HomeMy WebLinkAbout10-5794W 1
FILE ''MME
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NAUMAN, SMITH, SHISSLER & HALL, LLP t?F Tl'." i - ; ;
J. Stephen Feinour, Esquire f n _ Fly, 4:03
Supreme Court I.D. No. 24580 I`l >rf
Joshua D. Bonn, Esquire Cpl tiv_h - :; , COUNTY
Supreme Court I.D. No. 93967 PENNSYLVrANA
200 N. 3rd Street, 18th Floor Counsel For: Ally Financial Inc. Vk/a GMAC Inc.
P. O. Box 840
Harrisburg PA 17108-0840
Phone: (717) 236-3010
Fax: (717) 234-1925
ALLY FINANCIAL INC. : IN THE COURT OF COMMON PLEAS
f/k/a GMAC INC., : CUMBERLAND COUNTY, PA
Plaintiff
V. _
. NO. ID - 5rPR?/ CtV?? IC'J
WILLIAM K. MCNAIR, III, CIVIL ACTION
MELISSA MCNAIR, ,
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
CS
49a. oc) AA ATTy
c'r 3(084 I
W*,07970
i 1
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 0 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 0 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 I.D. No. 24580
Joshua D. Bonn, Esquire
Supreme Court I.D. No. 93967
200 N. 3`d Street, 18`h Floor
P. 0. Box 840
Harrisburg PA 17108-0840
Telephone: (717) 236-3010
Facsimile: (717) 234-1925
Counsel For:Ally Financial Inc. f/k/a GMAC Inc.
Dated: September 7, 2010
a
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: Ally Financial Inc. f/k/a GMAC Inc.
P. 0. Box 840
Harrisburg PA 17108-0840
Phone: (717) 236-3010
Fax: (717) 234-1925
ALLY FINANCIAL INC. : IN THE COURT OF COMMON PLEAS
f/k/a GMAC INC., : CUMBERLAND COUNTY, PA
Plaintiff
V.
WILLIAM K. MCNAIR, III,
MELISSA MCNAIR,
Defendants
. NO.
CIVIL ACTION
: ACTION IN REPLEVIN
COMPLAINT
AND NOW comes Plaintiff, Ally Financial Inc. f/k/a GMAC Inc., by its counsel, Nauman,
Smith, Shissler & Hall, LLP, to file the within Complaint based upon the following facts:
1. Plaintiff, Ally Financial Inc. f/k/a GMAC Inc. (hereinafter "Ally Financial") is an
entity organized under the laws of Delaware, having offices throughout the United States and having
an office at 555 Business Center Drive, Horsham, Pennsylvania 19044.
2. Defendant, William K. McNair, III (hereinafter "Defendants") is an adult individual
presently residing in Cumberland County at 210 Shughart Avenue, Boiling Springs, PA 17007.
3. Defendant, Melissa McNair (hereinafter "Defendants") is an adult individual
presently residing in Cumberland County at 210 Shughart Avenue, Boiling Springs, PA 17007.
COUNTI
REPLEVIN
4. On July 13, 2006, Defendants entered into a Contract with Forbes Chevrolet Inc.,
Camp Hill, PA 17011 (hereinafter "Seller") for the purchase of a 2006 Chevrolet Uplander, bearing
Vehicle Identification Number 1GNDV33L96D128031 (hereinafter "Vehicle") for a net purchase
price and finance charges in the amount of Thirty-Nine Thousand Four Hundred Sixty-Four and
31/100 Dollars ($39,464.31). A copy of the Contract is marked as Exhibit "A", attached hereto and
its contents are incorporated herein by reference.
5. Defendants, pursuant to the aforesaid Contract, agreed, inter alia, to make Forty-
Seven (47) installment payments in an amount of Five Hundred Twenty-Eight and 33/100 Dollars
($528.33) each, commencing August 13, 2006, and payable on the same day of each successive
month thereafter, and one final payment in the amount of Fourteen Thousand Six Hundred Thirty-
Two and 80/100 ($14,632.80) due on or about July 13, 2010 for a total obligation of Thirty-Nine
Thousand Four Hundred Sixty-Four and 31/100 Dollars ($39,464.31).
6. Under the Contract the Defendants granted the Seller or its assignee a security interest
in the Vehicle and its proceeds.
7. Defendants, pursuant to the aforesaid Contract, agreed that in the event of default in
any payment due under the Contract, or the failure to comply with any term or condition thereof, that
the Seller of the aforesaid Vehicle may take possession of said property, including any equipment
or accessories thereto, and for this purpose Seller may, in any lawful manner, enter upon the
premises where the said property may be and remove same.
2
On or about July 13, 2006, for good and valuable consideration, the said Contract was
assigned by Seller to Ally Financial Inc. who succeeded to the rights and interest of Seller.
9. Ally Financial Inc., pursuant to the provisions of the Pennsylvania Motor Vehicle
Code and the Pennsylvania Uniform Commercial Code, perfected its security interest in the Vehicle
by properly notifying the Pennsylvania Bureau of Motor Vehicles to endorse upon the Certificate of
Title for the aforesaid Vehicle a notice of its encumbrance upon the aforementioned Vehicle and
security interest therein. A copy of said Certificate of Title is marked Exhibit "B" and attached
hereto.
10. Defendants have breached the said Contract in that Defendants failed to make the
agreed-upon installment payments due.
11. Such defaults are continuing.
12. The present outstanding balance due Ally Financial Inc. from Defendants is in the
amount of Seventeen Thousand Sixty-Two and 25/100 Dollars ($17,062.75), plus late charges.
