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HomeMy WebLinkAbout09-8602 NAUMAN, SMITH, SHISSLER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court ID. No. 24580 Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 200 N. 3rd Street, 18th Floor Counsel For: GMAC P. 0. Box 840 Harrisburg PA 17108-0840 Phone: (717) 236-3010 Fax: (717) 234-1925 GMAC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. NO. ?Q - ?J l VIRGIL E. GEIDEL, individually and d/b/a : GEIDEL'S MECHANICAL SERVICES, CIVIL ACTION and MAX L. GIBNEY, Defendants : ACTION IN REPLEVIN NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle. PA 17013 Telephone: (717) 249-3166 800-990-9108 NOTICIA Le ban demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial 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 LLEVARESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street Carlisle. PA 17013 Telephone: (717) 249-3166 800-990-9108 NAUMAN, SMITH, SHISSLER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court ID. No. 24580 Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 200 N. 3`d Street, 18`" Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: December 11, 2009 NAUMAN, SMITH, SHISSLER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court ID. No. 24580 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, PENNSYLVANIA V. NO. 07- Wz &a- u4o-/ VIRGIL E. GEIDEL, individually and d/b/a : GEIDEL'S MECHANICAL SERVICES, : CIVIL ACTION and MAX L. GIBNEY, , Defendants ACTION IN REPLEVIN COMPLAINT AND NOW comes Plaintiff, GMAC, by its counsel, Nauman, Smith, Shissler & Hall, LLP, to file the within Complaint based upon the following facts: 1. Plaintiff, GMAC, an entity organized under the laws of Delaware, having offices throughout the United States and having an office at 555 Business Center Drive, Horsham, Pennsylvania 19044. 2. Defendant, Virgil E. Geidel is an adult individual d/b/a Geidel's Mechanical Services with a last known business address in Cumberland County at 178 Red Tank Road, Boiling Springs, PA 17007. 3. Upon information and belief Geidel Mechanical Services is a sole proprietorship and/or fictitious name owned by Virgil E. Geidel. i 4. Defendant, Max L. Gibney is an adult individual with a last known address of 208 W. Pine Street, Mt. Holly Springs, PA 17065. COUNTI REPLEVIN 5. On March 26, 2007, Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services, entered into a Contract with Graham Motor Company, Inc. Carlisle, PA 17013 (hereafter "Seller") for the purchase of a 2007 GMC Sierra 3500, bearing Vehicle Identification Number 1 GDJC34K07E523049 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Forty-Three Thousand One Hundred Eleven and 20/100 Dollars ($43,111.20). A copy of the Contract is marked as Exhibit "A", attached hereto and its contents are incorporated herein by reference. 6. Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services, pursuant to the aforesaid Contract, agreed, inter alia, to make sixty (60) installment payments in an amount of Seven Hundred Eighteen and 52/100 Dollars ($718.52) each, commencing April 25, 2007, and payable on the same day of each successive month thereafter, for a total obligation of Forty-Three Thousand One Hundred Eleven and 20/100 Dollars ($43,111.20). 7. Under the Contract the Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services granted the Seller or its assignee a security interest in the Vehicle and its proceeds. 8. Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services, 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 2 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. 9. On or about March 26, 2007, for good and valuable consideration, the said Contract was assigned by Seller to GMAC who succeeded to the rights and interest of Seller. 10. 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 "C" and attached hereto. 11. Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services has breached the said Contract in that Defendant failed to make the agreed-upon installment payments due. 12. Such defaults are continuing. 