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Home My WebLink About09-6334NAUMAN, 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. BRADLEY D. CASSELL, Defendant NO. OQ0';V;? CIVIL ACTION 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 HERE 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: (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas dem' andas 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 CONSEGM 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: (717) 249-3166 NAUMAN, SMITH, SHISSLER & HALL, 'LLP Guy P. Beneventano, Esquire Supreme Court I.D. No. 43107 200 N. 3d Street, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: September 22, 2009 NAUMAN, SMITH, SHISSLER & HALL, LLP Guy P. Beneventano, Esquire Supreme Court I.D. No. 43107 200 N. 3rd Street, 18th Floor Counsel For: GMAC P. O. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 GMAC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. - 4 3 3 Y etilz? ?- BRADLEY D. CASSELL, : CIVIL ACTION Defendant : ACTION IN REPLEVIN COMPLAINT AND NOW comes Plaintiff, GMAC, by its counsel, Nauman, Smith, Shissler & Ha11T 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, Bradley D. Cassell (hereinafter "Defendant") is an adult individual presently residing in Cumberland County at 5002 Greenwood Circle, Enola PA 17025. COUNTI 2007 CHEVROLET SILVERADO. VIN3IGCHK24K87E564447 3. On October 12, 2007, Defendant entered into a Contract with Frederick Chev?-Cad, Lebanon, PA 17042 (hereafter "Seller") for the purchase of a 2007 Chevrolet Silverado, bearing Vehicle Identification Number 1GCHK24K87E564447 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Forty-Five Thousand Two Hundred Twenty-Two and 66/100 Dollars ($45,222.66). 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-three (63) installment payments in an amount of Seven Hundred Seventeen and 82/100 Dollars ($717.82) each, commencing November 12, 2007, and payable on the same day of each successive month thereafter, for a total obligation of Forty-Five Thousand Two Hundred Twenty-Two and 66/100 Dollars ($45,222.66). 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 October 12, 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 Pennsylvania Motor Vehicle Code and the Pennsylvania Uniform Commercial Code, perfected its security interest in the Vehicle by properly notifying the Pennsylvania Bureau of Motor Vehicles to endorse upon the Certificate of Title for the aforesaid 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. 2 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-Six Thousand Two Hundred Fifty-Nine and 19/100 Dollars ($26,259.19), plus late charges. 12. GMAC sent Defendant a Notice of Default by letter dated September 10, 20p9. 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 Bradley D. Cassell, 5002 Greenwood Circle, Enola, PA 17025. 16. Vehicles of this model and class have an average wholesale value of Sixteen Thousand Two Hundred Seventy-Five and 00/100 Dollars ($16,275.00). WHEREFORE, GMAC prays that this Honorable Court enter judgment in favor of GMAC and against the Defendant for: 3 a. Possession of the 2007 Chevrolet Silverado bearing Vehicle Identification Number 1GCHK24K87E564447 or in the alternative, the market value of the car in the amount of Sixteen Thousand Two Hundred Seventy-Five and 00/100 Dollars ($16,275.00); 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 October 12, 2007. COUNT II - BREACH OF CONTRACT 2007 CHEVROLET SILVERADO. VIN3IGCHK24K87E564447 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 One Hundred Fifteen and 23/100 Dollars ($3,115.23) 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. 21. To date, Defendant owes GMAC the outstanding balance of Twenty-Six Thousand Two Hundred Fifty-Nine and 19/100 Dollars ($26,259.19), plus late fees and costs. 4 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-Six Thousand Two Hundred Fifty-Nine and 19/100 Dollars ($26,259.19), plus a late fee equal to 2% of the total amount of arrears and all other costs incurred in connection therewith; and b. Reasonable Attorney's fees and legal expenses incurred in connection with installments in arrears; and c. Any and all other relief which this court deems appropriate. COUNT III 2007 CHEVROLET SILVERADO, VIN # 1GCHK24K47E550660 23. Paragraphs 1 through 22 above are incorporated herein by reference. 24. On October 13, 2007, Defendant entered into a Contract with Frederick Chev-Cad, Lebanon, PA 17042 (hereafter "Seller") for the purchase of a 2007 Chevrolet Silverado, bearing Vehicle Identification Number 1GCHK24K47E550660 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Forty-Five Thousand Fifty-Eight and 23/100 Dollars ($45,058.23). A copy of the Contract is marked as Exhibit "D", attached hereto and its contents are incorporated herein by reference. 25. Defendant, pursuant to the aforesaid Contract, agreed, inter alia, to make sixty- three (63) installment payments in an amount of Seven Hundred Seventeen and 82/100 Dollars 5 ($717.82) each, commencing November 13, 2007 and payable on the same day of each successive month thereafter, for a total obligation of Forty-Five Thousand Fifty-Eight and 23/100 Dollars ($45,058.23). 26. Under the Contract the Defendant granted the Seller or its assignee a security interest in the Vehicle and its proceeds. 27. 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. 28. On or about October 13, 2007, for good and valuable consideration, the said Contract was assigned by Seller to GMAC who succeeded to the rights and interest of Seller. 29. GMAC, pursuant to the provisions of the Pennsylvania Motor Vehicle Code and the Pennsylvania Uniform Commercial Code, perfected its security interest in the Vehicle by properly notifying the Pennsylvania Bureau of Motor Vehicles to endorse upon the Certificate of Title for the aforesaid Vehicle a notice of its encumbrance upon the aforementioned Vehicle and security interest therein. A copy of said Certificate of Title is marked Exhibit "E" and attached hereto. 30. Defendant has breached the said Contract in that Defendant failed to make the agreed- upon installment payments due. 31. Such defaults are continuing. 6 32. The present outstanding balance due GMAC from Defendant is in the amount of Twenty- Six Thousand One Hundred Forty-Four and 61/100 Dollars ($26,144.61), plus late charges. 33. GMAC sent Defendant a Notice of Default by letter dated September 10, 2009. A true and correct copy of said Notice of Default is attached hereto as Exhibit "F" and incorporated herein by reference. 34. 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. 35. GMAC has made repeated demands that Defendant make the payments agreed upon, all to no avail. 36. The aforesaid Vehicle is presently in the control and custody of Bradley D. Cassell, 5002 Greenwood Circle, Enola, PA 17025. 37. Vehicles of this model and class have an average wholesale value of Sixteen Thousand Two Hundred Seventy-Five and 00/100 Dollars ($16,175.00). WHEREFORE, GMAC prays that this Honorable Court enter judgment in favor of GMAC and against the Defendant for: a. Possession of the 2007 Chevrolet Silverado bearing Vehicle Identification Number 1GCHK24K47E550660 or in the alternative, the market value of the car in the amount of Sixteen Thousand Two Hundred Seventy-Five and 00/100 Dollars ($16,175.00); 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 October 13, 2007. COUNT IV -BREACH OF CONTRACT 2007 CHEVROLET SILVERADO, VIN # 1GCHK24K47E550660 38. Paragraphs 1 through 37 above are incorporated herein by reference. 39. 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 One Hundred Three and 94/100 Dollars ($3,103.94) at this time and increasing monthly 40. 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. 41. 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. 42. To date, Defendant owes GMAC the outstanding balance of Twenty-Six Thousand One Hundred Forty-Four and 61/100Dollars ($26,144.61), plus late fees and costs. 43. 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-Six Thousand One Hundred Forty-Four and 61/100 Dollars ($26,144.61), plus a late fee equal to 2% of the total amount of arrears and all other costs incurred in connection therewith; and b. Reasonable Attorney's fees and legal expenses incurred in connection with installments in arrears; and c. Any and all other relief which this court deems appropriate. COUNT V 2007 CHEVROLET SILVERADO, VIN # 1GB TK34K17E589749 44. Paragraphs 1 through 43 above are incorporated herein by reference. 45. On January 16, 2008, Defendant entered into a Contract with Frederick Chevr-Cad, Lebanon, PA 17042 (hereafter "Seller") for the purchase of a 2007 Chevrolet Silverado, bearing Vehicle Identification Number 1GBJK34K17E589749 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Forty-Nine Thousand Six Hundred Ninety-One and 88/100 Dollars ($49,691.88). A copy of the Contract is marked as Exhibit "G", attached hereto and its contents are incorporated herein by reference. 