13. Ally Financial Inc. sent Defendants Notices of Default by letters dated August 31,
2010. A true and correct copy of said Notices of Default are attached hereto as Exhibit "C" and
incorporated herein by reference.
14. Under the terms of the aforesaid Contract, Defendants agreed that in the event they
defaulted in any payment due thereunder, or failed to comply with any of the terms or conditions of
the Contract, and in the event it became necessary for the Seller or its assignees to institute a suit in
replevin for the Vehicle, Defendants agreed to pay all costs of suit and any reasonable attorney's fees.
15. Ally Financial Inc. has made repeated demands that Defendants make the payments
agreed upon, all to no avail.
16. Upon information and belief, the aforesaid Vehicle is presently in the control and
custody of William K. & Melissa McNair, 210 Shughart Avenue, Boiling Springs, PA 17007.
17. Vehicles of this model and class have an average wholesale value of Nine Thousand
Eight Hundred and 00/100 Dollars ($9,800.00).
WHEREFORE, Ally Financial Inc. prays that this Honorable Court enter judgment in favor
of Ally Financial Inc. and against the Defendants, jointly and severally, for:
a. Possession of the 2006 Chevrolet Uplander bearing Vehicle Identification Number
1GNDV33L96D128031 or in the alternative, the market value of the car in the
amount of Nine Thousand Eight Hundred and 00/100 Dollars ($9,800.00); 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 July 13, 2006.
COUNT II
BREACH OF CONTRACT
18. Paragraphs 1 through 17 above are incorporated herein by reference.
19. Pursuant to the Contract, Defendants have defaulted by their failure and refusal to pay
installments in arrears, the sum of which (including late fees and unpaid charges) is Two Thousand
One Hundred Fifty-Two and 07/100 Dollars ($2,152.07) at this time and increasing monthly.
20. At all times material to this case, Ally Financial Inc. has fully and satisfactorily
conformed to and complied with all terms and conditions required of it under the Contract.
4
. A
21. Pursuant to the Contract, Defendants' default entitled Ally Financial Inc. to
installments in arrears, a late fee equal to 2% of the total amount of arrears, plus all other costs
incurred in connection therewith.
22. To date, Defendants owe Ally Financial Inc. the outstanding balance of Seventeen
Thousand Sixty-Two and 25/100 Dollars ($17,062.75), plus late fees and costs.
23. The Contract provides that in the event the Defendants did not make the agreed upon
monthly payments, resulting in a default under the Contract, and Ally Financial Inc. was required
to employ an attorney, the Defendants agreed to pay reasonable attorney fees and Court costs.
WHEREFORE, Ally Financial Inc. demands judgment in its favor and again st the
Defendants, jointly and severally, for:
a. The sum of Seventeen Thousand Sixty-Two and 25/100 Dollars ($17,062.75), 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
tephen 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
5
Telephone: (717) 236-3010
Facsimile: (717) 234-1925
Counsel For: Ally Financial Inc. f/k/a GMAC Inc.
Dated: September 7, 2010
VERIFICATION
I, Erica Verke, Semperian Agent for Ally Financial Inc., being duly authorized to do so on
behalf of Ally Financial Inc. do 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.
Date: q l011/ GU) V
1A,
Er i ca Ver e
Semperian Agent for Ally Financial Inc.
C'+z Kaillin L.- R~
* ?°?' NOYARY PUBLIC
STATE OF WNNMTA
My Commission ExOrss 1-31-201
a ?;
EXHIBIT "A"
THIS CONTRACT INCLUDES THE ATTACHED RIDER LABELED 'GMAC SMARTBUY RIDER'.
RETAIL INSTALMENT SALE CONTRACT
a GMAC FLEXIBLE FINANCE PLAN a_vr-j yYf SyY?
Dealer Number Contract Number 0
Buyer (and CO-Sutl i-Name and address (include county and zip code) Credibr (Seller name and address)
WILLIAM K MCNAIR III
MELISSA MCNAIR FORBES CHEVROLET, INC.
47 E. MAIN ST 3409 HAR77DALE DRIVE
NEW BLOOMFIELD PA 17068 CO: PERRY CAMP HILL PA 17011 JUL 2 6
You, the Buyer (and-Co-Buyer. if any), may buy UM vehicle descnbed below for cash or, on credit By signing this contract, you choose to buy the Vehicle on credit
under the agreements On tM front and bark of he contract you agree to pay w, the Credtor, the Amount Financed and Finance Charge according to the
Payment schedule shown below We mil figure the Finance Charge on a day basis
1
NEW I2MI UPLANDER I IGNDV33L96D128031 I Cfyorsenal, family, or household ?agncWtural
? business ?
vM.,.w?..?- __ taaA rnen
FEDERAL TRUTH-IN-LENDING DISCLOSURES Insurance. You may buy the ph
sical dama
ANNUAL
RNANCE
Amount
Total of Payments
Total Sate Price y
ge
insurance this contract requires (see back) Jim
PERCENTAGE CHARGE Financed The amount you The road cost of anyone You chows who is acceptable to us You are
RATE
The cost of your The delta,
amount the The amount of
credit provided to will have pad after
you have made all your purchase on
credit, Including not required to buy any other iwtaertce to obtain
Credit Your decision to buy « not buy other
credit as a yearly chedd wnl cwt you or on your payments as your aownpayent lie "If not be a lector in the credit approval
rate. You behalf scheduled f S 1619.2'
9.50% 5 9774.5 S 30609.8' s 39464.31 o
s 410'3. 1 is 11 any insurance is checked below, policies or
certificates from the named endurance companies woo
Your Payment Schedule Will Be: describe the terms and contlnwns
Number Amount When Payments or as Check the Insurance you want end sign below:
of Pa enb of Payments Are Due Follows
$ Monthly bagmnnmg 101 G- Optional Credit Insurance.
