAXES YOU MUST PAY DURING LEASE S - The d r a! Io1al of fees and :axes :nay be higher o; lower depending on tax rates in effect of the ',,ehic'.le value whon a lee or tax is assessed. 22.00 a. Title/lien tees $ 200.00 o. Registration fees/taxes $ - r.. Licensefees/laxe5 5- - O - 946.98 d. Sales/use taxes (including tax on capitalized cost reduction) $ i t E N/A $ e. xc se axes ---- - l. Properly taxes N/A $ N/A g. Other (describe)- $ ib ' O h d N/A er ( escr n. t e)-- Other(describe)N/A-___-- - - _---- $-___ N/A 14. MILEAGE. Base Mileage Allowance. X-15.000 miles/year. CL- mileage: 12.000 miles/year. Medium-duty truck (gasoline): 25,000 miles/year ?Medlum-duty truck (diesel): 35.000 miles/year Extra Miles. Y." are hJ 'nG N/A extra miles at $_N/A _-per mile if this Iease ends ,n or af.etre, la.;t scl-Irred payment is due we will credit y u Wil l, $ -N?A _ per mile for _ ach unused extra imle_ There will be Me credit if the lease cads early, you bay the vehicle, or the vehicle is a total loss. Total Allowed Mileage on the Odometer at Lease End is -_.. _ 60 01. 0 -miles. S1ano 'I meter td-oe . -- 10 miles no. - risn rlrvea. I, e govemmem graces a one on rno venlcle and you do nor pay r. promptly, we may pay it. Each time we pay a fine, you will pay us the fine plus $20. 03/22/2010 17. SCHEDULED LEASE END DATE. This lease is scheduled to end -- - -- - - ----- - You are scheduled to return the vehicle on this date. (month) (day) (year) 18. LEASE END DAILY EXTENSION CHARGE. $ 25.00 per day (plus tax), beginning on the eighth day after scheduled lease end date. 19. REQUIRED VEHICLE INSURANCE INFORMATION. You affirm that liability and physical damage policies that meet our requirements (see the other side) are in force on the date of this lease as follows: Insurance company name:__ Insurance agency name.- / ---------- Agency address- - /?- ____ Agency phone ao : _A'M._ Agent's name. Ir1. -- Policy no.. ai?R JLiabil ffy Physical damage Deductibles: Collision$-_Comprehensive$-5-15 Insurance company name N/A Insurance agency N?H:_ Fl Agency address: Agency phone no -_NM N/A Agent's name __ -al _ ____ Policy no.:__ NIPF --N,-A-- Physical damage Deductibles: Coulson, S. __ _ Comprehensive $. N/A 20. OPTIONAL LIFE AND DISABILITY INSURANCE. We (to not require life or disability insurance. It you sign beaw, rte will try to get the covrmge(s) chedred for the lease lerm_ We will include the premium in your base monthly payment. A notice you receive when you sign this lease dascribes the coverage(s) The insurance may not cover [axes and other amounts due besides the base monthly payment. Insurer name. N/A Address N/A __-- Ll Life insurance (? Lessee ? Co-Lessee ? Both) Premium $ N/A Coverage limit $ N/A Ci Disability insurance (Lessee only) Premium $ -N/A Monthly coverage limit $ LESSEE'S SIGNATURE: X CO-LESSEE'S SIGNATURE: X -____-.. Age 21. WARRANTY AND EXCLUSION OF WARRANTY. You have the benefit of any warranty checked below. X Standard manufacturer's warranty Narnnly papers that are separate from Ihis lease state any cove ag limas. Thin law gives you a warranty that the vehicle conforms to the descrionon in this lease_ THERE ARE NO OTHER EXPRESS WARRANTIES ON THE VEHICLE. WE MAKE NO IMPLIED WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. Base mileage allnv,ance _ 60, 000 miles Purcha ad extra miles N/A miles 22. OPTIONAL SERVICE AND MAINTENANCE CONTRACTS. Excess Mileage Charge. The excess mileage charge is $ per mile for each mile Name .-_NLA Tom, N/A months, N/_EL_ -. miles t,evond the total ed owed miles. plus tax. II the lease ends early and the vehicle is not a total Name _ N/R. Te-m N/A months..N/A_ miles oss. any excess mleage and wear charge will not be more than residual value minus the If you are buying a service or maintenalce contract novo, you may pay for it at lease signing_ !f ,chick- sale cnce. There is no excess mileage charge it you buy the vehicle. you do not, the price will be in the capitalized cost and you will pay rent charges on the pride. 19. LATE CHARGE. If you do not pay a monthly payment in full within 10 days after it is due, you _:ilt pay a isle oharge of 5-0 of the part of the payment that is lele_ THIS IS THE ENTIRE AGPEEMENT TI-.,,o lease including the front and Lo Gk of this form cons ;ns the re agre enl bst ee You 13t y ,o c lelh le. Any ande to t1-. iemE-. y lust be in wn and signed by you and a No oral charges are binding, _ rY X.._ CO LESSEE: rs o n a TI CE -LESSEE. ail ho e ;fairing any of ou. ighis under this lease without losing them hJ E O D NOT SIGN THIS AGREEMENT 86=ORE YOU ROAD IT. Z. YOU ARE ENTITLED TO A COPY OF IS A EE SIC-.