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Home My WebLink About08-2548IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No. M- as43 C?vi( Tz-M vs. KENDRA M ZEIGLER - AKA KENDRA ZEIGLER Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#5891397 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff No, vs. KENDRA M ZEIGLER - AKA KENDRA ZEIGLER Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT I . Plaintiff is a corporation with offices at 5700 CROOKS RD STE 301 TROY, MI 48098. 2. Defendant is an adult individual residing at 55 GASOLINE ALLEY , CARLISLE,PA 17013. 3. On or about MAY 25, 2005, the parties entered into a written Closed-End Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 2005 PONTIAC VIBE, more particularly identified in the Agreement, a true and correct copy of which is attached hereto, marked as Exhibit "1" and made a part hereof. 4. By the terms of the Agreement, Defendant was to make FORTY-EIGHT (48) payments of $416.54, commencing MAY 25, 2005, 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 Defendant of all obligations provided thereunder and upon the return of the vehicle by Defendant to Plaintiff at the end of the lease term, which term would end FORTY-EIGHT (48) months after it commenced. 6. Plaintiff avers that Defendant defaulted under the terms of the Lease Agreement by failing to make payment to Plaintiff as promised. 7. Due to the Defendant's 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 $6,290.13 as of APRIL 2, 2008 is due from Defendant. 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 $1,000.00. 11. Although repeatedly requested to do so by Plaintiff, Defendant has 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 Defendant, KENDRA M ZEIGLER, individually, in the amount of $6,290.13 with continuing interest thereon at the legal rate 6.00% per annum from the date of judgment plus attorneys' fees of $1,000.00 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 ire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 1.5219 (412) 434-7955 WWR#5891397 GMAC SMARTLEASEm AGREEMENT- Monthly Payment O ? C? y 1_ESSEE (; ad CV-LESSEE) ('You") name and address including county ? Garaging address (if different) LESSOR (Retailer) - KENDRA M ZEIGLER FAULKNER HARRISBURG, INC. I LUUS 2060 - 720 CRANES GAP ROAD i pal driver ( it business use Princi al driver if business use CARLISLE, PA 17013 This is an agreement to lease a vehicle. This is not a purchase agreement. You are not buying the vehicle. By signing this lea=e, you agree to _everything on the lient and back. "vve, "us." and "our" refer to Lessor named above and any assignee. An assignee" is a person to whom this lease is assigned (if it is assigned). 71 If this box is checked. Lessor (Retailer) m II ssign this lease and sell ,he vehicle to General Motors Acceptance Corporation ("GPAAC"). KENDRA M ZEIGLER If his box is checked GMAC helped to arrange this lease and Lessor (Retailer) will assign it and .:fl the veh de Iq Central Originating Lease Trust. If this _: If this box is checked. Lessor (Retailer) will assign this sense and sell the vehicle to box : is checked, Lesser (Retailer) intends tot to a „i,In this !cane Mill THE VEHICLE YOU ARE LEASING 020-9071$4871 -f Ne•,Wused Year Make & Model Body style- I Vehicl= ID # _ - Mileage : - Primesy r I ? - -- - Personal. Family, at Household -iCommercial, Business. or - N?Lt 2005 PONTIAC VIBE 5Y2SL63825Z463779 35 L _ r Agricultural _- Deafer Installed Options GVW (d Inmkl Public Conveyance I? FEDERAL CONSUMER LEASING ACT DISCLOSURES 1. Amount Due at Lease 2 SI9nin or Deliver Monthly Payments 3. Other Charges (not part of you r monthly payment ) 4. Total of Paymet s y (Itemize9 d Below)' Yo first monthly pay ne! of 5 due on 416.54 Dispo W n fee (if you do (The amount y 11 hr , nts - 05 25 2005 followed by _ payr4c/ of not purchase the vehicle) $ - NAtne iiI of It e lea; ) _ $ ---- --416 t-4 on the --- --2t•ych month. $ N/A - -_-_79$51 The total of your monthly payments is $ ._1$893 192 Total $ - N/A - 21375.9 I 'Itemization of Amount Due at Lease Signing or Delivery . - - 5. Amount Due at Lease Signing or Delivery: 6. How the Amount Due at Lease Signing or Delive ry will be paid: a. Capitalized cost reduction Fi t thl $ 12676 a. Net trade-in allowance rs mon E, y payment R f $ _-_--416-_54 b. Rebates and noncash credits 380Q 0 c. e undable security deposit $ -8/A c. Amount to be paid in cash d Titl f _ _ , - S32 7 . e ees $ e. Registration fees $ -11 -00 L Sales/use tax $------------ h_ --BOF RND- ----- - $77-75 -- T1RE TAX- - _ $----5.00 --- - - --B 0-OWt1_iJR- - $- ??3a:24 I. Total $- 1798-.