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HomeMy WebLinkAbout10-0641NAUMAN, SMITH, SHISSLER & HALL, LLP J. Stephen Feinour, Esquire Supreme Court I.D. No. 24580 2C 1 t JI: `1 26 ( 2: t f Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 200 N. 3rd Street, 18th Floor CounserPor 61V 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. l0 - t?? i Civ l'rM V. : CIVIL ACTION JAMES A. KORING, Defendant 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 &Atephen Feinour, Esquire Supreme Court I.D. 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: January 25, 2010 I L'J 1 I' J"" a I I 1 L. 1 y 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. 10 - U41 CtvilTer" JAMES A. KORING, CIVIL ACTION Defendant ACTION IN REPLEVIN NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE, PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 (800) 990-9108 *qa. oo P Q ATN 0-0 35141 PT's a-Qit.aa(, 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 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 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 J. Stephen Feinour, Esquire Supreme Court I.D. No. 24580 Joshua D. Bonn, Esquire Supreme Court I.D. No. 93967 200 N. 3`1 Street, 18`h Floor P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC Dated: January 25, 2010 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, PENNSYLVANIA V. NO. JAMES A. KORING, : CIVIL ACTION Defendant 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, James A. Koring (hereinafter "Defendant") is an adult individual presently residing in Cumberland County at 726 Colonial Court, Mechanicsburg, PA 17050. COUNTI REPLEVIN 3. On September 3, 2007, Defendant entered into a Contract with Kelly Cadillac, Inc., Lancaster, PA 17601 (hereafter "Seller") for the purchase of a 2007 Saab 9-7X, bearing Vehicle Identification Number 5S3ET13S472804245 (hereinafter "Vehicle") for a net purchase price and finance charges in the amount of Forty-Five Thousand Seventy-Nine and 20/100 Dollars ($45,079.20). A copy of the Contract is marked as Exhibit "A", attached hereto and its contents are incorporated herein by reference. 4. Defendant, pursuant to the aforesaid Contract, agreed, inter alia, to make sixty (60) installment payments in an amount of Seven Hundred Fifty-One and 32/100 Dollars ($751.32) each, commencing October 18, 2007, and payable on the same day of each successive month thereafter, for a total obligation of Forty-Five Thousand Seventy-Nine and 20/100 Dollars ($45,079.20). 5. Under the Contract the Defendant granted the Seller or its assignee a security interest in the Vehicle and its proceeds. 6. Defendant, pursuant to the aforesaid Contract, agreed that in the event of default in any payment due under the Contract, or the failure to comply with any term or condition thereof, that the Seller of the aforesaid Vehicle may take possession of said property, including any equipment or accessories thereto, and for this purpose Seller may, in any lawful manner, enter upon the premises where the said property may be and remove same. 7. On or about September 3, 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-Seven Thousand Seven Hundred Fifty and 16/100 Dollars ($27,750.16), plus late charges. 12. GMAC sent Defendant a Notice of Default by letter dated January 19, 2010. 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 James A. Koring, 726 Colonial Court, Mechanicsburg, PA 17050. 16. Vehicles of this model and class have an average wholesale value of Sixteen Thousand One Hundred Fifty and 00/100 Dollars ($16,150.00). WHEREFORE, GMAC prays that this Honorable Court enter judgment in favor of GMAC and against the Defendant for: 3 a. Possession of the 2007 Saab 9-7X bearing Vehicle Identification Number 5S3ET13 S472804245 or in the alternative, the market value of the car in the amount of Sixteen Thousand One Hundred Fifty and 00/100 Dollars ($16,150.00); 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 September 3, 2007. COUNT II BREACH OF CONTRACT 17. Paragraphs 1 through 16 above are incorporated herein by reference. 18. Pursuant to the Contract, Defendant has defaulted by his failure and refusal to pay installments in arrears, the sum of which (including late fees and unpaid charges) is Three Thousand Thirty-One and 70/100 Dollars ($3,031.70) 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-Seven Thousand Seven Hundred Fifty and 16/100 Dollars ($27,750.16), 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-Seven Thousand Seven Hundred Fifty and 16/100 Dollars ($27,750.16), 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 k.ttphen Feinour, Esquire Supreme Court I.D. 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: January 25, 2010 5 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, info alonbelief Kolee Thao Semperian Agent for GMAC Date: ` /? 0 EXHIBIT "A" RETAIL INSTALMENT SALE CONTRACT GMAC FLEXN3LE FINANCE PI AN LI- Dealer Number Contract Number V20 ? q l I ? - ?50 15 Buyer (and CO-Buyer) - Name and address Include county and zq) code) Creditor (Seller name and address) JAMES A KORING KELLY CADILLAC INC 58 COLONIAL CREST DRIVE 1986 STATE ROAD LANCASTER PA 17601 CO; LANCASTER LANCASTER PA 17601 SEP 1 0 20g?` You, the Buyer (and CO-Buyer it any), may buy the vehicle described below for cash or on credit By Signing INS Convect, you choose to buy IN vehicle on credit order the agreements on the Irons and bilk M mw r•r.ni.=.r v.-...._ ._ __...._ Deymem aeneduls shown below We will figure the Finance Charge on a daily basis 11-0 charge according to me Model FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL FINA PERCENTAGE NCE CHARGE Amount Fi Total of Payments Total Salo Prlca RATE The dollar nanced The amount of The amount you we have Paid after The total cost of The coat 01 your dit amount the cretlrt provided to you have made all your Purchase on credit Including cre as a yearly at Credit wI0 cost you or on your payments as , your dowfgavtxnt e 0.00 % S you 0.00 behalf S 45079.20 Scheduled a 45079.20 , l 3U • ot1 ?1?67TOb0-'s Your Payment Schedule Will 8, Number of Pa manna Amount of Pa moms When e Payments Do* Or Follows S Monthly beginning L I Ch a e arge. 11 a payment is wel leceweo in full mini. 10 4' s after it is due. you vita pay a charge If me vehicle is a heavy commercial _,Or vehicle. charge will be 4N. of me pad Ilate the payment That rs late OlherwlSe. the one, will be 2% per month of the pan of the payment that is line, figured based on a lull calendar month for any pan of a month trial Is more than 10 days PlCPSYMI ill. If YOU pay oh all Your debt early, you will not nave 1. pay a penalty Security Interest You are giving a secunty mterest In the vehicle oeingporchased Additional Information: See this contract for more mfOnMel- including inlommtion about nonpayment, default. any required repayment m lull belore the scheduled date, and secunty Interest ITEMIZATION OF AMOUNT FINANCED I Cash price (mcludingany aaessores e,vw and M) E 4347500 t ( ) 2 Total dowripsyment = (11 negauy enter 'c' and silo line 4H below) Gross vade-m3 N/A -payoff byset,s N/A = rip trade-m s If case s 630-80 Oft, (downbe)RERATE s 500-00 E 1130.80 (2) J unpaid balance «casn prove (I minus 21 S 2 (3) 4 Other charges including amounts paid 10 offers on your behalf (Seller ma keep pan of those amounts I y A Cost of optional credit insurance paid to the .nsurance company or companies Life S N/A 0-thday s V s N/A B Other insurance paid to the Insurance company _ (dead I.) E N/A C Otiaal lees pad to government agencies S--TA D Government taxes not Includetl in cash price E E .iovemment license an ifor regislratwn lees REG=136.00 $ 36.00 F Government camhtete of title leas I,1Gudes { SCCUnIy yiieresi rBCOltling 19x) E 27.50 G Omer charges (Seller must identify who Is polo and dew be e) for $ N/A to KtLL DLL 1« C FILE s 33.00 to N/ for I s----ff7A--- w for s - N1A - to for s- H No, fired ft - $ TOI91 of re, Charges and amounts pad to others 0 your benail S 2735.0 (4) s Amount Imanced 13 .4) s_45 9.20 (61 6 Finance Charge E 0.00 (6) T Tg_tel of Payments - time balance IS 61 E SG (7) f You fld not meet your contraeer=r nt.e....__. Insurance. You may buy the physical damage ?nsurence this contract requite, (see back) from anyone you choose who is acceptable to us You are not required to buy any other virulence to obtain credit Your deCtslprh to buy or not buy Other insurance will net be a factor in the credit approval process It any insurance IS checked below, PdiCies 0! certificates from me named insurance companies i dewnbe the terms and conditions Check the insurance you want and sign below: Optional Credit Insurance. 0 Credit */ A O Buyer ? Co-Buyar Term ? Credit lYjgNty (Buyer Only, Tom IY/ R Premium N/A Credit Life E N%wdnD-saodnys ???N77T (Insurance Company) _N!A (Home Olhce -Address) Credit life mumme and credit dieablllty Ineurance are not required re obtain Credit Vow decision to buy or nor buy credit life Insurance and credit disability insurance will not be a feel., m the credit approval process They will not be provided unless you sign and agree to pay the ram cost. Credit 1,10 mswance pays the unpaid pan of me amount Istancod n you the This Insurance pays only the amount you would owed You paid all your payments on I4ne Credit d'.b ky insurance pays rho scheduled payments due under in,. contracl while you are disabled This Insurance does nor cover any Increase M Your payment or in the ...be, of payments The Policies or certificates issued by me named insurance companies may further hind the Coverage that credit life or credit disability Insurance Provides See the policies a cemlicass for coverage limits and other terms ind conditions Other insurance p N/A N/A Type of Insurance Term Premium $ N/A N/A (Insurance Company) (Home Oilwe Address) I want the Insurance checked above X Buyer Slgnatu,e Date X Co Buyer Signature Date ANY INSURANCE REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR PERSONAL LIABILITY AND PROPERTY DAMAGE CAUSED TO OTHERS. HOW THIS CONT CT CAN BE CHANGED. This contract or contract mu oi tains me entire agreement between you and us relahng to nus cont,- Any change to the ,ling No oral changes are binding Buys r $ n an emus n co-buyer Signs X If any pa t this contract is not valid, Aglother pans stay valid We may delay or refrain from enforcing any of our rights under this contact without Sing Ms. For ..ample. we may eaend me time for making some payments without extending the ems for maklrfg omels You authorize us 10 obtain Information about you, or me vehce you are buying, Irom the state motor vehicle department or Other motor vehicle registration authorities. See back for other important agreements. .,., nv, alga rma cone act on a sunday. The Annual Percentage Rafe may be negotiable with the Seller. The Seller may assign this contract and retain Its right to receive 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 protect our Je al r' fits. Bever signs ,(j Di 9/03 2007 co Buy«signsX Date You ag•ee to the terms f this contract. You confirm that before you signed this contract, we gave it to you, and ouh ou rt were fr a to ake It and review it. You confirm that you received a completely filled-In cop . Buy., S,D.Q9/03/2007 co=Boy., Signe X Date eo•Buyars aKtl Other owner • A co er is d person vino 15 maponsibte for paying the enure dabl An lamer ovine, Is a person wnoso name the vehicle but does not have to pay the debt The other owner agr.as to the secuntyInterest, in the veh10N gwen to us in this cont-t Is on the IIIIe to Other owner Signs here x Dale Address c,werd,signsKELLY CADILLAC INC o.Q9/03/2007 n x 1J i_ _ Zvi better assigns Its interest in due contract to GMAC O Nuvaa National Aum F-rc ? GMACAB !7 Nuvall Creot Company, Il under the term: of Sellers agreement(s) with assones ELLY CADILLAC Zi09 FR-PA 10/2006 (For Use in the Slate of Pennsylvania) (t of 4) Notice. See Other Slue Copyright 2006 GMAC All Rights Reserved ORIGINAL OTHER IMPORTANT AGREEMENTS 1. FINANCE CHARGE AND PAYMENTS A. How wa will figure Finance Charge. The Finance Charge is hgwed on a daily basis at the Annual Percentage Rate an the unpad pan of the Amount Financed b. How we will apply Payments. We wet 9pplY each payment first id, the earnea ono unpaid pen of the Finance Charge, and then W the unpaid part of the Amount Financed. c. How late payments or early payments change what you must pay. We based the Finance Charge, Total of Payments, and Total Sale Prate shown an the Imnt on the assumption that YOU inn make every payment on the day d Ill due. Your Finance Charge, Total of Payments. and Total Sale Price will be more if you Pay lele and less it you pay nary Changes may lake me farm of a larger or smaller final payment or, ai our oPSon, more or lower payments of the same amount as your scheduled payment with a smaller final payment We win send you a notice telling you about these changes before the foal 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 MIS footman even If the vehicle is damaged. destroyed, or, missing b, Using the vehicle. You agree not Id remove the vehicfa from Me U S. or Canada, or 10 sell, rem, lease, or transfer any interest in the vehicle or live contract without our wnn- permission You agree not to expose me vehicle to misuse, secure, catntiSCatlon, or xwwun%ry transfer II we pay any repair bills, eWrage bills, 18xeS, ones, Or charges On the vehicle, you agree to repay the amount when we ask ford c Seturhy InlereeL You give ua a aawnty mn,ml In 1. The vamcle and all pans or goody mSlelled inn, 2 AM money or goods received (proceeds) for the vehicle; 3. All insurance, memtenanoe, aersnce. Cromer contracts we finance for yoprooeB, a 'A al a All M Item nlsurande, maintenance. Sar,co, o other CO ,met$ we Imance for you This IMludes any refunds of premarmS a charges Rom the contracts This "Cures payment of an you owe on it" Contr.tt It also secures your other agreements in INS contract You von make sure the ode shows our security interest (lien) on the vehicle d. Insurance you must have on the vehicle. You agree to have phyvcal damage Insurance COveriog bas or damage In the vehicle for the lens Of his contract The msumnee must cover our interest in the vehicle if You do not have this meunince, we may. II we d-de. buy phY.IWI damage Insurance II we decide to buy physical damage insurance, we may buy Insurance that covers your mishear and our mistrial In the vehicle If we buy In IS insurance, we will tell you the mange You must pay The Marge will be the premium for the 'insurance and a finance charge at the highest rare me law perm,, It the vehicle S, lost or damaged. you agree that we may use any msuramn seat ment to reduce what You owe or rePOlr the vehicle. e. What happens to returned Insurance, maintenance, service, or Cher contract charges. II we get a refund of insurance, mwnlenande, service, of whet contract dtm,ges, you agree that we may subtract the refund Imm what you Owe 3. YOU MAY PREPAY You may prepay all Or pen of the Unpaid poll of the Amount Financed at arty dine without penalty II you 0o a-, you must pay the asrrled and unpaid pan of the Finance Charge and 011 other Amounts due up to the date of your payment e. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES a. You may owe late Charges. You sill pay a late charge on each late payment as Shown On the front Acceptance of a Iota Payment or lets charge dons raw exwae your late payment or mean that you may keep making late payments. It you pay lele, we may Alga lake he steps descnbed below. b. You may have to ply all you owe of once. If you break your promises (default), we may Oemantf Mat you Day an YOU owe on this dom eel at once. Default means. 1 You do not pay any payment on lime, 2 You stem a proceeding in bankruptcy or one is started against you or your property, or 3 You break any agreements m this COMIMer The amount you will owe will be the unpaid part of the Amount Financed plus the earned and unpaid pan of me Finance Charge, any late Charges, and any -..his due because you defaulted. C. You may have to pay collaellon costa. It you delaull and w. have Id go to court to recover the vehicle. You and pay the mUchable attorney's lees end court CMU. 0 that law permits YOU win also pay any 8ndiney's lees and court ce911 a court awards us Cl. We may take the vehicle from you. If you default, we may Wks (repMtese) line velud. from you If we do So peacefully and Cie law allows a If your vehicle has an etaclrOOC tracking dome, you agree that we may use the dome to find the vehicle it wd lake the vehicle, any secessones, equipment, and replacement parts will stay with the vehicle if any personal items are m IN, vshcle, we may stare them for you at your expense If you do not ask for Moss Items back, we may CIISPMe of them 86 the law allows e. How you tan get the vehk:le back If we take it. II we Mpoesess the vehicle, you may get It back by paying the unPald pan of the Amount Financed plus the earned and unpaid pan of the Finance Charge, any laid charges, and any other amounts cue because you defaulted (rndeem) YOU' light to redeem ends when we 9011 me vehicle We will tell YOU no, much to pay W redeem If we'AD.$.. the vehicle, we may, at our option, allow you to get me vehicle back before we sell it by paying all past we Payments and late charges (minstata) We win tell you If you may reinsiSW and how much to pay it you may It you were In default Io more than 15 days when we took me veracle, tha amount you mull pay to redeem or resistant will also include no expanses of taking the vehicle. holding it, antl preparing it for sale I. We will 6011 the vehicle If you do not got II back. If you do rot redeem, we me sell the vehicle We will send you a wnden notice of sal- before asking the vehicle We will apply me money from the sale, less allowed expanses. I. the amount you Owe Allowed expenses are expenses we pay as a direct result of taking me vehicle. holding It. Preparing it for Sale, and selling it, as the law snows Reasonable anomey lees and Court deals he law Permits ere also allowed expenses It any money is left Isurplusl. we will pay n to you II money from the said I. -1 enough to pay the amount you owe, you must pay the at to us 11 you do not pay Ins amount when we ask, we may charge you interest at the highest lawful rate until You pay 9. What we may do about optional Insurance, maintenance. service, or other contracts. This Contract may contain charges for Opt-of Insurance. maintenance. service. N other contracts It we repossess the vehicle. vas may claim benefits under these contracts And candel them to obtain refunds of Unearnod charges to reduce what you owe or repair the vehcle if the vahmj. Is a Idiot WAS bete... It Is coral'-ft,d, damaged. or slnen, we may claim benefits under mesa contracts and carmet them to ebmm relunda of ummmed charges to reduce what you Owe h. Summary notice regarding Prepayment and reinstatemenL You may prepay an or pan of me amount you Owe wool this contract at any time without Panally. If you do aid you orgy have to pay the earned and unpaid pan of the Finance Charge and an other amounts due up to the date of your payment If you default and we r8p0aSeas the nihicls. we may, at our option, Allow YOU to gel the vehicle back before we son it by paying all past due payments, late charges. and expenses 5. WARRANTIES SELLER DISCLAIMS The following paragraph does hot affect any varr uss covering the vehicle Mat the vehicle manulacturer, may provido The following paragraph also does not apply al all if you [ought the vehicle Orohanly for personal, family, or household USA Unless the Salter makes . wrltten warranty. Or enters Into a service contract within e0 days from the date of this contract, the Seller makes no warranties, express or Implied, on the vehicle, and there will be all implied warranties of merchantability or of htnass for A perUcufar purpose. 6. Used Car Buysra Guide. The Information YOU Na on the window form lot this vehicle la Part of this contract. Information on he window form overrldes any Contrary provisions In the contract of -IxU Spanish Translation: Oufe pare compradores de vehfcutos Used". Ls Informac16n quo ve en at fonmularlo de le ventanilla pars sate vehiculo toms Porto del presents ceintrato. La Informac16n del fOrmuteno do la ventanllla de(e sin *two tads dlapos1116n an contlaric Conlenlda an of conlrsto do vane. 7. APPLICABLE LAW "Color low and PennsNvam. law epPIY to offs 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" i IA IB$ • CI t•1 L -A g • C • m O • O Y • • • TW V r /CTIE M00 CO O CERTIFICATE OF TITLE FOR A VEHICLE 3;,069 072563400001707-001 5S3ET133472804245 2007+ SAAB 1 65112529501 KO VEH-CLE ICEWIFICATION NUMBER YEAR I MAKL OF VEHICLE I TITLE NUMBER SLY F o 1 1 - 9/13/07 I (100059 0 BOO, TYPE Ou SEAT CAP PRIOR TITLE ST4TE ODOM PROCD DATE ODOM WLE5 1 ODOM 6TATUS 9113/137 =9/13107 1 ( - + DATE PA TITLED DATE OF ISSUE UNI ADEN WEIGHT I GVWH + GCWR I TITLE BRANDS REGISTERED OWNERIS) ntl Yy P,:(t Ii III rN^ry' JAMES A KORING x,410" __-- 58 COLONIAL CREST DR LANCASTER PA 17601 F IRST WEN FAVOR OF GnAC SECOND LIEN FAVOR Of ra AM . I u' ?Ig - --? o=ACIC• E. 1 ' =MNf H(.r . • (E. 'IE LIECHANICAL LIM I, 4. NQ' (wt A?-TVAL vUACE J + NGT THE ACTUAL MX.EACE000LtfTfR T AMPERIND VERIFIED 4 . EXEMPT R40M COOMEIER OISCL'JWU C TITLE BRANDS A ANT RUE VEHICLE C - CLASSIC VEHICLE D = COLLECTIBLE VEHICLE F . OUT OF COUNTRY G = ORIGINALLY MFGD FOR NON v S DISTRIBUT,ON . AGRICLATUPAL WHICLF L . LOGGING VEHICLE P i&WAS A POLICE VEHICI-E A RECONSTRUCTED S STREET AM T . RECOVERED THEFT VEHICLE V VEHICLE COIVTANS REISSUED VM w • FLOOD VEHXap X IBMIAS A TAXI 11 a se[arte IIBnllpldar y !Ltteo oporsM151attlOn OI m. ivgt uFn lM t'nl ' Il.nhofE.r moat Mrw.m eVa TIW Io a+e ews" of motor Vehicl" win tr. FIRST LIEN RELEASED aPp'.P..t. 1" And b. DATE BY SECOND LIEN RELEASED AUTHORIZED REPRESENTATIVE DATE MAILING ADDRESS BY AUTHORIZED REPRESENTATIVE GMAC PO BOX 8140 COCKEYSVILLE MD 21030 I aruh A. of m. at. u,. „. oK FIA nKams d „• P«X sYNAn a D.pa m.nl ALLEN D B I E H L E R of TraFHpoRatlm mAW OW the P~s) w arrlpany raeeo Inmm ICI th. Iawfw owner • or Ir. a.d v.rels. Kcretan of TTeamwistga IBSCRIBEO AND SWORN It a CO-pUrchbser ohm than your a1JOuse M 4eled and you want the Btte to BEFORE ME be listed as •Jom Tenants With Fight of SUrvivmhp• (On death of one w Y AR I owner. 4tlS 9004 to SurvlVaq owner ) CHECK HERE ? OthsrwLse, the GBe WII be ISSlFaO as •Tements in Common' (On death of one owner Interest of " tJecetued owner goes to NsIber heirs or estate) JIATLRE CF Pf NSW ACWN STERaq wtH 1ST WEN DATE ? IF NO LIEN CHECK IBY LIENHOLDER STREET CITY STATE ZIP IF THIS IS AN ELT CHECK HERE FINANCIAL C] I NOTE FIN HEOVIRED INSTITUTION NO •' '•?'? ^«'Wr - •. f n ncur. v 'II w *. .wvr s 1S 2ND LIEN DATE ? IF NO LIEN CHECK O d ? ? ro ? ••I 2NO LIENHOLDER STREET AH.M1ATyRr01 UgirAl4=GN Y/'NDFilLD SII.•ER CITY STATE ZIP 5•c,w1Lr, of co AVPLX lTmt O 4U1HO a SIGNER IF THIS LS AN ELT CHECK NERE a FINANCIAL N TE F O . REpUtREO ME4TITViION NO I + 1A I&5 • • • • • • • • • • • • • • • • • r EXHIBIT "C" • Attorneys At Law Please reply to P. 0. Box 840 Harrisburg, PA 17108-0840 January 19, 2010 Via Certified Mail No. 7009 1680 0000 2106 9342 and Regular Mail James A. Koring 726 Colonial Court Mechanicsburg, PA 17050 In re: GMAC Account #020-9116-53018 2007 Saab 9-7X Dear Mr. Koring: 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 September 2009 payment in the amount of $702.64 and the October, November and December 2009 payments in the amount of $751.32 respectively, plus late charges in the amount of $75.10, for a total delinquency of $3,031.70. 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 $3,031.70 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: 717.234.1925 • www.nssh.com James A. Koring 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 Saab 9-7X 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 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, PENNSYLVANIA V. NO. 10-641 _ JAMES A. WRING, : CIVIL ACTION ° -" Defendant ACTION IN REPLEVIN i ? . PRAECIPE TO DISCONTINUE 4 TO THE PROTHONOTARY OF CUMBERLAND : a . KINDLY mark this action discontinued without prejudice. m Respectfully submitted, Dated:January 28, 2010 NAUMAN, SMITH, SHISSLER & HALL, LLP 0-.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 P. O. Box 840 Harrisburg PA 17108-0840 Telephone: (717) 236-3010 Facsimile: (717) 234-1925 Counsel For: GMAC APPROVED by GMAC on this 2 day of ??c r i 2 U By: ame and Title SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 4' ?OAV of uirtf fry O''FU:E -'-E tl;t : FILED-OFFICE '?F THE FRC"I Nr-)TARY Edward L Schorpp Solicitor 2010 FEB -8 F i I2: 00 L CLF N", r6vJNvSyk"""" f? GMAC vs. James A. Koring Case Number 2010-641 SHERIFF'S RETURN OF SERVICE 01/28/2010 10:28 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 28, 2010 at 1028 hours, he served a true copy of the within Complaint in Replevin, upon the within named defendant, to wit: James A. Koring, by making known unto himself personally, at 726 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 February 03, 2010 SO ANSWERS, Y R ANDERSON, SHERIFF By Deputy eriff (C coun?ysaite S':^:erfif. Teiecsoft_ In;;.