HomeMy WebLinkAbout12-1423WELTMAN, WEINBERG & REIS CO., L.P.A.
Attorney for Plaintiff(s)
BY: William T. Molczan, Esquire
I.D. No.47437
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9194107
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ALLY FINANCIAL, INC
Plaintiff '?O* I k4 93 Civil
vs. Civil Action No C L'N -
BILLIE JANE MARONEY
Defendant(s)
COMPLAINT 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, 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 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
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C CAAPT A WT
1. Plaintiff is a corporation having offices in 2911 Lake Vista Dr, Lewisville, TX 75067.
2. Defendant is an adult individual residing at 45 King Drive, Carlisle, PA 17015
3. On or about January 27, 2010, Defendant duly executed a Retail Installment Contract
(hereinafter the "Contract") in favor of Hyatt Pontiac Buick GMC, 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, Defendant took possession of the vehicle more particularly
identified in the Contract as a Used 2007 Cadillac Deville DTS.
5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned
from Hyatt Pontiac Buick GMC to Plaintiff.
6. Plaintiff avers that Defendant is in default of the Contract by having not made payment to
Plaintiff as promised, thereby rendering the entire balance immediately due and payable.
7. Plaintiff avers that a balance of $16,814.16 is due from Defendant as of December 22,
2011.
8. Although repeatedly requested to do so by Plaintiff: Defendant has willfully failed and/or
refused to pay the principal balance, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant, Billd Jane Maroney, individually,
in the amount of $16,814.16 with continuing interest thereon at the statutory rate of 6.00% per annum
from the date of judgment, 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.
William T. Molcza , Esquire
I.D. No.47437
436 Seventh Avenue. Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9194107
RETAIL INSTALMENT SALE CONTRACT
GMAC FLEXIBLE FINANCE PLAN
Dealer Numbs Contract Number
9194107
Buy. (and Co-auyerl- Name and address (include mtasy and zip code) Creditor (Seller name
?gaa?M address)
GEONGE FRNI G ORGE ONN SL 29440 MYRTLEOBEACR SCU29577M6700
You, car autw (and co-6uyar. of arty), may, by are vehicle described below f. cash 01 On credit. By sigrslg sw contract. you chose b buy, ?blilivclwcki
an credr
under the agreemante on the front and back d the contract. You agree b pay m the Creditor. eft Amount Financed and Finerwe Charge accor6ne to the
wn?^a• ehaweh.e r.r.n. v.v,w. v.e ... wu- caw - '-V hen a wry cases
Nana. Used Van Make and Model Vehicle lotantibcalien No. Use for Which
Purdased
CC Dp IILLLL
E Upersonal. family. N aagrfaAural
USED 2007 D
4ILL DTS 166K057YX7UI65565
? bwness ?
mccah
FEDERAL TRUTNa04LENDING DISCLOSURES
nesance. You may buy the physical damage
ANNUAL FINANCE Amount Total of Payment. Total Sal. Price insurance dies contract requires (am beck) from
PERCENTAGE CHARGE Financed The amour you The total cost of anyone you chops. who is acceptable to us. You
RATE The dollar The amount of will have paid after your purchase dl inalif also provide ea physical damage insurance
The cost of our
YW amours the creel'
to
provided
you have snide all
credo,
including through
an ewsing poky owned or consoled by
Uedaazaya
owy coatwitcost . an car n a
you
yaw
payments pa mpsyr
nt
Your tlow you that is aoeptebb to us. You are not roguied to
rate. YOM bahall. scheduled. . 40 ,Q0Q
dS
i. buy cry Dew insurance to obtain credit
11 74 % f
-AINLU ! 7411A 5R s 334b7.04 s 33807.04 11 any insurance is rhecited below', policies or
ceniecatae from Me named insuran
e rm
r
n
in
Your Pay rant Schedule WM aft; r
ipa
es w
c
deacribe the tam. arid oriditior,.
Number
of P Amours
of
P When
Payrters
Aie Oua
Or a<
Foehxrs
;2 1 S Met" beginning I
- -
Lab Cherge. N • Payment is not rwafred in lot within IO days char it Y due, you we pay a late
charge Of 6% Of Nit pan of the payment this if Ieb. wiT a neminun charge of $6.60. The charge
will not exceed 516.50 it you boughs ea vehicle Primarily for personal. family,. household use.
PrpaynurN. If you pay dl as your debt early. you will not have to pay a penalty.
