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Home My WebLink About08-4110D 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 V. GEORGE M. CORNWALL, Defendant . NO. P8' y) l : 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. 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (800) 990-9108 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. 3rd Street, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: July 2, 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. GEORGE M. CORNWALL, Defendant . NO. 0V - N') i b c-011 : 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, George M. Cornwall (hereinafter "Defendant") is an adult individual presently residing in Cumberland County at 10 Orange Street, Unit C, Mount Holly Springs, PA 17065. COUNTI REPLEVIN 3. On May 24, 2007, Defendant entered into a Contract with Bruce Chevrolet, Inc., Hillsboro, OR 97123 (hereafter "Seller") for the purchase of a 2007 Chevrolet Impala, bearing Vehicle Identification Number 2G1WU58R879336373 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Twenty-Five Thousand Five Hundred Forty-Seven and 76/100 Dollars ($25,547.76). 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 thirty-six (36) installment payments in an amount of Seven Hundred Nine and 66/100 Dollars ($709.66) each, commencing July 9, 2007, and payable on the same day of each successive month thereafter, for a total obligation of Twenty-Five Thousand Five Hundred Forty-Seven and 76/100 Dollars ($25,547.76). 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 May 24, 2007, for good and valuable consideration, the said Contract was assigned by Seller to GMAC who succeeded to the rights and interest of Seller. 8. GMAC, pursuant to the provisions of the Oregon Motor Vehicle Code, perfected its security interest in the Vehicle by properly notifying the Oregon Driver and Motor Vehicle Services to endorse upon the Certificate of Title for the aforesaid Vehicle a notice of its encumbrance upon 2 the aforementioned Vehicle and security interest therein. A copy of said Certificate of Title is marked Exhibit "B" and attached hereto. 9. Defendant has breached the said Contract in that Defendant failed to make the agreed- upon installment payments due. 10. Such defaults are continuing. 11. The present outstanding balance due GMAC from Defendant is in the amount of Twenty-One Thousand One Hundred Ninety-Eight and 80/100 Dollars ($21,198.80), plus late charges. 12. GMAC sent Defendant a Notice of Default by letter dated June 9, 2008. A true and correct copy of said Notice of Default is attached hereto as Exhibit "C" and incorporated herein by reference. 13. 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. 14. GMAC has made repeated demands that Defendant make the payments agreed upon, all to no avail. 15. Upon information and belief, the aforesaid Vehicle is presently in the control and custody of George M. Cornwall, 10 Orange Street, Unit C, Mount Holly Springs, PA 17065. 16. Vehicles of this model and class have an average wholesale value of Eighteen Thousand Four Hundred Fifty and 00/100 Dollars ($18,450.00). 3 WHEREFORE, GMAC prays that this Honorable Court enter judgment in favor of GMAC and against the Defendant for: a. Possession of the 2007 Chevrolet Impala bearing Vehicle Identification Number 2G1WU58R879336373 or in the alternative, the market value of the car in the amount of Eighteen Thousand Four Hundred Fifty and 00/100 Dollars ($18,450.00); 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 May 24, 2007. COUNTII BREACH OF CONTRACT 17. Paragraphs 1 through 16 above are incorporated herein by reference. 