46. Defendant, pursuant to the aforesaid Contract, agreed, inter alia, to make sixty-three (63) installment payments in an amount of Seven Hundred Eighty-Eight and 76/100 Dollars ($788.76) each, commencing February 16, 2008, and payable on the same day of each successive month thereafter, for a total obligation of Forty-Nine Thousand Six Hundred Ninety-One and 88/100 Dollars ($49,691.88). 47. Under the Contract the Defendant granted the Seller or its assignee a security interest in the Vehicle and its proceeds. 48. 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 equipmimt 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. 49. On or about January 16, 2008, for good and valuable consideration, the said Contract was assigned by Seller to GMAC who succeeded to the rights and interest of Seller 50. GMAC, pursuant to the provisions of the Pennsylvania Motor Vehicle Code and the Pennsylvania Uniform Commercial Code, perfected its security interest in the Vehicle by properly notifying the Pennsylvania Bureau of Motor Vehicles to endorse upon the Certificate of Title for the aforesaid Vehicle a notice of its encumbrance upon the aforementioned Vehicle and security interest therein. A copy of said Certificate of Title is marked Exhibit "H" and attached hereto. 51. Defendant has breached the said Contract in that Defendant failed to make the agreed- upon installment payments due. 52. Such defaults are continuing. 53. The present outstanding balance due GMAC from Defendant is in the amount of Twenty- Nine Thousand Nine Hundred Thirteen and 28/100 Dollars ($29,913.28), plus late charges. 54. GMAC sent Defendant a Notice of Default by letter dated September 10, 2009. A true and correct copy of said Notice of Default is attached hereto as Exhibit "I" and incorporated herein by reference. 55. 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. 56. GMAC has made repeated demands that Defendant make the payments agreed upon, all to no avail. 57. The aforesaid Vehicle is presently in the control and custody of Bradley D. Cassell; 5002 Greenwood Circle, Enola, PA 17025. 58. Vehicles of this model and class have an average wholesale value of Twelve Thousand Eight Hundred and 00/100 Dollars ($12,800.00). WHEREFORE, GMAC prays that this Honorable Court enter judgment in favor of GMAC and against the Defendant for: a. Possession of the 2007 Chevrolet Silverado bearing Vehicle Identification Number 1 GBJK34K17E589749 or in the alternative, the market value of the car in the amount of Twelve Thousand Eight Hundred and 00/100 Dollars ($12,800.00); 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 January 16, 2008. COUNT VI -BREACH OF CONTRACT 2007 CHEVROLET SILVERADO, VIN # 1GB TK34K17E589749 59. Paragraphs 1 through 58 above are incorporated herein by reference. 60. 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 Three Hundred Ninety-One and 59/100 Dollars ($3,391.59) at this time and increasing monthly. 61. 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. 62. 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. 63. To date, Defendant owes GMAC the outstanding balance of Twenty-Nine Thousand Nine Hundred Thirteen and 28/100Dollars ($29,913.28), plus late fees and costs. 64. 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-Nine Thousand Nine Hundred Thirteen and 28/100 Dollars ($29,913.28), plus a late fee equal to 2% of the total amount of arrears and all other costs incurred in connection therewith; and b. Reasonable Attorney's fees and legal expenses incurred in connection with installments in arrears; and c. Any and all other relief which this court deems appropriate. NAUMAN, SMITH, SHISSLER & HALLS LLP . Beneventano, Esquire 49upreme 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 Dated:September 22, 2009 Counsel For: GMAC VERIFICATION I, Kolee Thao, 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 belief. Kolee Thao Semperian Agent for GMAC Date: + I (' r r '?'O 1o EXHIBIT "A" • RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN Dearer Number 44181A Cmtrod NumberAx ?// Buyer (and Co Buyer)-Name and address (include comfy and zip Code! Creator (SRlsr mama and addres I BRADLEY D CASSELL FREDERICK CHEV-CAE ? gZr 1707 CARLISLE RD 1505 QUENTIN RD. uC 1 1 CAMP HILL PA 17011 CO- CUMBERLAND LEBANON PA 17042 You, tie Buyar (and Co Buyer, t any). may my sa vehids described below for cash a an credit. By aging that corn req. you cthoae b under the agraerrera on the from and bath of this comisici your agree to Pay US, the Ciaddor, the Amastl Fine cod and Fnape C argthe whChe a according to n. Payment Schedule shown below We will figure she Finance Charge on a daily bass New or Used Year Make said mom VNacle banaletlon No. mmary Use lOr Which Purehetied CNEVROLET' O psreo al, lamxy, or hbua~ OagnoutaW SIL I NEW 2007 CHEVROLET 1(:CHK24K87E564447 0 buan u O FEDERAL T RUT14a4LENDING DBCLOStIRES ANNUAL FINANCE I wmoant Tda ot Paymena Total Bate Prlee PERCENTAGE CNANOE Flnancsd 7the amanl you Tfa.1 cat of RATE The de6r The anncut d :== her yu Purdase cn The en a your "'am" tie crsat pmvste0 b ter ; rrediL rhdudirip credit as ayeady Creds rra cat you or on your Payments, as Yet downPaymen rate you bahaN, agsduled r e ARM _ RR 1 Your Pas-.. W..d..b Wai 4, 1 Number Amount d Pa is I Payments of When Payments A. Due Or u Folbws 63 is 717.8 Mwft begimng 11112/2007 Lat. Chrga. It a payment a not rapavad in full within 10 days after it is due, you will pay a late charge N ton vehlde a a heavy commanaed motor vehicle, to charge will be 4% of the pan of the payment that a let. =i rraa. tla deit M 2% par month at the pan Of to payment rat is lea. figured based on aedamder montW wh for airy panda mama dal s mile than 10 days Prepayment a you pay of an your OW early, you "I not have to pay a penally Security Ireereet You ere gmng a security interest in the vehicle Ming Pa nynesW Addaenal Information. See the contract fa mesa rdo nnabon aldimig information about nbnpaymad. dehk*L any required repayment in hen Mhra as scheduled after. and seeumy interest ITEMIZATION OF AMOUNT FINANCED 1 Cash price (incluar g any aaceasones, carie& and aXes) S 28900.0e(t) a Total f ~ *10r, and cite ken 4H bet.w Errata IRtla ah i blaster S _psyst . ad tra s-n S N/A ash s . at- (des m.) REBATE s ??5 3000: 2) 3 Unpaid balance of /ant price (1 minus 21 S 31 4 f>>her detges aleludrp am!rn1* Pad to others on your shall (Seen may keep pan d sass rrburle.I A Cost of opuotW Credit thassurigi, pied to Its, insurance company a canPa'se We a N/A DaabxW s M/AS N/A B Cthsr msuranca pad to ton Insurance company (deserael S N/A C Desna roes paid b govamanat egenaas s 16.08 D Gammrient tares not shcerded m cash rvXa s E Government serves andhor registration feet 4DT? 5.00 REG.1198.00 $ 198.08 F Govenenent corm"w at die lets area RagaivWF-s 27.50 G Other Charges (SOW must 00" who his pod and deacnM ourpoce ) b SELLER 8 FAMW RAMP-A/G14PP s 1287.00 to FREDERICK Cliffs NOTARY FEE S 4.w b FREDERICK CHbr DOC FEE S 55.00 to N/A bl N/A $ N/A to N/A for N/A S-Rjl? to NA NA H Net trade- .__a b N/A a-?? TOW other dlafeee rest amanita pea to others an your Mtge i?w R3e2.2w?3.?72??(4) B Amount financed 13 .4) $ e Finance theme $ 1??4 T Total of Payments • ems balance (5. se S eD«< • DD171 yea de not meet your COnbaftaal o"gxu a. Sea .- bon roe male eehble Ireims a you may buy the physical damage rerarax th cawacl requires (gee beck) from enyae Yo i CIA" who a soceptebe to is You are not rsqur d to buy any other i suarlea to obtain (real Y ur deasion to bury or not by ether Insurance Ads not be a lacarr in the credit approved IXOCea If any In urance is Checked below, ptalcres or CW4W&ter from the named Insurance GOmpaRas war dNCnbe 0 1 bung test Conditions Cheek ton mwranee you -1 and Sign baler.: Optional Cede h Insurance. O Croon t h O Buyer O Co-Owrw Tam_ N/A O Credit I Sta N A (Boyar Only) Tam_ Pralsam N/A Credit Ila S Cmdd •>,uway s IA n/^ (Insuruba Company) N/A (home Office Aildrass) Credit §10 issuance and credit dsabay nsureaca ba not IS fired b Obtain e,.M Yew d- b bay or re' bay areas xe insurance and glade dlsaasy X Row= wa not be a hector in this area appfwal g ccees They will not be provided unless you sign e It aaee to Pay ton eXba OW Crsa IPo insurance pays ton mpad pan at the ansXXK Maned if you des This trams nce pays only as amount yo woad we it YOU Pas all your peyn w" an ems Crack dae0aly ysaalXM pays sal SOM Md wyments dug under fles mNrsd tRtle you are d Abled Thus murance does not cover ay/ nine, st in your payment a in ow number of Pay-,. The peaces or Carescow. naared by M named nm 1ranNa compares may ft~ brae M -Overage I eft credit He a crest disability organ p'-ska, Sea as palm- a eralCates for Overage I nite and other swims and Omar rosurariae. (3 N/A N/A Type d ksurancs Tern Preiaum: N/A N/A (Inarrenae N/A Canpriy) (Home Off= Address) 