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Home My WebLink About04-1080IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaimiff VS. JULIE D. JONES 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03283397 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORSACCEPTANCECORP. Plaintiff vs. Civil Action No. JULIE D. JONES 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation having offices at 5700 Crooks Road, Suite 301, Troy, MI 48098. 2. Defendant is an adult individual residing at 409 2nd Street, Enola, PA 17025. 3. On or about October 30, 2001, Defendant duly executed a Retail h~stallment Sale Contract (hereinafter the "Contract") in favor of Saturn of Carlisle Pike, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendant took possession of the vehicle more particularly identified in the Contract as a 2002 Saturn SL. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from Saturn of Carlisle Pike to Plainti ff. 6. Plaintiff avers that Defendant is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that a balance of $6,839.22 is due from Defendant as of February 24, 2004. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 6% per annum. 9. Plaintiff avers that the Contract between the parties provides that Defendant will pay Plaintiff's reasonable attorneys' fees. 10. Plaintiff avers that such attorneys' fees amount to $500.00. 11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant, Julie D. Jones, individually, in the amount of $6,839.22 with continuing interest thereon at the Contract rate of 6% per annum from the date of judgment, plus attorneys' fees of $500.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WE1NBERG & REIS, CO., L.P.A. WELTMAN, WE1NBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03283397 RET,~IL INSTALl, .SALE CON ACT ~ Dealt Number lg~6 contract Number I~ q [~ RequiredbyStateLsw Ipay~t. Sc~edute. ~.~1~ tnateJment~f$ Zt{. Z~b each, monffllybeglnn~ng EXHIBIT APPROVAL: [ DESIRE TO OBTAIN THE CREDIT UFE AND~R ACCIDENT AND HEALTH INSUP~NCE CHECKED ABOVE FOR TNE PERSON/ PERSONS PROPOSED FOR INSURANCE. Notice to Buyer Do not sign this sontract In YOU sre entitled to an exact copy of the contract you sign. Keep it to protect you~ I~lsl rights. You acknowledge you received a true, correct and ract from the seller when you signed this contract. Buyer Signs 7. ~ ~-~ ~ Co-Buyer Signs 'VERiFiCATiON The undersigned doeg, l~ereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is (NAME) (TITLE) (COMPANY) , plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set for[h in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR# 03283397 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01080 P COMMONWEALTH OF PENNSYLV~kNIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS JONES JULIE D KENNETH GOSSERT , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE JONES JULIE D DEFENDANT at 409 2ND STREET ENOLA, PA 17025 JULIE D JONES a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon at 1720:00 HOURS, on the 16th day of March by handing to the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this ~z~_ day of A.D. Prothonotary So Answers: R. Thomas Kline 03/17/2004 WELTMAN WEINBERG REIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff V$, JULIE D JONES Defendant No. 04-01080 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#03283397 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 GENERAL MOTORS ACCEPTANCE CORP. Plaintiff VS. JULIE D JONES Defendant Civil Action No. 04-01080 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Julie D Jones, above named, in the default of an Answer, in the amount of $7,339.22 computed as follows: Amount claimed in Complaint $6,839.22 Interest from date of judgment at the contract interest rate of 6% per annum Attorney's fees $500.00 TOTAL $7,339.22 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. Willi~lfn % Molczan, Es,c~e PA I.D. #47437 ~ WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03283397 Plaintiff's 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: 409 2nd Street, Enola, PA 17025. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff VS. JULIE D. JONES Defendant TO: JULIE D. JONES 409 2ND STREET ENOLA, PA 17025 Civil Action No. 04-01080 IMPORTANT NOTICE 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEIN,~J3ERG & REIS CO., L.P.A. PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03283397 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff VS. Civil Action No. 04-01080 JULIE D JONES Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or J~dgment was entered against you on. (xx) Assumpsit Judgment in the amount of $7,339.22 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 Julie D Jones 409 2nd Street Enola, PA 17025 PROTHONOTARY VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940, The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan, E~quire../' PA I.D. #47437 WELTMAN, WEINBERG & REiS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03283397