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Home My WebLink About04-2028IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION GENERAL MOTORS ACCEPTANCE CO. Plaintiff VS. GLENN L. HOCK 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#03440107 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION GENERAL MOTORS ACCEPTANCE CO. Plaintiff VS. GLENN L. HOCK Defendant Civil Action No. (~q --. 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 aI2er 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 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 0000. Plaintiff is a corporation having offices in 5700 Crooks Road Suite 301, Troy, MI 48098- 17007, Defendant is an adult individual residing at 413 Kauffman Street, Boiling Springs, PA 3. On or about February 16, 2001, Defendant duly executed a Retail Installment Sale Contract (hereinafter the "Contract") in favor of Plaintiff, 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 2000 Chevrolet S 10. 5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned from Forbes Chevrolet, Inc. to Plaintift: 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 orS 8,204.32 is due from Defendant as of April 13, 2004. 8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 9.25!% 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 $1,000.00. 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, Glenn L. Hock, individually, in the amount of $ 8,204.32 with continuing interest thereon at the Contract rate of 9.25% per annum from date of judgment, plus attorneys' fees of $1,000.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William-T. Molczan, Esqu/ige PA I.D. #47437 WELTMAN, WE1NBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03440107 Buyer(andCo-Buye0--NameandAddrbss(IncludeCountyandZipCode) GLENN L HOCK 413 KAUFFMAN STREET BOILING SPRINGS PA 17007 RETAIL INSTALMENT SALE CONTRACT Dealer Number ~761 Contract Number Seller (Creditor) Name and Address FORBES CHEVROLET, INC. 3400 HARTZDALE DRIVE CAMP HILL PA 17011 You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit. The cash price is shown below in the "Itemization of Amount Financed" as "Cash Price:' The credit price is shown below in the Federal Truth-In-Lending Disclosures as "Total Sale ~rice:' By signing this contract, you choose to buy the vehicle on credit under ihe agreements on the front and back of this contract. , "You" and "your" refer to you, the Buyer, and any Co-Buyer, "We", "Us" and "Our" refer to the Seller named above and to anyone to whom the Seller assigns this contract. Seller intends to assign this contract to General Motors Acceptance Corporation (GMAC). Deasription ef Vehicle. You agree to bull and we agree to sell the following vehicle: New or Used Year ! Make and Model Body Type Vehicle Identification NO. Use for Which Purchased CHEVROLET [~ I~ersonal [~ agricultural NEW 200 S10 P/U TRK tGCCS1954Y88BI955 ID business [~ If truck--Describe body and major items of equipment sold: FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payments RATE The dollar amount The amount of credit The amount you will have paid The cost of your credit as a the credit will cost provided to you or on after you have made all pay- yeady rate. you. your behalf, ments as scheduled. 9.25 5778.06 20311.08 26089. 14 % $ $ $ ,,. Your Payment Schedule Will Be: Number of Payments Amount of Payments 86 395, E9 When Payments Are Due ' Monthly beginning 0~'[~'~/01 Total Sale Price The total cost of your purchase on credit, including~3~r, d~/n- paym~:~,~f4~. 9~ is $ Or as Follows; Late Charge. If a payment is not paid in full within 10 days after it is due, you will pay a late charge. If the vehicle purchased is a heavy commercial motor vehicle, the charge will be 4% of the amount of the payment that is late. If the vehicle purchased is off-highway business or farm equipment, the charge will be 5% of the amount of the payment that is late. Otherwise, the charge will be 2% per month on the amount of the payment that is late, computed on the basis of a full calendar month for any fractional month period in excess of 10 days. Prepayment. if you pay off all your debt early you may be entitled to a refund of part of the finance charge. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See the other side of this contract for more information including information about nonpayment, default, any required repay- ment in full before the scheduled date, prepayment refunds and security interest. ITEMIZATION OF AMOUNT FINANCED I Cash Price (including any accessories, services, and taxes) 2 Total Downpayment = Net Tradeqn $ ~.60, 78 + Cash Downpayment $ + Other (Describet $ Your Trade-in is a 2'000 ~H~.v ROLE I CAVAL I ER Year Make Model 3 Unpaid Balance of Cash Price (1 minus 2) · N/A 4 Other Charges Including Amounts Paid to Others on Your Behalf (Seller may be keeping part of these amounts.): *A Cost of Required Physical Damage Insurance Paid to the Insurance Company Named in the Insurance Section, Below--Covering Damage to the Vehicle $ N/~I **B Cost of Optional Mechanical Repair Insurance Paid to the Insurance Company Named in the Insurance Section, Below--Covering Certain Mechanical Repairs $ N/A ***¢ Cost of Optional Credit Life and/or Accident and Health Insurance for the Term of this Contract Paid to the Insurance C~/l~ny or Companies Named in the Insurance Section, Below. Life $ Disability, Accident and Health $ N/A $ N/A D O"f;~ial Fees Paid to Government Agencies $ ;3, 18~0 E Taxes Not Included in Cash Price $ ~.~,10, I:l~ F Government License and/or Registration Fees (itemize) L [C $ l;:). I~11~ $ ~'~, ~b G Government Certificate of Title Fees $ ,"c~. :3~1 H Other Charges (Seller must identify who will receive payment and describe purpose) ,_. $ N/A 19980.00 (t) 260.78 (2) 19719.88 (3) ~pont Fi~ah~c&~- Un~id ~i'~hce ~ + 4) ~ ( ~ Financ(. Charge Additional Disclosures J 7' Time Balance-Total of Payments (5 + 6) Required by State Law~, 8 ~(~ertt Schedule~r~d6binstalme~tl~l~fl$ 3~5. ~Jeach, monthly beginning or Jf scheduled payments are irregular or uneven, $ ;//o. vJo (6) $ c;b~0~'~o ,t ~ (7) (Mo.) (Day) (Yr.) as indicated in the Federal Truthqn-Lending DisclosureS, above. ,Insuran~:e. If any insurance is checked be~ew, the policies or certificates issued by the Companies named will describe the terms and conditions. **Optional Mechanical Repair Insurance. We have shown the cost of this insurance in 4B of the Itemization of Amount Financed, above. N/R Insurance Company *Required Physical Damage Insurance. We require that you have physical damage insurance. You may obtain it from anyone you want who is acceptable to us. We have shown the cost of this insurance in 4A of the Itemization of Amount Financed, above. Insurance ~o~any Term: months ~ $ Deductible Collision and either: [] Full Co~]p/r,~hensive including Fire, Theft and Combined Additional Coverage [] $ Deductible Comprehensive including Fire, Theft and Combined Additional Coverage [] Fire, Theft and Combined Additional Coverage Term: [] 36 months or 36 (~00 miles, whichever occurs first Term: [] [] $25 Deductible [2 $5~Deductible ~ $ N/el Deductible Optional, if desired--[] Towing and Labor costs [] Rental Reimbursement [~ CB Radio Equipment **'Optional Credit Life and/or Accident and Health Insurance. We do not require you to have credit life insurance and credit accident and health insur- ance to obtain credit, We will not provide them unless you sign for them and agree to pay the additional cost. If you want this insurance, check the insurance desired and sign below. If you have chosen this insurance, the cost is shown in 4C of the Itemization of Amount Financed, above. Check the insurance desired: [] Life (Buyer [] Co-Buyer [3 Disability, Accident and Health (Buyer Only) (Name of Insurer-Life) (Name of Insurer-A & H) This policy will pay amounts due on this contract up to $ N/A (Home Office Address) (Home Office Address) APPROVAL: I DESIRE TO OBTAIN THE CREDIT LIFE AND/OR ACCIDENT AND HEALTH INSURANCE CHECKED ABOVE FOR THE PERSON/ PERSONS PROPOSED FOR INSURANCE. Buyer Signature Date Co-Buyer Signature Date ANY INSURANCE THIS CONTRACT DESCRIBES DOES NOT INCLUDE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. If you do net meet your contract obligations, you my lose your motor vehicle. See the other side of this contract for other important agreements, including your agreement to give us a security interest in insurance premiums and proceeds. FEB 16t h 2001 You signed this contract on (Do not date on Sunday) (Mo.) (Day) (Yr.) Notice to Buyer Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your leoal rights. ~uyer Signsk ,/~'/~-/~..~ Co-Buyer Signs , Co-BuyerS an~ Other Owners-A cc-buyer Js a person who is responsible for paying the entire debt. An other owner is a person whose name is on the ~t/e to the vehicle but does not have to pay the debt. The cc-buyer or other owner knows that we have a security interest in the vehicle and consents to the security Other owner signs here Address Title You acknowledge you received a true, correct and cb--mplete/X~c"YC~'~'copy ~of~'~-this contract from the seller when you signed this contract. Buyer Signs ~/~m/',~./1/-¢¢~--" Co-Buyer Signs ~ If Seller obtained this vehicle from General Motors Corporation (GM) on instalment credit terms, Seller assigns its interest in this contract to GM under the ! terms of the GM thstalment Sales Finance Plan--Terms of Substitution and Assignment agreement. Otherw.[s~elrer assigns its interest inJ~ contract ; to General Motors Acceptance Co~por~tion (GMAC) under the terms of the GMAC Retail Plan agreement. ~ ~5 .~'/' / ~, ~ i Aseigneq with recou~e ~eigned ~ithom r~§~ ~Imited recouree i _ _ Seller By Title ~r/ ~ t~y Title ~ Notice: See Other Side Z~ 09 PA J 2-98 (3) (For use in the State of Pennsylvania) (1 of 4) ~ OI;JGINAL VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unswom falsifications to authorities, that he/she is (TITLE) ~, c_ , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are tree and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR# 03337701 SHERIFF'S RETURN - REGULAR CASE NO: 2004-02028 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CO VS HOCK GLENN L CPL. KATHY CLARKE , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon HOCK GLENN L DEFENDANT , at 1045:00 HOURS, on the 10th day of May at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to GLENN L HOCK a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, the together with 2004 and ~t the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and me this Subscribed to before tt~ day of ~ ~o~ A.D. Prothonotar~ So Answers: R. Thomas Kline 05/¢0/2004 WELTMAN WEINBERG REIS By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CO., Plaintiff V$, GLENN L. HOCK, Defendant No. 04-2028 SUGGESTION OF BANKRUPTCY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES P. VALECKO, ESQ. PA ID 79596 WELTMAN, WEINBERG & REIS CO. L.P,A. 2718 KOPPERS BUILDING 436 7TM AVE. PITTSBURGH, PA. 15219 (412) 434-7955 WWR#03440107 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CO.. Plaintiff No, 04-2028 VS. GLENN L. HOCK, Defendant SUGGESTION OF BANKRUPTCY TO PROTHONOTARY: AND NOW comes Plaintiff, by counsel, Weltman, Weinberg & Reis, Co., L.P.A. to advise this Honorable Court that the above named Defendant, Glenn L. Hock, has filed a Chapter 7 Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania at Bankruptcy Case Number 04-03280, and accordingly, all proceedings in this Court are stayed pursuant to 11 U.S.C. ~ 362. WELTMAN, WEINBERG & REIS CO., L.P.A. Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff VS. GLEN L HOCK Defendant No. 04-2028 CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 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#03440107 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff VS. GLEN L HOCK Civil Action No. 04-2028 CIVIL Defendant PRAEcIPE TO SETTLE~E_~DIDIDIsCONTiNUE A__N~ EN~IT~OU.T TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. SWORN TO AND SUBSCRIBED bef°r,,~this - ~_._.. day WELTMAN, WEINBERG & REIS CO., L.P.A. ~2~7~18,,KdJppers Building (412) 4,/34-7955 -' - W73440107