1 want she h suame decked sows x Buyer SW .dime D.e X co4kw t-"tae Date ANY IN: JRANCE REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PEFSONAL LNIONJTY AND PROPERTY DAMAGE ;AUSED TO OTHERS. HOW THIS CONTRACT CAI D orhtiaci soon Sm babes eaerad mutt bar nerg +?Iwe as des ?s°n' °A You and us r eah9 b Inw convect Any cmangs b ton Buyer 9igrr X 1f-ri/\ Co rya a" X if any Pan of fits co aael is not vai d, aster parts stay valid we may delay or ashen from enlo'c" any of our ng re uMu INS contract without kaing them For eXanpla, War may amend"(me tans pay till as WMA ardsis ap ft tsna hen ms" fears You authaab us b obtain nlormekin about you, or the vehC10 you are btrywp, from as Rig motor vehicle deg lament or oOMr motor with isil apsMllon Yuaomaa See back fa other Important agraareariti Do not sign the earibaet on a Sunday The Annual Percentage Rate maw bo negot(able with the Setter. The Seller MAY assign MIS eonhact and retain his rlgM to recal" a part or Me Finance 4elalge I Notice to Buyer. Do not sign t is contractln bianlc, You are entitled to an exact copy of tt a contract you sign. Keep it to prof ur Iona h e.C\ / ? /-, n n o.,y...2,,,.. ? X Daft You agree to the terms ofit contract. You a aim that before you sign 3d this contract, we gave it to you, ancl?lEOU take it and re vipw?lYlYou confirm that you received a completely fulled-in eo?1? tMhen all nwt. / /7( I / Dam =127s and - rv a arim-YAD a res Offso0 Ifs encore I bI M other own r Is s Penon wales rams a an the ate to to Vehicle but does not have b peY tl1e her Owner agrees b sal security aerest n the vehicle gran s h this caaact Omar owner si fare X I Dag A kk m c..eiw,r car.,.. i ko; asegns inkerw(e aw oanescl q O GMAC O Nuvee Naecnal Auto Finance 13MAI AS O N-11 Crawl Company, the terms Of agreenevngs) with reargue 4369M O with recourse Asagned Ie2J with krated recourse FREDERICK CHEV- AD PIES Seer B Title Sager Milo ire uw n m. auee a rennrieyiraeel (1 or 41 nvolae: as" Oiher Bids cowmght 20M GMAC All Ripmts Mservee ORIGINAL OTHER IMPORTANT AGREEMENTS 1. FINALE CHARGE AM PAYMENTS a NOW w will figure Flnanea Charge. The Finance Charge b figured ? r daily Financed bases at the Annual Percentage Rata an the urprd pert of Amount b. Hoe w wM apply payments. We will apply each payment first b to earned and Unpaid pan of to Ftriddece Charge. and then to the unpasi part of the Amtxlnt Financed. c How ale Paymmft Of early Payments change what you must pay. We based are Francs Charge. Total of Payments, and Total SW Price NOW on ale 1roM on the assumpaon that you will make every payment On the day t is due Your Finance Charge. Tool of Payments, and TOtY SW Price we be more if you pay lira and less a you pay early Charges may tab the form of a larger or smaeor trial payment a. at ore opbn. more or fewer Payments of eve earn amain Y your scheduled payment with a smaller final payment We will spa you a notice harp YOU about hers Changes before the Mel Scheduled payment is due 2. YOUR OTHER PROMISES TO US a. If the vehicle is denaged, destroyed, r missing. You epee to pay us all you owe under ant contract a- it rte venvue a damaged, destroy , dor mmeeg. Is. Using the vehbe. You agree not to remove the vehicle from the u S or Canada, or to 80, red, yeas. or transfer any mange in the vehicle Or Om GmAm t Wa1bUt Our wnW POMMO ll You agle , not to exime SM VOkCIS 10 meuss. eetaee. Confsnken. or ovol ntary transfer If use pay any repair bite. storage bits. taxes. lines. or dartles on the vehicle. you agree to roll y the amount when we ask tar it C. Security Intr L You pea us a seamy adreat n 1. 7M ve - and Sal Pane at goods massed in it. 2 As money x goads rawwsd WOC"do) for the vehicle. 3. A0 HNUren:e, f11Y1te11BfICB. SW Ca, or other contacts we finance for yot4 and 4 AN proceeds from insurance, maintenance, service. or otter contracts we Irnatce for You This rlckides any refunds of PranRare or climpas from the contracts This secures payment of at you owe on Sea Contract It also secures sto ws other our security etn (ban) in mill vveriede Ove Comets You will make suns the Ina. d. Insurance you must lava on the shade You agree to have physical damage insurance covenp loss or damage to tea vatude lot She rpm Of tea edtf d The Insurance mum cove our anapest in the "Pad. if you do not have this aaarncs, we may, it we deader buy WIWA damage kaumnte It we Made o buy physical damage insurance. we may buy moursnoe Mot Cotim your nterest and our neest n the vehicle. It we bury into Insurance. we will leg you to charge you must Pay TM date will be Ss Premium lot the msurienee and a finance charge at the highest rate am few exi mats t the vahde m lost or damaged, you agree that we may use any Insurance ""cement to reduce what you owe or repair on vehicle s. What happens to rtRU- Insurance, meelntimande, service, or other contract Chrgsa If we gm a reed of Insurance. meraersnee. 9e1wC6. or aide contrail charges. you agree met wo may subtract the refund from what you owe ?. YOU MAY PREPAY You may Prepay ere or pan Of the hrhpad part d the Amant F.nwnced M MY time W M A penalty If you do so, you must pay the earned aid unpaid pan of to Finance Charlie and as other amoums due up b the daft of your payment e. IF YOU PAY LATE OR BREAK YOUR OTHER PROWSES You may ore tae charges. You wit pay a ere charge on each late payment as sloven on the front Acceptance of a late payment or lets charge dove not excuse your as payment or mean mat you may keep me" ate WyneMS it you pay late. we may aao slat an steps described 0010% You may have to pay all you ogre at once. It you !beak your promises (default), we may demand tell you pay all you owe on do contract at once Default mears 1 You do not pay any payment on Well, 2 you sal a procestarp in barstrapfoy or one is started against you or your Property. or 3 You break any agreements m On mntrec! The amount wan win owe wit be the unsaid part d the Amount Financed PRO ON awned and unpaid part of to Francs Charge. any ate Charges, and any amounts due because you deautted C. You may have to pay ooleetlon costs. It you delrilt and we have b gar to coon to recover the vehicle. you wall pay to reasonable auornW. toes and court tomb. as the law permit You we see, pap any attorneys fees and court costs a court awards us d. We may tale the vehicle from you. If you default, We may teks (repoatess) to "fit de horn you it we do so peaplWy rata the law allows It It your vehicle has an electronic traekap drace, you agree that we may use the dewce to find the vehicle 11 we Salta to veNcle, any accaesonas, pwpment. and reptao smant pans will stay with the "hCle If any personal name are in the vehicle, we may sore them for you at your expense If you dO not ask for the" Same back, we may Waposa of them as ow law allows a New you can gal the vehkla back If we bke IL It we repuesaea tea yehtcle. YOU may got it hack by paying the unpaid pad of the Amount Ftnancsd plus the aimed and unpaid pert of the France Charge. any late Charges, and any other amounts due because YOU rbf ~ (redeem) Your right to redeem ends when we set the vehicle We will tell you how much b pay to redeem It wa repoaseee the vehicle, we may, at our opaCn, albs you to get rte vahide baclc before we sag el by paying all Past due payments and Ise cMngN (rewWab) We MR ION You d you rely mnWete end heel Muth a Pay it you may If you were in dtMedt for more ten IS days when we took the vehicle. the amount you must pay to redeem or reinstate will abo include to expenses Of taking the vehicle, holding it and preparing t nor eat, I. We will spa the vehicle If you do not get It back it you do net redeem. we wxl eve ant vndhhde We we end you a wrMW FIGS" or see b.11C. seeing the vehhde We will apply the money Iron the seta. less allowed expenses, to tle anoint you owe Allowed edpenwes will, Oipensee we Pay as a direct exult d akrlg thevehicle, hoping K prepaolg t far sae. aW aeNnq a. as the law allows Reasorhebfe sawnsy fees and court hats to bear parfnft are also slowed expenses It any money is kit (surplus). we Will pay it to you. if money from the sale s not enough to pay sw amount You owe. you must pay the rest to w it you do not pay tee anuurt when we ask, we may Chrge you interim at tea highest IawM raw until you pay. t. Whin we mew do about optional Insunnse, maintenance, service, or other contracts. This CWWW may contain charges for optional ueaance, fmambnsince. some, or OVER, contraCb It we reposess the vehicle, we may dam bruehte under ease oontratb and canted them to obtain fek ds of unearned charges to reduce whet you owe or raper the vettde 11 the vetude is a bed loss because it a cordlacaled, damaged, o sWen, we may clern benefits under mass Coaatle and canal yam to obtain refunds of unframed Bargee to reduce what you owe h. Summary notice regarding prepayment and r4l"tabmemL You "Y Prepay as or part of the amount you owe under this ecnvaa at any time without psnsky If YOU M w, you any, have to pay the famed and unpad pan of to Finance Charge and no altar ano sra due up b the data of You Payment If You Claimed end we repossess to voted. we may, of Our Opuon, aowyou to get the vehicle back before we leg it by paying at Past due Payments. Imm Charges. and expe- a WARRANTIES SELLER DISCLAaS The 1000-9 paragraph does not atett any wrranbas Covenng sw vehicle that the volatile manufacturer nay provide. The following paragraph also doss not apply at all d you bought the vehicle peneny for personal, family, or household use Unlee8 the Seller makes a wrktsn warranty, or enters Into a eervese contract within tar days tram the dare of this contract, Vas Seller makes no wrraMlea, extent" or IMPI" on the vshlale. and tee WII the no implied wrrentaa of msrehanuoulty or of ntneae for a prti ulr Purpose. 