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Home My WebLink About04-30461N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION GENERAL MOTORS ACCEPTANCE CORP. Plaimiff VS. COMPLAINT IN CIVIL ACTION DAVID S. BISHOP, SR. AND SHIRLEY A. BISHOP Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WE1NBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03447271 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff VS. DAVID S. BISHOP, SR. AND SHIRLEY A. BISHOP Defendants Civil Action No. ~14-..~O~t/.,. COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 0000. Plaintiff is a corporation having offices in 5700 Crooks Road, Suite 301, Troy, MI, 48098- 17257. Defendants are adult individuals residing at 114 Springfield Road, Shippensburg, PA 3. On or about February 4, 2000, Defendants duly executed a Retail Installment Sale Contract (hereinafter the "Contract") in favor of Plaintiff, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendants took possession of the vehicle more particularly identified in the Contract as a 1997 Venture Chevrolet. 5. Plaintiff avers that Defendants is in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 2002. Plaintiff avers that a balance of $5,690.33 is due from Defendants as of November 11, 7. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 6.00% per annum. 8. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff's reasonable attorneys' fees. 9. Plaintiff avers that such attorneys' fees amount to $1,000.00. 10. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, David S. Bishop, Sr. and Shirley A. Bishop, jointly and severally, in the amount of $5,690.33 with continuing interest thereon at the Contract rate of 6.00% per annum from date of judgment, plus attorneys' fees orS1,000.00 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. pW~i! ~m.. ~T4.74M;~ c z an, E~uire WELTMAN, WE~ERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsb~, PA 15219 (412) 434-7955 WWR#:03447271 Dealer Number ' c~on~ Number ~',, ~.'-'~ ~-'~ ~-) Buyer (and Co-Bt~yer) -- Name and Address (Include County and Zip Code) Seller (Creditor) Name and Address OAVtD $ DI~;HOP ~1~ [;HIRLE~ A BI~HOP H ~ H Chev,-Olds-.Poi~t-C~dJ CHtPP~N~BURG PA }7257 ~hlp~nsbu['g PA l'7257-DD9~3 You, the Buyer (and Co-Buyer, if any), may buy the vehicle described below for cash or on credit The cash price is shown ~elow in the "itemization of Amount Financed" as "Cash Price:' The credit price is shown below in the Federal Truth-In-Lending Disclceures as "Total Sale Pdce~' By signing this contract, you choose to buy the vehicle on credit under the agreements on the front and back of this contract. "You" and '"your" refer to you, the Buyer, and any Co-Buyer, "We", "Us" and "Our" refer to the Seller named above and to anyone to whom the Seller assigns this contract. Seller intends to assign this contract to General Motors Acceptance Corporation (GMAC), Description of Vehicle. You agree to buy and we agree to sell the following vehicle: New or Used Year I Make and Model Body Type Vehicle identification No. Use for Which Purchased ~V~ NTU~ ~~ [,.~ ~ ~ersonal E~ agricultural U ] 995] Chev~ ~let ~W t(':N[JH~6F9VDI 078~ J ~business ~ If truck--Describe body and major items of equipment sold: FEDERAL TRUTH-IN-LENDING DISCLOSURES ANNUAL PERCENTAGE FINANCE CHARGE RATE The dollar amount The cost of your credit as a the credit will cost yearly rote. you. Your Payment Schedule Will Be: Number of Payments I Amount of Payments Amount Financed Total of Payments Total Sele Price The amount of credit The amount you will have paid The total cost of your purchase provided to you or on after you have made all pay- on credit, including your down- your behalf, ments as scheduled, payment of $ ir, t .~,, is When Payments Are Due Month y beg nn ng gj3../'rg 4/? ~R~ Or as Follows: Late Charge, Ifa payment is not paid in full within 10 days after it ia due, you will pay a late charge. If the vehicle purchased is a heavy commerciaJ motor vehicle, the charge will be 4% of the amount of the payment that is late. If the vehicle purchased is off-highway business or farm equipment, the charge will be 5% of the amount of the payment that is late. Otherwise, the charge will be 2% per month on the amount of the payment that is late, computed on the basis of a full calendar month for any fractional month period in excess of 10 days. Prepayment. If you pay off all your debt early you may be entitled to a refund of part of the finance charge. Security Interest. You are giving a security interest in the vehicle being purchased. Additional Information: See the other side of this contract for more information including information about nonpayment, default, any required repay- ment in full before the scheduled date, prepayment refunds and security interest. ITEMIZATION OF AMOUNT FINANCED t Cash Price (including any accessories, services, and taxes) 2 Tota~ DownpaymenI = Net Trade-in $ ~, A. + Other (Describe) Your Trade-in is a Year 3 Unpaid Balance of Cash Price (1 minus 2) + Cash Oownpayment $ N.A. $ Make Medel $ 11900.00(3) 4~thercharges~nc~udingAm~untsPaidt~them~Y~ur$e~`~F~*~j~ji~iha~[[ee~i~g~ii~(~'im~bA~i~ OF THESE A~OUN'/'~S *& Cost of Required Physical Damage Insurance Paid to the Insurance Company Named in the Insurance Sect/on, Below--Covering Damage to the Vehicle **B Cost of Optional Mechanical Repair Insurance Paid to the Insurance Company Named in the Insurance Section, Below--Covering Certain Mechanical Repairs ***0 Cost of Optional Credit Life and/or Accident and Health insurance for the Term of this Contract Paid to the Insurance Company or Companies Named in the Insurance Section. Below, Life $ N.A. Disability, Accident and Health $ ~'~. A, ~ D Ofticia~ Fees Paid to Government Agencies ~ E Taxes Not Included in Cash Price ~_F~ Government License and/or Registration Fees ~',temize) ~ll~Geve~nmerrt Certificate of Title Fees '~O~.he~ Charges (Seller must identify who will receive payment and describe purpose) $ N,A. $ t'l~ A. $ $ 5~, 75 $ N,A. $ Additional Disclosures Required by State Law 6 Finance Charge $ ? Time Balance-Total of Payments (5 + 6) $' ' (7) 8 Payment Schedule:6 ~~ . instalmects of $ ~].~ ¢...,~e~ach, monthly beginning (fv-~d~ i/ ¢ ~ (Day) 01~ (Yr.) o~-if scheduled payments are irregular or uneven, as indicated in the Federal Truth-In-Lending Disclosures, above. Insurance, If any insurance is checked below, the policies or certificates issued by the Companies named will describe the terms and conditions. *Required Physical Damage Insurance. We require that you have physical damage **Optional Mechanical Repair Insurance. We have shown insurance. You may obtain it from anyone you want who is acceptable to us. We have the cost of this insurance in 4B of tile Itemization of Amount shown the cost of this insurance in 4A of the Itemization of Amount Financed, Fi~anced, above. above. Insurance Company Term: months Insurance Company ~ $ _ _~..~.; Deductible Collision and either: [] Full Comprehensive including Fire, Theft and Combined AdditionaJ Coverage Term: E] 36 months ar 36,000 miles, whichever occurs first E]$ ~ o .~...Deductible Comprehensive including Fire, Theft and Combined Term: ~ Additional Coverage E~ $25 Deductible ~ $50 Deductible E3 $ ~, A ~ Deductible I~ Fire, Theft and Combined Additional Coverage Optional, if desired--El Towing and Labor costs E] Rental Reimbursement E~ CB Radio Equipment ~**Optional Credit Life and/or Accident and Health Insurance. We do not require you to have credit life insurance end's[edit accident and health insur- ance to obtain credit. We will not provide them unless you sign for them and agree to pay the additional cost. If you want this irisprance, check the insurance desired and sign below. If you have chosen this insurance, the cost is shown in 4C of the Itemization of Amount Financed, abevb.~ Check the Insurance desired: [] Life (Buyer [] Co-Buyer E~) [3 Disability, Accident and Health (Buyer Only) (Name of Insurer-Life) (Name of Insurer-A & H) This policy will pay amounts due on this contract up to $ (Home Office Address) (Home Office Address) APPROVAL: I DESIRE TO OBTAIN THE CREDIT LIFE AND/OR ACCIDENT AND HEALTH iNSURANCE CHECKED ABovE FOR THE PERSON/ PERSONS PROPOSED FOR INSURANCE. Buyer Signature Date Co-Buyer Signature Date ANY INSURANCE THIS CONTRACT DESCRIBES DOES NOT INCLUDE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. If you do not meet your contract obligationa, you may lose your motor vehicle. See the ether aide of thla contract for other important agreements, including your agreement to give us a security interest in insurance premiums and proceeds. You signed this contract on (Do not date on Sunday) I~ ~t* t~)~' ¢¢-~ (Day) ~ '~' (Yr.) Notice to Buyer Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Buyer Signs ,~ / , ; Co-~uyer Signs ,,. ~ : Co-Buyers and Other Owners-A co-buyer is a person who is responsible for paying the entire debt. An ether ow~ler is a pe~on whose nar~e is on the ~e to the vehicle but does not have to pay the debt. The ca-buyer or other owner knows that we have a secudty interest in the vehicle and consents to the security mterest. Other owner signs here Address Seller Signs By ~ Title YOU ackn~w~'eo~g~}~l~ ~i~t~c~Jrrect and comPlete ~coPy of this contract from the seller when you signed this contract. Buyer Signs , Co-Buyer Signs r ~ ' ~ ~ If Seller obtained this vehicle from General Motors Corporation (GM) an instalment credit terms, Seller assigns its interest in this contract to GM under the terms of the GM Instalment Sales Finance Plan--Terms of Substitution and Assignment agreement. Otherwise, Seller assigns its interest in this contract to General Motors Acceptance Corporation (GMAC) under the terms of the GMAC Retail Plan agreement. Assigned with recourse Assigned without recourse or with limited recourse Seller By Title Seller ' By Title Z10g PA 12-98 (For use in the State of Pennsylvania) (1 of 4) Notice: See Other Side QUADRUPLICATE ORIGINAL -- GMAC FILE COPY OTHER IMPORTANT AGREEMENTS Ownership and Risk of Loss. You agree to pay us all you owe under this contract even if the vehicle is damaged, destroyed or missing. You agree not to remove the vehicle from the United States or Canada. You agree that you will not sel~, rent, lease or otherwise transfer a~y interest in the vehicle or this contract with- Security Interest. You give us a secudty interest in (1) the vehi- cle being purchased, (2) any accessories, equipment and replace- charges for service contracts returned to us, (4) any proceeds of Prepayment Refutld. You can prepay afl of your debt and get than $1 .gO. Required Physical Damage Insurance. You agree to have Late Charge. You will have to pay a late charge on each pay- Refunds of insurance or Service Contract Charges. if (1) credit it to your account, (2} use it to buy similar thsurance, When You Must Repay in Full Before the Scheduled Repossession of the Vehicle for Failure to Pay. Reqos- pay according to the payment schedule or if you break any of the agreements in this contract (default). We must give you any notice the law requires. We can enter your property or the property where the vethcle is stored to lake the vehlcle if we do it peacefully, If there is any personal property in the vehicle, such as clothing, we will store it for you. Any accessories, equipment or replacement parts will stay with the vehicte. Getting the Vehicle Back After Repossession. ~f we repossess the vehicle, you have the right to get if back (redeem) by paying all you owe on the contract (not just past due payments). You will also have to pay any ~ate charges, the cost of taking and storing the vehicle, and other expenses that we have had. When we figure the entire amount you owe on the contract, we wi~J give you a refund of part of the tinance charge figured the same way as if you had prepaid your contract. Your right to redeem will end when we se~ the vehicle. Sale of the Repossessed Vehicle. We will send you a writ- ten notice of sale at least 15 days before we sell the vehicte, If you do not redeem the vehicle by the date on the notice, we can sell the vehicle. We will use the net proceeds of the sale to pay all or part of your debt. We will figure the net proceeds of sale by subtracting these items from the seilthg pdce: Any late cha~es; any charges for t~,thg and stedng the vehicle, cleaning and advertising, etc.; and any reasonable attorney fees and court costs. if you owe us less than the net proceeds of sale, we wiJl pay you the difference, unless there Js a requirement that we pay it to some- one e~se, For example, we may have to pay a lender who gave you a loan and also took a security thterest in the vehicle. If you owe more than the net proceeds of sale, you will pay us the difference between the net proceeds of sale and what you owe when we ask for it. If you do not pay this amount when we ask, we may also charge you interest at the highest lawful rate until you pay us all you owe. Collection Costs. If we hire an att~3rney to collect what you owe, you will pay the attorney's reasonable fee and any court costs. Delay in Enforcing Rights and Changes of this Contract. We can delay or refrain from enforcing any of our dghts under this contract without losing them, For example, we can extend the time for making some payments without extending the time for others. Any change in terms of this contract must be in wdting and we must sign it. No oral changes are binding. If any part gl this contract is not valid, a~l other parts will remain enforceable. Warranties We Disclaim. You understand that if you or others asa the vehicle principally for business or agricultural purposes, or if we told you in wrffthg before sale that we are selling the vehicle on an "as is" basis and that you are respon- sible for the entire risk as to the quality of performance of the vehicle, there is no Implied warranty of merchantability, no implied warranty of fitness for a particular purpose and no implied warranty that extends beyond the description of the vehicle on the other side of this contract, unless we extend a written warranty or service contract within 90 days from the date of this contract. An implied warranty of merchantability generally means that the vehicle is fit for the ordinary purpose for which people generally ?e such vehicles. A warranty of fitness for a particular purpose ~s a warranty that may adse when we have reason to know the particular purpose for which you require the vehicle and you rely on our skill or judgment to furnish a suitable vehicle. This provision does not affect any warranties covering the vehicle that the vehicle manufacturer may provide to you. Used Car Buyers Guide. The information you see on the w~ndow form for this vehicle Is part of this contract. Informs- tJon on the window form overrides any contrary provisions In the contract Of sale. Notice of Substitution of Contract. tf we obtathed this vehi- cle trom General Motors Corporation (GM) on instalment credit terms, we will substit~Jte this contract tot, and this contract replace our obligation to pay GM for the vehic]e you are purchas- ing. This substitution will not change the amount you have agreed to pay us, the payment schedule, the finance charge or any of your dghts and duties for this purchase. The terms of this contract set forth your entire and only obligation to us, GM, or any other holder ot this contract. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is ,~4~//~ ~ ..~, ~.;~, of (TITLE) (NAME) (COMPANY) , plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) WWR# 03447271 SHERIFF'S RETURN CASE NO: 2004-03046 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS BISHOP DAVID S SR ET AL - REGULAR RONALD HOOVER Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BISHOP DAVID S SR DEFENDANT , at 2015:00 HOURS, at 114 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 DAVID S BISHOP SR a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 14th day of July by handing to the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 11 10 00 10 00 00 39 10 Sworn and Subscribed to before me this /{.~ day of ~,~ ~ ~2~;O~ A.D. So Answers: R. Thomas Kline 07/15/2004 WELTMAN WEINBERG REIS By: SHERIFF'S RETURN - REGULAR CASE NO: 2004-03046 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTA/qCE CORP VS BISHOP DAVID S SR ET AL RONALD HOOVER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BISHOP SHIRLEY A DEFENDANT , at 2015:00 HOURS, at 114 SPRINGFIELD ROAD SHIPPENSBURG, PA 17257 DAVID S BISHOP SR, HUSBAND a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the 14th day of July by handing to to law, the 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 07/15/2004 WELTMA-N WEINBERG REIS Sworn and Subscribed to before me this /L ~-- day of ~z~3 ~ A.D. , t~rothonotary By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff VS. DAVID S. BISHOP, SR., AND SHIRLEY A. BISHOP Defendants No. 04-3046 CIVIL SUGGESTION OF BANKRUPTCY FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D ~,2524 William T. Molczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 27'18 Koppers Building 436 Seventh Avenue Pittsburgh, PA '15219 (412) 434-7955 WWR#03447271 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff VS. DAVID S. BISHOP, SR., AND SHIRLEY A. BISHOP Defendants Civil Action No. 04~3046 CIVIL SUGGESTION OF BANKRUPTCY TO PROTHONOTARY: AND NOW comes Plaintiff, by counsel, Weltman, Weinberg & Reis, Co., L.P.A. to advise this Honorable Court that the above named Defendants, David S. Bishop, Sr., and Shirley A. Bishop, has filed a Chapter 7 Bankruptcy in the United State Bankruptcy Court for the Middle District of Pennsylvania 04-05225, and accordingly, all proceedings in this Court are stayed at Bankruptcy Case Number pursuant to 11 U.S.C. § 362. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 2601 .J~bppers Building 436/~¢venth Avenue P,~/~Jrg h, PA 15219 yR #03447271 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff VS. DAVID S BISHOP SR AND SHIRLEY A BISHOP Defendants No. 04-3046-CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D fl42524 William T. Molczan, Esquire PA. I.D.#47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03447271 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION Plaintiff VS. DAVID S BISHOP SR AND SHIRLEY A BISHOP Defendants Civil Action No. 04-3046-CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. Wt~idy L ~, Not~:y P~iC WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~ 27/1~ Koppers Building ~,,36/Seventh Avenue //Pi~sburgh, PA 15219 ~12) 434-7955 NR#03447271