13. The present outstanding balance due GMAC from Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services is in the amount of Twenty-Three Thousand Ninety-Nine and 76/100 Dollars ($23,099.76), plus late charges. 14. GMAC sent Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services a Notice of Default by letter dated November 30, 2009. A true and correct copy of said Notice of Default is attached hereto as Exhibit "D" and incorporated herein by reference. 15. Under the terms of the aforesaid Contract, Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services agreed that in the event he defaulted in any payment due thereunder, or failed 3 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, agreed to pay all costs of suit and any reasonable attorney's fees. 16. GMAC has made repeated demands that Defendant, Virgil E. Geidel d/b/a Geidel's Mechanical Services make the payments agreed upon, all to no avail. 17. The aforesaid Vehicle is presently in the control and custody of Virgil E. Geidel d/b/a Geidel's Mechanical Services, 178 Red Tank Road, Boiling Springs, PA 17007. 18. 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 Virgil E. Geidel d/b/a Geidel's Mechanical Services, for: a. Possession of the 2007 GMC Sierra 3500 bearing Vehicle Identification Number 1 GDJC34K07E523049 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 March 26, 2007. 4 COUNT II BREACH OF CONTRACT 19. Paragraphs 1 through 18 above are incorporated herein by reference. 20. Pursuant to the Contract, Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services, has defaulted by his failure and refusal to pay installments in arrears, the sum of which (including late fees and unpaid charges) is Two Thousand Eight Hundred Sixty-Five and 28/100 Dollars ($2,865.28) at this time and increasing monthly. 21. 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. 22. Pursuant to the Contract, Defendant, Virgil E. Geidel d/b/a Geidel's Mechanical Services' 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. 23. To date, Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services owes GMAC the outstanding balance of Twenty-Three Thousand Ninety-Nine and 76/100 Dollars ($23,099.76), plus late fees and costs. 24. The Contract provides that in the event the Defendant Virgil E. Geidel d/b/a Geidel's Mechanical Services 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. 5 WHEREFORE, GMAC demands judgment in its favor and against the Defendant Virgil E. Geidel, individually and d/b/a Geidel's Mechanical Services for: a. The sum of Twenty-Three Thousand Ninety-Nine and 76/100 Dollars ($23,099.76), 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 BREACH OF CONTRACT 25. Paragraphs 1 through 24 above are incorporated herein by reference. 26. On March 26, 2007, Defendant Max L. Gibney signed a Third Party Guaranty guaranteeing to the Seller, or any assignee of the Contract, payment of all payment required under the Contract and agreeing to pay on demand the full amount remaining unpaid if the Buyer failed to pay any payment when it was due or breaks any of the agreements in the Contract. A copy of the Third Party Guaranty is marked as Exhibit "D", attached hereto and its contents incorporated herein by reference. 27. Pursuant to the Third Party Guaranty dated March 26, 2007, GMAC sent Defendant Max L. Gibney, a Notice of Default by letter dated December 1, 2009. A true and correct copy of said Notice of Default is attached hereto as Exhibit "E" and incorporated herein by reference. 6 28. Pursuant to the Third Party Guaranty, Virgil E. Geidel d/b/a Geidel's Mechanical Services' default entitled GMAC to demand from Guarantor, Max L. Gibney payment of the full amount remaining unpaid by Virgil E. Geidel d/b/a Geidel's Mechanical Services. 