[SDm ;I E- , 1 r„EfiT r,NT)RECEIlED A,CoF_ Al NORTH SPRINGFIELD t47 "_ 23 2006 Y ? let ti o ? ^ ( a ) ; rea SPRINGFIELD AUTO MART INC. NA'I EANOT!T E ..,r:lir 1 n c at I iris I v, be n ty L ,thl, le.-,. -r _I;"I. a r-a, Iingi _. ;i.1 hill I Ill _ , IC n. - w , I,; SPRINGFIELD AUTO MART I NC. 414-WJL i:ER SIDE F3R OTHER I'UPC^,TC,N i ;;a EIIA N ...,?_U71P„ A PRO -IBl-!ON OF -RP.NSFEFOO_P. lii I-.rFST. i. t = -rnt ?n All Ri.11I 23. REQUIRED VEHICLE INSURANCE. INSURANCE, USE, AND CARE OF THE VEHICLE 25. MAINTENANCE, REPAIRS, OPERATING EXPENSES, AND DAMAGE. You will maintain and repair the vehicle to keep it in good condition. Replacement sheaf metal must be new original equipment manufacturer pads. Other replacement parts must be original equipment manufacturer pans or Paris of equal quality and design. (If insurance will pay for repairs. ask your insurance company to specify original equipment manufacturer sheet metal.) You will pay all maintenance, repair. and operating expenses, including gas and oil. II the odometer stops working. you must fix it immediately. You will service the vehicle as the manufacturer eeommenrds. You will follow the manufacturer's instructions in any recall. If you don't do these things. we may do them. You will owe us our cost if we do. We may inspect the vehicle at any ieasonabie time and piece. When you take possession of the vehicle, you take on the risks of loss of the vehicle and of damage toil. It the vehicle is damaged, stolen, of destroyed and money becomes available train insurance. a judgment, a settlement. or the fike, we will treat the money as an insurance ;elllemenl. We and/or Vehicle Asset Universal Leasing Trust will be entitled to this money. If the lease ends in connection will) out receipt of the money. ve will treat any money we do not use to repair the vehicle as sale proceeds. 26. EXCESS WEAR. Excess wear is wear that is Uevono nomiat wear. Excess wear includes la) glass that is damaged or trial you tinted: (bl a damaged or corroded body. trim, frame. crossmenlber, suspension, engine. powerrain, or other mechanical part; (c) damaged paint; (d) a tom, damaged, or stained interior or Irunkliner; (e) a pickup bed with a sprayed-on bedlinw,, (l) sheet metal that is not original equipment sheet metal; (g) missing equipment or parts that were in or on the vehicle when delivered and not replaced with equipment or parts of equal quality and design (including a missing wheel, wheel cover, jack, or wheel wrench); (h) a fire (including spare) that is unsafe. is not the size and type Ore manufacturer recommends, is recapped or a snow tire. or has less than 1/8 inch of tread left at the shallowest point; (t) a damaged or worn brake that does not meet government safety standards; (1) oil leaks or low oil pressure: (k) a mallunctioning electrical system. battery. or lights: (I) any other condition that makes the vehicle fun in a noisy, rough, improper, unsafe, or unlawful way; and (m) any other damage, whether or rot insurance covers it. 27. LIENS. You will keep the vehicle free of hens unless we agree to them. If you do not remove any liens, we may do so. You will pay us any amount we pay to do so. You must insure the vehicle through liability and physical damage policies acceptable to us. The policies must not exclude or restrict coverage it you were to drive the vehicle, or when the driver is someone you allow to drive the vehicle or who is likely to drive II1e vehicle. 1 he policies must show any additional insureds and loss payees that we require. It this lease is assigned to GMAC or Central Originating Lease Trust, the initial additional insured and loss payee is'GMAC and its successors and assigns'. P.O. Box 650100. Hunt Valley, MD 21065.0100. You must give us prool of insurance when we ask. We require no other insurance. Liability insurance must (al cover W. least $50.000 lot property damage. $100=0 for bodily injuries to any one person, and $300.000 for bodily injuries for any one accident. or (b) have a combined single limit of at least $500.000 for bodily injuries and property damage for any one accident. or Vucks of 1D.DDO Ibs GVW or more and public conveyance vehicles, liability insurance must instead (a) provide primary coverage of at least 550.000 for property damage. $100.000 for bodily injuries to any one person. and $300.000 lot bodily injuries fm any one accident, and umbrella coverage of at least S1,000.D00 or (b) have a combined single limit of at least :i1.000,0D0 for bodily injuries and properly damage for any one accident Physical damage insurance must have deductibles of no more than $1,000 for collision and upset loss and $1,000 for comprehensive tire and theft loss. dl you move to a new stale, we will require coverage amounts in keeping with our requirements for the new stale. We now estimate that those amounts will be the same as those in this lease. but they may be higher. 