Soturity Nearest You era 9"s security interest in the
vehicle being pmeused.
AdealioW IneermaYOn: Sea this conga for more Wormution Including information about
natpeymei default. any required repsymers n full before the scheduled date. and secunty merest.
'FENIZATR7H OF AMOUNT FINANCED
ICash price (ndudnganyaccessories. services. and ta xes) $ 23295.081)
x T.ef mar _ (gn.gative erear round sag line .H bob.)
Gross hnde n f 2 00.00 - cayefl by sale's 0.00
. nettrade4 f -1300.00 . cash$ 1540.00
otherWarscribe) S N/A s 340.002)
3 Unpaid balance of rash price (I mires 2) S JJ?, ?ij
4 Other charges indudln9 anbure paid In others on your behalf (Seller may
keep pad of these r rreunls.):
A Con of op and credit nsumce pad to the Insurance
confra"Y or companies
Life S N/A
Disability S N/A -- -S NtA
a coal or new officinal In. paid to is
kmewahm company 6 NIA
C official fees paid to goyernmrrs agencies S 35.00
o GovwmeMS taxes not ntawd In faith prim s N/A
E Govarrur license and(. nV*W. lava f 24.00 -
F Goyemmer carbons d bee fees s 15.00
G Gtiar cher?gFepa (Seelw mustdwafy who is paid aid
I
-1r/A
-1f"17- N/A
to ONPAU.
- s----74U-.W
PONTI Imo.AORIN?FEE
1\WA?o TT s---349-.W
lo for s- vi -
to !.
d s--IT/A'
mt.
to for
S-?
H No trade-n payoff to
TOW odor charges and emou is paid to others on vow belle s 11163.5g4)
5 Amount 6rwrmd (3 . 41 s """• 245)
Check h. Insurance you were and sign below:
Optional Credit Insurance.
?Credd Lib: ?Buyw LICo-Buyer C1 Both
? Credit Disability (Buyer Only)
Premium. N/A
Credit Liza S
CradsDisability s N/A
_
N/A
(-wrance Company)
(Horns Of6p Address 1
CONSUMER CREDIT INSURANCE la NOT
REQUIRED TO OBTAIN CREDIT AND WILL NOT
Be PROVIDED UNLESS YOU SIGN AND AGREE
TO PAY THE ADDITIONAL COST. You decision
to buy a not buy credit We insurance and credit
disability Insurance will not be a factor n the cad's
approval procass. Creds He Ymkanra pays oral
the amount you wale bays it you paid ON your
payments on time. Credit diaalsby insurance does
riot cove' any increase in yaw p.yi nerd or in the
number of payments. Coveralls for credit ill#
insurance and Dads dsaW4 insurance ands on
the original due dab forth test payment uNess a
different term for he -eranm Is shown below.
Other Optional Insurance.
N/A N/A
Type of Imusanca Tem
Premium 3 MIA
N/A
N/A (-swai Camp")
(Homo Office Address)
Other options! Insurance is not isilum b obtain
credit- Yam decision no buy or not bury oaar optgrW
Insurance wit not be a feeler In ee creel approval
proms. R coil not be MOVsed greaa you sign and
apes b pay sate extra cost.
I war the insurance checked above,
X _
Buy. Sipnaltme Data
x _
co-Buy- signs" Data
ANY INSURANCE REFERRED TO IN THIS
CONTRACT DOES NOT INCLUDE COVERAGE
FOR PERSONAL LIABILITY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
HOW THIS CONTRACT CAN BE CHANGED. This contract contains digthe true agree marq be you rig to dal contras. Any charge to the
contractimiustlas' guys Signs xI13U,L(I.iJ}aees, /r?Q/F IT- . C-Suryor Sig
II any part of mw= I cold. as new pans stay alid. Wo may delay ekan tom ol our rights wide, this Contract wHeul Iositg tem.
F. example. we may extend the time for me" some payments without emending the ems for makeg others.
See beck for ohs l.p.tard egreensue.
The Anrwat Percentage Rate ma; be negotiable with the Seller. The Seger may assign this contract and retain its right
to receive a part of the Finance Carge.