? Credit LifN/Ap Buyer El CO-Buyer
Lab Charge It 8
roe payment is net received n
full
within 10
days after it is tide, you pay a late Tenn
o
f
,
Cfrerge II the V•Mde a a heavy commercial motor Vehicle, the charge WIII be 4% 01 the the pan Of the O Gatlin d
?9?Y (Buyer Only)
payment that is lab Otherwise, the charge wild be 2% Per month of the part of the payment that is Term
late, figured based on a fun calendar month for any pan of a month mat is more than 10 days
Prepayment. It you pay off as your debt lady, you will not nave to pay a penalty Premm: N/A
Credit Life $
Security Interest You are giving a secunrymlereal in the voi being purchased
Addltonal Information: Soo this contract for mono information including information about
non
a
ment
d
f
lt filet Disability $
p
y
,
e
au
. any required rapsymant in fun before the scheduled date, and secunty interest N/A (insurance Company)
ITEMIZATION OF AMOUNT FINANCED (Noma Office Address 1
i Cash p.-(ealeding arty aeeeasorte. services, arc taxes) $ 30475.0'(1) Credit his irtsurence are credit disability netrenw
2 Total tbwnpavment is (t negelNe enter '0' and see In; dH bNowl
- are net raqused to obtain Credit Your d9eisk n to
buy or not buy trade life insurance and credit
Gross trade-in S - oit saki S disability insurance will not be a lector in tine credit
. hot Vat in . ash $ apprwat prows They we net be provided Unless
+ Omer (describe) s N/N 1619.20
It (2) you sign and agree no pay Uq extra cost Credit Ice
-1-0 pays the unpaid
an Of the amo
t
3 Unpaid balance of cash price (1 minus 2) S p
un
financed if you die This insurance pays only the
e Oliver Mar e. uc4d amounts paid to timers on
B in9 P your behalf (Seller may amount you would owe if you pad at your payments
keep pan of these amounts )' on tlms. Credit diseCaty insurance pays the
A Cost of optional credit Insurance paid to the insurance scheduled payments due under Iles Contract Mule
COMPany Of Companies you are disabled This insurance does not cover
my increase your payment in IM number
a
nis
Payments.
policies or
the
Disability 5 $ N/A n
named
ompanies
surancec
mayfurtherkmnthe
B Other insurance paid to the Insurance company coverage that Credit fife or credit disability insurance
(destnbe) s N/A provoos See the policies or cerehcites for
C OMiwl Its pad b govemmenl agencnei S- coverage emits and other terms and conditions
D (lovemment taxes not imludedl; mth rice 5 1725.50 Other Insurance.
E Govemment kconse and/or registration lees - S•" 0 N/A N/A
TRANS=406,00 S 6.09 Type of Insurance Term
F Govemmatt camfiwle of rate lees P.-um 11 N/A
inclutlw S my interest recording fee) E 27.50
G Other charges (Soper must identif
who I N/A
y
s pas and
describe purpose 1
to N/A (Insurance Company)
N/A
for N/A S N/A (Home Office Address)
to N/A I. N/A S N/A
to FORBES CHEVRIO, D13C FEE S 53.09 I want Una -nonce, checked strove.
to N/A f« N/A S V-p7A- x
a N/A Bnyersgnewra Date
to /R
V
MIN CIA- X
x
--
H Nellmde-npavWitp M114 It
/R-
Co-Buyer Signature Date
Total other themes and amo
nt
d t
11134
th
011
u
s pai
o o
ers on vour behWlf S
(4)
•
S Amount financed (3 .4) sue. (6)
ANY INSURANCE REFERRED TO IN THIS
e Finance Cho e s (a) CONTRACT DOES NOT INCLUDE COVERAGE
7 Total of payments brae balance 15.6) FOR PERSONAL LIABILITY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
If You do not most vnur,
eenfr.,•e,.i ..wu.._n..__ .._.. __...___ ..____ _ _.. .
HOW THIS CONTRACT CAN BE CHANGED. This contract contains the enure agreement between you are us relating to this contract. Any charge to the
Conkatt owl Qe?n end a must Sign it No oral changes are bindug 1„r? - _ _ n C • .
', Buyer Sow yJ '??l".?-?' ?.g?r I1!,1, f1YJLJLI,I J, (W-L1A, \J `/}^Ph\
If any pan of tNS contact is not Valid, all other pan. stay Valid We may delay .1 relran Iron _f-q any of our rights under this convect without Ioang them.
For example, we may extent the ante for making some Payments without extending the bme f« making others
Y
ouu a th zo us to obtain nl-ah.n about you, or the veNde you are buying, from the state motor vehicle department or other motor vshield registaton
auorities
Sae back for other important agreements.
Do not sign fhb Contract on a Sunday,
The Annual Percentage Rate may be negotiable with the stellar. The Seller may 11551911 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 en
titled to an exact copy of the contract you sign. Keep
it to protect your legal rights. N
Buyer Siggf$ Dale 07/13/29%.suyersign0M ?,Wa, ,M92W. 07/13/2006
You agree to the terms of this contract. You confirm that before you signed this contract, we gave it
to you, and you were free to take it and review It. You confirm that you received a completely
filled-In copy w en you signed it.