18. 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 Three Thousand Six Hundred Seventy and 85/100 Dollars ($3,670.85) at this time and increasing monthly. 19. 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. 20. Pursuant to the Contract, Defendant's default entitled GMAC to installments in arrears, a late fee equal to 5% of the total amount of arrears, plus all other costs incurred in connection therewith. 4 21. To date Defendant owes GMAC the outstanding balance sum of Twenty-One Thousand One Hundred Ninety-Eight and 80/100 Dollars ($21,198.80), plus late fees and costs. 22. 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 Twenty-One Thousand One Hundred Ninety-Eight and 80/100Dollars ($21,198.80), plus a late fee equal to 5% 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 Gu . 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: July 2, 2008 5 VERIFICATION I, Kathleen Fitzgerald, Semperian Agent for GMAC, being duly authorized to do so on behalf of GMAC, 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 Semperian Agent Date: & 0 0-?8' EXHIBIT "A" RETAIL INSTALLMENT SALE CONTRACT O F S [// GMAC FLEXIBLE FINANCE PLAN Ten Dealer NuMx Contract limber Buyer (arid Co-Bysr)-Nina and ad&on Pnchi s mmry and no coda) Gaeta (SOm name and address) ` u+ c GEORGE H CORNWALL BRUCE CHEVROLET INC z a'? 1897 BOLA RATAN DRIVE 1084 SW OAK ST -.1 r LAKE OSWEGO OR 97n44 un I canon no oTt?a S> Yo% to Byer land Ca•Buyar. a any). may buy to voted@ deseMad balbw far cash or on cracks By signing awe oonNnea, you choose littilsy Ia?Mrrpa on enW under the agreements on the kart NO beck at On miaeal you sense b Pay W. 0e Cracker, ft Arrant Fawtosd and 1: L_ to to psWmM MOtNdur t, - below. Yen woe bMn fe Fuwm Chess m a day bare •• o 1 Vern aar- eekrrr. eta law I FEDSRAL T RUTH4*UMDM DISCLOSURES ANNUAL PNANCE Amrant TOW Of Payment TOW Sob price PERCENTAGE CHMOE Finessed The amw you The frees ad a RATE The dollar TerreuNa wlhwopwddW yowptoOMm The opetd your J aapue are deAe $ O I to you how mob ON OWN. eNYW n oNdensysnly oNde wall cog youar myow paymaWss yea downgaNaat are you belles sclsdlMd dS annn 7A . Law Charge N a paynwe a ad N, nice Ntlin 10 days aha e N dus. you well per a talk Clsge 015% Of awe Par d M POP 0 OWs Isla Pnpsymn NyoupayoreaNyowdeMealy,yeswlnolhavetopayapwWly security M1b/Ml You are gwaq a sonny WANOM in the vehicle being purchased Additional tetornaae, : Son on contract W roam nWnubn sue' ' g nbcwon abou Iinuber d AroaN Of PaL Oft Whn Paprwrh AN Due 1 Ores Falows r f 1119.66 yb$Pm"07 09 20 7 nWMZATXM OF AMOUNT FINANCED 1 Cash prra(rrtWra any aaouedrM. srvlcess and costs) ?R-a-4n nn (1) - Z ToW dowroawnat - Is naeaaw ~ Ir and sas tore 4H below) G: sab4 It #14A -wren braves 114A - ea aadra s JtlA + cub s }090 24 .-War (dsed"ClIlATE S . 2000.90 f-3909ra : M 9 W40M bounce all ash Pees (t mesa 2) S e ar (3) 4 OMardagas neI I amens pad b oOeN m yam bdrw (Sava may keep pan d roses ahem) . A Cat a OpbaW crack sauace pad b the kaonsoca aoarpry«anrpareee .. we f f S A _ B.f)rwiNwatoe. prYdbfN eNUrana - f C allow lass pad bgaannusapauaes S - .. D.Obvamnm rags not included in cash ass S? ., E, oowrnnom bens as-0. nygleuaaon less - ' '. F dwaleee 5 0 G:Ofer drorg" (8dw roust donby who In paid ad describe pupae ) 5.0 ' - . !I 'A -?ITA MA $ Nfh-- ., ta D 14 n - - 7 H bade-naavdl ?? 