You agree tens trams of this cureraeL You confirm that bef.e Tau signed this contract wa gay. it to you, see to take it and review IL
Yrre c - r- th y0Y Ifeelead ¦ -mol@Wv fill." coy what e?ghed iL QV _
B. SI¢nx?? Qom, 01/22010 Co-guysrSignzx(1-110-" ..?? 0112712010
Co'Bayere and OMW "Isne • A tea buyei is a pwwWWO Is reapwdfMo for paying the mere deaf. An cow r s a peron whe" name is on Iva bills, to
the vehiW but does not have to pry the debt. The peter awmr apneas to the secury Interest in the vehicle given to us in ads contract
Dtlar owner signs here x pate Address
Creditor Sion. 0112712010 -_ AIA./Jv /
under sate
to:
Nak.W
GMC
2109 FR SC ?ADDS (Fa usa n 9u Sus d Sough Cwoiku) (I d 4)
COP09M 2006 GMAC. Al Rights Reserved.
Notice.. Ses Other SWe
EXHIBIT
1
OTHER IMPORTANT AGREEMENTS
1. FSIANCE CHARGE AND PAYMENTS
s. How we will figure Finance Chrga The Finance Charge a figured
on a daPV%mm alkalis Armed Percentage Rau on sire unpaid pen of
in* Amount Financed.
b. How we will apply peymrta We we apply each paynwnd Gal to as
earned and unpaid pent of the Finance Charge, end then to se unpaid
pan of de Arteut Financed.
c. Now isle prlymanu or eery pftww" slangs what you mum pay.
We based the Fknea;e Chage. Tae of Paynwnn• and Total Sale
price ewwn on the hoe on the assumption that you will mats every
pmymem m are dry It Is due. Your Ferric r Charge; Taw of payments.
aAd Tow SQe Pdu iii be mat N you pry lea and less if you pay
-av. Changes may` iAW04 form of a whir r-&-u her trial payment,
or, el our option. more or le -a payments of the sans amount as your
wtwAAed paymad Ali a amaa r final garment. We will seal you a
notice NOV you about these degas before the rate scheduled
patterreat Is due.
d You any tolb a b@rAen prymeht A balloon payment Y ¦
fdwwftd peyhwar am Is mss sae twace as urge as the avenge of
yaw eaesr Wwdead pefnwas. n you are buying On vehicle prknnpy
for pareahe, lanky, or 1 1, 1 'd use, you may mL wm sit I -,
Pw n m t. wham der without Pwwty. Thai arras or dw ieMwnrinp webs
no lass favorable to you sun an tees of M con " This poeision
does not WOy N we edjsud your payment schedule to your seasonal
or kregrhr Inns.
i YOUR OTHER PROMI S TO US r
a. It the vehicle In damaged, l earne or meelng. You agree to pay
lea Y you owe wider this contract even N the vaNtle a dapged,
destroyed. or missing.
D, Using Sur vehicle, You agree not to renter the vehicle rime die U.S.
or Gods, air to asd. net. woe. or tr16far any interest in the vehide
w ses cawad ww" ant.o rm permission. You apes not b expose
ft ,slide to Iisase, sties. eaMwaterl. or iivoerdany transfar. N
we Pay any repair bet storage bits, taws, Mars, or dargea on the
wliea, you agree to repay the amount rlrh we ark fa k.
a Security Internal. You give to a moor y interest n
t. Thar vehicb d as pala apoo s ksWled n N:
2. AN exanargnodereemagfymaWs)fordwvOW,;
3. AN kiasra mid mainwwha, service, a Gma corwacs we Lnwlce
for you: and
r. An Pmfwmda kill Insurance. maimenance, service. or other
contracts ere Inver for You. This IrirAn I any rehabs of
paernkaU or changes corn IIN owracs.
This wags PWMWM of Wl you owe an this aroaCL It sim ssorras
your Omer owwmema in thb conlmct. You we mike aPe the we
thaws our sectaNy tnteror pion) in the veltde.
cLkiwaass you her heave aid tit w kIdL You apes u have physial
damegs kwheance covering Ides or damage to ow vehlde for an arm
of des cataract- nor iesaame mart core pr Iname a in she vehicle. N
you do not here sire kaYrera, we my, N we decide, buy physic*
damage MUNN". It we ado to ley phtytkar damage kHurmg* we
my a*- by kwrana to covers your imaral and ole interest in
No wide. a by insurance der covets oft our tam at. It we buy
Nee We Of Innew¢e, we deg Us you which type and to charge you
must pay. The charge will be the fewlawn for mho nMOW= and a
fnrice charge At sw Annual Percentage Rau elcwn on the hat of
gin coLana
If Ow vehicle is lost or drnagW, you apes ter we may use any
edilimmill taWemwt 10 reduce whel you owe orrepair thevehicle.
e. teat hapPwW to retarnW Insurewca. mWtwwni:e, service. or
Q UM COMrsO cheeses. N we gel a refund of ireleaoe, rlanlewioe,
senior, r oiler -ad charges, you agree OW we may subtract the
refund from whod you owe.
3 YOU MAY PREPAY
You my prepay as or pat of on ranged pert of the Amount Financed &I
airy OM wiawe penaky. It you do so. YOU must pay ft earned and
unpaid part of the Finance, Charge led all other amounts due up to ore
dew of your parywrient.
a. W YOU PAY LATE OR SPEAK YOUR OTHER PROYSES
a. You may Pere isle chergsa. You wil Pay a late chege on each laic
payment as ahown an sw front. Acceptance of a late payment or late
charge doe nor eahse your elm payrllsa am an deb you may kasp
making tau payments. If you pay lots. we may also take the Maps
described below.
0. You may have to pay an you owe at once. It you break you
prarniap (datnuft). we may dwnand that you pay as you owe at once
alter we give you any notice the law resumes, Default manna:
1. You pay any payment more it= 10 days lilt a riot at air, r.
2. You Men a pnoceeetg in OaNrupdy or one is sbrud against you
ar yaw plops rty, or you tong" any agreements in this ox*N:L
asap 00 N you bought NH valide $megy for psrepnst burly.
or hmn"d purpose. we We ay Peat doves events n dehulls
if tiny sigruista dly impair the pmspeci of psymmi, perhamarce,
of realitelon of the collates.
The smiled you we owe we be she unpaid pan of this Amount
Manned plus the maned and upe4 part of the Prance Charge. any
left charges. and any we-va der berries you dW-U d.
e. You nay, have to pay collection come. a we We all pommy who Is
not our aalaled ampbyee to collect what you owe, you we pay ore
WW WO Mnwable fee and faun MM der low vomits. The
ma>erum aNdnays fee you will pay we be 15% of da am urd-you
des.
6 We ry Wive to vehicle hen you. N you deWP, we may aka
(mp.?) der vehicle from you after we give you any, notice Nor Cave
reprpa we mayr any tale the ,elide N w do so pasostley without
asokg into a Am+elig used as, a our o aedewe and der law some
N. N your wlsole has M eleetraie tnaaiig device, you egret Nor vle
my use ant tlavi, to end the vdkk. IT we ww to vehicle. any
.
momaorles, O*wn@K and rmum we pre We stay wash the
vslice. n arty personal Name wt n Nw vsl via my saw them lea
you el your elpenew. N you do not ask b them items back, we my,
dispon of them es des tow allows.
e. Haw you Can gel the vehicle back N we aka IL N vw repossess the
vehicle. you may py to gat N back (nTdnm). We will us you how mach
b py b redecm. Yourdon b mdewn wds when we ad der vehide.
L We will WIN der vehicle It you do not gel It back N you do not
ante, we we all the vetice. We we a" you a written notice of
sale before Sdkg Uw valnide.
We we apply the may from the war. less allowed sepensas, to the
amore you owe. Apowed rope saw are nowan We pay n a dkeat
rem t of tstng do will Iroletg il, peparsg N fr tie. OW se i g IL
AltertNy leas and court COM the uw permits are also clewed
opwmm& N ley money Is left (wdpks), we we pay N to you. N money
from to orb is riot enough to pay the anolea you owe, you mid pay
the rest to us lessee the law prowls, gla air e. If you do not pay thin
..mart when w aak, as may charge you inbrest at sw highest lardt
rots unit you PPy.
g. Welt are awry de about opdanY ns rsece, nWnta momm mevlCe,
or otter cenoata This contract rear coman congas by optiawl
insurawtf• mmftnwto4 service. or ode contracts, If w, repouees
the veHde. we ally Balm ba,rea under tlees contracts wad cance!
dam to obtain shads of unearned dwW to reduce who you owe or
repairgar veil - N dw velsde i a mW has beaus a is c onlhatW,
dwnagW, or stole% we may dell bent t under darn contacts and
angel them to obtain retundt of unearned dwrgas to reduce dew you
era.
IL Dklwrwmd Check Charge if you by to pay any portal of an ameum
you ows with a deck dot is dlYhorwad, you we pay a service charge
of S30.