29. Defendant Max L. Gibney, has refused to cure the default, the sum of which (including late fees and unpaid charges) is Twenty-Three Thousand Ninety-Nine and 76/100 Dollars ($23,099.76) at this time and increasing monthly. WHEREFORE, GMAC demands judgment in its favor and against the Defendant, Max L. Gibney for: a. The sum of Twenty-Three Thousand Ninety-Nine and 76/100 Dollars ($23,099.76), 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 (14- :22 J. Stephen Feinour, Esquire Supreme Court ID. No. 24580 Joshua 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 Dated: December 11, 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 and belief. Ko ee Thao Semperian Agent for GMAC Date: 12-11109 EXHIBIT "A" RETAIL INST' LM TENT SALE CONTRACT GMAC FLEXIBLE FINANCE PLAN • Dealer Number Contract Number Buyer (and Co-Buyer- Name and address include county and sp e) Creotbr (Setter name and adoresal •GEIOEL'S PIECHRNICAL SBAYrCeo RRHRN MOTOR COWANY INC B 178 RED TWAT ROAD 1402 HOLLY PIKE BOILING SPRINGS PA 17001 CARLISLE, PR 17013 CUMBERLAND You. the Buyer (and C"uyer, d my), may buy the "NCe described bill ow to cash or on aedtl By string ate Convel you Choose to buy the vehicle m credit under ten agreement, m the tmt and back of this contract You ag?hl e to ay us, the Credddr, the Amount Financed and Fhnance Charge according to tee payment athedlite Shown below We will brume Iht Finance Charge on a P ast, bl usis NEW 12007 GKC K 3502 PIC I IGBIC34907E523049 I )QPBt9p1al'teney'orhous0h0d ?agnculswal our vao0•n*a. Tate ----- mexe --.. FEDERAL T RUTWIN-LENDING DIsCLOSt ANNUAL E- I Amount Tout 1 1 PERCENTAGE CHARGE Finani:ad Tha am : RATE The dollar The amount of wall Mv9 The Coat of your onburit the CfedlI pdvdd ro you have trees as a yearly Crada will cost you or en yam payna X4.90 443. t67.6 4 Insurance. You may buy rte physical damage Tops Sale Prig ri Kist, rea this comrect recluses ("a back) hoar The teal d cost anyone you chooaa whoa ictspuWe b m you are your ptlotlee e On your p a O not required to buy any other ligaments a obtain lrtdu V Ing ago Yom decision to buy or not buy other Irndwarnt9 will not be a factor in the Credal approval otf f If any is"ce is cheated babes, policies of Ctetifdates from Und named end rance com ani s ll p e wi u describe the terms and conditions V.- Pwmewr eel,Mur WIN a. Number of ants Amount of Payments When Payments Follows S Monthly beginning nnerge. II payment g mar _g, n sal WIVan IV day4 Charge If die vehicle is a head tommeroal moor vehicle, the cn payment that is We Otherwise. ee Charge will be 2% per month tae, fouef bead on a he calendar month for any pan at a month Prepayment. X you pay odd all your daps eery. you Will not have to Security hnteraaL You are gnng a setumy interest in the vM.W Addnbnsl Information: SON INS contact to, more mamma nonpayment daeull, any required repayment in bit before the sehe ITEMIZATION OF AMOUNT FINANCED 1 Casts price (including any accaesones, semces, and Isxes) 2 Total downpaymenl at IN nsoeas enter'0' and sae tee sH 3 Unpaid balance of cash price (1 moos 2) a Other charges including amounts pad to omen on your behalf keep pan at mete amounts ) A Cost of optional Credit inawance pad to cite insurance company or companies Lila f N/A Disability S / f e Omer Imorarae pad In the im ura ice company (describe) S C Official Its pad to government agencies _ f D GCyammem lazes not included in Cash price _ S E Government license andlo regndtratan lees S _ F Goveranent ceMicate of vile leas (shduslin S my merest recortrg a) S G Other charges (Seller must danbty who is pad and desrnbe _ to SI a tJMHL b for S - te INIH to S to to $ to N/A fo N/A to N/A for N/A S- H Net Irad_e-lnpayo f to / $ s 8 7 Or as Check the insurance you want and sign below Optional Credit Insurance. ?CredMPl4 ? Buyer ?Co-Buyer Tom dIs w, you will pay a late O Crsmt OWgi y (Buyer Only) wed e% of the pan of the .P. d ell payment trial Is Term amor than tar days N/A pan Du rid M information about Premium CredtulaS N/A Crest DrsabilIVIA do and security interest (millInflce Company) s 39727. 1A) (Home Office Address ) Credd too meuraae and Credit *Modify insurance are not re r deci i n t uired to obtain creoe Yo q o o u s buy or not by crdu We endurance and cradrt daabay andurance wen net be a factor n On croon 7Tr approval process They we nol be provided unless 1900. 