6. U66d Cr Buyers GUIf16. The hdomlatron you as on the window frm far this vehicle, Is part of this contract. I.Nmaden on the window form -klaa any Contrary provislons M the contract of ore. Spaneh TransMUon: Gull era awnpradores to vehfeuea uaadoe. L. idormacidn que vo an at fomulade do In veManlla pare tae vehlause forma prta dal preeenb eenbete. Le Inferrnaelen de f-lade d? is vents-le. del. alm .feel. tod. dlapoeleiee en eonw d. eo.-M. M .1 cerhtreto d. vena. 7. APPLICABLE LAW Federal law anti PrrayNarsa law apply to ass contract NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. EXHIBIT "B" • • • y? i Qdp VF • r s? Y N 7 0 3 w V w L I 1 L,q CERTIFICATE OF TITLE FOR A VEHICLE ,58b 072470061003300-001 1GCHK24K8?ES64447 1 20071 CHEVROLET- 65343287401 CA VEM" IDENTIFICATION NT MMA TEAR ALINE OF VEMME TITLE NM18EA TK I 0 l 11/13/071 0000141 0 DOOv TYPE DVP 1 SEAT CAP PROs ITTL1 STATE ODOM PROCO DATE ODOM WES ODOK STATUS 11/13/07--j. _11/13/0'? I. S1502 41200 DATE PA TFTLED DATE OF ISSUE UNLADEN WErGHT GVWA GCV A TITLE BRANDS 60131STEAETI OWNERM , , -- BRADLEY D CASSELL "?kl 1707 CARLISLE RD f. ;.;:»f CAMP HILL PA 17011 171ST LEN FAVOR OF SEa01D LIEN FAVOR OF GMAC 000acirp S-Am 0. ACTUy M?EAOE '. r . MA,IADF ETCE.E9/ Tldi IIa1,,MIICAL Lrl.rr, r . r.Cr nE ACryy,E +rEAO[ E. NOT THE AGTAMt Waw000MIFM TAIl11rq V11llillm A. 41111!7AOI CKKI E MOMO OSM TMA N1MOf A . ANTKIIA VMEUE D . amilu "vmmw F OUT OFOaa11Rv 0 •OIMIMALV WW POR NOMU • ouTLE4uTION N w AMdf.lUllll Va11LT.! L . L0a9M10 EINOIE P .19A1Aa A POIIE! VdfCLE R . Racams"Kem f . WNW am T • IAA T11EPT VO1CLa w . PL000 VaMpf x .IWTMATANI 1 • road 1w6oMw b b.d Ww rldMf n of to too NbR 1r ad 1PnA"Ift VAM brord 16 TO b ft Owdsd d N. V10" 110 11f FMT LIEN RElEL8E0 ' apprlpW lam and be DATE SECOND LM MIMED AUTTIORREDD REpRESENTAM DATE MAalNO ADM88 2 5 32 30 AUnCMM AWFAMEMATTVE GMAC P 0 BOX 8140 COCKEYSVILLE MD 21030 T ow1,F r d 4u d1r d ar. M ewldlN r.olrlNP d w P«wEw1NS D1oflrAwf ALLEN D BIEHLER d trrpOrYfar rFflal tlW M prlpyy a mrpMry DEAN hNV1r b ar br1A arrr -AP 111 AND BFTORN 004M ME .d OAT r m, MW"r M OF POOH ADYPAPr1Ap1 OATH TM ..?rllNo M•Y1 .per. rwwb . Gwdbrr M Tr r 6 Woo d.rrA rw. ryw. r r. wwrn..r •r.rw rM •rrew wr rwn ww 11bMTaM OF ODAPPUCAUNIITIf Or AUnId1T® 411111NDI it a ao-plNOluaar am S,M yaw wou" k bw aad vm wd to 1" 10 be Ewa as •dort Ta wo WW ftm d eYrvr onnlP• (On dfa" of wo owvw, We gm To Npawla„ p amw) CHECK HERE M 09wolaa, ft 00 TAI ba hwAd m'Twom in CommW on dsM d one ownw, Vft" d daoMMW owner goal b NOW bawl or *1Lf1a) ,ST LEN DATE ? 1F NO UEN CHECK 0 18TUENNOLDER sTR6ET My STATE nP IP THIS W AN ELT CHECK HERE D PWANCAL NOM FIN PAOUWAD a1QRUT10N NO TND N4N DATE ? r• No L" CIECN 0 S7R?T OKTV &TATE ZIP FINANCIAL PWWTU"M NO + a ,as • • • • • • • • • • • • 1 EXHIBIT "C" A t t o.r.n.e..y s A L L a w n_ Please reply to P. 0. Box 840 Guy P. Beneventano, Esquire Harrisburg, PA 17108-0840 GuypbennvCa) nssh.com September 10, 2009 Via Certified Mail No. 7006 2150 0002 53712539 and Regular Mail Bradley D. Cassell .5002 Greenwood Circle Enola, PA 17025 In re: GMAC Account #020-9109-9114-75475 2007 Chevrolet Silverado Dear Mr. Cassell: 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 May., .June., July and August payments in tlne amount of .$717.82 respectively, plus late charges in the amount of $243.95, for a total delinquency of $3,115.23. Unless you dispute the validity of the debt described above within seven (7) days of the elate of this letter, we will assurne 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 $3,115.23 within seven (7) days of the date of this notice. ?lease 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 ofthe 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 797.236.3010 • fax; 717,234.1925 9 www.nssh.com Bradley D. Cassell Page 2 . If you fail to cure the default, GMAC will declare the entire amountyou 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. Tliao P. O. Box.380906 Bloomington, MN 55438-0901 You may also call Ms. Thao at GMAC at 1-866-447-6583 ext. 8843. 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 Silverado 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 EXHIBIT "D" RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN Deswr Number 441&1A Contract Number Buyer (anal Co-Buyer) - Name and address (include county and zip code) Creditor (Seller name and address) Insurance You may bury the Physical damage ,raurnce If is cawact Moulrw (see back) from ny- you t Iruaae who a 0=Optobts to us You era not W WW to buy ray Other enure nce to obtain credit You decisrn to buy of rial buy Other insurance w I not be a factor n the credd approval process II any IMU once is checked below. policies w certificates ft. the defiled insurance companies wig describe the arms and conditions Chock the hnurance you want and sign below: optional Gad" insurnnoe. Q Credit LIh ? Buyer O Co-Buyer Term_ 1/A ? Great Du losny (Buyer Only) Term-14/p Premium N/A Credit UI I S rCroW DI ability 6 N/A (Insurance Compaq) N/A (Horne Office Address) Cradn Me it wrance and coach disability insurance are not rail tied lo obtan crettt You decision b buy or not buy credit tie vuuranee antl credit disability ns"Ice will not be a hic or in the pads approval oaxess They will not be prowded unless you sign WWI agrae to pay the extra cost Credit Me mun nce I sys the unhpad pan at the amount financed it you do The neurance pays only to Omar t you would arse d you pad all your payments on ante Credit dubltity mwranea pays Me scheduled payrents due under ttw rxnuec Male you are ds ]bled The insurance toss not ewer any incest in your payment or on the number of payments I* policies or txnticatee issued by the named euu•ance Companies may taster limit to coverage th it credit Me or Credit diastakily, provides See the pckcres or carblicales for Coverage kn its and other terms and conditions BRADLEY D CASSELL FREDERICK CHEV-CAD 1707 CARLISLE RD 1305 OUENTIN RD. OCT 1 8 Z@®p CAMP HILL PA 17011 CO% CUMBERLAND LEBANON PA 17042 You, to super (and Co-Buyer, it arty), may buy Iho valscto described below for cash or on Cradll By 29mg site wmru 1. You dmw to buy the vehicle an credit under era agreements n the from and back of that contract You epee to pay us, the CroWtor, the Amount Fauna d and Fence Charge according b me payment soteaee ethown below We will Igure Me FIMnce Charge on, a daily extra FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINANCE Amount Total of Pay-M. Total Sale Price PERCENTAGE CHARGE Finenasd TM amount you The total coat or RATE The dollar The aneufe of will how pad after your Purchase on The treat of your amount the Credit Provrdatl to you have made as credit, indrXfin g crack! as a yearly Credit will Coat you or on your Payments as your downpaymonl role YOU behalf scheduled afS 7aaa-RBIs Your Payment Schedule Will Be: Number 'If ft ynanu Amount of Payments When Psymenu Are Due Or u FoNOwa S 7 15, all Monthly beg--V It/13/2987 Late Charge If a payment is not reserved in full within 10 days after it e due. you will pay a late charge If to vehicle me heavy containment] mauler vehicle, to charge will 1,8 4% of" panel the payment that as late. Otherwise, to charge will be 2% par month of the part of gin payment that is into, figured based on a hull calendar month for any part of a month that is more than 10 days Prepayment If you pay off at your debt early, you will not have to pay a penalty Security Intresl You are giving a security enterer in the vehicle bang purchased AMeatlonal Informetnon. See this cOnxaet for more Inlormean nckdi g nferlaeOn about nonpayment, OONWL any re0uhred repayment in full belore the scheduled date. and security Interest ITEMIZATION OF AMOUNT FINANCED I Cash (Trice (ncllaknlg any accessnes, Sam=. and taxes) S 2aaee. 08(1) 2 TOW downpaymerd a of negative enter 'W and we line 4H below) Gross trkktr S N/A -psyoff brsekr S N/A + net trade-. 6 N/A a cams N/A + Omer (WSwba) REBATE S 3800. 00 $ 3000. 