B is _ Data 07/13/2?ftrBuyerSigrL{?//(1yYJMQ`S///? /?]b 07/13/2006
Co-Ruyan •nd OtMr Ownor._. co-buyer is is person who is reapmRole lor paynp the antra debt An other owner is is person vmose name is on the aria to
the vehicle bA does not have I. Pay the do.t The Omer owne, agree4 to and nearny inl0reti m ma vetacb given b us n this comma
Dlnef Owner sign. here x Dots Addm59
C.moibr Sir. trusser r
mice O,.LLD MK
Seller assigns its interest in this COnkaCt to ? General M01«. Acceptance Corporation (GMAC) O GMACAB O Novell Credit Cor
under the terms Of S
.,
lb('
t
p
a
on,
e
S agreement(s) with aesignea
Assigned with mcwead Assigned mlho" remoras r mth I tad IeCOune
FORBES CHEVROLET, INC. S MGR
Senor B ripe
2109 FR-PA 312005 (For Use .n min ci.m..,r o....,....,._-._, .. Serer B Ltle
Copynght 2004 General Motors Acceptance Corporation All Rights Reserved . --- ?•?"?• OwDINAL
OTHER IMPORTANT AGREEMENTS
1. FINANCE CHARGE AND PAYMENTS
a. How we will figure Finance Charge. The Finance Charge Is figured
on a dally bests at the Annual Percentage Rate on the unpaid part of
the Amount Fnanced.
A How ws will apply payments. We will apply each payment amt to to
earned and WPM pert of the Fire=* Charge, and men to the unpaid
pan of the Amount Financed.
c. How late payments or early psymsnts change what year must pay.
We based Its Finance Charge, Toth of Payments, and Total Sale
Pace shown on the front on the assumption that you will make every
payment on the day a is due. Your Fiance Charge, Total of Payments,
and Total Sale Price will be more d you pay late and leas if you pay
early Changes may take me form of a larger or smaller Mel payment
or, At qtr OPOW, Mare or laws( Payments of the same amount as your
scheduled payment with a smaller trial payment We inn fend you a
hobW IMIng you about these Changes before the trot scheduled
payment it due
2 YOUR OTHER PROMISES TO US
a. It the vehicle Is damaged, destroyed, a missing. You agree to pay
us an you owe under this contract even it the veMde a damaged.
destroyed, or meeting.
It. Using the vehicle. You agree rot IS remove ee vefvcle frail the u S.
W Canada, or to sell, rent, lease, or transfer any interest in the vehicle
or Ova contract without ow war- permission. YOU agree net to expose
the vehicle to haw", 58006, Conhecebon, or Involuntary transfer 11
we pay any repwr bins, morage bias, axes, fines, or charges on tlw
vehicle, you agree to repay the amount when we ask for it
c. Security Interest. You Shia us a seeunly interest m
1. The vehicle and an pant or goods installed in it,
2. M moray or goods received (proceeds) for the vehlcle:
3 M inei M1100, Mam enence, service, or other contracts we nnaree
for you, and
a. AN Proceeds from insurance, maintenance, service. or Omer
[xxuracts we enance for you This mdudW any refunds of
premiums a charges from the eontrada
That secures payment of all you owe on this contract. It also secures
your other agreements in this contract You wit male sure the tit.
shows our security mtereef pen) m the vMide
d. Insurance You must have on the vehicle. You agree to have physical
damage rrvo ncs covering fees to damage to to vehicle for the arm
of this pommel. The insurance must cover ow udemal in ms vehicle. If
you do not have this insurance, we may, it we decide, buy physical
damage insurance If We decide to buy physx:al damage Insurance, we
may buy saurenea that coven your Interest and ox Interest in the
vehicle. If wo buy this insurance. we will tell you me charge you must
pay. The charge will be the premium for the insurance and a finance
charge at the highest rate the law permits
If file vehicle a lost or damaged, you agree mat we may use any
insurance settlement to reduce what you owe a repair the vaMda.
e. What happens to returned Insurance, maintenance, eorice, or
ether contract charges. If we got a refund of insurance, mom mane,
SeMCe, w other contract charges, you agree gal we may Subtract the
rotund from what you owe
3. YOU MAY PREPAY
You rosy prepay all Or pert of ee Unpaid pat of me Amount Financed at
any lime wt'Ox penelry If YOU do so, you must pay the earned end
united part Of to Finance Charge and M Omer amounts due up to me
date of your payment
e. IF YOU PAY LATE OR BREAK YOUR OTHER PROMISES
a. You may Cure late charges. You will pay a late charge on each ate
Payment as aleowa en are front Acceptance o1 a ate payment or ate
charge don not excuse your Into payment or mean that you may keep
making late payments 11 you pay ate, we may also take the steps
described below.
b. You may hew to pay all you owe at ones. If you break yaw
Promises (default), we may demand mat you pay as you owe on this
contract at ones. Default Maine.
I- You do no pay any payment on erne;
2 You titan a proceeding in bankruptcy or we as started against you
or your proper, or
3 You break try agreements in this contract
The amount You call owe sod be the Unpaid part of as.Amoum
Financed plus Oa earned and unpaid Part of the Finance Charge, any
ate Charges, and any amounts due because you defaulted.