0O i R) you sign and agree to pay the extra cost Credit We insurance pays the unpaid pan of the amount f"J14C1-115) financed it you me This insurance pays only the may N amount you would ode if you pad all your payments on time Credit disability mwrance pays the scheduled payments due under mg contract while you are dlaabtd The insurance does not cover any increase in your payment a in the number of payments The policies or certificates issued by the named insurance companies may I~ last the N otworage coal credl life or credit dsabdlty Insurance provides. See the polices or certificates br coverege mans and other terms and Conditions N/A Other Insurance. N/A ? 13. Type of Inuit Tenn i, Premium $ N/A 55 a N/A (Irndurence company) . f l (Hama Omto Address) i l. I A worm the nsura decked above A X A Buys, Slgnak.. Date R X R Co S yon Signature Date s 340. s-3DT7. 11 ANY INSURANCE REFERRED TO IN THIS s? s CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. N you do not meet your contractual obligations. you may lose your motor v6hiete. NOW THIS CONTRA CAN BE CHANG . Tess contract congers I is e to "ment between you and us relating to this contract Any Charge to the comrad mu e i w rig e t aI o oral Changes are bind a S X Co-Buya Splg X It any pan d the t a rat valid, alt other parts stay valid We may delay refrem from enforcing any of sum rights under live Contract without go" item For example, we may axtww doe ane k% making acme payments wtdvwt ma urns for making odors You NuthoriZe us b obtain information about you, or to vehicle you tg. from the state mob( vehicle departrrent or other moor vehicle registration "greatest See back fat other Important agreements. Do not sign this contract on a Sunday. The Annual Percentage Rate may be negotiable with 140 tier. The Seller may assign this contract and retain its right to receive a part of the Finance Charge. Nortic to Buyer. Do not sign this contract in blank. You are a titleld to an exact copy of the contract you sign. Keep it to pro t yo r legal ht Buyer sign X Date II Coeuyer Bgna X Date You agree to the terms of this contract. You onfirm that before you signed this contract, we gave it to you, and you were free t take it and re de it. You confirm that you received a completely filled -in co h In si iL 03/2 /07 N/A Buyer n X Oat Co•Buysr $gne % Data CoBuyers rid Om r Owners - co-buya Is a person wdro nd rsapoms to Paying tlto thrum debt M War owner ie a person whose name is on the ode to the vehde but does not have to pay the debt The Wet -1 1. b m my rnteren in the vehicle ghat a us in this ommoct Omer owner signs here x Date 03/2 /07 Address Creator sons GRAHAM KOTOR COMPANY Date03/26 07 av X r-7--7 . /.?....-' .) Tor J.-J. Seder assgrhs es wtereal n the walla b MAC ? vet N NOrh.1 Auto Finance ? GMACAB ? NuvN CheAt Company. under the tams of Seller's agreement(s) with asAfte Assgned with recourse Assigned witlhbrl recourse or with knifed recourse GRAHM MOTOR C11 ? PANY Sena B Title Satyr 13Y Title Z109 FR-PA 10/2006 (For Use in the Slate of Pennsylvania) (1 of a) JHIUI?: 5- Other Sds ORIGINAL Copyright 2006 GMAC All Rights Reserved OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS s. How we win figure Ft.*- Charge. The Finance Charge n figured on a daily hams at the Annual Percentage Rate mew unpaid pan of the Amount Financed 0. How we wed apply psymerns. We Will apply each payment first ronpthe owned and unped part of the Finance Charge. and man to the uad part of the Amount Financed o. How Ism payments W early payments change what you mind pay. We based the Finance Charge. Total of Payments, and Total Sale Price shown on Ilia front on gin YarumlseOn that you will make every payment on die day it is due Your Finance Change. Total of Payments, and Total Sets Price we be more if you pay late aid less d you pay early. Changes may lake ode form of a larger or smaller food payment or, at Our option, more Or fewer payments of the sane amount as your scheduled psymem With a smaller fsa payment We will sand you a notice losing you about hoses Changes before the final scheduled Payments due 2. YOUR OTHER PROMISES TO US a. It the vehicle is damaged, destroyed, or musing. You agree to pay us ad you owe under Nu contract ave. I me v.NGI. Is damaged. destroyed, or rmswng b. Using the vehicle. You agree riot to remove the vehicle from the U S or Canada, or to sort, rem, leaser, ov