24. USE You will not - Use the vehicle illegally, improperly, or for hire. - Use the vehicle in a way that your insurance policy prohibits. - Remove the vehicle from the United.Slates, except for trips to Canada of under 60 days. - Move the vehicle to another state for more than 30 days without telling us. - Change the vehicle without our written consent. - Fireplace parts. accessories, or tires with rented or leased items. - Expose the vehicle to seizure, conriscation, forfeiture, or other involuntary transfer. You will not let anyone else do any of these linings. WHEN THE LEASE CAN END 28. SCHEDULED END. This lease is scheduled to end on the date shown on the front. If this tease ends an or after the last scheduled payment is due, we will treat the lease as if h ended as scheduled and not as if it ended early. However, if the vehicle is a total loss before the scheduled lease end date, the Gap Projection section applies. 29. LEASE END DAILY EXTENSION. Al scheduled lease end, if you keep the vehicle and do not buy it, you elect to extend the lease and pay a daily extension charge beginning on the eighth day after the scheduled lease end date. The charge is shown on the from. We may limit the number of days you extend the lease. During the daily extension period, you agree to comply with the terms of this lease, other than terms that apply to monthly payments and early end. The total allowed mileage will not increase. 30. EARLY END. You may end this lease anytime. We may end this lease if you are in default or if the vehicle is a total loss. 31. DEFAULT. You wig be in defaut 9 am of these rhinos happens: - You do not pay on time. - You made a material misrepresemalfion when you applied for this lease. You staff a bankruptcy, receivership, or insolvency proceeding or one is started against you or your property. - You break any otter agreements in this lease. - You do anything the law rays is a default. it you are in default, we may - End this lease and require you to pay the early end charge. -Take the vehicle from you without demand. II the law permits, we may go on your properly, to lake the vehicle. It the vehicle has an electronic locating device, we may use the device to find the vehicle - Sue you for damages and to get the vehicle back. - Pursue any other remedy the taw gives us We wig exercise our rights without breach of the peace, at reasonable times and places, in a reasonable way, as the law permits. We may take and store any personal hems that are in the vehicle. H you do not ask for these items back, we may dispose of them as the law allows. You will pay our reasonable expenses of taking these actions as the law allows. These expenses may include expenses of taking and storing the vehicle, attorney's tees, collection costs, and court costs. 32. TRANSFER You may be able to banisher this lease instead of ending h early, if we approve. If you would like to transfer this lease, please ask us about the requirements and your responsfcifi8es. AT LEASE END 33. VEHICLE RETURN. At lease end, you will return the vehicle (including any dealer installed options you do not bury outright) to arty reasonable place we tell you, unless you buy the vehicle. After you return the vehicle, you will call us promptly at 1-800-200.4622 and tag us where you let the vehicle. 34. OPTION TO BUY THE VEHICLE. You have an option to buy the vehicle only at scheduled lease end. See the front for the price. You must also pay any related official Fees and taxes. 35. ODOMETER DISCLOSURE. Federal law requires you to tell us the vehicle's mileage in connection with a transfer of vehicle ownership. You may be fined and/or imprisoned if you do not complete it* disclosure or t you make a false stalemem. WHAT YOU OWE AT LEASE END 36. WHAT YOU OWE AT SCHEDULED END. (a) IF YOU BUY THE VEHICLE: If you have paid us and kept your agreements, you wig owe us nothing more. (b) IF YOU DO NOT BUY THE VEHICLE: It you have kept your agreements, you will owe us only any excess mileage charge, any lease and daily extension charge, and our estimated or actual cost of repairing excess wear, plus any tax. (We do not have to make repairs.) 37. 