C. You may have to Pay Collecilen Costa II you delaun and we have to
go to court fo recover m0 vehicle, you will pay the reasonable atamays
lees and oourt costs, as me law permits You wig also pay any
attorney's fees and court costs a court awards us
d. We may lake the vehicle from you. If you deleult, we may take
Indicates-) the "hide from you if wit do so peacefusy, and the law
allows a If yew veMds has an electme, trackmp deuce, you agree
that we may use the aeace to find the vehicle If we tape me vehicle,
any aCCesaenes, equgment, and replacement parts ml Say "in the
vehicle If any personal nems are in the vehlde, we may store them for
you at your expense it you do not ask tor these Items tack, we may
dapwe of them as the law allows
a. How you can get the vehicle heck It we take It. If we repossess the
vehicle. You may pet a back by paying the unpaid pan of this Amount
Financed plus the Coined and WPM part of the France Charge, my
late charges, and any oehet amounts due because you defaulted
(redeem) Your right to redeem ends when we "I She vehicle we win
tee you low much to pay to redeem
If we. repossess U. vehw/e, we may, at our option, allow you to get the
vehcle back before we Suit try paying as past due payments and ate
charges (ransate) We will the you if you may ronsaa and how much
to pay d you may
If you want in default for more than IS days when we took the "hide.
me amount You MUM Pay to redeem Or reinstate Me also Include the
expenses of taking the vehicle. holding it. and preparing it for sea.
1. We will sell the vehicle It you do not gat It back. It you do not
redeem, we volt Call the vehicle We wa Will you a written notice of
said before seXag the vehde
We will apply tta money from the sale. [on allowed expenses, to the
amount you owe Allowed expenses are expenWa we pay as a direct
resat of taking Ins vehicle, holding a, Prepenng it for stela, and seeing it.
es the law allows Reasonable aaemey fees and own costs me law
PennM a also allowW expenses if any money is left (surpkm), we
will Pey n to you If money from me We a not enough to pay a"
arrhount You owe. You must POY the met to us 11 you do not pay this
eirigmt when we ask, we may large you interest at ON highest lawful
rate will you pay
g. What we may do sbod optional Insuranee, maintenance, sarvlee,
or other contracts. This contract may contain charges for optional
Inetelarm, maintenance, service, or Omer contracts n we repossess
the vehicle, we may claim benelM under these contracts and canal
mom to obtain refunds of Wommed charges to reduce what you owe or
repair the vehicle II the vehicle m a total loss because it is confiscated,
damaged, or stolen, we may claim benefits under these contracts and
cencq them to obtain refunds of unearned charges to reduce what you
Owe
h. Summary notice regarding prepayment and re natatemem. You
may prepay all or pad of the amount you owe under this ewlwt at any
bane without penalty t you dose. you ordy have topay Che awned end
unpaid pan of the Finance Charge and all other amounts due up to the
date of your payment It you default and we reposeese Che vehicle, wis
may, at our option, el ow you to got to vehicle bade before we Sol it by
paying all pant due payments, ate charges, end expenses
5. WARRANTIES SELLER DISCLAIMS
The following paragraph does not aft ct any warranties covering the
Whide oat the vehicle manufacturer may provide. The lollmng
paragraph also does lia apply at al If you bought the vehule primarily for
personal, anhey, or household use.
Unless the Seller males a written warranty, or enters Into a service
Contract within 90 days from the date of this eentraeL the Stellar
makes no warrantes, express or Implied, on the vehicle, and mere
will be no Implied wsmmIll" of merchantability w of 9tneas for a
partleufar purpose.
& Ueed Car Buyers Guide. The Ilde 1IM111 n you ties en the window form
for this vMkls is part of this contract Informatten on the window
farm overrides any contrary proWefons In the contract of seta
Spanish Translation:
Ova pia COMPrsdorea do vehfCUles Hades. LA Infamlaeldri clue vs
en al formuado de 11 venanlNa Pero Otte vehleulo bra parts del
praeeme Contrails. Ls Imormseldn del forenularie de Is ventangla Stela
stn efselo tndo dlspoaleldn en Centred. eomamda an al eontraro do
vent.
7. APPLICABLE LAW
Federal low and Pennsylvania law apply m Chia 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.
SmartBuysm
G GMAC Rider
GMAC Flexible Finance Plan
Dealer Number Contract Number
:w or Used Year Description of Property identification Number
NEW 2006 CHEVROLET UPLANDER SW LONDV33L960128031
BUYER'S LAST PAYMENT OPTIONS
This SmartBuysm Plan Rider ("Rider") Is part of the contract relating to the credit sale of the motor vehicle described above ("Contract)
JUL 13th 2006 GMAC
dated between
(M4f)ILLIAM K AftIR III (Yr) MELISSA MCNAIR
(Creditor).
(GO-Buyer). All references to "this Contract" include this Rider.
(Buyer) A...4
Meaning of Words. Unless this Rider says otherwise, all words used in this Rider and the rest of this Contract have the same meaning
In this Rider, the words "you' and 'your'refer to the Buyer and Co-Buyer, if any. The words "we," 'us,' and "our" refer to the Creditor
named above and any assignee of the Creditor.
Last Payment. THIS CONTRACT IS NOT PAYABLE IN INSTALMENTS OF EQUAL AMOUNTS.