herder any nlemort in the We or the cornracl Without our when permuon You agree not to "a"' the vehicle to mature. sairtaa, Confiscation, Or nvakwery transfer If we pay arty repair Gels, swipe best, texas, lass, or Charges on the vehicle, you agree 10 repay the amount when we ask for it e. Security Interest You We us a security interest in 1 The vsh se and as parts or goods restated in Inn, 2 AN money W goods received (proceeds) for the vehae. d AN insurance, maintenance. service, or other connote we finance for you, and e M prOceads ham insurance. maintenance, service, or other contracts we finance for you This Includes any refunds of pmrteume or charges ham ell Contracts TMs secures payment of all you owe on din contract It also natures your other agrearrents n the Contract You will make sure the title shows our security interest pen) in it-& vehicle it. Insurance you must hove on the vehicle You agree to heve physical damage insurance covering loss of damage to the vehicle for the harm of this contract The Insurance must roves Our Merest in ale vehlCle If you do not have Ilt15 insurance. WB may, it we decide, buy physical damage Insufalta. It We Made to bat physical damage insurance. we may buy Insuranco that coven your honest ale ter interest in the vehicle II we buy this insurance. We WI lire you to charge you mist pay The charge will be the premium for the Insurende and a finance charge at the highest rate the I&W permits If the vehicle s lost or damaged. you agree net We may Ins any insurance settement to reduce what you me or repass the vehicle f. What happens to r.turned Insurance, maintenance, "mice. or other canvas charges. II we get a refund of Insurance. maintenance, MmICS' Of other Wired dmges, YOU agree mat We may subtract me refund Imm What you me g, YOU MAY PREPAY You may Prepay MI Or Part M tie unpaid part of the Amount Financed at aft me without penalty II you do so. you nest pay sire earned and upped Part d the Finance Charge and as other anetaes due up to the date of your payment 4. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late charges. You will pay a late charge on each late payment as shown on pig trot. Acceptance of a late payment or late Charge does not excuse you late payment Or mean that you tray keep me" late peymeme. 11 You PM late, we may atso take the dept deacnbed below 0. You may hove to pay all you owe in once. IT you Moak your presses (deault), we may demand that you pay an you owe on the contend at once Default mean 1 Ycu do rot Pay airy paymom on sine, 2 You start a proceeding of bankruptcy, or one I$ sated against you or your property, or J You break any agreformi its In OU contract. The amount you Witt owe one be Our uripad part of me Mount Financed pike the earned and unprid pan of ell Finance Chargo, any late charges, and any amounts due because you defaulted e. You may hove to pay collection Gods. It you default and we have to go to Can to recover tie vefrcls, you will pay the reasonable enomey's fees and court =is. as the law permits You We also pay any adomey's lees and coal costs a town awards us it. We may take the vehicle from you. It you default, wo may take (mpossessl the vehicle from you if we do so p nscaMly and ft* few ago" II It your WelacN has an alecaorae UWJNV device. YOU agree dial we may use this deuce to find the vehicle ff We take the vehicle. any state rtes, equipment. and replacement parts we stay With U. vehicle If any personal trams am in am vehtle, we may store theirs for you at your expense It you do no ask far these items beck, we may dtsposa or dam as de law allows a HOW you Gan gat the vehicle back H wo take rt. O we repossess the vehiW, you may gel a back by paying the unped pan of the Amount Financed plus it* earned and u fisted pan of the France Charge. any fats charges. and any otter amotrnts dug because you debated (fedseml. Your right to redeem ends when we sail the vende We Well tell you how much to pay to redeem If we mposeess the vehicle, are may, at - option, allow you to get the vehicle back before We sell d by paying all pad due Payments and late charges (renslate) We wdl tell you d you may reinstate and