-55 d. Total _ _lzsa.s 7. Your monthly payment is determined as shown below: - -- - - a. Gross capitalized cost. The agreed upon value of the vehicle ($.._._. 2j&72Z -00) and any items you pay for over the lease ter h i m (suc as serv . ce contracts, insurance, and any outstanding prior credit or lease balance) ? Is. Capitalized cost reduction. The amount of any net trade-in allowance, rebate, noncash credit or cash you pay that reduces the gross capitalized cos! _.._ - $ -22057--. C c. Adjusted capitalized cost. The amount used in calculating your base monthly payment - - - . $ --1265 d. Residual value. The value of the vehicle at the end of the lease used in calculating your base monthly payment - - -20791.2 e. Depreciation and any amortized amounts. The amount charged for the vehicle's decline in value through normal use and for other items paid over - $' -- 7316.) the lease term f. Rent charge. The amount charged in addition to the depreciation and shy amortized amounts $ . $ 13474.4 g. Total of base monthly payments. The depreciation and any amortized amounts plus the rent charge , -- $ ---486$. 7 h. Lease payments. The number of payments in your lease -_ - 18343.2 i _ 48- . Base monthly payment $ -- -- --382-• 1 k Monthly sales/use tax (estimated) ' $------- ---34.3 ---N/A----- - -- --- ----- -- $ I. Total monthly payment - - --- N/ $_ -- --416.5 Early Termination. Vou may have to pay a substantial charge if you end this lease early. The charge may be up to several thousand dollars The actual charge will depend on when the lease is terminated. The earlier you end the lease, the greater this charge is likely to be. 3. Excessive Wear and Use. You no/ he charged for ne :ve wear based on a rstandurds for nointal use inr to, mileaq : ? excess of Oper /ear at the rate of ;; - 12 Per 2 1l 9. Purchase Option at End of Lease Term. You liI.,n op.i.m to ouy the vehicle at the end of the lease term for S 7r plus ofhcia - - - - IaeS alid taXeS_ 1 10. Other Important Terms, See your lease documents far addiCmnal :ninrmafion on early tenninalion, purchase options and maintenance rasponsibihties, warranties. late and default charges, and msu:n: EXHIBIT 11. ITEMIZATION GROSS CAPITALIZED COST . a. Agreed upon value of the vehicle $ 16. CHARGE FOR FINES. If the government places a fine on the vehicl d b. GMAC administrative fee Z0722.00 e an you do not pay Il Promptly, we may pay it. Each time we pay a fine, you will pay u5 the fine plus 5;20. c. License registration/title fees $ 595.00 17. SCHEDULED LEASE END DATE. This lease is scheduled t d _ d. Sales tax -RTA o en 1 You are scheduled to return the vehicle on this date. (monthi OAlg?,4/per) c. Other tax (describe) _ __ ___ _ N/A $ 18. LEASE END DAILY EXTENSION CHARGE $ --- - -- --" pF[A Optional service contract . ___-_ _ beginning on the eighth day after scheduled lease end date. ? er day (plus tax). r S g. Optional maintenance contract r $ 740.15 19. REQUIRED VEHICLE INSURANCE INFORMATION Y -- - h. Optional life insurance - --N-/!i $ . ou affirm that liability and physical damage policies that meet our requirements (see the other side) are in force ?n the date of thi l ------ i. Optional d sabibly Insurance s ease as follows Insur -W[A ance company name:-- Insurance agency name: ArG-NATIONAL -- - -- - k $-.- - ?-?A N/A - - -- - Agency address AI$-.__. ---- - I. Gross Capitalized Cost $ N-rA 54" Agency phone no-- CHOCOLATE-AVENUE-HERSHEY CHOCOLATE-AVENUE-HERSHEY PA I 12. THE VEHICLE YOU ARE TRADING.. ___- 7.-00 5-- RO--- - t0NjOUR ( earj - - Nra-- - - - Agent S name:_ -- - Policy --- CLiabilit F Ph i l y (ma k? (mod el) Gros t d i -_-- y - ys ca damage Deductibles: Collrsron $ s ra e- n value $ -_ _ _ Comprehensive $ --_- --- Payoff 2549.00 - $ Insurance company -_- Net trade-in value ---5OS3.-24 Insurance agency name:-__ _ - - ---- -- _ - 25347M 73. OFFICIAL FEES AND TAXES. You will pay all government license title t i Agency address -- - -- - Agency alone no ---- , , regis rat on, testing, an inspection fees for the vehicle. You will pay all taxes on the lease or the vehicle that the . Agent's name:_ - "- - - --- - government levies on you, the vehicle, or us (except our net income taxes). We may change your monthly payment if !axes change We ma bill ou t l f _ _ _ _ Policy no Cl Physical . y y separa e y or official fees and razes. TOTAL ESTIMATED FEES AND TAXES YOU MUST PAY DURING LEASE $ S Deductibles: collision $ Comprehensive $ __ -. ? The actual total of lees and taxes may be higher or lower depending on tax rates in Cf`6r ih? h 20. OPTIONAL LIFE AND DISABILITY INSURANCE. We do not require life or disabilit insur If ve icle value when a fee or tax is assessed y ance. you sign below, we will tn/ to get the coverage(s) checked for the lease lean We will include th i a. Title/lien tees 5 . e prem um in your base monthly payment. A notice you e e you sign this lease describes file r. The insurance may not cover t _ b. rs fees/taxes $ b axes and ogler amuounnts s due due besides the base monthly payment I iFe Ve c tltdn5e'7Qes/taxeYdxes -_-r i3-22 d nsurer r name: ? d. Salesluse taxes (including tax on capitalized cost reduction) NIA Address: --- ---- e. Excise taxes _ x650.72 I. Property taxes NTA $ L -1 Life insurance (F-1 Lessee C7 Co-Lessee 71 Both) Premium $ g. Other (describe) -- Coverage limn $ N/A ----"------ $------N`A h.Other (describe)_________-_._---__---_. - $ _ `IDisability insurance (Lessee only) A/A Premium $ _----- i. Other (describe) $_-_.____N/A - _ Monthly overage limit $ _ N/A LESSEE'S SIGNATURE: X 14. MILEAGE. N TA _ ..Age ?1/A Base Mileage Allowance. ?15,000 miles/year. ?Low mileage. 12,000 miles/year CO-LESSEE'S SIGNATURE: X . ! =i Medium-duty buck (gasoline): 25,000 miles/year Age -- -- --- - -- r1Medium-duty truck (diesel): 35,000 miles/year 21. TY ANDEXCLUSION OF WARRANTv You have th h b e c e low enefit of any wananly ecked b Extra Miles. You are buying _ _ e y?nile, at $___. pe r ttli?. If this lease ends or. or after the last scheduled p yrn nt is d ve i n ' ! Slanndrd manufacturer's warranty us, w t you ll creel whir $ _ _ _- l N?'Ar mile for each unused extra mile. There hill be no credit if the lease ends _ ear vehicle, or the vehicle is a total loss. Y Y buy the ehicl is Warrar ty papers that e separate from this le ileag on Total Allowed (v e the Odometer at Lease End is [ s . state any coverage Ijoit The -, gives you a warranty that the vehicle onforms to file descripf,rn i ih pa ? - -. v}tQS.S Starting odour e mileage 423 3 n ss. THERE ARE NO OTHER EXPRESS WARRANTIES ON THE VEHICLE. WE MAKE NO IMPLIED WARRANTY OF MERCHANTABILIT Base mileag allowance - _ ??eC Y. THERE IS NO WAR RAPiTY THAT THE VEHICLE iS FIT FORA PARTICULAR PURPOSE Purchased extra YI ,> -- 48-r OdVV7?Cps . - Rry,'Sns Excess Mileage Charge. The - xcess n le. g . cha - -s 5 / HHHHHH 22. OPTIONAL SERVICE AND MAINTENANCE CONTRACTS. be and flip Iota sllo rae pe?rpile for each mile y - J a i s I is tax tit. Lase end earl co, the•'ldUto (I is not a total loss, any ny excess nleage and I ear char l ge will not be more than residual value minus the loss - vehicle sale price There is ie - - - - Term mor 1J Name Service Contract dame Term pp //?? -- - --- - . e cpss n deage charge it you buy tits. vehicle- If you are buying a s??TiIG? or mainten nee r nt t ? ar 15. L ATE CHARGE . If you do not pa} a moothh , n ' in l ll i 7 p< , ar now c u na it at leas s may p you do not. the price will be in the eaptal"ed cost d u ent thin 10 days after it is due you will pay a late charge of 5% of the part of the payment late w That is . an a vfll yo pay rent charges no the !-rive. price - THIS IS THE ENTIRE AGREEMENT Thi l . s ease including the front and back of this form, comauni d the terms of this lease must be in writing and signed by you and us W N e entire a ,- y gmemenl between ou and us relaii r td th l . yr o oral changes are binding „ e ease - f the ehir° e. Any Panyp to By X We may delay or re,! from anfdrn y try of cr r righrs ndei this lease with l CO-LESSEE: out osing them. NOTICE TO LESSEE. 1. DO NOT SIGN THI S AGREEMENT BEFORE YOU HEAD IT- 2. YOU ARE ENTITLED YOU SIGNED THIS AGREEMENT ANC RECEIVED TO A COPY OF THIS AGREEMENT. A COPY AT -HARRIa8URG,-Ply - ON star - m ? ? - - - IJV x _ ( on%hj MAYdav) 251yea,) 2005 Le r?t Ic'vATU9 C? EE ESe : X EANOTI LF X - FAULKNER HARRISBURG, INC ,II J, t ar io 1 I .1„if n J„I2 agr r hI I 1n I l c, ilf 11",1 r I fy 'ne! 1 fl- ,, c nor erl r LESSGI FAULKNP R M a IPORTANT AGREEMENTS - ft I_-LJ 671 MOYTH[Y 1 /2c0', t OIhiG A c'RO I 1 p : Copyri?hl'_G01 General 90i ere A.I OF TRANSFER OF YOUP, 11,17E96ST. Lin r Ayruenuu. ORIGINAL • GMAC 23. REQUIRED VEHICLE INSURANCE. You must ensure the vehicle through liability and physical damage policies acceptable to us. The policies must not exclude or restrict coverage if you were to drive the vehicle, or when [lie driver IS someone you allow to drive the vehicle or who is likely to drive the vehicle. I he policies must showany 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-OI00. You must give us proof of insurance when we ask. We require no other insurance. Liability insurance must (a) cover at leas[ 550.000 for properly damage. $100,000 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 trucks of 10.000 lbs *GVW or more and public conveyance vehicles, liablliy insurance must instead (a) provide primary coverage of at least S50.000 for properly damage. $100.000 for bodily injuries to any one person, and $300.000 for bodily injuries for any one accident, and umbrella coverage of at least 31,000,000 or (b) have a combined single limit or it least dA.DDD.ODO for bodily injuries and properly damage for any one accident. Physical damage insurance must Ilave deductibles of no more than $1,000 for collision and upset loss and $1,000 for comprehensive fire and theft loss. If you move to a new state, we will require coverage amounts in keeping with our requirements for the new state. 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 polity prohibits. - Remove the vehicle from the United States, 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. - Replace parts, accessories, or tires with rented or leased hems. - Expose the vehicle to seizure, confiscation. forfeiture, or other involuntary transfer. You will not let anyone else do any or these things. 25. MAtiTF.NANCEE REPAIRS, OPERATING EXPENSES, AND DAMAGE. You will maintain and repair ale, vehicle to keep it in good condition. Replacement Sheol metal must be new original equipment manufacturer parts. Other replacement pans must be original equipment manotaclurer parts or parts of equal quality and design. (If insurance will pay for repairs, ask your insurance company, to specify original equipment manufaclurer sheet metal.) You will ply an mairdi nencce. repair. and operating expenses. including gas and oh. If the odometer stops wonting. yore must fix it immediately. You will service the vehicle as the manufacturer recommends. You will follow the manufacturer's instructions in any recap. 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 an seasonable Lre i and place. any When you take possession of the vehicle, you take on the risks of loss of the vehicle and of damage to i. If the vehicle is damaged. stolen, of destroyed and money becomes available from insurance. a judgment, a settlement. or the like. we will treat the money as an insurance settlement. We andror Vehicle Asset Universal Leasing Trust will be entitled to this money. It ale lease ends in connedt. rdth our receipt of the money. •ve will treat any money we do not use to repair the velacle as safe proceeds. 26. EXCESS WEAR. Excess weal is wear that is beyond nomhal wear. Excess wear includes la) glass drat is damaged or that you linled: (of a damaged or corroded body. trim, frame. crossrnembas. suspension. engine. powerlmtn, or other mechanical part; (c) damaged paint; (d) a tan. dsnaged, or stained interior or tmnkliner; (e) a pickup bed with a sprayed-on bedliner, (p sheet rarefy 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 (excluding a missing wheel, wheel cover, jack, or wheel wrench); (h) a tire (irhclufig spare) Unit is unsafe. is not the size and type the manufacturer recommends, is recapped or a Snow lire, or has less than 1/a inch of tread left at the shallowest point; (I) a damaged or rvam brake that does not meet government safety standards; (j) dl leaks or low oil pressure-. (k) a mutunckoning r Wcfty system. battery. or Itghts; (1) any other condition that makes the vehicle mar in a noisy, rough. Improper, unsafe, or unlawful way, and (m) any other damage, whellra or noi insurance covers it. 27. LENS. You will keep the vehicle free of liens unless we agree to them. If you do not remove arty liens. we may do so. You will pay us any amount we pay to do so. WHEN THE LEASE CAN END 26. SCHEDULED END. This base is scheduled to end on the dale shown on the front. If this lease ends on or after the last scheduled payment is due, we will treat the lease as t If ended as scheduled and not as t it ended natty. However, if the vehicle is a total loss before the scheduled lease and dale, the Gap Protection section applies. 29. LEASE END DAILY EXTENSION. At scheduled lease end, it 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 front. 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 and. The total showed mileage coif[ not increase. 30. EARLY END. You may end this lease anytime. We may end this lease t you are in default or if the vehicle is a total loss. 31. DEFAULT. LOP will be in defaultrf acv of these things happens: You do not pay on time. - You made IS material misnrpresentation when you applied for this lease. - You start a bankruptcy, receivership, or insolvency proceeding or one is stoned against you or you property. -_YOy_book any other agreement in the lease. - You do anything the law says is a default. If you are it delaiaR, we may. - End tit lease and require you to pay the early end charge. - Take ties vehicle from you witihrlut demand. If the law permits, we may go on your frgpsrry b trice the vehicle. If the vehicle has an electronic locating device, we may use the dMCe to OW that vehicle. - Sue you for damages and to get the vehicle back - Pursue any other remedy the taw gives us We will exeudse ow rights without breach of the peace. at reasonable times and places, in a masrrwble way, as the law Pemrits. We may take and store any personal items that arc in the vehicle N you do not ask for these items back, we may dispose of them as the law allows. You will pay w reasonable experses of taking these actions as the law allows. These expenses may MClude sops ses of taking and storing the vet:cte, attorneys tees, collection costs, and court Costs. 32. TRANSFER You may be able to transfer this base instead of ending it early, if we approve. 11 you fro . Me to transfer this lease. please ask us about the requirements and your responsibillies. AT LEASE END 33. VEHICLE RETURN. At lease and. you will return the vehicle (including any dealer khstaaed 35. ODOMETER DISCLOSURE ,Federal law requires you to ten us the vehicle's mileage in options you do not buy outright) to any reasonable place we ten you, unless you toy the vehicle. Conneclon w 1h a aartsfor of vehicle ownership You may be fired and/or imprisoned it you do After you return Me vehicle, you will can us promptly at 1-800-2044622 and ten us where you let not complete go disclosure or it you make a false statement. the vehicle. 