00(2) 3 Unprd balance of cash price (1 minus 2) S 2wes. 69(3) 4 Other charges nchrdng amounts pad to omen on your behal (suffer may keep Part of on" amounts I A Cost of opthadl credit Insurance pad to to atsurar ce company or oompwes Life S N/ A Deoblkw S N/ Aft N/A e OUNr insurance pod to tie insurance company (describe) E N/A C OSwI Ices pad to gwommem agMaes S IA- as D Government taxes not Included to cash price $ E Government license andior registration tees 4D t T 1 TAX a 5.00 ttm A? S Isla as s F Gowmment cantilcats of we 40" Z ex peaenly external recording I G Other charges (Soft, matt alanMy who is pee dud rlescrbe purpose) ' 10 ss, - GR i FAftliff - r"e°° 6 t ail O01 to ningR1CIt Cuter NnTntry FFF S A tsR to rasocarm Cldtor DOC_F? S ss.all to N/ot for N/A S N/A lo N/D for N/A S N/A to N/A for N/A S N/A- * Nut trede-npavon lo N/A S N/A Tea of er dames and amamts bad to opens on ya m Whorl S 3217.72(4) 5 Amount manned(3. 41 S 2W17.72(5) 6 Fiance charge S 16040.31(6) 7 Total d Davin * - hone balance 16 . SI S 45058.23(7) Other Insurance. ? N/Q N/A Type of Insurance Term PromltmS N/A N/O (Insurance Company) N/A (Home Office Address) 1 wale t e Insurance chocked above x Buyer Sign nexe Dale x Co-Buyer S.pWUe DW ANY INSURANCE REFERRED TO Nl THIS CONTRACT.DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE ".AUSED TO OTHERS. .. y .................e. y..... -date", omnparr.rs, you may one your rare vemhe. I HOW THIS CONTRA CAN B E i6 cataract core:.ament beMaen you antl w r-'anp to tuft Contract Arty chwh0a to Me Contract meal be nn end -t w tiered B r Signs X sign X If any pen of this Contras a not vane, er pans stay vale) We may ck a ralran Irom nk m ng any d Our n1rus under this contract without losing them Fa example, we may extend tw tune alonD some payments without lunehang ale bare ter mMuntiothers You "Inome us to obtan informabonl about you, or the vaNCN yak an buying, from ale state mhotor vehicle tleplrllnenl or other motor vehicle registration authonbes See Wink ter other Important agreements. Do not sign this contract n a Sunday. The Annual Percentage Rate may be negotiable with rho Seller. The Seller may assign Chia contract and retain Its right to receive a part of the Finance Charge. Notice to Buyer. Do not sign this contr t i lank. You ar titled to an exact copy of the contract you sign. Keep it to protect ur I I g a. Buyer signs x 1 Buyer Signs X Date You agree to the term f this contract. You confirm that before you signed this contract, ova gave it to you, and you were to lee it and to wit. You confirm that you received a completely filled-in copy en y ne i yi3ii 22 err Slum X X Dots Co-Buyers and Olhar n • A Co• r o a poison who to . o ro debt M outer awn n a perm whose name e n 1ho see o the vehicle but dens rot have=to DaY M W The Other want agrees to to security interest 1n me vehicle given 1O us tins cawact other enter signs hors X Date Address , creditor 8 ns Oats x Title ¢r. Be", awls- M arbrwt in ere aararin" a XXD OMAC D Novell Naeonel Auto Pat- O ? N-11 Credit ConlhPaMI. u dl r the 141-18 d Sallee& agreamn(s) with asagree Assigned wmh recwrw ArSgned wd1xxA or with tsnded recaase FRE RICK CHEV-CA PRES Set. B Tits Seller B Title Z109 FR-PA 10/20!6 (For Use In Me State of Pennsylvarw) (1 d 4) Notice. Sea Other Side Copyrighht 2006 GMAC A9 Rights Reserved. ORIGINAL _n2LF.b:.:h CMEn CuL t t_°? i:h,cn ::Lis io„_ OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS w3L.Gi_ t 3r2 c. You may have to pay collection costs. If you default and we have to 90 10 COW 10 recover he vehicle, YOU will pay the reasonable attorney's less and court costs, as the law permits You will also pay any attorney's less and court costs a court swans us a. How ere will tgwe Finance Charge. The Fiance Charge is figured on a daily basis at be Annual Percentage Rate on the unpadfoad 91, SOC. Via Amaral Financed b. How we WIN apply payments. We will apply each payment hrst to the owned and unpaid pen of the Finance Charge, and than to the aped pan of am Amount Financed c. How late payments or early payments change what you mryt,Rqay, ;55_ We based the Fiance C:hm". Total of Payments. and Total Sde Price shown on he honk on the assumption that you will make every Payment on the day it a dull Your Finance Charge, Total of Paymama, and Total Sale Price will be more it you pay late and lane it you pay early Changes may take Me torn of a larger or smaller brief psyrnent or, at Our option, mote or fewer payments of the same amount as your WJWkAW Payment with a smatter find payment We will send you a notice telling you about these changes before the final scheduled payment is due 2. YOUR OTHER PROMISES TO US a. If the vehicle is damaged, destroyed, or missing. You agree to pay us all you Owe under five contract even it the vatvde is damaged, destroyed, a mining b. Using the vehicle. You agree not to remove the vehicle from the U S or Canada, or to sea, rani, lease, or transfer any interest in die vehicle or tlws caen ict without our written permission You agree not to expose the vehicle to mmuse, some, conlownon• or invokumary transfer If we pay any repair bilks, storage bias, taxes, fines, or charges an the vehicle, you agree to repay the amount when we ask for it c. Security Interest. You give us a security merest in 1 The velads and mil pars or goods Misled in it, 2 AN MOM or goods received (prooeeds)•lor the volude, 3 AN mannonce. maeaamirnce. service, or other contracts we finance for you. and „tb A\d ?. All pmt;eeda from insurance., mantenance. wince, or other coed tf[ we finance for you. TMs includes any reiunlds,'yf b prannxmi or charges horn the con Vacis This soon" payment of all you ows on fills contract it also seaass C Your OOOLadt4ol MAPtn bu codll9Ct YOLLwilh make ewe tflr 16ilii66 arrows °BfLe6MtP:Cftal Plan) nn BBYtWe tFi. A • CO d.InsuranceWksth aSaWtheSitllle.•Vdi•li'9re6to haval0& &iIiN damage assurance cove" km or damage to the vehicle for the term of this contract The eheilr ince must cover our informal in the vehicle It you do not Ihave,ahr.asnsaner, we may, if we decide. buy phy" J damage marahcra 11'1011 decide to buy phyancal damage maurandfi, cog may buy_ inararrA JIM awes your interest and our into v*W f we-buy this imurance. we will tell you the charge C. pay TM clhergs wig be er Premium for the uwurma? apt et9ntiooo _ charge at a» highest rate fir law permits C 31511 1 S-C It the vehicle Is bat or damaged. you agree that we may use t5W9 insurance settlement to reduce what you owe or roper he velade :+` b e. What happens to returned Insurance, mainte"Lwe, savloe, oar other contract charges. II we gal a rotund of msuynce. maintenance. since, or other conned charges, you spree suit we may subtreet the refund from what you owe 3. YOU MAY PREPAY You may papery all or Part Of the unpad part of the Amount Financed at any tun. wifiout ptlrhall cU you do so, you must pay ha..aaPhed C unpaid pan of he Fiance 4.Tlarge and all char amounts dLWdo to I' date of your psyment A D Ii 0. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may own ova charge. You we pay a fete charge on each late payment as aewwn on the hark Acceptance of a two payment or sit cMrge does not excuse your Late payment or mean Mat you may keep Malang fare payments If you pay late, we may also take the steps described below b. You may haw to pay all you owe at once. II you break your Promltaa (dBWQ. we may demand that you pay all you owe an this contract at once Dot" means 1 You do rot pay any payment an time, 2 You sari a promadi" in bankruptcy or one is stoned aga,rat you or your property, or 3 You break anyagreertsma. this contract The amount you wet owe will be the unpaid pan of the Amount Financad Plus tie m9eq and tripled part of the Fttfp late charges. and anyltmouns due because you delatl . . Fiba nbarhy it. We may take the vehicle from you. It you default, we may take (repossess) the vehicle from you d we do so Peacefully and the law allows it It you vehicle has an electronic traNung device, you agree that we may use the device to hind the vehicle If we take the vehcle, any accessen", equipment, and replacement pans will stay with the whoa a It any Personal gems are in the vehicle, cos may store tern for you at your expense If you do not ask for these items beck, we may dispose of them Se the taw allows a. How you can get the vehicle back If we take IL If we repossess the vehicle, you may got it back by payo g the unpaid part of the Arrant Financed plus the earned and unpaid part of the Finance Charge, any late cages, and any other amounts due because you defaulted (redeem) Your right to redeem ends when we soft the vehicle We will tell you how much to pay to redeem It w(I repossess she vehicle, we may, at our option, allow you to get the vehicle bock before We sae It by Paying all past due payments and late charges (resafes). We well 1011 you of you may reinstate and how much to pay d you may if you were in default for more Man 15 days when we took the vehicle, the amount you must pay to redeem or reuslate will also Include the expenses of taking