how much to pay cal you may It you Were in defeat for mono than 15 daya when We took me vehicle. the amount you must pay to redeem or rewlelate ere also include she expenses of takng the vehicle, rgldlg it, and preparing it for sale 1. We will wall the vehicle 11 you do not got it back. If you do not redar m. we will S80 iha vahlae We will send you a written notice of sale before selling the vefhae We wee apply the money front the sale, lose ¦amwed expenses, to the amount you owe Alloyed exposes are expenses we pay as a drawl resat Of taking the voll holding 9, preparing it fan sale, and seeing it. as the law allows Reasionable oaomay, fees and court costs the law Permits are also altowed expenses If any money a led (supkel. we wit pay it to you If money tram gin sine Is not enough to pay the mount you owe, you Rust pay se ram to us ff you do not pay this amount amen We ask, we may Charge you infered at site highest lawful rate until you pay p. What we may do about optional Insurance, maintenance, servlcw, or other Contracts. This contract may canton charges fa opb" msuranda. maintenance, service. Or other contracts If we repossess the Wehrle. we may dawn benefits Linder these Contracts and Canal them to obtain refunds of uner med charges to reduce what you owe o repaa die "hate If the vehicle is a total toss because it is conM1scated, damaged. Of etaer. We may drum bohelns under Otese contracts and penal aim to obtain m1unds of faMained charges to reduce what you owe h. Summary notice regarding prepayment and reinstatement. You may prepay All Or ply Of the amount you owe under tra contract at only bong WdW PAWN If you do se. you Only have to pay ell asmed and unpmd pot of the Finance Charge and all 0Ner amounts due up to the date of your payment 11 you default and we mpeseasa de vehicle. We may. at our option. arcs you to got do vehxde bad before we sea 9 by paying as peel due payments, lax Charges. and expenses S. WARRANTIES SELLER DISCLAIMS The 101" paragraph doss rat affect any Warrens covining tln vehxse suit the vehaie manufacturer my provide. The following paragraph also foes not apply at all of you bought the vehicle pmmonly far personal, family. or household use Unless the Seller makes a written warranty. Or enters Into a "mice contract within 90 days from the date of this conned, the Seller, makes no Werranbes, expreas or Implied, on the vehicle, and there will be no implied werreettaa Of merehaiuiblny or of fit- Ier e particular purpose. 6. Used Car Buyers Guide. The Information you wear an the window farm for this vehicle Is part of this contract. Inurmslan on me wkWbw form overrides any contrary pro miloee in the contract of sale, Spanish Translation: Guile pars compredoree do vshleuloo usades. La Informachin pus ve on al lormulsds de is venhndla Pea eau vahicub forma Parts del Presents cemrato. La Ieformacf6n dal fen fulano de te vantanies date sin atacto tide dnponicldn en contrwdo comenda an at contmto da vents. 7. APPLICABLE LAW Federal law and Pennsylvania law apply to tlla 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" F9 k-A • 12 I ?i • ?^Np r m t o? • • • w •1?:u cy) • C T) N C3) CERTIFICATE OF TITLE FOR A VEHICLE b -1604 0709b0051002970-002 1GDJC34K07E523049 I 20071 GMC 1 6454926501 GE VEHMCIE IOENTIFICATION NUMBER YW ? VEHICLE MAKE TITLE TK 1 01 fi . 1 5/01/071 000052 1 0 800v Tv PE OUP SEAT CAP PRIOR TITLE S1 ATE OOOM PROCD DATE ODOM MOLES ODOM STATUS 5/01/0? 1 5/01/07 I 5,580 1 11,400 1 DATE PA nTLE0 DATE OF ISSUE UNLADEN WE -O,.T OVwfi GCWR TITLE BRANDS MMTERED OWNEei(SI GEIDELS MECHANICAF"+vk?wl•c?•tan? SERVICES 176 RED 'LANK RD BOILING SPRIGS PA 17007 FIRST LIEN FAVOR OF GMAC SECOND LIEN FAVOR OF ODOMETER STATUS o ACTUU W ZAGE . Aw f A„E E.ccros rw Mcc- mjm L?rt? wI, I, E ACTwu MAEAOE IDT U ACTUAL MIEAGE000METER TAMP"" VaRW t - EXEMPT "IOM DOOM ETPA OISCLOSUIRE TITLE SRANDS A . ANTIQUE VEHICLE C • CLASSIC V180IXE D - COLLECTOM VBIIIXE F • OUT OF CQUIITLV G . OEV09YKLV MFGD FOR NON U 8 DtSTRrYT,ON „ . ApmCULTURAL VEHICLE L • LOOOM VEHICLE P • ISIWAS A PONCE VEHICLE R . DIED S • STREET ROD T • RECOVERED THEFT VEHICLE V • VEHICLE CONTAINS REISSUED VIN W . FLOOD V60CLE X . ISMIAS A TAXI e a MAcaw lwft M a Into Upon etl11111d= of the w lift the IM "Allwift MW t011A1fd In Tat to IM DA"u of Motor V11.dw we Wa FIRST LIEN RELEASED ' APPI'oPrlaM tom' aw fF1 DATE BY SECOND LIEN RELEASED AUTHORIZED REPRESENTATIVE DATE MAP-M ADDRESS BY AUTHORIZEO REPRESENTATIVE GMAC PO BOX 8140 COCKEYSVILLE MD 21030 • I co ft a of to &W of ww SN OniLTel Nw ft of Su PmwAwm DgwWrnnt ALLEN D 6I E H L E R d Twr"arm m I0111G LIw ft p s"al or Dwo" Iwnad NOON a " wmu oww of ftow Pill IealtaED AHD SWAN SEFOM ME fl. rrrI ,,.•M - wm l a C..#- . f- r w rr•oF Ars.a•1 800MTW OF AFPUpANT on AVTKOMWD 414140 N 1 aDW*t"w other INan your "am is NOW and you wwK M aee b be bated w 'Joint Tenants WM Right of SunrNa hiW (On death of or* owner, We goes to Surviving owner) CHECK HERE O Odwwhw ft fat wsl be blued as Tenants in Canngn• (On death of one owner, Inwmt of deceased ownef goes to hmft r heirs or estate) IST LIEN DATE ? IF NO LIEN CHECK 13 IST UENIIOLDER MEET Cm STATE ZIP IF THIS IS AN ELT, CHECK HERE FINAN - NOTE FIN REOLARED INSTIYITTIDN NO 2ND LIEN DATE ? IF NO LIEN CHECK 0 2ND UENHOLDER STREET CITY STATE zip som7um p oo AFPUCAKtnmA OF AUTHOM D O&M IF TW IS AN ELT, CHECK HERE FINANCIAL NOTE FIN FXQUIRED INSTITUTION NO P9 L J + a &S • • • • • • • • • I I 1 EXHIBIT "C" *4 X?kWa-$4WIw-k A t t o r n e y s A t L a w Please reply to P. 0. Box 840 Harrisburg, PA 17108-0840 Joshua D. Bonn, Esquire Jbonn@nssh.com November 30, 2009 Via Certified Mail No. 7009 1680 0000 2106 8819 and Regular Mail Geidel's Mechanical Services 178 Red Tank Road Boiling Springs, PA 17007 In re: GMAC Account #024-9105-72381 2007 GNIC Sierra 3500 Dear Geidel's Mechanical Services: 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 August payment in the amount of $595.37 and the September, October and November payments in the amount of $718.52 respectively, plus late charges in the amount of $114.35, for a total delinquency of $2,865.28. Unless you dispute the validity of the debt described above within seven (7) days of the date of this letter, we will assume that the debt is valid. If you notify us within seven (7) days that the debt is disputed, we will obtain further verification of the amounts owed and mail such verification to you. Pursuant to the terms and conditions of the Retail Installment Contract with GMAC that you signed, you are hereby called upon to cure the default by paying the sum of $2,865.28 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. Su p e r i o r analysis. E f f e c t i v e s o l u t i o n s. S i n c e 1 8 7 1. Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street • Harrisburg, PA 17101 • 717.236.3010 • fax: 717.234.1925 • www.nssh.com Geidel's Mechanical Services 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 2007 GMC Sierra 3500 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 EXHIBIT "D" r m z 1- d O t E E El it d o L c o a w t- m U o ? co ? ? N v ? w N o c m ? o ? a W "D Z? a? E c c 0 y a Nm Q. C) U C ._.+ t4 c? ? ? rr E N Q ? Q ? y y d CL V m 0 - c CL •a ? ? ? L O a0 ^ e p c'a V O c >1 a 0 cc M ,? o a Q E ° c 0 co co V *s CD CD c 0 - c (D CD U r O 41 E p ?? ? U) CC C° HV U7 O a () c .=. CO O O U ti: m .. a?a oc i m 10 o f ? c 0 Lo0 0) L c c? E E c O= w -c c O U) M :5 E a O 0.0 o c U V ae t ° ?m o q 0.0 ?_ c C r ? C7 a? ? ' c ay m a ?? c - IN ' cc o E .8 .0 ?- 46 C m c? 0M C ?? c g c o - c c 3 a' ? .? td >? U ., «• d E m ?` 3 Do sn CL >, 0 0 K 0 CD d 0 of ( Z Q.+ cc E 1-0 L m U w EXHIBIT "E" • QK A t t o r n e y s A t L a w Please reply to P. 0. Box 840 Joshua D. Bonn, Esquire Harrisburg, PA 17108-0840 Jbonn@nssh.com December 1, 2009 Via Certified Mail No. 7009 1680 0000 2106 8833 and Regular Mail Max L. Gibney 208 W. Pine Street Mount Holly Springs, PA 17065 In re: GMAC Account #024-9105-72381 2007 GMC Sierra 3500 Dear Mr. Gibney: Please be advised this office represents GMAC and in that connection, Geidel's Mechanical Services' 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 Third Party Guaranty related to Geidel's Mechanical Services' Retail Installment Sale Contract that you signed on March 26, 2007, you agreed to pay on demand the full amount remaining unpaid if Geidel's Mechanical Services failed to pay any payment when it was due or broke any agreement in the Contract. Please be advised that Geidel's Mechanical Services is delinquent in paying the August payment in the amount of $595.37 and the September, October and November payments in the amount of $718.52 respectively, plus late charges in the amount of $114.35, for a total delinquency of $2,865.28. GMAC has demanded Geidel's Mechanical Services cure the default and it has failed to do so. Pursuant to the terms and conditions of the Third Party Guaranty that you signed, you are hereby called upon to pay the delinquency of $2,865.28 within seven (7) days of the date of this notice or we will file a law suit against you for the full amount remaining unpaid by Geidel's Mechanical Services in the sum of $23,437. 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. S u p e r i o r a n a l y s i s. E f f e c t i v e s o l u t i o n s. S i n c e 1 8 7 Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street • Harrisburg, PA 17101 9 717.236.3010 • fax: 717.234.1925 • www.nssh.com Max L. Gibney Page 2 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. 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 payments, then, GMAC will exercise its remedies, including (but not limited to) filing a lawsuit against you and Geidel's Mechanical Services for the repossession of the 2007 GMC Sierra 3500 and for breach of contract. If GMAC is forced to file a lawsuit against you, it will seek payment of the entire amount owed 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 0-0-1 C-F 7t 2: 12 Ck4 3sSPQ NAUMAN, SMITH, SHISSLER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court ID. No. 24580 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 rr : NO. 09 : CIVIL ACTION VIRGIL E. GEIDEL, individually and d/b/a GEIDEL'S MECHANICAL SERVICES, and MAX L. GIBNEY, . Defendants ACTION IN REPLEVIN PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of J. Stephen Feinour, Esquire and Joshua D. Bonn, Esquire, as Attorneys for GMAC, the Plaintiff in the above captioned case. NAUMAN, SMITH, SHISSLER & HALL, LLP Stephen Feinour, Esquire Supreme Court ID. No. 24580 Joshua 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: December 11, 2009 AtED--,,:, :RCE `ft Tl-' m n!n? xARY 2009 DEC t 4 PM 2: t 2 cuiv SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor c-ERIPF „E F1i rt GMAC vs. Virgil E. Geidel, individually 2L'n7 v il+ La a Case Number 2009-8602 SHERIFF'S RETURN OF SERVICE 12/16/2009 Thomas Kline, Sheriff, who being duly sworn according to law, states that on December 16 at 1339 hours this Complaint and Notice upon defendant Virgil E. Geidel is returned not served per request from Sherry A. May, Paralegal to Joshua D. Bonn, Esquire. 12/16/2009 Thomas Kline, Sheriff, who being duly sworn according to law, states that on December 16 at 1339 hours this Complaint and Notice upon defendant Max Gibney is returned not served per request from Sherry A. May, Paralegal to Joshua D. Bonn, Esquire. 12/16/2009 Thomas Kline, Sheriff, who being duly sworn according to law, states that on December 16 at 1339 hours this Complaint and Notice upon defendant Virgil E. Geidel d/b/a/ Geiderl's Mechanical Services is returned not served per request from Sherry A. May, Paralegal to Joshua D. Bonn, Esquire. SHERIFF COST: $60.00 December 16, 2009 SO ANSWE ' i M R THOMAS KLINE, SHERIFF (C County Suite Shenfl. Teieasoft. Inc NAUMAN, SMITH, SHISSLER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court I.D. No. 24580 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. : NO. 09-8602 Civil Term VIRGIL E. GEIDEL, individually and d/b/a : GEIDEL'S MECHANICAL SERVICES, : CIVIL ACTION and MAX L. GIBNEY, Defendants ACTION IN REPLEVIN PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND : KINDLY mark this action discontinued without prejudice. Respectfully submitted, NAUMAN, SMITH, SHISSLER & HALL, LLP ,Jdshua 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 Dated:December 15, 2009 Counsel For: GMAC APPROVED by GMAC on this day of C?+ _ By: Name and Title E OF THE: !fit t' Y 2009 DEC 18 PH 12: 32 V'IA'i.