'WHAT YOU OWE AT EARLY END. In general, unless gap protection applies. you will owe us any unpaid monthly payments. We will give you a credit tot any unearned rent charge and a credit if we sell the vehicle for more than residual value. We will use the actuarial method to figure the unearned rem charge. (You may ask us for a written explanation of the actuarial method.) We will treat the rent charge for each monthly period as fully earned on the period's first day. We will treat each monthly payment that you made as if we received it on its due dale. If the vehicle is a total loss. see the Gap Protection section. Otherwise, you will owe us an early end charge as follows: The base monthly payment times the number of payments not yet due, Any uneamed rent charge, figured by the actuarial method. Any surplus (see definition in this rem) on the vehicle sale, + If there is no surplus, any Early Excess Mileage and Wear Charge (see definition in this item), plus any tax. = The Total. If the Total is more than zero, you will owe us the Total. If the Total is less than zero, we wig not give you a refund or credit. You will also owe us any unpaid fees and taxes and any amounts due because you broke agreements in this lease. We may cancel any optional insurance or optional service. maintenance, or other contracts that we financed for you. We will give you a credit for any amount we get from cancellations. Definition of Surplus: Unless you get an appraisal or gap protection applies, we wig sell the vehicle at wholesale. It we sell the vehicle for more than residual value, the excess will be Ilse surplus. It we sell the vehicle lot residual value or less. the surplus will be zero. Appraisal. You may get a professional appraisal of the vehicle's wholesale value. It you do s0 within a reasonable time, we will use the appraised value as the sale price when we figure the surplus ph-any). The appraiser must be an independent third party. You and we must agree on the appraiser. You must pay for any appraisal. The appraisal will be binding. Definition of Early Excess Mileage and Wear Charge: Our estimated or actual cost of any repairs the vehicle needs because of excess wear (we do not have to make repairs), plus any excess mileage charge. This charge will not exceed residual value minus the vehicle sale price. 38. GAP PROTECTION. It the vehicle is a total loss before the scheduled lease end date, and we get an insurance settlement, you have gap protection. II the money we get from your insurance is more than or equal to (1) the base monthly payment times the number of payments not yet due. (2) minus any unearned rent charge. figured by the actuarial me8o4 plus (3) residual value, we wig give you a credit for any excess. You will owe us any unpaid fees and taxes and any amounts due because you broke agreements in this lease. We wig give you a credit for any amount we get from cancellations of optional insurance, service contracts. maintenance contracts, or other contracts that we financed for you. If the money we gel from your insurance is less than (1) the base monthly payment times the number of payments not yet due. (21 minus any unearned rent charge. figured by the actuarial method, plus (3) residual value. you will owe the difference up to the amount of your insurance deductible. O the difference is more than your insurance deductible, you will also "a an excess mileage charge. up to the amount by which the difference exceeds your deductible, plus any tax on the charge- We will figure the excess mileage charge as if the lease had ended as scheduled. In either case, we will give you a credit for any amount we get from cancellations of optional insurance, service contracts, maintenance contracts, or other contracts that we financed for you. You will also owe us any unpaid tees and taxes and any amounts due because you broke agreements in this lease. If the vehicle is a total loss and we do not get an insurance settlement, there is no gap protection. You wig owe us any excess of the residual value over the vehicle's salvage value. If the lease ends before the last scheduled payment is due, you will also owe us the early and charge that applies when the vehicle is not a total loss. 39. SECURITY DEPOSIT. 11 you paid a security deposit, we will use it at lease end to pay anything you owe under this lease and do not pay. We will not pay you interest on the security deposit. We wig not add to the security deposit any proceeds, money, or funds we receive tram the security deposit. After lease end, we will give back any part of the security deposit that is left ADDITIONAL TERMS 40. ASSIGNMENT BY LESSOR. If this lease is assigned, the assignee may designate Vehicle Asset Universal Leasing Trust, or rs trustee, as agent to hold title for the benefit of the assignee on [tie vehicle's c2itiiicate of title and/or registration Any sale and assigdrtrent will not be considered to change materially your duties. burden, or risk under this lease. tfehber the assignee nor Vehicle Asset Universal Leasing Trust will have to make any repairs to the vehicle. get any insurance. or perform any service Lessor has agreed to perform undeF this lease. You will took only to Lessor for these services After assignment, GMAC will service this lease. if GMAC is the assignee or if GMAC helped to ,arrange this lease. You must then make all payments to GMAC (for its or the assignees account) or as otherwise directed. If we assign this lea=o. row wit „ur receive notice of assignment. 41. PROHIBITION OF TRANSFER OF YOUR INTEREST. YOU WILL NOT SUBLEASE OR OTHERWISE TRANSFER (EXCEPT TO YOUR ESTATE) ANY RIGHT OR INTEREST YOU HAVE UNDER THIS LEASE OR IN THE VEHICLE WITHOUT OUR PRIOR WRITTEN CONSENT. ou may be able to transfer this lease instead of ending it early, if we approve. It you o-voudd like w transfer this lease, please ask us about the requirements and responsibilities. - 42. INDEMNITY. You will platen us tom all losses, daruagec. injuries. claims, demands, and expenses arising out of the condition. maintenance, use. or operation of the vehicle. You agree to indemnify, and hold harmless, us and our assigns from all such losses, camages, injuries, claims. demands, and expenses. 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 isrX n 0ruL o (Name) of??kffik LO-1- 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. WWR# to(nl6000ct .- .? ?a W 0 O c %6 SHERIFF'S RETURN - REGULAR CASE NO: 2008-02270 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS PERKINS PATRICIA E ET AL NOAH CLINE Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PERKINS PATRICIA E the DEFENDANT at 1835:00 HOURS, on the 17th day of April , 2008 at 5905 HILLSIDE LANE MECHANICSBURG, PA 17050 CHARLES PERKINS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 11;-k1o F (:?, 18.00 9.00 .58 10.00 .00 37.58 Sworn and Subscibed to before me this day By: of A.D , Sheriff or Deputy Sheriff of by handing to ADULT IN CHARGE So Answers: R. Thomas Kline 04/18/2008 WELTMAN WEI Deputy Sher: ivahf{ Cc i,uJ f r , SHERIFF'S RETURN - REGULAR CASE NO: 2008-02270 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS PERKINS PATRICIA E ET AL 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 n" in Tr Ir ATO f'=ADT UO the DEFENDANT , at 1835:00 HOURS, on the 17th day of April 2008 at 5905 HILLSIDE LANE MECHANICSBURG, PA 17050 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 HJa?lo1 4- 1 Sworn and Subscibed to before me this day of So Answers: °7 R. Thomas Kline 04/18/2008 WELTMAN WEINBER REIS By: ? f D puty Sheriff ??? A. D. r , ?,-" / Voaw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PATRICIA E PERKINS CHARLES PERKINS Defendant No. 08-2270-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6615609 Judgment Amount $ 13.232.88 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PATRICIA E PERKINS CHARLES PERKINS Defendant Civil Action No. 08-2270-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, PATRICIA E PERKINS CHARLES PERKINS , above named, in the default of an Answer, in the amount of $13.232.88 computed as follows: Amount claimed in Complaint $11,732.88 Interest from date of judgment at the legal interest rate of 6.0% per annum Attorneys Fees TOTAL $1500.00 $13.232.88 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 1-4 William T. Molczan,plquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#6615609 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 5905 HILLSIDE LANE MECHANICSBURG,PA 17050 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PATRICIA E PERKINS CHARLES PERKINS Defendant Case no: 08-2270-CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, PATRICIA E PERKINS CHARLES PERKINS is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, PATRICIA E PERKINS CHARLES PERKINS , is not in the military service. Further Affiant sayeth naught. (/V AFFIANT SWO N TO AND SUBSCRIBED in Y presence this & day of NO' RY PUBL COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, NoWy Public City Of Pittsburgh, Allr?gheny County 14hy CommissJon Expirer,.June 29, 201 Member, Pennayivanua Adsbolatk7n or Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff Case # 03 -Da-?G1- C ivi ?.- TC?,m PATRICIA E PERKINS Defendant (s) IMPORTANT NOTICE TO: PATRICIA E PERKINS 5905 HILLSIDE LANE MECHANICSBURG,PA 17050 Date of Notice: _Qfska-i? WWR#: 06615609 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: I VtUAM WOO PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff case # g -,'?X4C) - C j\hL TE,gM CHARLES PERKINS Defendant(s) IMPORTANT NOTICE TO: CHARLES PERKINS 5905 HILLSIDE LANE MECHANICSBURG,PA 17050 ?t Date of Notice: WWR#: 06615609 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 _ I?"?8 l''d Vv1 BY: PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 Request for Military Status Department of Defense Manpower Data Center Adlftk 1W Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-06-2008 06:23:42 Last Name First/Middle Begin Date Active Duty Status Service/Agency PERKINS PATRICIA Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Aay r?. lU.?,-n?.- Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faA/pis/PC09SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/6/2008 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUN-06-2008 06:24:07 < Last Name First/Middle Begin Date Active Duty Status Service/Agency PERKINS CHARLES Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. A%t/,R Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http•//www defenselink.mil/faq/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/6/2008 Z I !? Q WJ O G 0 ?! 0 C-n C. 0 cfa fi r, G rn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. 08-2270-CIVIL TERM PATRICIA E PERKINS CHARLES PERKINS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jug ent was entered against you on (xx) Assumpsit Judgment in the amount of $13.232.88 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothongtpry By: PROT490NOTAR DE,?UTY) PATRICIA E PERKINS ®® 5905 HILLSIDE LANE MECHANICSBURG,PA 17050 CHARLES PERKINS 5905 HILLSIDE LANE MECHANICSBURG,PA 17050 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7?h Avenue, Pittsburgh, PA 15219 1-888-434-0085 it ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PATRICIA E PERKINS AND CHARLES PERKINS Defendant M&T BANK, Garnishee, No. 08-2270-CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT and LEVY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06615609 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. 08-2270-CIVIL TERM PATRICIA E PERKINS . 5106 Agsick lane AND CHARLES PERKINS, Mech. PA 17000 Defendant M&T BANK, Garnishee PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County:' 2. against PATRICIA E PERKINS AND CHARLES PERKINS, Defendant 3. against M&T BANK, Garnishee, ow Forte (2c{ 4. Judgment Amount 117007 $ 13232.88 Less payments of $ 46.42 Interest $ 519.90 Costs $ SUBTOTAL: $ 13706.36 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By. "'l, 4 7 T. William T. Molczan, Esqui19 PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06615609 -9V 14 ao .3 4? [:F?'cl4?.wR S . ? (J 0000 CP _ = M ; 1 1> ? !p it -rt i ~ r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2270 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC, Plaintiff (s) From PATRICIA E. PERKINS and CHARLES PERKINS, 5905 Hillside Lane, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, One Forge Road, Boiling Springs, PA 17007 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $13,186.46 Interest -- $519.90 Atty's Comm % Atty Paid $173.08 Plaintiff Paid Date: 2/24/09 L.L.$.50 Due Prothy $2.00 Other Costs 8/1* - C is R. Lon nota (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 47437 By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PATRICIA E PERKINS AND CHARLES PERKINS Defendant and M&T BANK Garnishee No. 08-2270-CIVIL TERM finsava /V - - ` INTERROGATORIES IN ATTACHMENT M&T BANK FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06615609 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. PATRICIA E PERKINS AND CHARLES PERKINS Defendant and M&T BANK Garnishee Civil Action No.: 08-2270-CIVIL TERM TO: M&T BANK Suggested Reference No.: XXX-XX-2955 One Forge Road Boiling Springs, Pennsylvania 17007 RE: PATRICIA AND CHARLES PERKINS 5905 HILLSIDE LANE MECHANICSBURG, PA 17050 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? "e la. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each gf such HOLDities. :d? y 3 0 / ?c cl a I 3. R? B 1tAVVLANCE DOES NOT EXCEED EXEMPT 2. At the time you were served or at any subsequent time was there in your possssesig, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? Nb 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? A,AD 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? f?o 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. )0 Balance a iso , 1 Social Security >?? «_ i ;T _.; 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 0 RAE p WELTMAN, WEINBERG & REIS CO., L.P.A. By. / William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06615609 -011 100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unworn falsifications to authorities, that he/she is JURRIC M&T 14 of (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) e r IN THE COURT OF COMMON PLEAS ALLEGHENY COUNTY, PENNSYLVANIA is CIVIL DIVISION DISCOVER BANK Plaintiff VS. TIMOTHY M OLEARY Defendant Case No. AR-08-017264 IMPORTANT NOTICE TO: TIMOTHY M OLEARY 225 EWING RD PITTSBURGH, PA 15205 Date of Notice: Q/0) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE ALLEGHENY COUNTY BAR ASSOCIATION 11TH FLOOR, KOPPERS BLD, 436 SEVENTH AVE. PITTSBURGH, PA. 15219 (412) 261-5555 WELTMAN, WEINBERG & REIS CO., L.P.A. Patrick Woodman P.A. I. D.# 34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7076207 A PIT B48 CL CJ c r1 - a7 n Cti ro ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. PATRICIA E PERKINS AND CHARLES PERKINS Defendant M&T BANK No. 08-2270-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END AS TO THE GARNISHEE M&T BANK ONLY Garnishee FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06615609 r `s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff VS. Civil Action No. 08-2270-CIVIL TERM PATRICIA E PERKINS AND CHARLES PERKINS Defendant M&T BANK Garnishee PRAECIPE TO SETTLE DISCONTINUE AND END AS TO THE GARr1ISHEE , M&T BANK. ONLY TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter as to Garnishee, M&T BANK, only, upon the records of the Court and mark the cost paid. Sworn to and subscribed Before me the Day of March 2009. N ARY PUB WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. W PA I.D #42`. WELT" 14,00 Kop 436 Seve tY (412) 43171955 15219 & REIS CO., L.P.A. WWR#06615609 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County My Commission E.)Ores June 29, 2010 Member, Pennsylvania Association of Notaries 4.. O -rZ o ? t? r-a :rn r s --a n s J `?C7 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs ocketing oundage law Library Prothonotary Mileage Surcharge Levy Postage Garnishee 18.00 2.10 .50 2.00 15.30 40.00 20.00 9.00 $ 106.90 ? ?r/a S?b-- Advance Costs: 300.00 Sheriffs Costs: 106.90 193.10 Refunded on 09/24/09 So Answers, 01 00 R. mas Kline, Sheriff By Sharon R. Lantz O .i l T ' N s 5 :Z?? ou{?Z i? t_ y rrt7 Cj- `CV `A> I i . C1dt35v?t J - ?-? 1^ C'V ? ? ??o4y c u c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2270 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC, Plaintiff (s) From PATRICIA E. PERKINS and CHARLES PERKINS, 5905 Hillside Lane, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, One Forge Road, Boiling Springs, PA 17007 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $13,186.46 Interest -- $519.90 Atty's Comm % Atty Paid $173.08 Plaintiff Paid Date: 2/24/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs J1444 Curtis R g Proth otary By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02270 P ! COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GMAC LLC VS PERKINS PATRICIA E ET AL And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:03 Hours, on the 26th day of February _j 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT PERKINS PATRICIA E in the hands, possession, or control of the within named Garnishee M & T BANK 812 1/2 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CARRIE DERICK (BRANCH SALES) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answers: Docketing .00 ?????? Service .00 Affidavit .00 R. Thomas Kline' Surcharge .00 Sheriff of Cumberland County . .00 00 / y?2?169 03 09/2009 Sworn and Subscribed to before me this day of A.D By Dep y Sh riff SHERIFF'S RETURN - GARNISHEE 1ASE NO: 2008-02270 P 1 COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GMAC LLC VS PERKINS PATRICIA E ET AL And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:03 Hours, on the 26th day of February-, 2009, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , PERKINS CHARLES hands, possession, or control of the within named Garnishee M & T BANK 812 1/2 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CARRIE DERICK (BRANCH SALES) , in the personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So ro*!?w Docketing 00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County _ .00 00 1?6 9 , 03/09/2009 Sworn and Subscribed to before me this day of By Der y heriff A.D