34. OPTION TO BUY THE VEHICLE You have an option to buy the vehicle orgy at scheduled lease and. See are from for the price. You must also pay any related official fees and taxes 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 will owe us nothing more. (b) IF YOU DO NOT BUY THE VEHICLE: If 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 for any unnamed rent charge and a credit it we San 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 rem charge for each monthly period as fully earned on to period's first day. We will treat each monthly payment that you made as t we received it on its dire dale. If the vehicle is a total loss, see the Gap Protection section. Otherwise, you will owe lis an early end charge as follows: The base monthly payment times the number of payments not yet due, - Any unearned rent charge, figured by the actuarial method. - Any surplus (see definition in this item) on the vehicle sale, If there is no surplus, any Early Excess Mileage and Wear Charge (see definition in this hem), 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 will not give you a refund or credit. You will also owe us any unpaid tees 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 will sell the vehicle at wholesale. It we sell the vehicle for more than residual value, the excess will be the surplus. It we sell the vehicle for residual value or less, the surplus will be zero. Appraisal. You may get a professional appraisal of the vehicle's wholesale value. If you do so within a reasonable time. we will use the appraised value as the sale price when we figure the surplus (ihany). 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. AUDI 11 40. ASSIGRMENT BY LESSOR. If this lease is assigned, the assignee may designate Vehicle Asset Universal Leasing Trust, or its truslee, as agent to hold title for the benefit of the assignee on the vehicle's cendicate of title and/or registration. Any sale and assigrim,,l will not be considered to change materially your duties. burden, or risk antler this lease. Wdihher 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 undei this lease. You will look 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 ([or its or the assignee's account) or as otherwise directed. If we assign this 1-ca, yov win nut receive notice of assignment. INSURANCE, USE, AND CARE OF THE VEHICLE DermM m 01 F.saly Excess Mileage and Wear Charge: Our estimated or actual cost of any repass the waftle reeds because of excess weer (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 P(OTECTIOR It the vehicle is a total loss before the scheduled lease end date, and we get an insurance settlement, you have gap protection. If 1 he rtorey we got tram your insurance is more than or equal to (1) the base monthly payment limes the number of payments not yet due, (2) minus any unearned rent charge, figured by the actuarial method. plus (3) residual value. we will give you a credit to any excess. You will owe us any unpaid tees and taxes and any amounts due because you broke agreements in this lease. We will give you a credo for any amount we get from cancellations of optional insurance, service COmbaM maeaenance contracts or other contracts that we financed for you. If the money we got from your insurance is less than (1) the base monthly payment times the number of payments not yet due, (2) 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. t the ddaeroroe Is more than your insurance deducMle, you will also owe an excess mileage c hage, up b the amount by which the dterence exceeds you deductible, plus any tax on the clangs. We will figure Ube excess mileage charge as if to lease had ended as scheduled. In eiler case, we d On you a creds for arty amount we get from rancenations of optional insurance, tehv., contracts. maintenance ooreracts. or other comracs that we financed for you. You wig elm owe hs any unpaid fees and taxes and any amounts due because you broke agreement in Ohs lease. If to vehicle is a total loss and we do not get an insurance settlement, there is no gap protection. You vii owe us any excess of the residual value over the vehicle's selvage value. If the lease ends before the last scheduled payment is due, you wig also owe us the early end charge that appI when the vehicle is not a total lose. 39. SECURITY DEPOSIT. If you paid a security deposit, we will use it at lease end to pay anything you owe reeler iris lease and do trot pay. We wig not pay you interest on the security deposit. We will not add to the security deposit any proceeds, money, or funds we receive from the security deposit. After lease end, we will give back any part of the security deposit that is left. VNAL TERMS 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, it we approve. It you would like Iu transfer this lease, please ask us about the requirements and responsibilities. 42. INDEMNITY, You will prolecl us from all losses, daniagec, injuries. claims, demands, and expenses arising out of the condition. maintenance, use, or operation of the vehicle. You agree to indemnity and toe harmless, us and our assigns Irons all such losses, damages, 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 is ?11 ` if n (Name) (? of Cn! j c L -L C' , 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, inforniation and belief. (Signature) WWR#5891397 co ? ? (f1 R, LA O d ? n? 171 c SHERIFF'S RETURN - REGULAR CASE NO: 2008-02548 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC LLC VS ZEIGLER KENDRA M ET AL DENNIS FRY , Sheriff or Deputy Sheriff of Cumberland C unty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZEIGLER KEND M AKA KENDRA ZEIGLER the DEFENDANT , at 1420:00 HOURS, on the 30th day of April 2008 at 247 F STREET CARLISLE, PA 17013 by handing to KENDRA ZEIGL R a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 9. ? 33.00 05/01/2008 WELTMAN WEINBERG REIS Sworn and S scibed to By: before me this day eputy e i of 1 -1 A.D. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. KENDRA M ZEIGLER AKA KENDRA ZEIGLER Defendant No. 08-2548-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#5891397 Judgment Amount $ 7290.13 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. 08-2548-CIVIL TERM KENDRA M ZEIGLER AKA KENDRA ZEIGLER Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, KENDRA M ZEIGLER AKA KENDRA ZEIGLER , above named, in the default of an Answer, in the amount of $7290.13 computed as follows: Amount claimed in Complaint $6290.13 Interest from date of judgment at the legal interest rate of 6.0% per annum Attorneys Fees $1000.00 TOTAL $7290.13 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: fr'?ti l?'c?-' ) William T. Molczan, WWre PA I.D. #47437 ,v WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#5891397 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: 55 GASOLINE ALY CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff Case # (3 1 X48 - C IV( ?-- -Ep- M KENDRA M ZEIGLER Defendant (s) IMPORTANT NOTICE TO: KENDRA M ZEIGLER 55 GASOLINE ALY CARLISLE,PA 17013 Date of Notice: ! (161 tt, V U WWR#: 05891397 1 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 : P0. tEJ - I "UA LbbD 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 COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. KENDRA M ZEIGLER AKA KENDRA ZEIGLER Defendant Case no: 08-2548-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, KENDRA M ZEIGLER AKA KENDRA ZEIGLER 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, KENDRA M ZEIGLER AKA KENDRA ZEIGLER , is not in the military service. Further Affiant sayeth naught. / (N AFFIANT SWORN TO SUBSCRIBED in y presence this day of -J COMMONWEALTH OF PENNSYLVANIA Notal??i Seal NOTARY/ PUBLI Wendy L. Gault, Notary Public City OF Pittsburgh, Aitegheny County My Commission I .:;r irfas July 15, 2010 Member, Pennsylvania ,-issoclation of 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. Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JUL-02-2008 06:50:28 -< Last Name First/Middle Begin Date Active Duty Status Service/Agency ZEIGLER KENDRA M 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. Ahk Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/2/2008 .mow CAJ r-? CI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. 08-2548-CIVIL TERM KENDRA M ZEIGLER AKA KENDRA ZEIGLER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or 1drent was entered against you on C5Og (xx) Assumpsit Judgment in the amount of $7290.13 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 Protho ry By: PR ONOT KENDRA M ZEIGLER 55 GASOLINE ALY CARLISLERA 17013 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 "FARY 20! 3 l hi\ 24P04 f • 1 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County MARLIN H. BIRDSALL No. CIVIL-09-2548 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES