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Home My WebLink About08-3479NAUMAN, SMITH, SHISSLER & HALL, LLP Guy P. Beneventano, Esquire Supreme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor Counsel For: GMAC P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 GMAC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. JUSTIN A. HENNEGHAN, Defendant . NO. 08 - 3y'79 Ci v i ( l er M : CIVIL ACTION -LAW : ACTION IN REPLEVIN NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. THIS IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por aboado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (800) 990-9108 NAUMAN, SMITH, SHISSLER & HALL, LLP Guy P. Beneventano, Esquire Supreme Court I.D. No. 43107 200 N. 3`d Street, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: June 4, 2008 NAUMAN, SMITH, SHISSLER & HALL, LLP Guy P. Beneventano, Esquire Supreme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor Counsel For: GMAC P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 GMAC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. JUSTIN A. HENNEGHAN, Defendant NO. of - 3 Y*7 : CIVIL ACTION - LAW : ACTION IN REPLEVIN COMPLAINT AND NOW comes Plaintiff, GMAC, by its counsel, Nauman, Smith, Shissler & Hall, LLP, to file the within Complaint based upon the following facts: 1. Plaintiff, GMAC, an entity organized under the laws of Delaware, having offices throughout the United States and having an office at 555 Business Center Drive, Horsham, Pennsylvania 19044. 2. Defendant, Justin A. Henneghan (hereinafter "Defendant") is an adult individual presently residing in Cumberland County at 134 W. Penn Street, Carlisle, PA 17013. COUNTI REPLEVIN 3. On August 22, 2006, Defendant entered into a Contract with Sutliff Chevrolet, Harrisburg, PA 17105 (hereafter "Seller") for the purchase of a 2006 Chevrolet Malibu, bearing Vehicle Identification Number 1G1ZT5IF96F142019 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Twenty-Three Thousand Nine Hundred Fourteen and 20/100 Dollars ($23,914.20). A copy of the Contract is marked as Exhibit "A", attached hereto and its contents are incorporated herein by reference. 4. Defendant, pursuant to the aforesaid Contract, agreed, inter alia, to make sixty (60) installment payments in an amount of Three Hundred Ninety-Eight and 57/100 Dollars ($398.57) each, commencing September 22, 2006, and payable on the same day of each successive month thereafter, for a total obligation of Twenty-Three Thousand Nine Hundred Fourteen and 20/100 Dollars ($23,914.20). 5. Under the Contract the Defendant granted the Seller or its assignee a security interest in the Vehicle and its proceeds. 6. Defendant, pursuant to the aforesaid Contract, agreed that in the event of default in any payment due under the Contract, or the failure to comply with any term or condition thereof, that the Seller of the aforesaid Vehicle may take possession of said property, including any equipment or accessories thereto, and for this purpose Seller may, in any lawful manner, enter upon the premises where the said property may be and remove same. 7. On or about August 22, 2006, for good and valuable consideration, the said Contract was assigned by Seller to GMAC who succeeded to the rights and interest of Seller. GMAC, pursuant to the provisions of the Pennsylvania Motor Vehicle Code and the Pennsylvania Uniform Commercial Code, perfected its security interest in the Vehicle by properly notifying the Pennsylvania Bureau of Motor Vehicles to endorse upon the Certificate of Title for the aforesaid 2 Vehicle a notice of its encumbrance upon the aforementioned Vehicle and security interest therein. A copy of said Certificate of Title is marked Exhibit "B" and attached hereto. Defendant has breached the said Contract in that Defendant failed to make the agreed- upon installment payments due. 9. Such defaults are continuing. 10. The present outstanding balance due GMAC from Defendant is in the amount of Fifteen Thousand Seven Hundred Seventy-Five and 76/100 Dollars ($15,775.76), plus late charges. 11. GMAC sent Defendant a Notice of Default by letter dated May 21, 2008. A true and correct copy of said Notice of Default is attached hereto as Exhibit "C" and incorporated herein by reference. 12. Under the terms of the aforesaid Contract, Defendant agreed that in the event he defaulted in any payment due thereunder, or failed to comply with any of the terms or conditions of the Contract, and in the event it became necessary for the Seller or its assignees to institute a suit in replevin for the Vehicle, Defendant agreed to pay all costs of suit and any reasonable attorney's fees. 13. GMAC has made repeated demands that Defendant make the payments agreed upon, all to no avail. 14. The aforesaid Vehicle is presently in the control and custody of Justin A. Henneghan, 134 W. Penn Street, Carlisle, PA 17013. 15. Vehicles of this model and class have an average wholesale value of Eleven Thousand Seven Hundred Seventy-Five and 00/100 Dollars ($11,775.00). 3 WHEREFORE, GMAC prays that this Honorable Court enter judgment in favor of GMAC and against the Defendant for: a. Possession of the 2006 Chevrolet Malibu bearing Vehicle Identification Number 1G1ZT5IF96FI42019 or in the alternative, the market value of the car in the amount of Eleven Thousand Seven Hundred Seventy-Five and 00/100 Dollars ($11,775.00); and, b. Reasonable Attorney's fees and legal expenses incurred by reason of the institution of this action in replevin to repossess the aforementioned Vehicle; all as agreed to in the Contract dated August 22, 2006. COUNT II BREACH OF CONTRACT 16. Paragraphs 1 through 15 above are incorporated herein by reference. 17. Pursuant to the Contract, Defendant has defaulted by his failure and refusal to pay installments in arrears, the sum of which (including late fees and unpaid charges) is One Thousand Six Hundred Fifty and 07/100 Dollars ($1,650.07) at this time and increasing monthly. 18. At all times material to this case, GMAC has fully and satisfactorily conformed to and complied with all terms and conditions required of it under the Contract. 19. Pursuant to the Contract, Defendant's default entitled GMAC to installments in arrears, a late fee equal to 2% of the total amount of arrears, plus all other costs incurred in connection therewith. 4 20. To date, Defendant owes GMAC the outstanding balance of Fifteen Thousand Seven Hundred Seventy-Five and 76/100 Dollars ($15,775.76), plus late fees and costs. 21. The Contract provides that in the event the Defendant did not make the agreed upon monthly payments, resulting in a default under the Contract, and GMAC was required to employ an attorney, the Defendant agreed to pay reasonable attorney fees and Court costs. WHEREFORE, GMAC demands judgment in its favor and against the Defendant for: a. The sum of Fifteen Thousand Seven Hundred Seventy-Five and 76/100 ($15,775.76), plus a late fee equal to 2% of the total amount of arrears and all other costs incurred in connection therewith; and b. Reasonable Attorney's fees and legal expenses incurred in connection with installments in arrears; and c. Any and all other relief which this court deems appropriate. NAUMAN, SMITH, SHISSLER & HALL, LLP . Beneventano, Esquire upreme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: June 4, 2008 5 VERIFICATION I, Lori Gomez, Semperian Agent for GMAC, being duly authorized to do so on behalf of GMAC do hereby make the following statements subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsifications to authority, and do state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Lori Gomez Semperian Agent for GMAC Date: 6. Z - 08 EXHIBIT "A" RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN Dealer Number Contract Numberb Buyer (and CaBuyor)-Namo and address (uldgIs couty and zip code) USTIN A HENNEGHAN Creditor (Belief name and address) ((?? 34 U PENN ST SUTLIFF CHEVROLET CO.ti tl?se' ? CARLISLE, PA 17013 P.O. BOX 1307 00 UNBERLAND HARRISBURG, PA 17105 You. pie Buyer (and Co Buyer, it airy), may buy the vehicle described list" for cash or on credit By engwug NIS cgaract. you choose b buy under the agreements pct the front and back of this contract You agree m pay US. he Creditor. he Amount Financed and Franca Charge according to the payment srnsc ss mown own we Wit figure he nnarlee Charge on a dairy basis New or Used Year Make and Model Vehicle IdenMieabon No Prima Ike kx Wfa h Purchased ? personal, lemiy. or household ? agricultural ? w sxese ? Your trade.. is a Year Make Model FEDERAL TRUTH414-LENDING DISCLOSURES Insurance. You may buy the physical damage ANNUAL FINANCE Amount Total of Payments Total Sale Price insurance on contract requires (see bads) from PERCENTAGE CHARGE Financed The saw" you The total coal of anyone You Choose who is acceptable b us You are BATE The does, The smorint ot will have paid after your purchase on riot required to pry any other insurance to obtain The cost of your anbtrhl pit endd provided to you hove made all credit, including cied l Your decision b buy or net buy other credit as a yearly credit will Cost you or do your Payments as yadx downpaymenl Insurance we not be a Isdq in the credit approval rate you behalf scheduled ag ?oui process If 9.90 % 111 AS SR an9 7c 32; 914 rr-.iv- ' any insurance u checked balm, policies or cerbl,cahs from he owned nwranca companies wuN Your Payment Schedule WIII Be: describe he terms and conditions Cheek the Ireuranq you went and sign lisle": O ti l C d t I p ona re i nsurance. ? Cfedl Ufe, ? Buyer ? Co-Buyer Late Chet M e ge. payment is not received in he within 10 days alter it is due, you we pay a late Term _ charge. II ere vehicle is a heavy commoroal moor vehicle, the charge will be 4% of he pan of pia Credit Disability (Buyer Orgy) payment pill is late Otherwise. he charge will be 2% par month of the pan at the payment that is Term Isle, figured based on a lull calendar month for any part of a mark that n; more am 10 days PrepeymanL If you pay off as your debt early, you cud not have to pay a penalty Premium Creol Life 5 Securlly IneryL You we giving a seci my merest in the vehicle bengpurchased DeaMby S - - Credit Addltlonsl Informsaon! Sea this contract for more information including nlormaluon about ;t N A.. nonpa 1. deleUll, any repined repayment in full bets am scheduled date, and seeuny interest (I.- ) ITEMIZATION OF AMOUNT FINANCED (HomeOffice ) 1 Cash pros (including any accessories, services. arid takes) Credit life insurance and credit disabday insurance, are net ro ed to obta n credit Y d 2 Total downpeymanl = (11 neaabve *met *0` and We Ise 4H bakiwl w i our ecision to bey or not buy crahl file -- and credit Gross had- $ -parsd byseter S disability nnxanne will not be a facbr in the cre ll = net 1nde.n t Cash $ approval process They will not be provided uniey INA Teas . De -of r e(dro,«D? : (2) 500-OD you Sign and agree to pay he ad. Cost Credit We mwrace pays he wood pan of he amorxnt S Unpaid balance of cash pnco (f mmus 2) (3) financed 4 you die. The insurance pays only are 4 Other charges Washing orngdit8 pad to others on your behalf (Seller mall omouni you would own it you pad all your payments on kme Credit disawwy mouraree pays he koep pal of Mdse amounts 1. A Cost of opbond credit insurance pad to he insurance eaedu ed Payments due under "a Conexl white company or companies you we disabled This nsaarce does not cover any increase in your payment or n the ncrMOr of Life S N/A Payments The pokers or certificates issued by he asewtlrv s g/? S xie IA named insurance company may Kama knurl are ? B Omit insurance pad to the inwdranhee company Coverage that creel We on credit owlishly nwnnce Provision; Sea the policies or e let (dewnbe) $ _ co verage limits and other terms and conooms C Official gees pad to govemmant age ft I Q - 00 D Government taxes not included in cash once S Other Insurance. E Govemmem hoarse andior ragwhebnn ley ? S S 1 4S Type of Insurance Tam F Government certificate of Hie lees - Premium S _ MIA , iiaua n .00 Beauty MOW r y S 27.50 G Od h er c arges (Sailor must lie" who is pad and d b (Insurance Company) escri e !M2se) WIAL S 990.00 - (Home oftle. Addr.y) TOWL W FEE $ 60.00 to lot a N/A 1 want file insurance checked above to for $ N/A x to br S N/A Buyer Sgnalure D.A. to fa N/A x : H Nef trade-n payCM b $ NIA COBUyer Slpnaae Data Total other charges and amanls Pad to others on, your behalf %312.75 (4) a Amoua faharced (3 .41 10, AOp, 75 (s) ANY INSURANCE REFERRED TO IN THIS s Rnan c* thane 4,111.45 (S) CONTRACT DOES NOT INCLUDE COVERAGE 7 Told of payments - bma balenoe (s. 61 31.914.70 (7) FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. It You do not mom your contractual obbruiti-_ ..i. u...........,..i....._i...i- Number Amount When Payments Or y 01 Pa ems d P merits Are Due FoNOws S MonlNybe9ng l2?/2006 For example. we may odeed he emit br mBkNg fortis payment without exleednp the Pane for making others atilhormes NOW THIS CONT AC CAN B GE _?j_?rBracl coMash9 the eras agreement between you and us teiatlng to an Contract Any change to the conaact a tun '. tlaW1/„d__ t IN/o r?rtlrcharipy era hahd.hg Buyer Snpns Co-BUrar Signs X If any pert of As yon&wl is not vaAa, all otter pens stay veld We may delay or fairer from enforcing any of our rights undo this dtoNrecl without bang ahem Yaulhonze us to dulen intormpben alien you. or the velxaia you are buying, from he amt minor vehicle department or other motor vehicle registration Sy Oadk br other Important agreements. ?tead_in you, and y ere f to it and review it. You confirm that you received a completely the vehicle W l does rid have to pay Ue dept The other tumor apron to the scorny nlaesh n the "hide pyre to y in In centres Do not Sign this contract on • Sunday. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. Notice to Buyer. Do not sign s contr in blank. You are entitled to an exact.copy of the contract you sign. Keep it to pros y ur I g- ri is Biiiyersgrfs ? p8/22/2006 Co-Uuymsgnsx Dane You agree the arms of this contract. You confirm that before you signed this contract, we gave it pY h Y u Irns Co-euyer sgrwx pelf, Ruyan and ere - A eo-wryer is a person who is napomnde roc paying on erhra Mo An other owner is a paean vlbBe name n on the Mt m omen owner ages nee x Dam kyn ornate SUTLIFF CHEVROLET CO. 08122/2006 ay Tfl6ENT Safer aygois its Imeryi in an Contract to ? General Motors ACtagaea Corponlibon (GMAC) GM" i G4? O NAW Cradn Carpoaam. corder a. lima of 3~5 aore.nu.ne.t with :a_ SUTLIFF CHEVROLET k. /i/(4?d{ • I AGENT Z109 FR-PA 3i20o5 (i) (For cow n Una SleIs of Pennsylvania) (1 of 4) Notru: gee 01Mr Skis I- Copyrgn120x4 General Moles Acceptance, Corporation All Rgfde Reserved ORIGINAL OTHER IMPORTANT AGREEMENTS t. FINANCE CHARGE AND PAYMENTS a. How vase will figure Finance Charge. The Fnarce Charge le figured on a day basis at to Annual POMM"o Rate on the unplik part d she Amami Financed b. How we will apply Payments. We ON apply each payment had warned b the end unpaid part of the Finance Charge. and Ion to the umpad part of the Auburn Financed. c. How lots payments a early Payments conga what you must pay. We bead the Faeroe Charge. Total of Payments, and Told Sale Pace shown on U. hard an to assumption tat you will make every Payment an ON day it is due Year Finance Charge. Total Of Payments, and Tolel SW Pike wit be more it you pay We and less d you pay edy. Changes may take the form at a larger or smother lonal payment Or. at ham option, more or lower payments of Use moo amunt as yen scheduled Payment with a antalet eel Payment We will sand you a notice telling you about those changes before tole Ines scheduled payment is due 2. YOUR OTHER PROMISES TO US a. If the vehicle Is damaged, destroyed, or missing. You agree to pay us five you owe under this connect even dare whose as damaged, destroyed. or missing b. Using the which. You agree not to remove the vehicle tram am U S or Canada, or to sell, rent, lease, or transfer any interest in this vehicle or do$ contract without Our wnhar Pemasslau You agree not to expose the vehicle to moue. secure, codification. at m'alluNary transfer II we Pay any wiper asb, akaage bps, foxes. Ones, a charges on the vettbb, you some to repay the amount when we ask for d c. Security Interest You give us a seemly, nInterest in I. The vehicle and all parts or goods eutased in it 2. All moray or goods received (proceeds) for the valise; 3 AN Inerance. msomance, service. a Other contracts we fltence far you, and ' 4 AN Proceeds from nsurance. dnmbonce, serfs, or other comracls we sconce for you Ths mckides err/ mkdds of premiums a charge from ails contracts This socurea payment of all you owe an this contract it aim locums your dor,agmements in seas convect, You will make sure the title shows was security unrest plan) in Me vehicle d. Insurance you must have on the vehicle. You agree to haw physical damage insurance covering be Or damage to the vehde tar to term of des cantrdeL,The insurance must cover our merest in Ow vemse.,ll you do not have this insurance. we my, d we decide, buy physical tlamaga aleurance awe decide to buy physical damage nSumnce, we may buy wmnm the Covers your interest and our Interest in the whole It we buy this Insurance, we will are you the charge you moil pay The charge will be fib premium for the maurehw and a Nmryf9 charge at the highest rats se taw permits. It tie "l de o lost or damaged, you agree that we my use any nnMr seaement to reduce what you owe or repair the vehds e. What happens to returned Insurance, praintemoe, service, or other Contract charges. If we get a nand of durance, mointedwricO. mMca, a Oder contract charges. You Ogee that we may Subtract the reflood from what you Owe I C- You may how to Pay Collection aceb. If you default end we how to ' go to Coat b meOvar M whets, you wit pry the reasonable atlomsys lees and court costs, as to law patchy. You wig rose pay ammo' attorneys fees and clot oWb a Coot awade us It. We may sake the vehicle from you. II you deteult we may take ((epose") sew vehicle Bum you If we do se Peacol lly and the taw asewe It If your vol ds hoe an elecronc tracking device, you agree drat we may we the device b led thi vehicle it we take the vahos., any saessen". equpesent, all replacement, pans will slay wall she vahee. If say personal Items are in the vow we my store tom for you at your expNbe. If you do not ask tar rises dam back, wo may dupcee of them as he law slows. e. How YOU Con gee the vehicle bask a we take ft. If we repossess the vehicle. YOU may gee A back by Paying the unpaid part d the Amount Financed Pius the earned and brpwd pan of the Fnwrce Charge, wry Ise charges, and any other amounts due become you ashamed (redeem) Your right to redeem ends when we eel the vehicle. We vat tell you how mach to pay to maknon It we repmem the vehicle, we nosy, at our option, allow you to get Ue vehicle back before we mail h by paying al past due payments am lob degas (f@MWM) We will let you It you may reinstate and how much to pay of you may II you were in 1lelOAt for moo grin ISdeys when we took the while, the amoUnt YOU must pay to redeem or roanteb Will also nckde fie aspenses Of taking the vehicle. holding it. and propamg it tar ask 1., We will eel the vehicle If you do not get It back. If V. do not mom. we will sell got vehicle we wit shod you a wrelen notice of set a before soling th vehicle We will apply he mWery Imm ft sale, less albwad expenses, to de amoaa you owe Ahmed expenses Me expenses we pay as a duel resWl at Is" his vehicle. holding 1, prepamg it for with, and as" it, as Ue taw allows. Reasonable atamey leas add court coos the law Penots am else slowed Imphotase H any money as lea (surom), we weft pay It b you. It moray from the sale is of enough to pay the amount you ows you mud pay the real b Us. It you do not pay Ulb amino when we ask, we may charge you dlereN at he highest lawful rate until you pay g. What we may do about optional Ini umnae, maontenance, service, or other contracts. This contract my contain cages for optional uwurara:e, memnrnce. runncs, a ohs conuaM If wo repossess the vehicle, we may clam benefits miler Uwae Canaada and cants] them to Wood refunds of umamad changes to reduce what you owe a repair de whose if he vehicle u a letal ices im"ma n is conlurated, damaged. or sblen, we my claim benekb under tog, contracts and cancel them to obtain reluos of weeded charges to reduce what you me h. Summary notice regarding propsymenl and ralnatabmnL You may PmPaY all a pet of to amours you owe under this contract al any hoihe wANOut Penalty 11 you do coo, you oily eve to pay the earned and unpard pan Of hO Faence Charge arid of other amounts due up to the date of your payment If you default and we mpoSSSSS to vehicle. we may. at Our Option. slow you b get he vehicle back before we sell it by paying Oil past due Paymery, late charges, and exponshe 3. YOU MAY PREPAY 6. WARRANTIES SELLER DISCLAIMS YOU may Prepay oil a pen at fns Metal part d he Amount Financed at any lens withaid penalty 'If you do m. you must pay.lhe' slmed and ` -7yy following paragraph Om not affect arty warranties Covering the unpaid put of he France Charge and all hater Amounts due up In Ow vehicle that he vehicle manufacturer my provide The blowing date at your payment. Paragraph also doom 00 apply At ail of you bought to while Primarily for personal, family, or household use 4. IF YOU PAY LATE DR BREAK YOUR OTHER PROMISES runless the Seller makes a written warranty, or enters Into s service a. You may haws late charges. You Will Pay a We charge all Pact, bile contract within fat drys from the data of this eomtraet the Soler Payment " shown an Ue Imnt Acceptance of a late payment a late makes no warranties, express or ImplIK on the vehicle, and there will be no Implied warrant" of mamhantahility, or of times. Im a charge does of excuse your Iota payment a man hat you may keep particular purpose. making late payments It you pay laic, wa my sue take the steps described below b. You may hove to Pay all you ewe at once. It you break your promises Idelau t), vin my demand that you pay all you owe on thw conimct al once Delauh mans' t You de not pay any payment an tae, 2 you start a proceeding n bankruptcy a one a started sgansl You or your property, or 3 YOU break any agmemds in this contact The &MOM you will owe will be to unpad Pad of Ile Amount Fmanced plus the named and wood pan of rim Fntance Charge, any late charges, and any amounts due become you dobulted 6. Used Car Buyers Gold.. The Information you roe an the window form for this vehicle Is part of this contract Infafiuaon On the window farm overrule any contrary Pmvblons In the contract of sale Spanish Translation: Guise Pan COMINAdOres de vehboos modoe. La Inlormeldn qua ve on at fownulano de is ventonllle Pam es1e vehicufo forma pads del Presents Contrato. Le Inlormseldn dot formubdo de la ventanllk Cola sin efecto lode IlsposkWn an contrarb conleNda an sl contrsto do venta. y. APPLICABLE UAW ' ` Federal law and Pennsylvania law apply to into contract NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. EXHIBIT "B" CERTIFICATE OF TITLE FOR A VEHICLE ,649 062363400011583-001 16LZT51F96F142019 1 20061 CHEVROLET 1 63649690701 HE VEHICLE IDEMIFI;ATION NUMBER YEAR ` MAKE OF VEHICLE I T1TLE WMER SDN 1 0 1 i 8/24/061 000391f1 0 eWY TYPE MP SEAT CAP PFR10Ft 'T" STATE DOM PH= DATE DOOM WM ODOM STATUS 8/24/06 8/24/06 1 DATE PA TITLED DATE OF ISSUE UNLADEN 1.11.11 1. OCwR TITLE SRANDS W49 - R6W67ERED OWHER(8) IR E? + JustSN A HENNEGHA •t '<«tot !P?rsa.?+Hi `{aP YHLL , ' . 134 V PENN ST CARLISLE PA 17013 i RFW LIEN FAVOR OF 6MAC MRST LIEN RELEASED ' IbATE BY, AUTHORED REPRESENTATIVE MMLNO ADDRESS SECOND LIEN FAVOR OF OOQMETER STMUB 0 • ACTUAL MtEABE I • MNEAGA 4 X"EM THE MECHANICAL. L&M t - HOT " ACTUAL Mt#AQE 3 • MT THE ACTUAL ML"MI.ODQM" TAMPEIORL VOWED 1 . EXp/T FROM ooomrm OISCIDSUNE TITLE mRA1ge A • ANTIQUE VlHCIE C . CLAIM Vl"ICLIl D . OOLLECTUJ VDICLE F . OUT OF COIN T AY Q . ORIQMALLY MFOD FOR 101 U 5 DISTRELRIM N . AOBICULTUIML VQld= L. _ LOUM VEHICLE P . IEIVFAS A POLICE VEHICLE . A . 11181RUCTEO • - ETRter RaI i . RECOVELI®THM VEHICLE-.: V • VEHICLE OONTAVN MINIM vIN W . FLOOD YHIOLE X . MMAB A TAXI V i --w MNIO1Wr ¦ Now tram wwaftn of Vw bw MA. Vb THY . NOYwNw ITANI k-wd ON TWO b Vw Surew d Maw VIIIYAF* wo, ILA Ipplgw4lo loon Ind w SECOND LIEN RELEASED DATE 1 EY AUTHORIZED REPRESENTATIVE GMAC PO 'BOX 8140 COCKEYSVILLE MD 21030 .JJ p P V 1 OMMy r of ow MW at "A on aka.l nHO wft of ttb Pwwwykw" OlpwmIlAl of Tm w"m mom M to "rmxs? a wwwwy mmw IHIII. b we wow mw ?D at Ew w MALI. wDREIM AM SIAIOFEI somm ME al...A HbAN .M.. MIpb~ Am comft. 0 TN. w •. .rIM. Y.•ow YF. rAIWw b N wanwbr one Aw bFM •IMr r1 M1IIM. wwNTIATE (W AFFl1GNH IM AU"SOR tED W MM ¦INA"M OF 004PPLICNowffm op AV/110Nzw wwER ALLEN D BIEHLER swirls" of TFrIyw/ mm If s other Nwn your EpaI w f. EoEd Lend you LVmIN rM v% lo be Hr •JoM 1 Twolift Wmh RIaE of SamwlEhlp' (OR:&* of am owlMr. pDa b wvr mV o wlN) CHECK HERE O OEww Ew as WIN be ?Mlmd N 'Tawft In COMRW (On dmM of am amm. IIIIETW of decomw owrw 9w b Iwllwr holm or some) IST LIENbATE ? F NO LIEVI. MM ? I ST LIEFNOIOER STREET CRY STATE zw IF THIS 1E AN ELT CHECK HERE FINANaAL NOTE PEI REOU RED ? EIE,TTUTIDN NO 2ND LIEN DATE -11. IF NO LIEN, 0*= ? 2ND L041HOLDER STREET CITI STATE DP i THIS N AN ELT CHECK HERE ? A"AMAL NOTE Eq REOLNRED NoTnvrm No I EXHIBIT "C" • Attorneys At L'avi? R; Please reply to P. 0. Box 840 Harrisburg, PA 17108-0840 May 21, 2008 Via Certified Mail No. 7005 0390 0002 9076 1517 and Regular Mail Justin A. Henneghan 134 W. Penn Street Carlisle, PA 17013 In re: GMAC Account #020-9101-79125 2006 Chevrolet Malibu Dear Mr. Henneghan: Guy P. Beneventano, Esquire Guyt)bennv@nssh.com Please be advised this office represents GMAC and in that connection, your overdue and delinquent account has been referred to this firm for advice and the appropriate action if not resolved promptly. This letter is an attempt by GMAC to collect a debt, and any information obtained fiom this letter will be used for that purpose. GMAC has advised you that under the terms of a Retail Installment Sale Contract, you are delinquent in paying the January, February, March and April 2008 payments in the amount of $398.57, respectively, plus late charges in the amount of $55.79, for a total delinquency of $1,650.07. Unless you dispute the validity of the debt described above within seven (7) days of the date of this letter, we will assume that the debt is valid. If you notify us within seven (7) days that the debt is disputed, we will obtain further verification of the amounts owed and mail such verification to you. Pursuant to the terms and conditions of the Retail Installment Contract with GMAC that you signed, you are hereby called upon to cure the default by paying the sum of $1,650.07 within seven (7) days of the date of this notice. Please be advised that GMAC reserves the right to pursue all of its rights and remedies as indicated by the Retail Installment Sale Contract, which may include the seizure and repossession of the vehicle. You are also called upon to pay the attorneys' fees incurred by GMAC in connection with your default. Specific information concerning these attorneys' fees will be provided to you after GMAC's receipt of the total delinquency. Superior analysis. Effective solutions. Since 1871. Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street • Harrisburg, PA 17101 • 717.236.3010 9 fax: 717.234.1925 • www.nssh.com Justin A. Henneghan Page 2 If you fail to cure the default, GMAC will declare the entire amount you owe under the Contract IMMEDIATELY DUE AND PAYABLE. You may contact GMAC for the total amount due. If you wish to correspond to GMAC directly please contact: GMAC Attn: L. Gomez P. 0. Box 12699 Glendale, AZ 85318 You may also call L. Gomez at GMAC at 1-800-540-6821 Ext. 4518. If you do not dispute the validity of the debtor otherwise promptly make the delinquent payments, then, GMAC will exercise its remedies, including (but not limited to) filing a lawsuit against you for the repossession of the 2006 Chevrolet Malibu and for breach of contract. If GMAC is forced to file a lawsuit against you, it will seek payment of the entire amount you owe under the Contract. I trust you will act to pay the delinquent payments, and thus avoid the expense and embarrassment of such litigation. Respectfully yours, Guy P. Beneventano GPB/sm cc: GMAC - f'f'i ry ? -rB t.' ? _ ' ---' ? cr-ca tv 0 NAUMAN, SMITH, SHISSLER & HALL, LLP Guy P. Beneventano, Esquire Supreme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor Counsel For: GMAC P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 GMAC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA :NO. b8 - 3g79 CiVi 1 Terms V. CIVIL ACTION - LAW JUSTIN A. HENNEGHAN, Defendant ACTION IN REPLEVIN PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Guy P. Beneventano, Esquire, as Attorney for GMAC, the Plaintiff in the above captioned case. NAUMAN, SMITH, SHISSLER & HALL, LLP . Beneventano, Esquire 2z11;-'Uu"-prr4eeme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-08.40 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: June 4, 2008 C c° T7 CL' C= C_ s - CASE NO: 2008-03479 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GMAC VS HENNEGHAN JUSTIN A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon HENNEGHAN JUSTIN A the DEFENDANT at 2113:00 HOURS, on the 10th day of June 2008 at 134 W PENN STREET CARLISLE, PA 17013 by handing to PAT HENNEGHAN, MOTHER a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 .00 33.00 Sworn and Subscibed to before me this of day So Answers: 00 R. Thomas Kline 06/11/2008 NAUMAN SMITH SHISSLER HALL B "Deputy Sheriff A.D. NAUMAN, SMITH, SHISSLER & HALL, LLP Guy P. Beneventano, Esquire Supreme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor Counsel For: GMAC P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 GMAC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3479 Civil Term JUSTIN A. HENNEGHAN, : CIVIL ACTION -LAW Defendant : ACTION IN REPLEVIN PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-referenced matter at the request of the Plaintiff, GMAC. NAUMAN, SMITH, SHISSLER & HALL, LLP P. Beneventano, Esquire upreme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: June 30, 2008 } ? "n rj 7l c-