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Home My WebLink About09-7607NAUMAN, SMITH, SHISSLER & HALL, LLP Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 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. MEHO DEDIC, ENES DEDIC, Defendants . NO. CA - '14vO7 (2? yi (t°.rm : 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 HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por aboado y archivar en la cone 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 LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 800-990-9108 NAUMAN, SMITH, SHISSLER & HALL, LLP Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 200 N. 3'd Street, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: November 3, 2009 NAUMAN, SMITH, SHISSLER & HALL, LLP Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 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. MEHO DEDIC, ENES DEDIC, Defendants NO. '74, 0 -1 CIVIL ACTION ACTION IN REPLEVIN COMPLAINT AND NOW comes Plaintiff, GMAC, by its counsel, Nauman, Smith, Shissler & Hall, LLP, to file the within Complaint based upon the following facts: 1. Plaintiff, GMAC is 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, Meho Dedic (hereinafter "Defendants") is an adult individual presently residing in Cumberland County at 1408 Bradley Drive, Carlisle, PA 17013. 3. Defendant, Enes Dedic (hereinafter "Defendants") is an adult individual with a last known address in Cumberland County at 1420 Bradley Drive, Apt. 312, Carlisle, PA 17013. COUNTI REPLEVIN 4. On March 31, 2006, Defendants entered into a Contract with Jennings Pontiac Buick GMC, Chambersburg, PA 17201 (hereafter "Seller") for the purchase of a 2006 GMC Envoy, bearing Vehicle Identification Number 1GKDT13S462271690 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Forty-Three Thousand Four Hundred Ninety- Nine and 69/100 Dollars ($43,499.69). A copy of the Contract is marked as Exhibit "A", attached hereto and its contents are incorporated herein by reference. 5. Defendants, pursuant to the aforesaid Contract, agreed, inter alit; to make forty-seven (47) installment payments in an amount of Five Hundred Fifty-Four and 92/100 Dollars ($554.92) each, commencing April 30, 2006, and payable on the same day of each successive month thereafter, with one final payment in the amount of Seventeen Thousand Four Hundred Eighteen and 45/100 Dollars ($17,418.45) due on or about March 30, 2010, fora total obligation of Forty-Three Thousand Four Hundred Ninety-Nine and 69/100 Dollars ($43,499.69). 6. Under the Contract the Defendants granted the Seller or its assignee a security interest in the Vehicle and its proceeds. 7. Defendants, 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. 2 8. On or about March 31, 2006, for good and valuable consideration, the said Contract was assigned by Seller to GMAC who succeeded to the rights and interest of Seller. 9. 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. 10. Defendants have breached the said Contract in that Defendants failed to make the agreed-upon installment payments due. 11. Such defaults are continuing. 12. The present outstanding balance due GMAC from Defendants is in the amount of Twenty-Three Thousand Six Hundred Sixty-Seven and 55/100 Dollars ($23,667.55), plus late charges. 13. GMAC sent Defendants Notices of Default by letters dated October 28, 2009. A true and correct copy of said Notices of Default are attached hereto as Exhibit "C" and incorporated herein by reference. 14. Under the terms of the aforesaid Contract, Defendants agreed that in the event they 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, Defendants agreed to pay all costs of suit and any reasonable attorney's fees. 15. GMAC has made repeated demands that Defendants make the payments agreed upon, all to no avail. 3 16. Upon information and belief, the aforesaid Vehicle is presently in the control and custody of Meho Dedic, 1408 Bradley Drive, Carlisle, PA 17013. 17. Vehicles of this model and class have an average wholesale value of Fourteen Thousand and 00/100 Dollars ($14,000.00). WHEREFORE, GMAC prays that this Honorable Court enter judgment in favor of GMAC and against the Defendants, jointly and severally, for: a. Possession of the 2006 GMC Envoy bearing Vehicle Identification Number 1 GKDT 13S462271690 or in the alternative, the market value of the car in the amount of Fourteen Thousand and 00/100 Dollars ($14,000.00); 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 March 31, 2006. COUNT II BREACH OF CONTRACT 18. Paragraphs 1 through 17 above are incorporated herein by reference. 19. Pursuant to the Contract, Defendants have defaulted by their failure and refusal to pay installments in arrears, the sum of which (including late fees and unpaid charges) is One Thousand Eight Hundred Twenty-Six and 92/100 Dollars ($1,826.92) at this time and increasing monthly. 20. 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. 4 21. Pursuant to the Contract, Defendants' 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. 22. To date, Defendants owe GMAC the outstanding balance of Twenty-Three Thousand Six Hundred Sixty-Seven and 55/100 Dollars ($23,667.55), plus late fees and costs. 23. The Contract provides that in the event the Defendants did not make the agreed upon monthly payments, resulting in a default under the Contract, and GMAC was required to employ an attorney, the Defendants agreed to pay reasonable attorney fees and Court costs. WHEREFORE, GMAC demands judgment in its favor and against the Defendants, jointly and severally, for: a. The sum of Twenty-Three Thousand Six Hundred Sixty-Seven and 55/100 Dollars ($23,667.55), 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 & HALL, LLP oshua D. Bonn, Esquire Supreme Court I.D. No. 93967 200 N. 3rd Street, 18th Floor P. O. Box 840 Harrisburg PA 17108-0840 5 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: November 3, 2009 VERIFICATION I, Kolee Thao, Semperian Agent for GMAC, being duly authorized to do so on behalf of GMAC do hereby make the following statements subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsifications to authority, and do state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Kolee Thao Semperian Agent for GMAC Date: l10 l EXHIBIT "A" 4') RETAIL INSTALMENT SALE CONTRACT This contract includes the attachgIkddlt)hft1AjQWpLSMrt8uy Ri Dealer Number Contract Number Buyer (arid Doatyat)-Name and address (include county and apt code) Creditor (Saar pans and addla"XEC E I V ED APR 0 6 P,4 MEMO DEDIC ENES DEDIC JENNINGS PONTIAC1811ICK GMC 1408 BRADLEY DR 1408 BRADLEY DR 247 GRANT STREET CARLISLE PA 17013 CARLISLE PA 17013 CHAMBERSBURG, PA 17201 You, to Buyer (and Co-auysr, If any). may by Do vah0a desed bebw hw ash or on crece By sV" the contract, you choose to bury she while M crap, under thin agrcemena on we front and brio of this contract. You agree to pay oa, this Creditor. um Ammml Financed and Finance barge according b the payment ache" shown below. We will "tla Finance Ctwq an a daily basis. Tau 2003 '"a" RI'Trr FEDERAL TRUT144N•LENDING ANNUAL FINANCE Amount Toth a Pa?mahu Tow sale Prior PERCENTAGE CHARGE Flnsnesd The endlMd you The said cost of RATE The dollar The amount of will have pad after your purchase on The cost of your awum the credit provided to you haws made d cads, n*Nhg aadt as a yearly txadd we coal you w on your yourdownpayrnewwwrd rats You. b"l sdssdotW its n I Your Payment Schedule WIN Be: I Nunber Of pa rneft Amour of Pa b When Paywnts Are Due Or as Follows 1 47 E Lbaady b"Whe" n4QQlfjlA Charge. II a psywnt a nil received n lull vAtlrwo 10 do" .leer it n due, you Wit pay a leis LOU charge If Ore vetacls u a hasvy eommenaY motor vehids, do charge will be 4%d the pad d the payment that is Isle Otherwise, an charge will be 2% Per inand of the pat d a* lrymant that is late tguWbasedmakidcoladamonanformy Pertdamienasntonedwn10days. Preperyment. N you payoff all your debt early, you ad not have to pay a penalty Seaurly IntaresL You ere gwng a secury moron in the vehicle bang purchased! Addidoml Information: See On contract tor acre rn onnosaon including eNOrmeson social norpeymera, ddW6 any required repayment in as before the sdneduled Me. aril sectinity Inherent ITEMIZATION OF AMOUNT FINANCED 1 Cash price pnclud ng any ecceswue, se woes, and aura) $ a 1 RFS .null / 2 Toad clowpaNrrM a (N nagahve ema'D' NO an hue 4H below) Gras totle•n S Tn?nn nnasYNN byalln f ! 11663.80 =netUp 4962 do +pdn NO . Darr (daarnbe) RFRAW f 2ppp _ nn a r rl2) 3 Urpand balance of cash once (I more 2) n 1 sec nl0) It 4 Other dWWS Including ertclwls paid to others on you b$heN (San may keep part of area anouna ) A Cat d optional credit insurance wd to the Insurance company or ocenimuses We $ urn Disability, $ S? e Other insurance pad to the assurance coppery - foescbe) $ 14A -?T C Oac and less Paid to gdwnrerlnil agencies S D Govaninte nt Ume nit included in can once S IIq4 E Govenwnl /came ardlor raprtrahn lees S F Govemwnt MIAMI, Of atle toes ?oO uochrws asanly menu ) S 0 Other designs (SaBO" do" who 0 pad and describe o ) ur ?7-5tT p se p to ton 55. 0 b ton N/A I. N?;, fo N/A N A f - to NrrA -N/?- f N A 1D IIrA- was WA to f N A A H NertraaW- R5V Mb AM9Rtr,RVDTT f--2BSS..Bo Total other drrees and amauns pod to others on you r bsiWl f 4I Gn - )tf4) 5 Amoral hla cad (3 +4) S360,6 gel S Fawmacnaag_ S 7A7A Adel 7 Toad of cevments-time balance M+e) S A]Agq city) you do not eel Your contractual oblluadma, you may less wur hector whfola Insurance. You may bury On physical damage assurance use Comm requires (sae bads) Iran anyone ywdwm who is awepa , , bus YM Bra rot requ ed to bury any other assurance b obtain credit. Yaw decision to buy or not by oiler wraance will not be a lector in Via credit approval Oracea 11 any parade is docked billow, policies or cerkaews from we n o ned assurance cooperate will describe ere serous aid conditions Check me Insurance you want and sign below: Optlansl Crash Insurance. ? Gael LAe O Buyer O Co-"( Tsr(trtA ? Gent DMWW (Buyer Only) Tam N/A Premkm Credit Life $ 114 cradtouatsyS N/A *t ce Company) oltce Addnn ) Grade we insurance and credit tlaassiy, eruerce an not regaled to open cracks You 0 m buy or rat bey credit Me assurance end uaM raeabaly insurance we M be a hcbr In M Credit appir" Moa s 7hw wM rot bepranded unless you SW end agree to pay the own cat cram me amdlat assurance pays to imposed Ivey of to financed it you dis This Insurance at* the anawt you would we t you pad et me peryinswits, M am Credit disability, wuerce pays the scheduled paymene due under On MWW whir you are dneealed The; ¦ s watce does tot ooeer any increase in your payment at in to nuadw of payments The policies of orrtnRcehN retied by tic niu ed ns rare conipsem may further Wind to coverage tot credit We or credit disablity, assurance provides Sea to policies or cavbcWs for coverage knaa and other lenrna and conditions Other Insurance. pNwe Typo ot Insurance T PrewmS NjA N/A (ins u trice Compan yl N/A (How ONke Address) I want In insurance checked above X Buyer Signature Data X Co-Byer Sp wkn Dam ANY INSURANCE REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. HOW THIS CONTRACT CAN BE CHANGED. The contract consent; to strop °u9 bug m des contract Any change b the contract mill ben =!71 elfin nt No a dolges we OrrlMrlg agreement bawlan ' Buyer signs x -?'T e, A co B,ryer sl06 X:6 L clot--s a any part at s cer did a not ord, as over parts stay valid We may delay or Wren loom ammrang any at our rights ceder this contract without losing ""01 For enaxrple, we. may edam) the lame for making eme paymwds wnoutexWdng be wine for malrng others You authomo us to obtain alornoabon about you, or the Vehicle you are. buyeg. from the state MOW vehicle department or other minor vehicle registration auDlaates Sea beak to otherIhpot nt egparano. Do not sign this contract an a Sunday. The Annual Percentage Rate may be negotiable with the Seller. The Seller may assign this contract and retain Its right to twelve a part of the Finance Charge. 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 prote?ct/trqur legal tights. Buyer Sit c /*Z .& Da93,413i InF co-Guya,Sgmx,,? e,,° Date 03/31106 You agree to the terms of this contract You confirm that before you sighed this contract, we gave it to you, and you were free to take it and review it. You confir that you received a completely filled-In copy Fen you signed it Buyer sans x ?. ?-IP4c? D.113/31/06 C0411"B * _N?t'°C C' S Dam 03131/06 co au". MW OUWOwnm - A 6obum a a passion Who a respMsibe for paying to were debt M COW owner, is a pension whose norm is on we ere to ins vehicle but does not have b pay Ile Mot The other owner agrees to the sacisly nterestn tit vehicle given to a in an cciraa other owner sgns here x 048131106 Adds. R rr.Mer alma nee ,.,. ,n SdW MOON AS WARMN in In enteral m rid Motive AccepWCS Co lcra ) GIMCAS o N-11 Credit Cerpnrebon. under the lernss d Saws agreement(s) web Aoagnsd With recourse AUVW wrnou reoorsa a I JENNINGS PONTIAC 8 Seiler By Two L Seiler Tie Z10I FR-PA 312005 (For Use in be Slats of Pepeylvaw) (1 d4) 44otkc Bea Other Sid. Copynght 2004 Gensnl Mound Acceptance Corporation A11%lea Reserved. ORIGINAL -r OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS A. How we MR figure FIname Charge. The Finance Charge is bpumd on a daily baps at No Areas Pahamago Roo an ere limped pan of MN Amount Financed b. Now we will apply payments. We will apply each payment first to Will earned end unpaid Pert of the Finance Charge. and then to the wpod pan of to Amo rn Fenced o. How two payments or early paymrrts change what you must pay. We bond aN Fu+rrce Charge, TOW of Payments. and TOW Sale Price shown on to kom on am aeem"m Sm you "a make every Payment on ar day a is due You Farm Charge, Talc of Paymarm, and TOISI Safe Price will be lmra N you pay late and lass d you fay secy. Changes say War to 10m of a begin or smaller Brief payment W. al Out oplim, more or beer psymeme of the sane rmwnt as your gdadulad Percent with a smaller RnW psymwa We will send you a n0ce tslsng you about amt ranges colors the fwd sdhdaed payment a due 2. YOUR OTHER PROMISES TO US a. If the vehicle Is damaged, dufroysd, or missing. You agree to pay a all YOU owe other IM contract awn It to vehicle is dWrdMW, destroyed. or naadnp b. Using the vahbk. You agree not to rrasve tla whack pore pa U S or cowls. or to son. tat, lease, or smaller any anserm in to vehicle r the contract without ow wmWr permission You agree not w expose the vehicle to mlaess, s01Lae, mldlsCgbM r nvokpWy transfer N we PRY wry Farm was, OWW folk, Was, pms, or charges on the vehicle. you agree to repay the amount when we ask for it G. security h wsw. You give us a sommy meet in 1 The vehicle anddpolls or goods MM %d nit 2 AN moray or goods received Rmcgoda) jar the Vegas. 3. Massurance meneaeoo, savwe. or GVW conaace we kwwe for you, and 4 AN Prmseds from lMlaams. maintenance. service. or other cmtraca w fawwe tr you. The includes any regulate of prenaeme or charge beer Its contracts Ties eeoum PeYnrm Of d yon ail on ore conkeo It also secures You COW imam w" in the contract You will make an the pile Ohms our age" Maras (bal) in ar vehicle. d lm wanse You must hove an the vehicle. You agree to rove physical damage vawrwe mwemp lose at cataps bore "lace for IN form Of In Contract. The k=Rff= nail collar our traerosl M efts vehicle II You do not have this ataance, we may, if we decide, buy physics drage, insurance It we decide to buy physical canape wrmraros, we MY by "Kum" all mw o your moth w aid or gaa,eat in the vehicle N we buy Me wraurance, we will kM you 8% shape you fl um pay. The Charge w8 be as pfefnutn for as matselce and a dance dwP at are highest fat to law psnak. If to -leek a low r damaged. you agora bad we may use any insurance "ONTI nl to red" Mat you ows OF repair ON volwde e. What happens to returned k eumnce, mefnhmana, service, r COW araraot ohms, a we ON a refund! of Mufrrca, nwseasnce, service, Of Other L0 cl surges, you agree the we may subbed the rekrnd from what you owe. o. You may have 10 Pay CONGO"" costs. 11 you delWlland we have to go to cast b recowrthe vaade, you vd pay the reasonable Whoneys fees and awn cab, as aN kw Penh You and also pay any anmaye late and court costs a court awe & as d Wt may mile the vehicle ham you. If you dek *. we may rake (fapwaee) fee "Imle from you II we 00 so Posemty ON the kw allows a If your volvcb has an ekwmw kwfg demos, you arse Iha we may use ail dome b fed do "facts it arse We to v *.C*. any eocemm. OVAM nt. end MOmMnsnt Perot will stay with Me vehlds 114" persrW doing re in a* Vddcfe, wt may awry them for you at your axper" If you do no ask for game items back, we my dispute of edam as tie law abom s. How YOU con got the vehicle back M we take IL M we repossess the vefacle. you may rya it back by Paying are WPW Pan of No Amount Financed Pica the aemed and unpaid part of the Fiance Charge, any fate chaps, and aryl Oliver amount due because you defaulted (mdNm) Your fight to redeem erdr afw we ad am vehicle We wind ten you how much to pay to receive If we repossess the vavcta, we may, at our argon, slow you h gat low vehicle back before we ad it by Payne ON peat due Payments and late charges (ranwts) We wn MN you n you may rwnetsts end how much to pay d you may It you were in dskwtt for nacre am 15 days when we look the vefade. the anmmt You must icy to redeem or mnasw will also Include the expenses of taking the vehicle. holding it, and preparing 11 for ask, I. We will WR the vehicle M you do not go it back N you do not fdem, w will end 1119 Vehicle. We vd send you a wro en room of sae before selling the vehicle Ws will apply the tnrxay Imn tN eels, lm allowed sNpww". to be anounl You ores. Allowed sxpeaaa m expenses we pay as a dean resul a talarg Bts velaJe, hkfhg d, proW& n for silk. and eslkg k, as as law allows. ReemraW &Mmwy fee and Caen mad are few --is m eve slowed a*- ff any now m tell (adpks). we we pay It w YOU It marry from the eW a rot enough to pay to amount YOU owe. YOU nmt Pry the reef to its N you do not pay the amount when we ask. we may cwge you immat at tlr Wwg IewU me untd you pay ¢ What we may do about optbral Ineumnoe, mdmenance, service, r other eswests. This contract may contain ctw,rge for insurance. m WVWWM. servos, or caw nxnfracts M we repeess" the vasd0. we may dam benefits under owe atntracts and cancel them b oblun refunds of lowered charge to to&= what you ow or FWW IN vehicle It the vehicle a a IoW less bedauee n a oofdraled, damaged, or skikn, we may Own befrah11 WOW ails maracts and Cancel from to obtain ryketls of unearned charges to reduce what you Owe h. Su nery nodes milord" prepsymvet &M rolnetamant You may prepay all or pal of the snow you we under and mama at my fine wAhn penalty R you 00 So. you omy have b pay In Sol end unpaid part a the Fnroe Charge add DOW arrows clue up b the dais of your Psymort It you do" and we mpos s the vehicle, we may, of our OPh, , dowyou to got are Vauds beck befog we end it by Paykg All Wet due papnwNa, kar carpe, and axpwwe. 3. YOU WY PREPAY You may prepay all or Pan of ale upold pan Of We Amount Fmnsirced at my ms without Penally. If you do go. you mill pay the earned and unpaid pal of the Faarree Charge said all cow analnts due up to ear desk a your payment 4. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES L YOU rosy owe leas ohrge. You wig pay • We CMSrge on earth last payment as above. on ar lean AmapWm Of e Ito paymesl or late doge does not exam yaw lots paymem or moat art you may keep maNfg IMe psynrms If you pay ilk, we may 8110 aka are hasps described below It. YOU may have Is Pay ore YOU owe It mat. It you beak your Pfm"es (dafaulfl, we they demand Had you pay all you owe on gas OwUM at owe Delatdl evions. t. You do net pay are prynNm m amt, 2. You start a Pm esedeg in twarupwy or ors is stoned against you r your popery., or 3. You break any agreemaes in this CMUM The amoral you will owe will be to unpaid pan of the Amore Financed Plus Its owned and upend pen of aN Fmenco Cherie, any fete charges. and any amounts des bacauee you "Liked S. WARRANTIES SELLER DISCLAIMS The Wowing Pan" doe not affect any wadseaes m"ag the vehicle cal to vehicle manufacturer ally provide. The Wowing paragraph also does IM apply at all it you bought the vdvcle pmewly for pommel, lamely, at hdaawtd use. Untass the Salve makes a wr tion wawMy, w enters kilo a service contract NNhln 90 day, from On Oats of aNs esntracL Nil gaga, makes no warranties, empress or Implied, on the vehice, and than MII be no implied wawaaNs of narohantsWNly or of fines for a particular purpose. 6. Used Cat Buyers OUlds. The Inform.ewr you ail. on the Mndow form for the vehtOk Is Part of this contract klwmaUpo on the window term overrides arty Contrary provisions in the contract of veto. Spanish Translation: Guk Pam Commandoes do whkulw mud.. V Intem.16n quo we m of formuWlo ark in vearhRk pre sets whluo forms Perm del Piemonte controlo. Ls Inlormaol6n des formdro des Is vamanao d(e min slam tilde dleposlolde se eontrwo contsMda an at convalo de wants. 7. APPLICABLE LAW Federal kw and Per aylvama low apply to ads Contract NOTICE: ANY HOLDER OF THIS CONSUMER CREOIT 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. ftfElbC? APR 6 p,?? EXHIBIT "B" r - CE TIFICATE OF TITLE FOR A VEHICLE ® 061003iI0000a21-001 HBS 1GKOTIAS4622771690 f 20061 GMC ? 631?0781LS03 DE tI8 • 111 ttwTrlCA MA fl YEAR LUG(! Of VEHICLE TRW WAWA • Sw 0 1 I 4/10/06 00004191 0 aw rl "I BEAr cAP FIY011 rRLE SrATF ODOM PROW DATE ODM WM ODOM STATW - • ?/??v I w/10/06 1 • GATE PA I r OF ISSUE UNLADEN NEIGH r 4VwR GCwF4 me ago" i • I i I L • joil"' " IP wI RVIVORSR 1I13aI.IeIeO .,.. ? love; X, I 161DIC CARU '• A" 7013 ?:. _. tl PR16f ua1 + SECOND LIEN FAVOR OF • ? I II ' I • smaW Iawd r k IBNd Lvm rII?o0o N Iu No ILIL b be tw TBM b * ! 1 SM i • ? WA r 4 wL* W1Md1? 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Box 840 Harrisburg, PA 17108-0840 October 28, 2009 Via Certified Mail No. 70091680 0000 2106 8734 and Regular Mail Meho Dedic 1408 Bradley Drive Carlisle, PA 17013 In re: GMAC Account #020-9080-45887 2006 GMC Envoy Dear Mr. Dedic: Joshua D. Bonn, Esquire Jbonn@nssh.com Please be advised this office represents GMAC and in that connection, your overdue and delinquent account has been referred to this firm for advice and the appropriate action if not resolved promptly. This letter is an attempt by GMAC to collect a debt, and any information obtained from this letter will be used for that purpose. GMAC has advised that under the terms of a Retail Installment Sale Contract, you are delinquent in paying the June payment in the amount of $85.22 and the July, August and September payments in the amount of $554.92 respectively, plus late charges in the amount of $76.94, for a total delinquency of $1,826.92. 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 $1,826.92 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. • t L a w Superior analysis. Effective solutions. Since 1871. Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street • Harrisburg, PA 17101 • 717.236.3010 • fax: 717.234.1925 • www.nssh.com Meho Dedic Page 2 If you fail to cure the default, GMAC will declare the entire amount you owe under the Contract IMMEDIATELY DUE AND PAYABLE. You may contact GMAC for the total amount due. If you wish to correspond to GMAC directly please contact: GMAC Attn: K. Thao P. O. Box 380906 Bloomington, MN 55438-0901 You may also call Ms. Thao at GMAC at 1-888-204-9783 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 2006 GMC Envoy 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, Joshua D. Bonn, Esquire JDB/sm cc: GMAC A t t o r n e y s A t 11 a w Please reply to P. 0. Box 840 Harrisburg, PA 17108-0840 Joshua D. Bonn, Esquire Jbonn@nssh.com October 28, 2009 Via Certified Mail No. 70091680 0000 2106 8741 and Regular Mail Enes Dedic 1420 Bradley Drive, Apt. 312 Carlisle, PA 17013 In re: GMAC Account #020-9080-45887 2006 GMC Envoy Dear Mr. Dedic: 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 that under the terms of a Retail Installment Sale Contract, you are delinquent in paying the June payment in the amount of $85.22 and the July, August and September payments in the amount of $554.92 respectively, plus late charges in the amount of $76.94, for a total delinquency of $1,826.92. 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 $1,826.92 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. S i n c e 1871 . Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street • Harrisburg, PA 17101 0 717.236.3010 • fax: 717.234.1925 • www.nssh.com Enes Dedic Page 2 If you fail to cure the default, GMAC will declare the entire amount you owe under the Contract IMMEDIATELY DUE AND PAYABLE. You may contact GMAC for the total amount due. If you wish to correspond to GMAC directly please contact: GMAC Attn: K. Thao P. O. Box 380906 Bloomington, MN 55438-0901 You may also call Ms. Thao at GMAC at 1-888-204-9783 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 2006 GMC Envoy 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, Joshua D. Bonn, Esquire JDB/sm cc: GMAC 0 F ?q { TARY 1009 -u Fh 12: SS *'18.5o PQ A`TT`/ Gr,# 304(43 pa's awcm NAUMAN, SMITH, SHISSLER & HALL, LLP Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 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 V. MEHO DEDIC, ENES DEDIC, Defendants : CUMBERLAND COUNTY, PENNSYLVANIA :NO. oq - 71o0q iy ?T rm : CIVIL ACTION : ACTION IN REPLEVIN PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Joshua D. Bonn, Esquire, as Attorney for GMAC, the Plaintiff in the above captioned case. NAUMAN, SMITH, SHISSLER & HALL, LLP oshua D. Bonn, Esquire Supreme Court I.D. No. 93967 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: November 3, 2009 FILE??OIFRCE OF THE n.?0TprgoTARY 2009 NOV -4 PH 12= 55 CUMIL