5- ? , Total Other draws ad amrr pad bdNwa m Yo ur banns S 9 n A nn (4) s Amami brncsd p +41 SZccA 7 76 (fl insurance, You may buy the physical clarrose NwNWM On cdrtbad Npures (ace bat) from any" you done Who is 0«Alpb6b lo r. You am not regaled to buy any Other insurance ID I CgdrL Yaw ckeoeuan to buy a not bury o9w insurance eA nna be a factor in the crack approval procass. N any ataaance is dneekad below. pavan or cabhealn ban to rusead insurance corporate as dnabe ON Most and mndlY' Chock the Iroaace you went and Wells below: Options! Cradle Insurance. OCNckub: O Buyer OCoawr OBob 0 wade Dwebay lBye Orly) Prsnsm- Cram LrNS NA Crack Disability S --WfA-- N AAbnarneo Company) (hare Olkee Address 1 credt Me insurance, and crodd dwbcky neaacs. we not repored to dean as& your oscerd 10 buy or not buy cradit We insurance and .a" disability Messina vra W be a factor in to cracks ¦pp " pocaw. They will m be prvNcka I urn you a" and apse b pay as ado ad Gglaa, a . edrw pets only are mare you would are ul"+ you pad w yaor psyvaar on tan Craa drsabey, winsurance does not aver any increase. in -'rur pay 0 1 or in fM nuneW of paynWn .CBerage for c I Me awrarw and wells' chemistry atarrance a doe m Me OIIn des dab UOr'fua Ilia painnent unto a ano a term for the rwrarrce p shown below OMB Insurance. y ? O NOA- Typool YUwNance?.. "'Tam Prrnwn S _Ntor- ., II/A (??cssup?nY) (Nouns Oren Address) I vim fe ad rence CheeMad above e x Buyer Benuwn OVA x CAYBYya &#as- OWN ANY INSURANCE REFERRED TO IN THIS' CONTRACT DOES NOT INCLUDE COVERAGE FOR BODILY INJURY AND PROPERTY ... I I t umNnuc onwcu Iv vmcre. A NON TM CONTRACT CAN BE CHANilD. This comp corona the arms apnea 0 babwen you and us rofth b to o0alract Any change to to maf nNat)M In1?np rd witrW un 1 m1Ollagn we pa gg dft, Brysr?Bgn?xx 'z ???f Co Byer Sgmx a t p¦n dTr owesid N ? ? qp p awe N o pnk r nt emolWaglp sa o« rgno uda sa oaa¦a wNNa Ioarq rNNn. conlkrner paper an beak for cow knpsrlao aaraamrnts. NOTICE. Thhee killer kewn' b so and convect to l.4AL at NML N N ktyNYr¦ and your a¦NUW Aaa ewe rW a Nw aNNrM, w gtw¦wm oas¦rtWp aghor Wm¦ a M argael «peryrmea ettoud be ckaesd to awe Wye of awe emkad ¦1 ewe activists indicated iteavo NOTICE TO THE BUYER Do not sign this contract before you read It or H It contains any blank space, except that: (1 If delivery of the motor vehicle or mobUs home Is to be made to you after this contract Is signed, the serial number or or Identifying Information and the due date of the flat insishiment may be filled In at the time of delivery; and (Z) 11 the name of the financing a ncy is not known at the time the contact is executed, the name of the financing agency may be inserted In the correact on or about the date the name of the financing agency Is known. You are entitled to a copy of this contract You have the right to pay In advance the full amount due and H you do so you may save a portion of On finance charge. The Annual Percentage Rate may be nagotlable with the Selbi. The Seller may assign this contract and retain Its right to twelve a part of the finance charge. You agree to Ito terms of this contract. You confirm that before you signed this contract, we gave It to u, and you were free to take It and review it. You confirm that you received a completely filled-in copy when you sign It. INSTALLMENT SALE CONTRACT Byer sr m x ?L 2A/2007 Co•Buye sons x Onto Co Ovywa m?WOlher Owhece - A C04Ww w a paean who w reopmeOM kit pryrg ewe OnVe dot An omm owner o o peso whose r m m ow free to On vehicle but does not have to pay to dam The other ownr agrees to ewe socroy rtaeet in M vaiole own to w in on correct Oscar owner own fwd x Date Adihoom Crrenr 4r-u._..__ _ ILr- rWY Saber aerente as interest n Gas oarael kv43 Grwal Mood Aaapace Cwpdabm (GMACT?OAMAC Autome6ra Ern O Meson Crsca Carporabart, coder the Wms d sews agrNnwN(s) Wkfl eekenos Aaaprsd wan recourse Assigned rsarwas or war wria"reeatras L 4? swear B TM ICE CH _ Z10/ FR-OR 7!2004 (1 of 4) Notice Nee Other Sub Copyright 2000 General Moors Acceptance Corporation N Rights Rn~ ORIBOIAI OTHER IMPORTANT AGREEMENTS t. Fa1ANCa CHARGE AND PAYMENTS a. How we will figure Finance Charge. The Fnace Charlie is hplsad on a di sly eases at ge Mmal Pebaeaps Role on the eepad Pad d to Amoad Fiearaasd. b. Now we w it apply payments. We we apply each papmerel Sra to On earned and implied pan of rib Few= Clepe, OW Om b ge WOW pad of the Amami Fhenced. a NOW Ma Payaadf a early PftWAfda Ohaiga "0 yea norm PSY- We based ere Frlalnas Charye, Told of PWonnt,4 and T01211 800 Pon Mown on as kont on on asaeaodn do you will mom every payware an to day A M dus Yoe Fine= Chosen, TOW of Pop 0 end TOW Bab Pnea Will be am It you pay we and less d you pay any. Changes may 1010 der farm d a leper or we.. Gel payment or, at our apeon. mom or tovw Po"Ww of ge sae read n your seha ued pay an wan a snrda Bur ppneewe We wA "rid you a made 1aRnp you about now nunsaa balora the bed scheduled paymOM is dos. Z YOUR OTHER PROMISES TO US a. S the wMMe Is cheesed. destroyed, or MMOIO. YOU epee b pay us as you aura under the crNract evem N the vsh* w damaged. destroyed. or eleasnp. b. lleklg aw vMlale. Yn apes nat b reso e ge wards Yom ge U S or Canada. r b aA, are, lean. or 1ramWa cry release, n Im vehicle a gas Memo WAaut Our wwAn Faraanan You apse 0011 in *3MW 0. ramie b nlrellM, famxa, OaASeaan, a emmketany kaetsr. If "pay any raw b6, atamasa bAA Maas. line, a charges on ge vdv*, you epee b repay ge aleaat vim Mask for IL O. security In' Youpw us a vaaeay aYmafl st f The raladf atlas pares or goods erased mR 2.ANmateyorpads ra0aared(p csw for ge velacle; 3 AN anarance, maintenance, serves, or other conhacle ws Yams hor you. aW a. M prnose. from eso mmY, nakrrsinea, serves. or oler oonkaces we lkaaredf for you Tana achndea cry raluds of prase or depea from am contracts Tin wages pay r= d ate. you owe on On carNrOL a also seaaaf Yaw coma apesarwe In an cor eat You we mrs ass as Ma alaowe our asanty Newest (fian) in the d. WARNING. Unless you provide Us with evidence of the insurance coverage as reque ed by the contract. we may purchase insurance at your expense to pratact our interest. This insurance may, but need not, also protect your interest. If this collateral becomes damaged, the coverage we purchase may not W any Eliim you males or any claim made against you. You: may later cancel this coverage by pro w avldarrce that. you have obtained property coverage ehewdsre.' You are repsyponsible foy :the' ? of any insurance aadddded?to I cus. om?.'?U a ?cosl? dd de ed to ythis contract, the Annual Percemegg Rare shown on ft front of this contract will apply'to this added amount. The etheclwe date of coverage may be the data your prior coverage lapsed or the date you faded to provide proof of Coverage. The owerape we purchase' may be considerably more expsmYw tlMan trauxance you can obtain on your own and may not astisly any.,need for,.propedy damage coverage or any mandatory bisbility insurance requirements imposed by appl"ble law. N in vdrola a bat or damped, you apse dust sW may use ary tnsramn ffanmeeern to red" whet you rte or OW M wade a. Wirt happen b reYwllad Insurance, M%Wanw sarvios, or coed mamtract chases. ff we Sad a mhaad of insurance. neYAawee, service. or Oliver aafracl deigns, you apse get we "try ahead to refund hen wholyou owe A VOU MAY PREPAY You mew prepay r or pat of gut read pat of l he Amami Fewk;eo at b You may have to pay all you owe at arms. It you amek yon plona. (dMnaf, rw may do wad dw you pay aM you ewe on on caWant at once. Defer" meat t VaudonotpeyeypaNnwnMies; 2 You Mal I I I rooaakrq n earkmplty or one is maned ypatal you or your Frapady of & You Omsk ay agreamnns o Sea caaatl. Tye an ow you sad owe wd be dw unprd pan of ge Amree raenced pea ge aanw I rid nerd pad of ge France Charge. any we dergea. end any aerea due because you dMaAed c You may Mare 10 pay 0011tetbn 009M. S we hire an asks my we a not our sawed ampoys0 lo CaNaCI what you owe. you wa pay am atbRayf reatalara hw and dam deals. Y ge law asows. d. We ra0y tae le vMlOle Iranna you. 11 you deWrlL sus naay ale (rspofasea) Sw whoa kern you d Ws do an pmeshlly are the 10w asrea e M your velecb eW n f111 1 1 leaching device. you epee that va may use go dews to find ge did* It are aka ge vat . ay acnaaonY, oteen"ed. red rpesnane pre vM May weh the valede N rely paaaM eems we n ge via . we may sirs them far you ai your ampaes N you do net sea for Ifase sae beck, wa may dep0u of Sam as ge has aim s. Nor you can gM one vehicle bank 0 w lour R S we repossess ge valsoM. you may gay to got a bade Inseam) We will as you how mach b pay to redeem. Your epee b maser ends when we we the wade 1. We will gas the vehicle N you do nut gal It bank. If you do nod reason rw eel sae ge vshids. We We sad you a "ton nano of eels balers gases aw velecle Ws wA apply ge neoney ham ge We, len alawtl aspersion, b ge amount you awe ANormad arpaasa we expenses we pay m a dead m em d v e l a g Ie vela a aaaaO d. praparari a Ina nle, turd sallnp A Aubrey lees and carat cols ge law peanss re also saomed arpaeea M any moray ts bit (sumFle). we Will Pay It b YOU N nosy tram an ads to nol search b pay M amore you one. you mead pay See red to us N you dm not pay ale seesaw when we ask, we may doge you ream n age apes lerdut no used you pay. Si What we may do about optlarel aadraea, maintenance, sawks, or other contracts. Tin , may opinion dwpea for opOnel rwura .. ne seen e, servile, or Gum contracts a via responses one vatale. we "ay don bsnn - es, two CW*ub ad cancel -dram to abler reiar d u nom ed ahaarsaa b ataos who yQu o" r epee, M Miele a daMlale le a eWr lea bwwe dw oaeunW. damaged., or fan. M nay own' I laals udder ghee Oaelacls.amd caceldam b oMYa rebels of,, charges; to you .. OWL 0. WAIIRAKMS SELLER ONCLANgS - - The bN, poagamph don not lied ay wau0ndas co Bring hie vehicle ded ge vdvde mamAanknr nay IaeWds The hoamrep paapIII also does ad apply at aSe.ye vahele is a raw wade YOU bought game* for personal. latnay, ohpaNWM.use Ilnbea the Sear maker a wrlttso womanly. or seem Ina o a service eoremot w" ,W dope from ere dais of thb•oftaiie ,' the Sallie un.trea MO - rrelea. sepses or IanP6d, on On vahlale. Wkhp me wrr0 rare Iet you gat no ekpresi warrantless, and e Implied waramlea of mrehataMMy or Mom long particular purpose, a ass means gal you buy the vshlea•'AS W. Buying "AS fa'. means tlW you use as to oak of tle vahkle's qualify and performance. it ahio means that you lam the Eager. manufanwa, or dlaafoubr) must pay all Ora to serval or repel der vehtete N It ealeaM. in L Used Ca. Buyaf QuIde. The Information you san on der wisAm farm for 90 whlole In pat of this eonuant. Intervention on 1M wl form a aiyliM any annually pmwlelona ate ornrwat of sale. Spwdoh Traeledea: Gus par arnpradome der vehauas uuna. LA aforwadar ats w an d 'linen ulalla de g wasNanlaa Para sag vOAfoua Mama pats dal praatan10 eonlraa. Lain - ell dM frmulaa de a wnanaa dye as deeto bes tlleposleldn an cadrab nmealde on of oomraa de vane. any arm WAeut PWOW. 1110111 do an. YOU mW pay ge anted ad 7. APPLICABLE UMW uhpnd Pat of Was Farr Cope fed ON GOW amounts do p to to Fedema Law and Oregon lew apply b to mhtract doe of your payment. 4. IF YOU PAY LATE OR BREAK YOUR OTHER PROA 0. You may 0010 err ehagsa. You WA pay a lees saga on each We payee as Mcim on ge front. AceW cs of a Ian payanax or lsr nag. does me smbiaa visa we pefirmee or ten gut you may bap make hM paynWns N you pay Mo. sus may also Mo paw asps descripadbelow. 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" W"C"U" L r VCM AMU VAUM r VtMIULt StRVICE5 CERTIFIES THE PARTY IS LISTED AS OWNER OF THE - CON NUMBER DESCRIBED VEHICLE DOCUMENTS FILED WITH DMV SHOW THE VEHICLE IS SUBJECT TO THE OWNERSHIP INTERE TS SPE IF 9699466 S IED C PLATE NUMBER TITLE NUMBER PROCESS DATE SURVIVOR REFERENCF NUMBER 794DFM 0717925150 062801, N/fv YEAR MAKE STYLE MODEL _ VEHICLE IDENTIFICATION NUMBER EOUIPMENT NO 20J7 CHEV YD IMP 2151wt/58Ft879336373 OWNERJLESSEE ODOMETER READING ETER DATE 172 r 24/07 The Mle 'Brand printed below.mdioates the heavy, C O R h W A L L t G E O k G E .M A,C, K I E conditm or cRcurristences 4vie vows for witch this title has bear issued Plee?e tee back Of We for 1897 $ O C A RATAN DR ' more Inlomlabon LAKE QSwEGD L7F 97034 --- --- -"-"? II - NON`S _ - i LSE TM SECTION WHEN THE ONLY CHANGE 410 REMOVE A SECURITY IiTT(MT. FOR ANY OTHER _CHANGES, SEE INSTRI,0010gl; ON REYERSE,- It there is no change in owners as shown above' AND all seounty 11111111111111111ATURE I S NOT RELEASE INTEREST) DATE Interest holders have released interest one ngisbr!d ownarmuq sips and. daft hen. It not completing a separate application for Oft In addition, if your address has changed cross out the W address To release Interest In the vehicle, complete and wnf the new address and county of residence on the front of the reassignment on back of thtitle. the tMe Mall the tale and the fee to DMV 1905 Lana Ave NE Salem OR 97314 SECURITY INTEREST HOLDERILESSOR - GMAC PG a0X 8128 COCKEYSVILLE Mtn 21030 RE AND COUNTERSIGNATURE OF SECURITY INTEREST HOLDER OR LESSOR RELFASIN(, ALI INTFRFST DATE RE AND COUNTERSIGNATURE OF SECURITY INTEREST HOLDER OR LESSOR RFLEASING ALL INTEREST DATE SEE REVERSE OF TITLE FOR APPLICATION INSTRUCTIONS. i 73541D(507) 794UFM 2G1 wU58R87933b373 C717926150 C 4497 094 10 V1 T2 33 58 M1 P5 EO MI] 03 EXHIBIT "C" • Attorneys At L`'a . Please reply to P. 0. Box 840 Harrisburg, PA 17108-0840 June 9, 2008 Via Certified Mail No. 7005 0390 0002 90761548 and Regular Mail George M. Cornwall 10 Orange Street, Unit C Mount Holly Springs, PA 17065 In re: GMAC Account #085-9116-05346 2007 Chevrolet Impala Dear Mr. Cornwall: Guy P. Beneventano, Esquire Guwbenny@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 from 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 payment in the amount of $618.66, and the February, March, April and May 2008 payments in the amount of $709.66, respectively, plus late charges in the amount of $212.85, for a total delinquency of $3,670.15. 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 $3,670.15 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 9 200 North 3rd Street • Harrisburg, PA 17101 • 717.236.3010 • fax: 717.234.1925 • www.nssh.com George M. Cornwall 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: K. Fitzgerald P. O: Box 12699 Glendale, AZ 85318 You may also call K. Fitzgerald at GMAC at 1-800-540-6821 Ext. 4050. If you do not dispute the validity of the debt or 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 2007 Chevrolet Impala 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, uy P. Beneventano GPB/sm cc: GMAC C") ^a c= ES ?, V t RV, C rv 7 fi c x -1. (0?) 1-b 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. D!?-- q)ID V. GEORGE M. CORNWALL, Defendant : CIVIL ACTION - LAW : 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 . Beneven no, Esquire ?uporeme 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: July 2, 2008 t? l e?7 r C ?. 4` 23 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 Plaintiff V. GEORGE M. CORNWALL, Defendant : NO. 08-4110 : CIVIL ACTION -LAW : ACTION IN REPLEVIN PRAECIPE To the Prothonotary of Cumberland County: Please reinstate the Complaint in the above mentioned action. NAUMAN, SMITH, SHISSLER AND HALL B,Y'?Xlf >__? L . Beneventano, Esquire Z?RPreme Court ID #43107 200 North Third Street P.O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel for: GMAC Date: August 11, 2008 o `? p n N o Him ?o , W pit 'rr sv SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04110 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC VS CORNWALL GEORGE M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CORNWALL GEORGE M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , NOT FOUND , as to the within named DEFENDANT , CORNWALL GEORGE M 10 ORANGE STREET UNIT C MOUNT HOLLY SPRINGS, PA 17065 DESPITE NUMEROUS ATTEMPTS, THE PAPER EXPIRED BEFORE SERVICE WAS COMPLETED. PER NEIGHBOR, DEFENDANT WAS HOME ON SEVERAL OCCASIONS WHEN DEPUTIES WERE THERE. Sheriff's Cos ts: Docketing 18.00 Service 14.00 Affidavit ? fog .00 Surcharge ! py 10.00 Not Found 5.00 APPEARS TO BE AVOIDING SERVICE. So answer R. Thomas Kline Sheriff of Cumberland County NAUMAN SMITH SHISSLER HALL 08/08/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04110 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC VS CORNWALL GEORGE M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CORNWALL GEORGE M but was unable to locate Him in his bailiwick. He!therefore returns the the within named DEFENDANT CORNWALL __q ICI NOT FOUND , as to M 10 ORANGE STREET UNIT C MOUNT HOLLY SPRINGS, PA 17065 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVE DEFENDANT PRIOR TO EXPIRATION. Sheriff's Costs: Docketing 18.00 Service 18.00 Not Found 5.00 Surcharge 10.00 So ans R. Thomas Kline Sheriff of Cumberland County NAUMAN SMITH SHISSLER HALL 10/08/2008 .00 1 of o ? /0 r Q,., ? 51.00 Sworn and Subscribed to before me this day of A. D. David D. Buell (Prothonotary KirkS. Sohonage, ESQ Solicitor 1750 knee X Simpson Ist (Deputy Prothonotary Irene E. Worrow 2"d (Deputy Prothonotary Office of the Prothonotary Cumberland County, (Pennsylvania 08 -q116 CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite 100 0 Carizsfe, PA 17013 • (717 240-6195 0 Fa.? (717 240-6573