AN INSTALMENT OF $ 14632.80 WILL BE DUE ON JUL 13th eels
(MO) (Day) (Yr) '
if you make every payment on the date it is due and the Annual Percentage Rate does not change As your Contract explains, the amount
of the payment due at the end of the Contract term may be more or less than the amount of the last payment shown in the Payment
Schedule. You may meet your obligation to pay the payment due at the end of the Contract term by choosing one of the following options-
1. You may pay the payment due at the end of the Contract term on its due date; or
2 You may, if you have met each of the conditions in the paragraph below entitled "Your Option to Sell":
a. sell the vehicle to the Creditor and have the Sale Price applied to the payment due at the end of the Contract term; and,
b pay the Creditor any excess of the payment due at the end of the Contract term over the Sale Price; or
3. You may enter into a new written agreement with the Creditor to refinance the payment.
Your Option to Sell. You have the option to sell the vehicle to the Creditor on the due date of the last scheduled payment at the Sale
Price The Sale Price will be the amount of the last scheduled payment as shown in the Payment Schedule: (A) less a $250 disposition
fee, (B) less any Excess Wear and Tear Deduction, and, (C) less any Excess Mileage Deduction. (Note. The last scheduled payment is the
payment shown in the original payment schedule This payment may be different from the payment due at the end of the contract term.)
You have the option to sell only if each of the following conditions is met
1. You have given the Creditor at least 30 days advance written notice of your intention to sell the vehicle and you drive the vehicle as
directed to a specified place so that the Creditor may make a preliminary appraisal of the vehicle's condition,
2 You have not broken any of your agreements under the Contract, including your agreement to keep the vehicle free from all liens
and encumbrances other than the Creditor's lien,
3. You have paid the Creditor all amounts owing under the Contract except for the amount of the payment due at the end of the Contract term,
4. You deliver the vehicle to the Creditor on the due date of the last scheduled payment (or the following business day) at a place
designated by the Creditor;
5. You pay the Creditor on the due date of the last scheduled payment any excess of the payment due at the end of the Contract term
over the Sale Price;
6. You have serviced the vehicle as described in the Owner's Manual and in the Maintenance Schedule folder and as the manufacturer
requests in any recall campaign; and
7 You have not altered the vehicle without obtaining the prior written permission of the Creditor
it you exercise this option, you will sign and deliver all documents that may be needed to transfer title to the vehicle to the Creditor
Excess Wear and Tear Deduction. The Excess Wear and Tear Deduction used to figure the Sale Price will be the amount the Creditor
estimates it would cost to make all repairs to the vehicle that are not the result of normal wear and tear, whether or not the Creditor
makes the repairs. These costs include, but are not limited to, the amount it would cost to repair or replace: (a) glass that is damaged or
that you have tinted, (b) damaged body, fenders, metal work, lights, trim or paint: (c) missing equipment that was in the vehicle when
delivered and has not been replaced with equipment of equal quality and design; (d) missing wheel covers, lack or wheel wrench;
(e) missing or unsafe wheels or tires (including spare; snow tires are not acceptable), (t) any tire with less than 1/8 inch of tread remaining
at the shallowest point; (g) torn, damaged, or stained dash, floor covers, seats, headliners, upholstery, interior work or trunkliners,
(h) any mechanical damage or other condition that causes the vehicle to operate in a noisy, rough, improper, unsafe, or unlawful
manner, (i) any other damage; and, 0) any other costs required to restore the vehicle to saleable condition
Independent Appraisal. If you dis r with the Excess Wear and Tear Deduction, you may obtain apyour own expense a professional
appraisal of the vehicle's value Theraiser must be an independent third party acceptable to both you and the Creditor. If you choose to
obtain a professional appraisal, the Sate Price will be the lesser of: (1) the amount of the last scheduled payment as shown in the payment
schedule, minus the $250 disposition fee; or (2) the appraised value of the vehicle minus the $250 disposition fee
Excess Mileage Deduction. The Excess Mileage Deduction used to figure the Sale Price will be L L 2 per mile for each mile
the vehicle is driven over ! l{9LilJ / -miles.
Your Option to Refinance. You may enter into a new written agreement with the Creditor to refinance the payment due at the end of the
Contract term at a rate we choose that will not exceed the lesser of: (1) the Annual Percentage Rate in effect under this Contract at the time
of refinancing or (2) the highest rate at which this Contract may be refinanced. The monthly payments under the new agreement will be no
greater than the average of your regular monthly payments under the Contract (exclusive of the payment due at the end of the Contract term).
Buyer Signs /,?' Co-Buyer Signs LMZ MC ylw_?
Other owner signs
Creditor Signs e AjC By
Title rnGK
GMAC AD-16-1 (5-99) (11)
ORIGINAL
EXHIBIT "B"
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CERTIFICATE OF TITLi FOR A VEHICLE
1163
06202`3400000795-001
16NDV33L96D128031 2006 1 CHEVROLET f 6351386$901 MC
VEHICLE OCHrIFOCATION NUMBER YEAR MJWE OF VENICLP TITLE NI1LpR
Sw - a I 7/21/061 000094 1 0
BODY TYPE DUI SEAT CAP PP" TITLE ITATE ODOM PROM DATE ODOY MI.EA ODOM STAPA
7121/06 7/21/06
DATE PA TITLED DATE OF ISSUE UNLADEN VVEID O ' OVWR GCWA TITLE ORA04M
i
REGISTERED OWNER(S)
WILLIAM K MCNAIR
MELISSA MCNAIR
47 EAST MAIN ST
nn owv % ar
NEw eLOOnfLD Pa 17068 = W D
T T • IEOgWM TNW YWpl
V . VE4M 00WASO PRISOLM VIN
w . PLOW VEHICLE
FIRST LIEN FAVOR OF SEC j LIEN FAVOR OF X . ISWAS A TAW
GMAC
N . UaIIIEIr is km Low Waft on at is ka on er !art
M. mm. '" TEh fa er oamu a Maur "'as wM DA
FIR9T LIEN RELEASED ' farm W4 he
DATE {1
er SECO4 LIEN RELEASED
AUTHORIZED REPRESENTATIVE I DATE
MAILIM ADDRESS I
= er
A ATTVE
GMAC
PO 80X 6140
COCKEYSVILLE MD 211030 OWW I:* .1 TON* f.I?rlrhm ? of now ft g -Lr OWIWM at
w*MM I!ft v-U o I.,, ALLEN D BIEHLER
a"aM Iel" --
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eONATUM OF N•LICAW OR.WrNCftrED EIONER
Oman" d C6YRCJW mm OF w"cftm somm
rc a oFpureneeer eETer d1M yeElt .. p
be 00d as •Joft Tema vm of «ENrEAflq' (OR dam a EIIE
um go" n En k" cum) alEpc btM EL Ollon so. On Oft
ndl blued w 'Unrw In C mwaW (On dm& d one olww. kMW d
dooered owner gow to htlfiw Mete or eMMN
1 ST LIEN DATE ? F NO LEN, CHECK 0
IST LIpN1OLDER
STWE
Cm eTATE ZIP •,-_
Y E AN ELT CHECK NEW 0 iEEyC1AL.
NOTE REOLAIED eIETTTLrTIDN NO
2ND LifN, DATE .? IF ND UCK CIIEOIL
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e' E AN ELT. CHECK NEW AIE/CIAL
NOTE 111E0le11E0 l om
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7 . MOf TIE ADTINLIeleA9eCODIEfEi
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0 •DIEMWirwat? LOA NOIFuA.
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L LOG110111 VEHICLE
10 A MlIr VEHICLE
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EXHIBIT "C"
XWWW
A t t o r n e y s A
Please reply to
P. O. Box 840
Harrisburg, PA 17108-0840
August 31, 2010
Via Certified Mail No. 7009 1680 0000 2107 0744
and Regular Mail
Melissa McNair
210 Shughart Avenue
Boiling Springs, PA 17007
Joshua D. Bonn, Esquire
Jbonn ,nssh.com
In re: Ally Financial Inc. f/k/a GMAC Account #020-9080-78385
2006 Chevrolet Uplander
Dear Mrs. McNair:
Please be advised this office represents Ally Financial Inc. f/k/a GMAC Inc. (herein after
"Ally Financial") 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
Ally Financial to collect a debt, and any information obtained from this letter will be used for that
purpose.
Ally Financial has advised that under the terms of a Retail Installment Sale Contract, you are
delinquent in paying the May payment in the amount of $514.52, and the June, July and August
payments in the amount of $528.33 respectively, plus late charges in the amount of $52.56, for a
total delinquency of $2,152.07.
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 that you signed,
you are hereby called upon to cure the default by paying the sum of $2,152.07 within seven (7) days
of the date of this notice. Please be advised that Ally Financial 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 Ally Financial in connection with your default. Specific information concerning
these attorneys' fees will be provided to you after Ally Financial's receipt of the total delinquency.
•
t L a w
Superior analysis. Effective solutions. Since 1871
1 ?
Melissa McNair
Page 2
If you fail to cure the default, Ally Financial will declare the entire amount you owe
under the Contract IMMEDIATELY DUE AND PAYABLE. You may contact Ally Financial
for the total amount due.
If you wish to correspond to Ally Financial directly please contact:
Ally Financial Inc.
Attn: E. Verke
P. O. Box 380906
Bloomington, MN 55438-0901
You may also call Ms. Verke at GMAC at 1-888-204-9783 ext. 8866.
If you do not dispute the validity of the debt or otherwise promptly make the delinquent
payments, then, Ally Financial will exercise its remedies, including (but not limited to) filing a
lawsuit against you for the repossession of the 2006 Chevrolet Uplander and for breach of contract.
If Ally Financial 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. Born, Esquire
JDB/sm
cc: Ally Financial Inc.
lxaww
t t o r n e y s A
Please reply to
P. O. Box 840
Harrisburg, PA 17108-0840
August 31, 2010
Via Certified Mail No. 7009 1680 0000 2107 0720
and Regular Mail
William K. McNair, III
210 Shughart Avenue
Boiling Springs, PA 17007
Joshua D. Bonn, Esquire
Jbonngnssh.com
In re: Ally Financial Inc. f/Wa GMAC Account #020-9080-78385
2006 Chevrolet Uplander
Dear Mr. McNair:
Please be advised this office represents Ally Financial Inc. f/k/a GMAC Inc. (herein after
"Ally Financial") 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
Ally Financial to collect a debt, and any information obtained from this letter will be used for that
purpose.
Ally Financial has advised that under the terms of a Retail Installment Sale Contract, you are
delinquent in paying the May payment in the amount of $514.52, and the June, July and August
payments in the amount of $528.33 respectively, plus late charges in the amount of $52.56, for a
total delinquency of $2,152.07.
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 that you signed,
you are hereby called upon to cure the default by paying the sum of $2,152.07 within seven (7) days
of the date of this notice. Please be advised that Ally Financial 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 Ally Financial in connection with your default. Specific information concerning
these attorneys' fees will be provided to you after Ally Financial's receipt of the total delinquency.
•
t L a w
Superior analysis. Effective solutions. Since 1871.
Nauman Smith Shissler & Hall, LLP • 200 North 3rd Street* Harrisburg, PA 17101 • 717.236.3010 • fax: 717.234.1925 • www nssh enm
William K. McNair, III
Page 2
If you fail to cure the default, Ally Financial will declare the entire amount you owe
under the Contract IMMEDIATELY DUE AND PAYABLE. You may contact Ally Financial
for the total amount due.
If you wish to correspond to Ally Financial directly please contact:
Ally Financial Inc.
Attn: E.Verke
P. 0. Box 380906
Bloomington, MN 55438-0901
You may also call Ms. Verke at GMAC at 1-888-204-9783 ext. 8866.
If you do not dispute the validity of the debt or otherwise promptly make the delinquent
payments, then, Ally Financial will exercise its remedies, including (but not limited to) filing a
lawsuit against you for the repossession of the 2006 Chevrolet Uplander and for breach of contract.
If Ally Financial 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,
A -t I?L 4 o--?
Joshua D. Bonn, Esquire
JDB/sm
cc: Ally Financial Inc.
NAUMAN, SMITH, SHISSLER & HALL, LLP FlLEp--rJl-rl CE
f, -F vOTA.RY
J. Stephen Feinour, Esquire
Supreme Court I.D. No. 24580 10 SEp -8 PM 4: 08
Joshua D. Bonn, Esquire
Supreme Court I.D. No. 93967 CUM& % +JUN1Y
200 N. 3rd Street, 18th Floor Counsel For: Ally Financial Inc. f/k/a A'CYnc&.
P. O. Box 840
Harrisburg PA 17108-0840
Phone: (717) 236-3010
Fax: (717) 234-1925
ALLY FINANCIAL INC. : IN THE COURT OF COMMON PLEAS
f/k/a GMAC INC., : CUMBERLAND COUNTY, PA
Plaintiff
V.
WILLIAM K. MCNAIR, III,
MELISSA MCNAIR,
Defendants
: NO. 1,0 - 5?9y Owi (Pr*
: CIVIL ACTION
: ACTION IN REPLEVIN
PRAECIPE FOR ENTRY OF APPEARANCE
Please enter the appearance of J. Stephen Feinour, Esquire and Joshua D. Bonn, Esquire, as
Attorney for Ally Financial Inc. f/k/a GMAC Inc., the Plaintiff in the above captioned case.
Dated: September 7, 2010
NAUMAN, SMITH, SHISSLER & HALL, LLP
. 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: Ally Financial Inc. f/k/a GMAC Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~,~ r r ^ ~~5~~
Sheriff F ~-+~.,~ r.
n 52`~'atr ~1 :.~i:u,',,
Jody S Smith " t ~ c~ o l; j Qi`~ $~ ~~
Chief Deputy ' ~'~ "'`
Richard W Stewart ~U~II~ ~.; ~-a'` °'~-' '.,~~u~lY
Solicitor ~E~6fJSY~V~~ilA
Ally Financial Inc.
vs.
William McNair, III (et al.)
Case Number
2010-5794
SHERIFF'S RETURN OF SERVICE
09/10/2010 06:25 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
10, 2010 at 1825 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: William McNair III, by making known unto himself personally, at 210 Shughart Avenue,
Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to
him personally the said true and correct copy of the same.
r ,-~Zj
DENN FRY, DE
09/10/2010 09:15 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
10, 2010 at 2115 hours, he served a true copy of the within Complaint in Replevin, upon the within named
defendant, to wit: Melissa McNair, by making known unto Richard Sedeshe, adult in charge at 8 Liberty
Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $55.70
September 13, 2010
~ ''
DENN FRY,DEP Y
SO ANSWERS,
'~.
RON R ANDERSON, SHERIFF
NAUMAN, SMITH, SHISSLER & HALL, LLP
Joshua D. Bonn, Esquire
Supreme Court I.D. No. 93967
200 N. 3rd Street, 18th Floor Counsel For: Ally Financial Inc. f/k/a GMAC Inc.
P. O. Box 840
Harrisburg PA 17108-0840
Phone: (717) 236-3010
Fax: (717) 234-1925
ALLY FINANCIAL INC. IN THE COURT OF COMMON PLEAS
f/k/a GMAC Inc., :CUMBERLAND COUNTY, PA
Plaintiff .
v. NO. 10-5794 Civil Term
WILLIAM K. MCNAIR, III , :CIVIL ACTION
MELISSA MCNAIR, -, ~
--?
Defendant :ACTION IN REPLEVIN ~'" t<,
=' .
.,, .~,
W~ ~ rR=-~
Y
PRAECIPE TO DISCONTINUE Y
'"'i-ro' lye ~
_~_~Y : ~ yr
~~
5 F
.~ ~ 6 y..-..
~
-y1~~
{~.~ ~ ~ 1 ~,/ l.~ 1
TO THE PROTHONOTARY OF CUMBERLAND: ~,.F -~ -- T
~`~ c-~ ,
w ~ ca ~-±
~..._
KINDLY mark this action discontinued without prejudice. ~° ~ °
~- ~. ~,
~R ...~ Tj
Respectfully submitted,
NAUMAN, SMITH, SHISSLER & HALL, LLP
Dated: September 15, 2010
~shua 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: Ally Financial Inc. f/k/a GMAC Inc.
APPROVED by Ally Financial Inc. f/k/a GMAC Inc. on this ay of
C
By• ~~~
Name and Title