the ve11101e. hodirlg it, and preparing it for sale I. We will sell the vehicle If you do not got If back. 11. you do not redeem. We wee sae the vehicle We will "rid you a written notice of 'eSa?dbahire selling the vehicle d • e e,vpl @P* the messy from he am. less allowed expenses, to the d amaatt,you owe Allowed expenses are expenses we pay as a direct 7 os'sdl dheka ig the velxde, hxkdsg it. preparing it for sob, and wing it. as the law allows Reasonable attorney lees and Wet costs Me few pemmls are also allowed experses It any crony is Nit (surpkn)• we will pay it to you If money from the sale a rat enough to pay the amount you owe. you mu I pay the hat to us 11 you do not pay this amount when we ask, we may charge You Interest at the highest awful has until you pay g. What we may do about optional insurance, maintenance, service, or other Contracts, This contract may contain charges for opeenai insurance, mantenartCe:t3arwcs• or otter oonbacls It we repossess the vehicle. we may clan baneeN under #mee contracts and cancel them to obtain rehads dM nswnod charges to reduce what you owe or repair the vehicle. If the vetude is a otNb¢s because it a confiscated, demsged, or sown, we may clam traelthl under Owe contracts and cancel item to obtain reMds of unearned charges to reduce whit 2't.e we A\b PICyou It. Summary notice regarding prepaymsf/t and reinstoten*nL You may prepay all or part of the amount you owe under this contract at any time without penalty It you do so. you ady have to pay the awned and unpaid pan of the Finance Ciharge. ad am other amounts due up to he date of your payment If you default and we repossess the vehicle, we may. at our option, stow you to oat t her vehicle back before we "I it by pati g all past due Payments, late dwigas, and expenses 5. WARRANTIES SELLER DISCLAIMS Th-Q61160% paragraph does not affect any warranties covarwg the vslh5V7 *Pj1 the vehicle ma udeckrer may provda The kok, wine Paragraph 0100 does 10 apply at Of It you bought the vehicle W many for Personal. family. or household use Unless the Sailer makes a written warranty, or enters Into a Service IiOjfrael• &,Nhln 90 days from the doe of this contract the Seller makes no waronme, express or Implied, on the vehlola• Mid tulle WPI be no Implied Warmnllea of merchantability or of Illness for a particular purpose. 6. Used Car Buyers Guide. The information you sas on the window form for this vehicle is part'of"this contract Information on tiro window form overrides any contrary provisions In the contract of sale. Spanish Translation: s C Gufa Para compradores de vahnautos ueadoo. La Inlormaoh in que ve on at formurrb de to ventahllow part, sale vehbuo forms parr dot pretend contras. La Informaortin del lormularlo de Is vemanllts little sin efocto lode disposicldn on pontrano conterilds an at control* do vens. APPLICABLE LAW Federal lee and Pennsylvania law apply to this contract r d•60 •.:•do•2 S641" .1, ^1,y20'S'' r.._?•°•• NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT 1$' ' !: tl€CT 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. Vr' . bi'u, ?;it.etl07 ^tvFnJ,1^Cy TCZ-,• Sri 0?E22oeE& rr' _ cbt:Ltb.Cr G. L'-CcC EXHIBIT "E" ?.• CERTIFICATE OF TITLE FOR A VEHICLE ,576 072970061003219-001- 1GCHK24K47E550660 2007 1--CHEVROLET - 1 65343b54601_CA VEH. W 10EMIFICATION NULLBER YEAR MALE Or VEHICLE TMI NUMSER T K 0+ - I -: I 11/13/07 000119 0 900Y TYPE CUP SEAT CAP PRIOR TITLE STATE ODOM PROCD GATE Otoa mus OOOM STATUS L1f13/0'7 11/13/07 5,504 1 = 9;2©0- I DATE PA TITLED DATE OF ISSUE UN AOEN WEIGHT OVwR 64wTI TITLE ORAN" RE(NUERED WwHER(S) BRADLEY D CASSELL'°" 1707 CARLISLE RD CAMP HILL PA 17011 FOIST UEN FAVOR OF GMAC SECOND UEN FAVOR OF ODWIIER 7T%TW 0. ACTUAL AfI.EAOI I. NLLAW C t LOI THE M R HANCAI UI*I' 2. "DT 4 ACTW1. Hny'JWE 7. Wr T7! AGTV& MA A094DOWTV01 TA1 POM 'MMlD 4.200907 FROM 00d/T2R OIEOLOEIBE Tm Mims A . ANTIM VINCI D , COLLICTOLE VYECLE F . (WTOF COMM O OFAWALLY~ FOR NONIIL DlEptrunoll H . AORLdLTUML VENCLE L . LOGUM V*l= P . NIwAE A FOLM VEHIM R . f . XfFWT ROD T . EIBODYow THBFT VlHl= V . 16ICLE COMA" fW2nAD vu w . FLOOD VE1foLE X . OIVTAE A TAX p a, " , Ifl, ,- M alm milm IrfflsfI of M 60 fwl fM *a IN WWN RAID Imm to TMf to III owmu a Mflw vod" *0 V* rM. UEN RELEASED ' f001G011f1f Wmww-IN DATE OY SECOND UEN RELEASED AWHORM REMMgWATWE DATE WAM ADDRESS BY 253230 At1THDRQEO ATTYE GMAC P 0 BOX 8140 COCKEYSVILLE MP 21030 1 WW of a 21f all. a *PW Of aI Lfaa a fu r.L.yR.r OfpfllAflf ALLEN D BIEHLER a 7mopwotm NfMd Oft fIf pwgyf) or mlllrwlT nfErd LIwfN N fIf NINW oww db um 11111100 smVINWIF Ad 100FI O AID N*X MI IEFORE ME Yft b1Y YUA HXOINTAi a PIMw? Apl/.f7fN0 OATH TN Wlprf .4" mo" "Now ?I. G.Wi M TM »'A 40.P.'M.MO ri... «Ma a w...we,w.w.,H.f.. ra fr. wl aw Ar. loomit" OF ""Jena On AVf110R m *ONIA fI01MT1AliGF OOAFRIrIV/UHRUIOf AU71stJF?D 1101161 be MLLBd as Joni TarfTlMf V 0 fft" Of 9tEwvoLlllp• (OR *No or oD f OVENr, We gm b •Iw*aV owner) CHECK HERE O Oftmw, ft MW wwM bo MIItLEd aE 'TwwLM n Car rwr (oR deLr11D cd om OYEIM. 11RErEn or dscmW owrw gan b t*Aw hW a or:sateft) IST LOIN DATE ? IF NO UEN CHECK 1ST U04IOLOER STREET 01TY STATE 2IP IF TFNB16 AN ELT. tRtEdL HERE MANL,AI .1 AN RBQUIRIeO MISTTMON NO 2ND URN DATE ..00- IF NO LIEN. CHECK p 2NDLWHOLDER STREET OrrY STATE ZIP IF THS 19 AN QT, CHECK HERE ? •I11ST1TtI110N HTNMDIAL WTE fMN REOIEAED - LTD IB8 C • • • • • • i 1 EXHIBIT T" • Attorneys At L'- aw Please reply to P. 0. Box 840 1:-larrisburg, PA 17108-0840 Guy P. Beneventano, Esquire GuypbennY@nssh.com September 10, 2009 Via Certified Mail No. 7009 1680 0000 2106 8468 and Regular Mail Bradley D. Cassell 5002 Greenwood Circle Enola, PA 17025 In re: GMAC Account #020-9111-74874 2007 Chevrolet Silver.ado Dear Mr. Cassell: Please be advised this office represents GMAC and in that connection, your overdue and delinquent accow-it 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 adebt, 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 May, June, July and August payments in the amount of $715.21 respectively, plus late charges in the amount of $243.10, for.a total. delinquency of $3,103.94. 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 $3,103.94 within seven (7) days of the date of this notice. Pleasebe 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 1 871. Nauman Smith Shissler S Hall, LLP 9 200 North.3rd Street 0 Harrisburg, PA 17101 0 717.236.3010 • fax: 717.234.1925 • www.nssh.com Bradley D. Cassell 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 GIvMAC for the total amount due. If you wish to correspond to GMAC directly please contact: GMAC Attn: K. Thao P. O. Box 380906 Bloomington, MN 55438-0901 You may also call Ms. Thao at GMAC at,1-866-447-6583 ext. 8843. 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 Silverado 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 EXHIBIT "G" RETAIL INSTALMENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN Dealer Number Carus Number Buyer (and oo-Brryer)-Nams ants alkhsst (aldlde Canty rid ap code) Crodow (Soler rwM wW adoress) BRADLEY DAVID CASSELL FREDERICK CIEV-CAD 1797 CARLISLE RD 1599 QUENTIN RD. YOU, a»auyar Kara coeuyar. it any), may buy ns alas aeacnaaa beau ter sum or on credit fay sprang na conuaa. you *man to buy win verecia off crown under the agrwrrwm on M even and back of rim coreract You agraw to pay us, am Cnd w, de Amount Financed rW Fiance Charge according o nor payment sdadst shown below We wig kat++ NO Frwice Charge an a daily bass. a l/awd Yar Make and Modal Vehicle Identification No Forcing Use br Which Purchased O personal, ". of household 0 agricultural Raw 1S93K34KI7E9B9749 0buseaaa O FEDERAL TRUTWIWLENDING DISCLOSURES Insurance. You may buy the phyanl damage ANNUAL FINANCE Amount Total of Payments Total Sale Price weu ens live contract requires Jaws back) ham 8nyone you dmees, who le acceptable to a You am PERCENTAGE CHARGE FImmor TM en you TM tiro cal of not roomed to buy any ethw rtarance o Of. RATE TM doper The proud of we have pa po d Nan Tenn purchase an node Your decision in buy or not buy new The cal d your amawe the creed provided to you aeva node are do g insurance wig not be a factor n am creAt approval seedu e ywly eraedwA met on or you a on your r payments u your w tlownpay r payment Process raw you betel scheduled, d S 9_N e N any neurarx is dlsckW below, policies or x f „9? f ?qy fiy1„! _ s fi93E1 °O eartawxtes Iran the IaIhad awarce Companies will nin I Sc Your Pa hmh le WIN Bs: maaaYens describe the Isms and y Number Amount When Paymads d u Cheek the nsurance you wad one sign below: at Payments of Pe Are Due Fdowc O tional Credit Insurance 63 I S 785. 76 Writhey, bbeginning p . ? sea u O "r D Co Suyar N/A To en Los Charge. e a Farmers a not acwmd in full wahn 10 days arm it a due, you wd pay a lots e will be +% dare part of the Cnrnenwal meta vah Ce the Char lar e N tM velmdo a a head ? Crept DgM* IRuryer Onk) , g g y payment net is ale. Otlwwre, the large we be 2% par month of 1M pan of the payment that is 71 I??N Ma, figured band on a kill COodr Month for any part of a monT eat is mrs lean 10 days Premium NIA Prepayment 0 you pay oar oil your debt early. you will not have to pay a penalty Creed Lila S ? Security Interest. You are 9" a security in cell in the vrade bcrrgpurdaeed Additional Manhattan: See ells contract for mors raOllhaeM alduorg information abut 00m ouesaty s ,. rtowpayr"*K M" any retained repayment in he beled the scheduled dale. and taaatdy Mesa (k"Nma Company) N/A Illdms Ones Address ) ITEMIZATION OF AMOUNT FINANCED 99 1 exalt rice (+ekid+w my aopmsorrss, srvess, and asss) 5 (/) Credit ale aaAwNlm and rxadd disability rwnince are not MWW a obtan credit Your datuon to 2 ToW • N r'0' curs lees Iwte eat balow aae buy or not buy used Yfe nwwaa and 000 Srsts Irde•n f N/ aWr $ daebdty aeuNae wit not be ¦ WW in as aside . nth trM?N N . 00 i app twat contest They will not be provided alMss other (rkecrbe) REBATE f 4 N. S L9fise. N 12) Cradd We you Sign and Agree to pay iprf ft sees insurance of" aawu part date whom 3 Unprd balance of cash price (t news 2) s (3) InarcOd d you site The nauaMs pep only the may e Other dudes nekaing amo nits pad to others an your behalf (Seller a^tW You wait saw rl you Flea leg you pars the on b(m Creed tkeabiNy stsuaricw pep the keep pat d Memo amounts), «Mdid payments Char war On taeact whin A Cal of optldnal , ' aswance pad to the romance you an disabled Thar nurse tams not aver Company W Conlprxss any increase in your payment or in On number of Lea s N/A payments The pales at adleMn awed by the Dowdy $ N/A s N/A named saua"ce crnpraws may knew one M 8 Offer insurance pod to are aeuwoe Company coverage that credit we or rots disability nnrrtea p-des See the pates or certi6ataw for (describe) s N/A coverage amts and other farm and conditions. C O&W ides paid to gOMMMV aesrtaes $ 43.37 P14722 D Gbwrnnont Writ not included in tedt one S Other linunnce. ? E Gwemme nt b.- adbr registration laws 451 T I R-E TA_ w 6. N CI N/A N/A JAL ft RIPRaOARIt. aR 3 Type of Imwarce Tern -- - - F Government addcee of bit* fees pnmK m s N/A (incitidess .5, asouwysweresi ! S 27.50 N/A G DOW derges (seller frsaa Identify who is pod and (BMW= Crnpany) describe purpose) N/A to 9FLl_ER S FAHPIr FAMP-A S 1307.00 (Home Once Moscow) to FREDERICK CH be NOTARY FEE s 4.90 1 went the insurance decked sb- e FRERERTdf CH far DOC FEE t 55. 69 N/A /A x s to N/A arN to N/A ter N/A sN/A eupr Spann Dew _JVA- /A x It to N/A or N - N Nei trade-in to N/A fWA C0-Bupr souhn Doe Total saw dames and amounts pad o oven on your behalf S 4152.09 (N) SAmount taercW(3 .e) 3 (61(sI ANY INSURANCE REFERRED TO IN THIS 17M79 pj 6 FrtellaCharge s- CONTRACT DOES NOT INCLUDE COVERAGE , ? 7 Total Of awrwm - war balance I6.6) s 49691. as rg FOR PERSONAL LUUHLIIY AND PROPERTY DAMAGE CAUSED TO OTHERS. It you do not mewl your ountnawa obligations, you may ewe your moor vehicle. Now Tf 00 ACT CA! CNANG D Tn tract Codeso n e agreement bohraen you and os rateti g to the neaps Any change o the centres Cora a amp an e r api o Changan an d s m x CO-&W sgM x 11 ray pen of this cormrl a not vakd, other pars slay wad Warner delay li rn mooing my o four rights weer ns contract without it" Worn For example. ws may sitars ea tons f &wkng some psymad+wrthow oide ndng ee hens tar mWenp other You auOw¢W a to obtain s onsebon about you. or Uta "lids you an buying. Inym the ease moor vehicle department r other motor veheclai registration rtthdrbse San back Ior othw important aprsamems. Do not sign this Contract on a Sunday. The Annual Percentage Rate ma be negotiable with the Seller. The Seiler may assign this contract and retain Its right to receive a part of the Finance Charge. Notice to Buyer. Do not sign this contriliCt in 41ank. xou are entitled to an exact copy of the contract you sign. Keep It to orotect?vour ie4af rkthts.I N / / - - ? You agree to the terms to you, and you w?e filled-in coov whelAWdu Is contract. You wryer Son X Data that before you signed this contract, we gave It You confirm that you received a completely Co-Buyer. one Olhnr Owners - A e w person who, a responsible for pgrg the rue debt An other owosr a a Fortiori whose rams in on as oars to ale ,Ohl 1e Out does not haw o pay dahi The rMr o F Agnes a as sam" wrerean ems vrwde green a w in Om eon vact Oar( orrar We here X Onto Address abler aesgm its interest in van contract to xx O GMAC O Hiring NaterW Auto Fran"! 0 GMACAS O Naval Creed Company. war the Wens of Seesra epesmrx(a) war aesgnoe Assigned with reca se Assigned wntwX incomes or wan wood recoues I FREDERICK C(EV-CAD PRES Seller Tde Sags, Teo Z109 FR-PA 1VMS (For the in the Slag of Ponnsylverra) 11 of 4) Notice. See Other Side Copyright 2006 GMAC AN RgMs Resarvd ORIGINAL LUEDEbICK CHEA-CUD bbEE IMAM W xx OTHER IMPORT A'"UMIR&ENTS "'IL SSSe btlE2 L1N ji:!r:?-i?L!?I?L'C?77T'rTT3??'. ¦. How we will figure Finance Charge. The France Charge a figured on a daily boas at the Annual Pereer6pe Rats on the u po R"qI5W the Amount Financed b. How we WIN apply pryments. We We apply each Proceed fist to the darned ad urged part of the Farce Charge, Nnd Men b rid largest v.n M the AmaPo Flndmced. e. How led payments a early p¦yread¦ change whir you q}p?t y _ ,,? We bared del France Charge, Total of Payments, and T61e1 "?ifiiiO° Pace shoat an Na fare on ate assumption Nei you will make wry p rymend an ft day t Is due. Your Francis Charge, Total of ftynwlkL and Toed Soft Pea wit be more it you pay late aid lees d you pay early Changes may tale to lam df a larger at Me bral payment or, at our option. mon at bear Pervasive, of NN Mama amount a your sClheated payment With a snslar bed paymsment We will eeM yoga notice bog you about diva dmrlgee hot= the bid schadded payment is do 2 YOUR OTHER PROMISES TO US a. M the vehicle Is damaged, deabayed, or main You apse to pay to all you owe under two contract even if the ve140ha is damaged, danh11yad, or mseeng b. Using No vabloha. You agree not to remove Nar vehicle Mom the U S. or Caneea, or to sY, had. lama. at Im afar any albnsi in 11e yetaCla a ore commd WSW our wmbn pot ssnotm YOU epee nil b eepceo On rehab to moms, eeaure, oadacaaon. «rwoknwmy mvnler a we pay any repair bas, Nora-- bib, hares, laud, or dwnges on the vehicle, you agree to repay ga amount Wham we ask for A c Security, InteraL You give us a security earned in t The wlacle and Y pare or goods aahabd in it 2 AN m a oy or goods received Onom ea) far as vehicle, 3 M nammama. nekramna, narvice, or eear contracts we amnce for you; and m 4 o?omBIditwe bwtoa? Trim Nabdm Nny zxted"4W prN1A1M of dirges from Ba11oMNade H\U This asaaxesd aPan at all you aygyyon on Conrad it abo seagM a t H ) vmN mnake ors Was% kEE d'00 d. Ineuram ISUfteth"Ift thklpagelad YOU epee to hMOQ ftd0 damage i ewema www" lose or Oar a-e to to vehicle Ics on lam of ON romaOL The rohrarna not Cover our KMM M M vehicle 11 YOU do not Oaaa ice. we may, it we deCIW, byqtr dmmage wedawb o buy physical clang- m S tmryry!! hw ? Nsuaw ON Waves your nWaa and our raarea n M vell6Qa 121"img0ar Warsaw". new vau had you a* ClNrge pay. Ta damp wd a del prenwm fr the r..W fMhMa dmapadahm-era rwgawwpemes - Sral'S5 If the valecs Is lost or danapd, you agree am we may us@&% me«ace asidaiwt to reduce wall you owe or repair the, vehicle H\tj e. What happens to returned Insurance, main mom. ser"Ift other eon( act aarges. 11 we got a refund «Bm?dlee• m?mYfad service, or other otewap drag", you a-res ihdlltvtl my duWad to raked from what you owe 3. YOU MAY PREPAY You may prepay Y or pot of Oe unpi d pert of NN Amount praised at Wiry and wlhou PaWy. a you do so, you must pay #W earned war unpaid pan of tie RnmM1gl0?ipe and at oaar amounts dW Ofe dear of Your Primus H\U eue, N 4. IF YOU PAY LATE OR BREAK YOUR OTMER PROMSES a. YOU cosy, owe was, Charges. YOU will pay a we charge an each bar payment a slow on to from Acceptance of a lift twpnMl of Isle dory don not excuse your gas paytnaa or nNen new you nay kesp m1Wp 4la Payments It you Pay late, we hey also lake ail saps dacnbed below. 0. You may have to pay all you owe at wren. N you beak your pm mar ow"), cos may dormant gist you pay an you owe an tee amnd at me of" Mimi 1 You do not pay ay psymem on and, 2 YOU start a pmdae I in bankruptcy or arm a show spent you Of Your properly, or 3. You break any agreemwts in to conuracl The wmmwp yap w1 Owe ad be ric coped Part Of Oa Amneurd Fronosd plus IN coned and unpaid Pat of Ow France Choqe? cry IWAVINgre, and"?lnsmts dos became you dsll fi P\S08B e. You may have b pay Collacnon casts. It you del" and wA have to go to court to recover, ra vehicle, you Will pay #a macrame woomy-5 D Mee and court costs, of do haw pate You WW also pay any agwwto has end court cab a court award* us it. We may, take to vehicle from you. If you delaWl, we may we (repossess) Oe vehicle from, you it hive do ee Peacefully and on few affairs d h your vehicle har en elecaaac backng device. you agree gi ONI we may use the device to and NN -1 ' It we Bit* on vehicle. ay accawaa, epaprwt, and MPBCSmed pantie Will Stay yell ire "rile if any parse a as= we in rid vehicle, we may alone from for you at your expenses N you do floc ask for Nob tams hack. we may dispose of them as Na law allows e Hew you can gar die vehicle beak 11 we ark- N. N we repossess ire vehicle, you may got a ask by paying ft unpaid pan of #a Amount Financed On the owned and n¦mPdd Pan W No. Fileace Charge, any led chow. and any cow amounts due haCWU you debdbd inadssm) Your right to refto ends don we IN rw vafade We will *1 you how much to pay to madam N coo repossess rie velarss, we may. M our open. how you to get the vehicle tick before cos asp it by paying so par( due payments and cob cougar Inanities) We Ws IY YOU dYOU maymmatW and how much b coy a You may. If you ware in deg" far mote Nei 15 days When hw look Ne vehicle, fie arnouro you MM pay to retlean Or M"b Will also nduda da espaihaea r uxeg tlis raeW, IwMUq m4 aril preparrg N for Wa 1. We will sell to vehicle It you dos nor gar It back. It you do not raven, ws ail am ri- vardde. We will 5@M you a mrAn noses a oaevor"a as" Nw vet" 1 ie jwwApply ft money tram on now, cop allmaw sepawm, to on 3511iff hilya owe flowed sapdnp/ an MOWA a via pay a a tact a I ?maag d» vends, ttoldag a, onvung n am nab. and define IL esrie law mom Ram n" abmy lea Ned ceun omb del law pamsis ant also allowed apemes N ay moray in fan (aaplua). we Wd pay it to you N navy, from de dos a not enough to pay nos amount you owe, you tun pay ire rest to a N you do not pig he amount when we sM, we nay crop you nlamesl tl ire trghat lawfill rate elan you pay g. What M may do about opNenal n§UMM, MOMW Ne, aerelee, « other commas. This Contact may comes dtarit" for opined nstnaa. nnmmmmw area. or aria oanlram If we npoaat to whoa. we may can benefits wider Nom conimcs and can" Nam to oaan mbmpkal une¦med cnrgw to r I wlel yw owed w repro ail wlurb h gel whits a a bbl loss because it a mrmbgad, damaged, w arcan, vw may Wen beab6U urder thine, ocialmolis real cancel own to ablan cards of wmtdmad design to roduce who you e'00 owe H\U H\U h. SUMary OWa regarding pr"WMnt OW rdinSWAW lent. YOU rtay prom Your pan Of rid wnart you Owe tricks on Caadd at any eeN without oaraay. N you do do. you oily hid to pay frlo awned ad arhpemd pen Of I s France Charge and Y afrwr amarab due up b to class of your payment. 11 yam del" and we ra mamas #a vehicle, we My. ar war oparn, slaw you b 90 Ia velecle back akma M sell it by paying Y Pmt due payments. NO drapes, fund expenses fw WARRANTIES SELLER DISCLAMB 5 paraprlph tomnot c rywarrrtan covers- Ohs 1 rie Wade nrrindecl drabet nay provds. Ter lalgtwg goes F31 apply M Y d you bought the vehicle q¦wlly for personal. tang, «houadold use UUnhas Bar Soutar morass a Written warranty, or status Into a service iN?R' rOPlrmwn m days bet to meat of this contract. the Sebr attar, eepreee Cr ImPosd, im " whk*. and them will be no Implied wwmmla: of mmreonbbMy a of Mesas for a Particular purpose. 6. Used Car Buyers Ouse. The Information you sir M the wanton form for this vehkae is pagg Verila 11«casL Idomatfon en the window form overrides any CwWwy provisions in air rote of Asia. Spanish Translation: H\U Guile pas canpradome dA vaMmiloss Interim Ls nformeeMm rpis w on s1 1«mularb de Is wmanlbtom wins, vehicula IwmA Pale del presto Cenoaw La Idrmscldn del Ic ivulado dos Is wmamlar dais sin Onto bda dlapodobn s%1gcalo conarmedN an «0111111140 ee vents. ie91K3#KIiE29a1aa FE911:1110H bU 110#5 1202 OnEH11H 110' FUEDEUICH CHED-CUD 7. APPLICABLE LAW Fodwd haw and Parmayarea haw apply b nts comad rase l1e9a•1a 35Id05's8 #aeal'99 e@341 * go NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACId$G1 OOCT 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. HEM 5803, &CAEIIU(1Q 32 CbHb HII'f bU 11011 COI CnW9EUfUHD 11W cuuriaf E ND DbUDrEA DbAID CUaBErr a#1910 EXHIBIT "H" rl Ac- CERTIFICATE OF TITLE tOR A VEHICLE L*lv .772 ;080 3000150025 5 8- 001 ,1GDJK314KL7E581?49 i 20071 CHEVROLET b5bME1701 CA VHQE b AT" MAMA VE/M 14W Of VeW CLE T"U NUMMA TK I o uo7/©8# 000034 1 o owv TVFE mw SEAT CAP PMIOR TITLE ST %Tt OOOM FRODD DATE I ODOM MUM ODOM STATUE 2/07/08 2107/08 5,723 12,0001 GATE M trtlFO DATE of ISSUE UNLADEN wE 01+T 1 OVWA 1 OCWR TITLE BMA" FAIMM" MAXEY SAVID C 1707 CARLISLE R CARP WILL PA 17 mw LIlN FAVOR N OAC GBOOND URN FAVOR OF DOObETN sTATUb 0. ACTUAL MIJAEE 1 . how"= wmm Tile AMCIIAN" um" s . NdT Wa AO/IW. v"W s. mm we MAW LsL/AOE-000AlM" TAT/?sl{A1EII?IES Trm IPV* s O . COMMO OX V@M= F . ow ep coumwT a Op"mLY WeD Pon Nows OSOMM A VSaaE ? : LOE Vla0lE P ommA AMM VMCLE M .INSplAyfwlClb s .i} Moo T .I?1 M1 p7IIIfYWL1E V . voom COWASM RE"MRAW Vai w . AIAOD 14140M % . WWAS A TAXI M a awns. Taal I - Y La10 s'al UUMW b d ft 60 sm to om look"w Ilba lelanla 96 TTM 10 to bona a Maw Val 'do whh sr F"T Usk wrath!! ana w OM EECOND U0e RELEASED AURKWAM AWA r DATE MAEl? AtQ _ ar 2 5 32 30 AUTWORM0 V&PRENWATIVE GNAC PO 0OX 8140 COCKEYSVILLE MD 21030 1 a'I ar¦ d to F t 0 ar atew laaalb a M RN1ryM1Y 1LS1a s,.1 wawEy r omomwww nAee Mala? b s» t /iFOREM ? be mWo *j" Twom 1 mmw. 10 sofa a waMallo ? ? t---" OIMI Z:1 IST pSn b hiSll Tt1T UEN OATS 1aT Lowolami1 w OtTY or n a rm Va. OHM Net 00 UM DATE M ? M alit Ar T rM b Wl O OO M L l N co W - iI w w r P. r /A ow w " A NW .anw.MelalYMrtlaAar•?w?OMr1?sIA.bA..rA.wi.. aNOLlospLDER I V ITeIEET -4 MLTIi?sOP ATRICANt d1 MMIeISLO Ms1A% .p• OTTV ALLEN A 2IEHLER eM IE"if` M1i? I al?.K 1Qp!=l".00 r On Rift of =w a mm MOwsl a ?sw) .? w wo UEN o*m l {TATS 2S' I1101AL RNle?b11 NO IF ND UEN. CHECK -9TATM 21P Isa • • • • • • • • • • • • • • • T EXHIBIT "I" ! 1 • Attorneys At L'au Please reply to P. 0. Box 840 Guy P. Beneventano, Esquire Harrisburg, PA 17108-0840 Guygbenny@nssh.com September 10, 2009 Via Certified Mail No. 7009 1680 0000 2106 8475 and Regular Mail Bradley D. Cassell 5002 Greenwood Circle Enola, PA 17025 In re: GMAC Account #020-9127-15616 2007 Chevrolet Silverado Dear Mr. Cassell: 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 front 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 May, June, July and August payments in the amount of $788.76 respectively, plus late charges in the amount of $236.55, for a total delinquency of $3,391.59. Unless you dispute the validity of the debt described above within seven (7) days of the date of this letter, we will assurne 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 $3,39-1.59 within seven (7) days of the date of this notice. Please be advised that GMAC reserves the right to pursue all of its rights and remedies as indicated by the Retail -Installment Sale Contract, which may include the seizure and repossession of the vehicle. You are also called upon to pay the attorneys' fees incurred by GMAC in connection with-your default. Specific information concerning- these attorneys' fees will be provided to you after GMAC's receipt of the total delinquency. Superior analysis. Effective solutions. Since 1871 Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street • Harrisburg, PA 17101 • 717.236.3010 * fax: 717.239.1925 • www.nssh.com M ? Bradley D. Cassell 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 GM-AC for the total amount due. If you wish to correspond to GMAC directly please contact: GMAC Attic: K. Thao P. O. Box 380906 Bloomington, MN 55438-0901 You may also call Ms. Thao at GMAC at 1-866-447-6583 ext. 8843. If you do not dispute the validity of the debt or otherwise promptly snake 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 Silverado 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 Linder the Contract. I trust you will act to pay the delinquent payments, and thus avoid the expense and embarrassment of such litigation. .Respectfully yours, r,Li3G P. Beneventano GPB/sin cc: GMAC a F C? t i r !DF TF7 n? 2PN Q!: r n r. ri , 1 C..? f 1 E 4 V $18.50 Pb ATM CV-* 15Lasq e ,a3og48 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. 0q- (0334 awI I (erw v. . CIVIL ACTION BRADLEY D. CASSELL, 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 2 ?' rc, --? uy P. Beneventano, Esquire Supreme 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: September 22, 2009 ?FiLEC-{ ':1 CRY ) F- THE 't< 2,209 SEP 23 Pr 1: 3 ??utti. t Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant F -E- rF Edward L Schorpp Solicitor FILED-OFFICE OF VIE tul 1! ' ??1 N OTAPY 2004 OCT -8 Pty 12: 00 CU _"LINTY LN VU, GMAC vs. Bradley D. Cassell Case Number 2009-6334 SHERIFF'S RETURN OF SERVICE 10/05/2009 05:14 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 5, 2009 at 1713 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bradley D. Cassell, by making known unto himself personally, at 5002 Greenwood Circle Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.00 October 06, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff