HomeMy WebLinkAbout08-7306NAUMAN, 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. :NO. 730io Ci Vi 11? f V-.-
JUSTIN A. HENNEGHAN, : CIVIL ACTION -LAW
Defendant : 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 kina 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 pars 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`' Floor
P. O. Box 840
Harrisburg PA 17108-0840
Telephone: (717) 236-3010
Facsimile: (717) 234-1925
Counsel For: GMAC
Dated: December 11, 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. 01f
: 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.
8. 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
2
aforesaid 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.
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
Thirteen Thousand Six Hundred Forty and 78/100 Dollars ($13,640.78), plus late charges and unpaid
charges.
12. GMAC sent Defendant a Notice of Default by letter dated December 1, 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. The aforesaid Vehicle is presently in the control and custody of Justin A. Henneghan,
134 W. Penn Street, Carlisle, PA 17013.
16. Vehicles of this model and class have an average wholesale value of Nine Thousand
Three Hundred and 00/100 Dollars ($9,300.00).
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
1G1ZT51179617142019 or in the alternative, the market value of the car in the amount
of Nine Thousand Three Hundred and 00/100 Dollars ($9,300.00); 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
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 Two Thousand
One Hundred Seventeen and 53/100 Dollars ($2,117.53) 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 2% of the total amount of arrears, plus all other costs incurred in
connection therewith.
4
21. To date, Defendant owes GMAC the outstanding balance of Thirteen Thousand Six
Hundred Forty and 78/100 Dollars ($13,640.78), plus unpaid charges, 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 Thirteen Thousand Six Hundred Forty and 78/100 Dollars ($13,640.78),
plus a late fee equal to 2% of the total amount of arrears, unpaid charges in the
amount of Four Hundred Ninety-Nine and 34/100 Dollars ($499.34) 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
Weme 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: December 11, 2008
5
VERIFICATION
I, Sherrill Zarlengo, 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 belief.
A"G-4t.?
S ll Zarlengo
S perian Agent 4 GMAC
Date:
EXHIBIT "A"
RETAIL INSTALMENT SALE CONTRACT
GMAC FLEXIBLE FINANCE PLAN g2a 9/O//??+(`
Dealer Number Co." Buyer lard Co•Bmyer)-Name and address (raduda counfy end coq code) Creditor (ssnsr name and addrw) waA
USTIN A HENNEGHAN SUTLIFF CHEVROLET CO. g7i
34 V PENN ST P.O. BOX 1307
ARLISLE, PA 17013 HARRISBURG, PA 17105 00
UMBER AN
You, au airier (and Co.Buyer, d any). ne youy 0e whets desubed below for cosh er on credit W m"v ass wrww, you dmn b buy to vshcs on pads
hide ate tVae^tttt on ale front and bask of Ws contract you Was to pay us. Me Crelkbr. the Amaod Financed and France Chirps according to she
payment sednafrM shown bakyw We corn hours ate Finance Charge on a daily b-s
used! Year Minor arid MOM yahcte Identification No Penury Uses for Which Puidased
1='" ` ? personal, tenay. or fhousd old Oapreulhdal
Vow trade naa Year sum
FEDERAL TRUTH-IN-LENDING DISCLOSURES Msurance. You may buy the physical dvmq
nwrace vas cawed regwas less bad) from
ANNUAL FINANCE Amount Total of Payments Total Sala Price anyone you choose who u aecelptsble to us You are
PERCENTAGE CNARGE Fkuinwtl The smart you The bW cat Of not required to buy arty odor assurance b older
RATE The dollar The ensunt of will hen pad after your purchass W pearl Your decuan b buy or not buy odor
The cal of your atreont do OWN provided to you have made all credit including insurance will not be a facbr in to peril approval
crodn a aysery crede wit oat you or on your pia your downporyment process
rate You behalf d#;?e?-u If any insurance is ducked below, policies or
9.90 % r III AS J&A)42 41& - Sic,, °2G entrants from the named insurance companies well
describe the tams and arddoru
Far Payment Schedule Will Be- below:
t
d sl
I
Number AnquM VAen Payments Ore an
oe
nsurance you wan
CMak the
of Payments of P A. Due FMowc Optional Credit Insurance.
i Macey bepmxo J,2? p CreditUfo- ? Buyer ? Co•Buyer
Term
Lau Change. N a payment is not received in kill within 10 days alter it is due. you col pay a We ? Credit Disability (Buyer Oily)
,Norge. It to vehicle is a heavy comwrclal motor vehicle. the serge will be 4% of air part 01 no
"
T
of the pal of the, payment has d
phyrwnt ace a tete Oterwie, the charge will be 2%par parties. o
tae, kpured bead w a fun akndar mate br any fart of a money the is more than 10 days Pre hem
Prepayment. N you pay oft as your debt opal, you coal not two to pay a penally Credit Life S ??
Security IntwoL You are giving a sewny interest in the vehicle being purchased
nformation including nfamaeon about
f Credit Duai s --
or more i
Additional Infurmatlon: Sae this contract
nonpayment. dewA, any required repayment ,n lull before the sced,Aad dale, and security interest (insurance )
(tome Once Alldfts)
ITEMIZATION OF AMOUNT FINANCED
Crest Me vnsaence and crecat disability rmaarca
t Cash pod (n0tut"'" any exeeaet cemv,cea and teas) Ib
qqQ Q 1f) air ml ragarea b ahMn pe61 Your deaMOrt to
,
2 TOW downpawnam Iv naaasve mser -W and ire Ire 4H below) buy or not buy 0068 Me insurance and cretlt
disability insurance cod not be a lector in to pets
grace tied" i u r a -eYaN b/"B" S
Nib- approval prowess They call not be provided colas
e re aerie-n i « pan $
@B
ee-
" you sign ant agres to pay to extra coal Credit Me
.
(2)
S ,
. earn ( ndaanw pays tle unpaid pad of the amount
OOc00-
; (31
3 thy?yp balance Celt pee l1 moos 2) financed d you do. This resistance pays only the
ou would we if you pad as your payments
amount
1
4 Oyer charges including amounts pad to others on yow bohall (Seiler may y
on ire Credit deabldy insurance pays the
keep pan of those annum). scheduled payments duo wider an m- - wide
A Cost of optional credit ==me pad to the insurance you a0 clsabled This assurance does not carer
crnparly or companies any namnito in Yom payment or in the number of
The
Payments
o
Byte i N/A d the
m
.e companies bmtl fo
Disability $ N/A S WA coverage that credit life or credit -Mir, rwraoa
6 Oiler assurance paid to she insurance, company p -Wes Sao' :IM" Pokxw or carldcates for
Usesonde) $
{A coverage knits and other him and cordtvhs
C OMiOal fees pad b government apace S Olken Insurance.
D Government axe not included in ash once
?
E Govarnant Icerw ardfor regWnbon hie Type of bhsurarce Term
S 5I A5
F Government centnale of etle fees Premium S MIA
DO secenryinform recording S 27.50
G Other charges (Seller mat denefy who is pad and
describe (Imureea Company)
amn
URAL 060/0060000 S 990.00
(Haw Office Address)
LIWM L FEE s 60.00 I want Me mwanw decked above
to to s N/A X
to to, $
N/A
Buyer Signature Date
to fix $ N/A X
to for $ N/A Co4Wyer Sgnabre Doke
H Notyade-naWffb $ N/A
Told other pegs and amens pad to others on your bash r3.312. 75 (4)
a Amount erenced 13 .4) 113.8022 75 (s) ANY INSURANCE REFERRED TO IN THIS
a Financechaa %LIL 45 L CONTRACT DOES NOT INCLUDE COVERAGE
T TOW ot oawwma • yrw atenw f5 «ai 23.911-20 (67) FOR PERSONAL LIABILITY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
11 it You coo not move your cemr wwpwmv.w Vats ^'+r .'?? ry?..n...v. ^..^••`.
HOW THIS CONT CAN B lGE ?cyyrhracl wrens the errors agreement between you ant w refining to this Mlr&Ct Any Change to the
wntraol mu t a, p tl w ion m o td'charhgrs are binding
r By- Co•Buyer signs X
It shy part of 11 1 a not veld, at oinc, pads stay valid We may delay or ratan ban enforcing any of our right. ceder the contract "1110 A frump teem
For example. ova may exert the unto for makng some payments without extending tea site for rwkop ciders
You aupanze us to oblen information about you, or the vehicle you are buying. from to stake motor vehicle deparanet or other motor vehicle
auuwnbes
Bee bade lor other important eW-nt&
Do not sign this contract on a Sunday.
The Annual Percentage Rate may be nesgotlable with the Seller. The Seller may assign this contract and retain its right
to receive a part of the Flnance Charge.
Notice to Buyer.
Do not sign s Conti in blank. You are entitled to an exactcopy of the contract you sign. Keep
It to prot y ur 1 g ri is
f9eryer srpa D1f22/2006 Co•Buyatugmx Date
You agree ffl s of this contract. You confirm that before you signed this contract, we gave it
to you, and re f ir-AI22/2006 and review it. You confirm that you received a completely
N., Signs 'M filled-In py u Ig Co-Baya SysX Do"
Co-BiArm erd CilioNeWmi - A &bya e a person who a resporeble for paying to Bare debt An other owner is s arson whose name is on cow tiw to
ea. certrsct
the canals but does not cove to pay air deb The other comer agrees to the soew,y nlereet in she vehicle b us in
One owner ngns here X Dale
caalp SUTLIFF CHEVROLET CO. 01422/2006 TALENT
seder esr0a de rmrret n air cortraa b ? GeneralMotors Ac opunce (GMAC) G ? Nted Grew Corporation.
under do terms of aril, epaanengq van asim,pws
Assigned win recourse Assigned r km roaexsI
SUTLIFF CHEVROLET AGENT
Satyr Ties sewn Tree
2109 FR•PA 3rMM (1) (For use in oe Slob of Pennsylverea) (1 of 4) Notice: Sao Other Sift
Copyright 2004 General Motors Acceptance Corporebon All Rights Reserved ORIGINAL
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
s. Haw we affil ftpure FWMM Charge. The Fauna Charge Is figured
an a dart' bais at tlu Annual Pementago Wbe an the shield pad of
the Amour Financed
b. How we wag apply Payments. We Waft apply each Payment test to the
erod and ulpr d pad at the Finance Burgs. and am to the upad
pan of on Amount Financed.
o. How lobe psyrmenta or early payments change whet you meet pay.
We based to Fiance Charge. Tour of Payments. and Tour Sale
Pan shorn on tlw from on the ass rnptim Bell you we make every
parsent maw ay it ts due You Frwwe Gags, Taal of Payments.
end Tour SW Price me be more it you pay Nate and haw d you pay
salty. Changes may take an lain at a larger or peaks hael payment
or, at our opion, more or Isar payments of the lama amoud ore your
whodtled payment who a smaller final Payment We will sand you a
now tang you abed than, changes before Ithis final scheduled
pay"m is clue
2. YOUR OTHER PROMISES TO US
a. If the vehicle Is damaged, destroyed, or losing. Y-gres I. pay
us as you owe under this contract even if am vehicle is damaged,
destroyed. or mssng
b. Using the whkla. You agree not to remove the vehicle nom the U S
a Ceara. or to sell. rem, tease. or "War any adarma in the vehicle
or eve mnuecl without our wnSen p wm son You Was not to eapwa
the volatile to misuse, 9arwia. ConieGlen. Of Involuntary transfer It
we pay any raparr taA, enrage bias, taxes, hoes. or charges an the
vehicle. you area to repay it* amount when in ask for it
C. Security Interest. You give us a security liffeirest in
1. The vehicle and all pre or gdods installed in it,
2. NI money or goods received Waceea) fir the vehicle:
3 AN mn,rence. maintenance. service. or other oonhacu we finance
for you and
4 AN pmocea . from suurarca, mee osence, service, or other
eoraas we prance for you TM satuudes any refund. at
premuns a changes, horn tw, mwaas
This soeures payment of W you we on evs comaei It also Saturn
you of er.spreemamis in this convect, Ym will make auto the Site
an" der security interest (an) in am vows
d. Imuranea you moat haw n the which. You agree n have physical
damage deurana Covering tan or damage n ale "hate for Bar farm
of he Contact The eeaallta real ewer our Merest in the vehicle. A
you a not hive this nwruce. we may, if we deeds. cry physical
damage MKMW e a we dews to buy phyereal image Insurance , we
may buy nuaance that coven your intermit one our interest n to
vehicle It we lay this insurance, we will bell you as arge you next
pay To rtatrpa veal ba she pnmun bar Ule muuduca end a?lurar?¢
Chugs Sit M highest req to dew pent.
It the vNwW is bet or damaged. you agree aW,wa'may;use any
seruraree settlement to reduce what you own o. repair the vehicle
e. Whet happens to returned insUf8me, ImMt a a, service, or
O#wr contract Charges. It we get a Mond of auarce.'mibtene co,
service, a other cmlrect charges, you agree that in may subtract the
mhed from what you owe
3. YOU MAY PREPAY
You may prepay es or pen Of M urlperd part of tlw Amount 9awnr:ed at
any base without penally 't you a so, you must pay.to' serried and
unpaid pert of an Finance Charge and all odor amounts due up to are
del. at your payment.
4. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may cam late charges. You will pay a Into large on each late
payment as sown on to from Acceptance of a Late payment or late
aorta does not axarea your hale payment or mean dark you may keep
mailing We payments If you pay late, we may also take the steps
described babes
b. You may have to pay all you owe at once. II you beak your
promises (defaudI, we may anard that you pay aft you own on this
contract atoms DoWO nouns,
1 Youanolpayrypaplweanbme,
2 You sta t a processing in bar"plcy or one a Bladed agaeW you
or your property. or
3 You break any agreements in on coeacl
The amount you who dew we be the unped part of the Mount
Financed pia to reamed and unpaid part of an Finance Gage, my
hat magus, and ay smbums due because you defaulted
c. You may have to pay Collection costa. II you defwft and we have to
go to mum to recover this "hide, you wa Pay the reaeaaW afe will's
feet and caul eats. as to few Panama. You we MDO pay ay
attorney's lees and Court mire a coud awema art
d. We may total ate veld chi, from you. If you dslarat, we may take
(repossess) an while from you t we do so pudefiwy and the haw
etbws it If yaw vehicle has at electronic backing awn, you epee
that we may use to device to find ante vehicle 11 ws here No vehicle.
any Sometimes. equpmen4 and replacement parts will ally with the
vehicle. It any personal Items are near vehkk, we may alas than fir
you at your expanse. if you de not ask for than dems beck. we My
depose of dam"that taw BOOM.
e. How you Carl go the vehicle back If we take th It we repossess the
vehicle. you nay get d Deck by paying the unpaid pad of the Amount
Financed plus the lamed and unpW pan of the Fiance Charlie. any
late ouron. and any other ammCUr" due benues you ddwkW
(redeem) Your right to redeem nor when in re the vehicle. We wit
tag you how touch to pay to redeem
It we repossess; to vehicle, we may, at out opton, allow you to get the
vet.cle back before we sea It by paying all par due payments Set ! Into
creson (reretak) We w.1110 you it you may reinstate and how much
to pay it you may
11 you were in delaull la more than 15 days when we moon the vehicle,
ale amount you must pay to radeemh or me oars wall atso ahclude the
expenses of fafdi g the white, holding A. and pmpwg ht for sale
f., We will no the vehicle K you de nut get it back. It you de net
redeem, we will all ate which We wall Sand you a written notice a(
Sale before setting to vends
W q will apply the many Iran the site, tau allowed expenses, bore
amount you our Allowed expenses are expenses we pay as a direct
result of Wdrg the vehicle. holding A preparing it fir sW, and an" it,
as the taw lbws. Reasonable anomey leas and cad cats the law
perils are him allowed expenses n any money is left (wxplut). we
wet pay it to you. It money from the a" a not enough to pay she
amount you owe, you must pry the rho to us. It you a not pay W.
amount when we Sell wo may charge you interest at the highest lawful
rate until you pay
g. What in may a about opdonal Insurance, matntrnnee, servka,
or other contracts. This aadrxl my Contain Charon for OPWO
summuce, mramanrrm, sewn, a war mnaaaa t we repossess
the "hide, we may cities beeahis under theca Corneae and canal
them to Obtain mi ads of rnaamed charges to reduce what ym our or
repair the vehicle b the vehicle s a total Iron, because it is Coralec919d,
damaged, or Sailer, we may den bereft mar ante common, And
camel trim b Clean refunds of untamed charges to reduce what you
owe
h. Summary, notln regarding prepayment and ralmtatement you
may prepay all or part of gar snbu l you owe under Ws contact at any
our without ponaey If you a so. you any have to pay to ended and
unpad pin of this France Charge and ON other amanw due up b to
date of your payment If you default add we repossess am vehicle. ma
may. al our option, allow you to got as vehaie back before we sell it by
paying ell paw due payments. IBM merges, and expenses
S. W411"JITIES SELLER DISCLAIMS
Tae baownp Paragraph does not affect any waawes covrldhy the
v*vde tad ant vol da rrwMlaebrer may provide The toaawing
parepaph also does 0 apply r ore it you bought the V*NCM W~Y for
persaal, army, aththashofd use
!Unless We Seiler makes a written warranty, or entere Into a service
contract within 90 days from the date of this contract. the Sailor
makes no wadndes, express a Import. an the vehicle, and Ihare
will be no Implied warranties of mrob nMWIHy a of Names for a
pard ulr purpose.
fi. Used Car Buyers Guide. The information you wa on few window form
fir this whkk is pan of this contract. Inforaueorh on the window
form ovrndes any contrary provisions In the contract of sale
Spanish Traeslatbn:
Ggla pan comgWores a whleuka uaadaa. La infomtad6n clue w
Sm at fomhWdo a In vwitanMa pia aura "Irlauk forma parts del
presents caveats. La Inlonnacttn del Marmalade a is wntanVA dap
sin efeoto led. dispeskidn an contrado comtamds an at consists a
venw.
T. APPLICABLE LAW
... Federal law and Parxgylvaraa law apply to an confect
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.
COX
8X 014
EXHIBIT "B"
s CERTIFICATE OF TITLE FOR A VEHICLE
,649
062363400011583-0031
16LZT51F96Fb42019
VbICLE IEMIFICATION NUNSER
SDN l 13
BODYTYPE DUP SEAT CAP
8/24/06 # 8/24/06
DATE PA TITLED DATE OF ISSUE
2DO6 ! CHEVROLET - 1 63649690701 HE
YEAR MAKE OF VEHICLE TIRE NUAlER
8/24/061 0003911 0
PRIORI Tr" STATE COW M40M DATE OODM MILES ODOM STATUS
UNLADEN WEaff I QVWR I OCWR TTNt wwm
,n . •?et E.r AA}T,I?+e S
RSMWMRED OWNERS) ) N J1 ?i ` I
t ?ots+ri?!P•??aa+?n <4
sell
JUST-IN A HENNEGHA
134 Y PENN ST 'r
CARLISLE PA 17013
I
POW LIEN FAVOR OF
6"A C
FIRST LEN RELEASED '
DATE
SY
AURIORIg.D REPRESENTATIVE
1EAILS4 ADDRESS
SECOND LIEN FAVOR OF
ODOMETER sTATLAT
0. ACTUAL M JLAW
. Mh,EAOE t XOCETS THE NECHAICAL
%am
7. NOT TIE ACiWL WIL AGE
3. NOT THE ACTUAL WWAA0E4MO TER
TAMPERMI VERIFIED
4. VWB r PROM ODMISTER DIECLOMIIE
TITLE ERNRk
A • ANTIxIE YEIILLE
C . OLASW VEHICLE
D . OOLLSC?EE.E VEISC?E
F . OUT OP COUNrIW
0 . ORIGINALLY NFOD FOR NON U S
DWTRIMION
H . AdaOULTLS1AL VI I=
L . L0004 V{9000I
P . NAmms A POLICE VEHICLE
R . I?.OTeTFA1CrH1
t - l7mm ROD
T . rwDOYE® THM VEHICLE
v . VENICIE COMM** R1,19IR T) VIN
W . FLOOD VEHICLE
X . OWA9 A TARO
I • womld YINIONIr b Mood Tim wtWWOn Of Tn i,M YHA, to sIY
.. . 1-u ff m IOn,w Ow Title to Ew awwY d Mom VshOw wIM to
oiPmpms Imm Ina t"
SECOND LIEN RELEASED
DATE
GY
AUTNOPM REPRESENTATIVE
GMAC
PO BOX 8140
COCKEYSVILLE MD 21030
L ER
• r M* w of ft am of "m m. mew TtOmdA of an PtrIItYI•LtRI ow" ALLEN D BIEHL.
d TIfYI,MINIMIm mosm to tb pm"S? or = WN p IIIIOAI AbIIh ¦ No woo www
® d Ew tllt vtIMOY j saw*" at Tmompairim"
I AND SWORW N a wAwcmw _cow vm you mom is bW wW you woo ow we b
T • (On d@aM of am
No a OMw, gm bNrwAv OINwr) CHECK MERE OLfrowlEs. NIE NEE
wi be Spied Go 'Torj rat In Cmwnwf (OR due of am amm kaEGEI of
doese d DTFRSr gala b h wAw heirs or soms)
r.ONAnW OF PERSON TFRM OATH IST too ATE ? IF NO LEK CHECK cl
IST UEt*DLDER
STREET
CITY STATE ap
V
V
P
V
IF THIS IS AN ELT CHECK EIELE O FEIAIICIAL
H01M FO REWIRED III?TITUTTON NO
2ND LIEN DATE ? IF NO LIEU CHECK 13
TI.. u,Awy?. hNwry •.F•• .V.IeMI,^ h• f.N.L..b a TIN q M wMN l.4.W
W .W<I.NY dwr M b,b hw END LWNHOL.OER
STREET
asaN%I LIE or APFllr/ "oA AuTmo RED bamp
CRY STATE DP
F TIN *AN ELT CHECK HERE a ANANCNAL
G,WjURI OF OPI/PUDAW rnU OF AUTMORI ZO SIGMA NOTE 1tAUM? EfaiRMgN NO
7
EXHIBIT "C"
•
Attorne4ys A~t Laws
Please reply to
P. 0. Box 840 Guy P. Beneventano, Esquire
Harrisburg, PA 17108-0840 Guypbenny@nssh.com
December 1, 2008
Via Certified Mail No. 7006 2150 0002 5370 7269
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:
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 August, September, October and November 2008 payments in the amount
of $398.57, respectively, plus late charges in the amount of $23.91 and unpaid charges in the amount
of $499.34, for a total delinquency of $2,117.53.
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 $2,117.53 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 9 717.236.3010 • fax: 717.234.1925 - www.nssh.com
Justin 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: S. Zarlengo
P. O. Box 380901
Bloomington, MN 55438-0901
You may also call S. Zarlengo at GMAC at 1-800-540-6821 Ext. 4510.
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 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
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oo
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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. og - 13o1v Civil Tem
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
uy . eneventano, Esquire
reme 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: December 11, 2008
CZ)
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C-11 7
,: 4 C
-rte )
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-07306 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC
VS
HENNEGHAN JUSTIN A
KENNETH E GOSSERT , 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 0017:00 HOURS, on the 16th day of December-, 2008
at 134 W PENN STREET
CARLISLE, PA 17013 by handing to
PATRICIA HENNEGHAN MOTHER OF DEFENDANT
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 4.50
Affidavit .00
Surcharge 10.00 - 00
1 %", 32.5 0
Sworn and Subscibed to
before me this
of
So Answers:
. MTh as Kline
12/18/2008
NAUMAN SMITH SHISSLER HALL
By.
day
, 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, PA
V.
JUSTIN A. HENNEGHAN,
Defendant
: NO. 08-7306 Civil Term
: CIVIL ACTION -LAW
: ACTION IN REPLEVIN
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff, GMAC, and against Defendant, Justin A.
Henneghan, for failure to plead to the Complaint in this action within the required time. The
Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof.
Defendant was served with the Complaint on December 16, 2008, and an answer was due on or
before January 5, 2009.
Plaintiff provided Defendant with a written Notice of Intention to File Praecipe for Entry of
Default Judgment which I certify was mailed on January 6, 2009, by regular mail to the last known
address of Justin A. Henneghan, 134 W. Penn Street, Carlisle, PA 17013, which is at least ten (10)
days prior to the filing of this Praecipe.
Please enter judgment pursuant to Pa.R.C.P. 1037(b), 1071 and 1084 for possession of a 2006
Chevrolet Malibu, VIN 1G1ZT51F96F142019, and for $13,640.78, plus costs, for failure of the
Defendant, Justin A. Henneghan, to file an Answer to Plaintiff's Complaint within twenty (20) days
of service thereof.
NAUMAN, SMITH, SHISSLER & HALL, LLP
P. Beneventano, Esquire
Supreme Court I.D. No. 43107
200 N. 3'd Street, 18`h Floor
Dated:January 26, 2009
P. O. Box 840
Harrisburg PA 17108-0840
Telephone: (717) 236-3010
Facsimile: (717) 234-1925
Counsel For: GMAC
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JAN-30-?009 FRI 11;04 AM FAX NO. 10 P. 02
NAUMAN, SMITH, SHISSLER & HALL, LLP
Guy P. Beneventano, Esquire
Supreme Court I.D. No. 43107
200 N. 3rd Street, 18th Floor
P. O. Box 840
Harrisburg PA 17108-0840
Phone: (717) 236-3010
Fax: (717) 234-1925
Counsel For: GMAC
GMAC : IN TH
Plaintiff : CUMBI
V. : NO: 0
JUSTIN A. HENNEGHAN CIVIL
Defendant
TO: Justin A. Henneghan
DATE OF NOTICE: January 6, 2009
YOU ARE IN DEFAULT BECAUSE YOU HA
APPEARANCE PERSONALLY OR BY ATTORNEY
COURT YOUR DEFENSES OR OBJECTIONS TO THE
UNLESS YOU ACT WITHIN TEN (10) DAYS FRO
JUDGMENT MAY BE ENTERED AGAINST YOU WI'
LOSE YOUR PROPERTY OR OTHER IMPORTANT
NOTICE TO A LAWYER AT ONCE. IF YOU DO N
AFFORD ONE, GO TO OR TELEPHONE THE FOLLO'
YOU CAN GET LEGAL HELP:
Cumberland County Bar As
32 S. Bedford Stree
Carlisle, PA 17013
Telephone: (800) 990-5
NA
COURT OF COMMON PLEAS
.LAND COUNTY, PA
7306 Civil Term
.CTION AT LAW
['ICE
E FAILED TO ENTER A WRITTEN
ND FILE IN WRITING WITH THE
LAIMS SET FORTH AGAINST YOU.
THE DATE OF THIS NOTICE, A
TOUT A HEARING AND YOU MAY
GHTS. YOU SHOULD TAKE THIS
C HAVE A LAWYER OR CANNOT
ING OFFICE TO FIND OUT WHERE
)elation
08
, SMITH, SHISSLER AND HALL
Date:January 6, 2009
Y P eneventano, Esquire
r7reme Court 1D# 43107
200 Nord Third Street
P.O. Bork 840
Harrisbu? g, PA 17108-0840
Telepho? e: (717) 236-3010
Facsimfl : (717) 234-1925
Counsel for: GMAC
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
VS.
JUSTIN A. HENNEGHAN,
Defendant
: No. 08-7306 Civil Term
: ACTION IN REPLEVIN
NOTICE OF JUDGMENT
TO: JUSTIN A. HENNEGHAN
You are hereby notified that on N6I)n ( a9A , 2009, the following judgment
has been entered against you in the above captioned case:
Judgment in favor of Plaintiff, GMAC, and against Defendant, Justin A. Henneghan, as
follows: Possession of the 2006 Chevrolet Malibu bearing Vehicle Identification Number
1G1ZT51179617142019, and for judgment in the amount of $13,640.78, plus interest, late fees,
reasonable attorney fees, costs of collection, costs of repossession, costs of storage and all other
charges as provided in the contract or as provided by law, and increasing monthly.
Judgment was entered pursuant to Pa. R.C.P. 1047 for failure of Justin A. Henneghan to file
a response to GMAC's Complaint twenty (20) days of service thereof.
Yretflntj
I hereby certify that the proper person to receive this notice under Pa. R.C.P. 236 is:
Justin A. Henneghan
134 W. Penn Street
Carlisle, PA 17103
NAUMAN, SMITH, SHISSLER & HALL, LLP
P. Beneventano, Esquire
Zl' Counsel for GMAC
Dated: January 21, 2009
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
GMAC, : ( ) Confessed Judgment
(X) Other
File No. 08-7306 Civil Term
V. : Amount Due $13,640.78
Interest
JUSTIN A. HENNEGHAN, : Atty's Comm Reasonable attorneys' fees
qE) 31 W. QG & & Costs All Costs
Cw (: s It j PA 1.7013
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act
6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs, upon the following described property of the defendant.
2006 Chevrolet Malibu VIN 1G1ZT5lF96F142019
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County for debt, interest and costs,
as above, directing attachment against the above-named garnishee for the following property (if
real estate, supply six copies of the description; supply four copie(S of lengthy personalty list)
2006 Chevrolet Malibu VIN 1G1ZT51F96F142019
0 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of
the defendant(s) described in the attached exhibit.
Date 3 ' 2 3 ' g Signatur .
Print uy P. Beneventano, Esquire
Addres : P.O. Box 840
Harrisburg, PA 17101
Attorney for: Plaintiff
Telephone: (717) 236-3010
Supreme Court ID No.: 43107
JP&
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TIZZ? L -csaL`
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N008-7306 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GMAC Plaintiff (s)
From JUSTIN A. HENNEGHAN, 134 W. PENN STREET, CARLISLE, PA 17013
(1) You are directed to levy upon the property of the defendant (s)and to sell 2006 CHEVROLET
MALIBU, VIN 1G1ZT51F96F142019.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$13,640.78 L.L.$.50
Interest
Atty's Comm %REASONABLE ATTORNEYS' FEES Due Prothy $2.00
Atty Paid $165.50 Other Costs
Plaintiff Paid
Date: March 25, 2009
Cutfis R. Low on
(Seal) By:
Deputy
REQUESTING PARTY:
Name GUY P. BENEVANTANO, ESQUIRE
Address: P.O. BOX 840, HARRISBURG, PA 17101
Attorney for: PLAINTIFF
Telephone: 717-236-3010
Supreme Court ID No. 43107
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GMAC,
CIVIL DIVISION
V.
JUSTIN A. HENNEGHAN,
File No. 08-7306 Civil Term
Costs
Plaintiff Paid
Deft, Paid
: Due Proth/Clerk
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY OF SAID COURT:
(X) Issue Writ of Possession in the above captioned case and direct Sheriff to deliver possession of
the following property to Plaintiff. 2006 Chevrolet Malibu, VIN 1G1ZT511796F142019
to satisfy the costs against the defendant, direct Sheriff to levy upon the interest of the defendant
in the following property and to sell the same:
(X) Personal property as follows: 2006 Chevrolet Malibu, VIN 1 G 1 ZT51 F96F 142019
L) Real Estate as per the attached description
Date Signat e:
Pri uy . Beneventano, Esquire
Ad P.O. Box 840
Harrisburg, PA 17101
Attorney for: Plaintiff
Telephone: (717) 236-3010
Supreme Court ID No.: 43107
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA.
COUNTY OF CUMBERLAND:
TO THE SAID SHERIFF OF CUMBERLAND COUNTY
(1) To satisfy the judgment for possession in the above captioned case, you are directed to
deliver to the plaintiff(s) possession of the above described property.
(2) To satisfy the costs against the defendant, you are directed to levy upon any property
of the defendant and sell the defendant's interest therein.
Date_ V7 rothonot erk, C' it Division
COMS: 187.00 P0 Arn
A.00 huea By:
Deputy
r.1
?J
OF
?t
209.1
*aq • °° p 13
51 50 CogF
88.50
14.00
t4.O F,
34.00
$a•00 ISUec°
??-,? 3stt`1
? aa33st?
()ti ?-
R
Sheriffs Office of Cumberland County
R Thomas Kline rV of cumb,, Edward L Schorpp
Sheriff' Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE wF =>'eRIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/20/2009 02:55 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
April 20, 2009 at 1455 hours, he served a true copy of the within writ of possession, in the above entitled
action, upon the within named defendant, to wit: Justin A Henneghan by making known unto Pat
Henneghan, mother of defendant, at 134 W. Penn Street, Carlisle, Cumberland County, Pennsylvania
17013 its contents and at the same time handing to her personally the said true and correct copy of the
same.
04/21/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED.
SHERIFF COST: $76.42 K- ;g1..11,09 'J.-
April 21, 2009
,, p, y 3 nC.
SO ANSWERS,
/r
R THOMAS KLINE, SHER FF
B
aron R. Lan z
By virtue of this writ, on the 20th day of Aril , 2009 , I
caused the within named GMAC , to have possession of 2006 Chevrolet
Malibu, VIN 1G1ZT51F96F142019
Sworn and subscribed to before me this
Day of
So Answers,
Sheriff
1401
By L2
Sharon R. Lantz
.?, v-a Ce .
t? L y>G e
u ?2 vv -1 t(
FILED -C)i--.z,
OF THE
20G4 APR 21 Pil=l 3: 09
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, : File No. 08-7306 Civil Term
V. : Costs
: Plaintiff Paid
JUSTIN A. HENNEGHAN, : Deft. Paid
: Due Proth/Clerk
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY OF SAID COURT:
(X) Issue Writ of Possession in the above captioned case and direct Sheriff to deliver possession of
the following property to Plaintiff. 2006 Chevrolet Malibu: VIN 1GIZT5IF96FI42019
to satisfy the costs against the defendant, direct Sheriff to levy upon the interest of the defendant
in the following property and to sell the same:
(X) Personal property as follows: 2006 Chevrolet Malibu, VIN 1_GIZT51F96F142019
U Real Estate as per the attached description
Date 9
S ignat
Prim uy P. Beneventano. Esquire
P.O. Box 840
Ad
911,-6
Harrisbura, PA 17101
Attorney for: Plaintiff
Telephone: (717) 236-3010
Supreme Court ID No.: 43107
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
TO THE SAID SHERIFF OF CUMBERLAND COUNTY
(1) To satisfy the judgment for possession in the above captioned case, you are directed to
deliver to the plaintiff(s) possession of the above described property.
(2) To satisfy the costs against the defendant, you are directed to levy upon any property
of the defendant and sell the defendant's interest thA ' Date W 7 Pr t r , tvil Division
: 187.oo Po ATTY
2.00 1>Uea By:
Deputy
.,
'7? ?r I l; iJ'i? I' ?f
{:.?.? _. ?I.?