S. WARRANTIES SELLER DiBCLAINS
Unless the Sells swba a wrinee warranty, or setae IMa a service
contract wall 1 90 days hem are des of tub andmq, the Soper
melee no wenrentles, expreas or Impbd, on the Wea IN, and Owe
WIN be fie.tstpNW werranow of owrohodamliry er at foam for a
patkew purpose.
This provision does not Mac any w mliee canning the vehicle ;has the
velWee mwfacka d may proems.
S. Used Car Beyme Gates. The felorrnMlon you ant an the window farm
fa tics veriele b ern of ate oon*WL Hprwmom an the rrtsftW
harm overrides arty contrary provisions M the conker of pia
Spanish Tmnla*m:
Geis plus saaipra " de wmlales uesdaa L. lied meciAn pit w
en of larmWale de to aentsnla pare fib Wehitulo lorm a parts dal
promise car anup, La ulrmaNdn del bmmlarle do to veneatlle dap
sin *facts left dleposid6t an cm d is centertda an of comets de
vents
7. APPUCASLE LAW
Federal tow and South Carolina law apply b thts 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.
9194107
The preceding NOTICE applies only to goods or services obtained primarily for personal, family, or household use. In all
other case, Buyer will not assert against any subsequent holder or assignee of this contract any claims or defenses
the Buyer (debtor) may have against the Sailer, or against the manufaelurer of the vehicle or equipment obtained under
this contract
ALLY FINANCIAL INC.,
Plaintiff,
VS.
MARONEY, BILLIE JANE,
ALTMAN, CHARLIE DENNIS
Defendant(s)
AFFIDAVIT AS TO AMOUNTS DUE AND OWING
AND MILITARY SERVICE OF DEFENDANT(S)
STATE OF TEXAS
COUNTY OF DENTON
BEFORE ME this day personally appeared Cindy Shafer (Affiant) who
first being duly sworn (or affirmed), deposes on personal knowledge and says:
1. Affiant is over 18 years old and competent to make this affidavit. Affiant is authorized to
execute this affidavit on behalf of the Plaintiff as an employee of Ally Servicing LLC. Ally
Servicing LLC is an affiliate of the Plaintiff and is responsible for the servicing and
administration of the account that is the subject of the above-styled action (".Account"). The
Account relates to credit given to and owed by Defendant(s) to Plaintiff.
2. Ally Servicing LLC maintains the Plaintiff's records for the Account in its capacity as
Plaintiff's servicer in the ordinary course of its business. As part of Affiant's job responsibilities,
Affiant has access to certain business records related to the Account. Affiant makes this affidavit
on personal knowledge, after review of certain business records relating to the Account. Such
business records were made at or near the time by, or from information transmitted by, a person
with knowledge, kept in the course of regularly conducted business activity and it was the regular
practice of Ally Servicing LLC to make such business records on the Plaintiff's behalf.
3. Defendant(s) failed to pay the amounts due on the Account. Attached as Exhibit 1 is a
true and correct copy of the notification mailed to Defendant(s) regarding; the remaining
obligation under the Account as of the date of such notification. The document attached as
Exhibit 2 reflects that as of the date of this affidavit, the outstanding balance owed to Plaintiff by
Defendant(s) is $16814.16. This outstanding balance includes any and all payments, credits,
1
rebates, adjustments and charges posted to the Account after the date of Exhibit 1, including but
not limited to court costs, service of process fees or other legal costs.
4. Affiant reviewed certain business records of the Plaintiff to determine whether the
Defendant(s) is/are in military service. Such business records do not indicate that the
Defendant(s) is/are in military service. In addition, Ally Servicing LLC obtained a certificate as
to military service of the Defendant(s) from the Defense Manpower Data Center (DMDC).
Attached as Exhibit 3 is/are the DMDC certificate(s). Based upon the foregoing, Affiant states
that Defendant(s) is/are not in military service.
FURTHER AFFIANT SAYETH NOT.
Cindy Shafer
Portfolio Coordinator
The foregoing instrument was sworn to (or affirmed) and subscribed before me this
yam{ day of? , 2011 by Cindy Shafer , who is
personally known to me or () produced as identification.
r'
i
Type/Print Name Here: K Mann
NOTARY PUBLIC, State of Texas
My commission expires:
WELTMAN, WEINBERG & REIS CO., L.P.A. N?uRti
2014
2
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Nov-30-2011 14:02:00
EXHIBIT 3
Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
MARONEY BILLIE Based on the information you have furnished, the DMDC does not possess any information
JANE indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is the current status of the individual as to all branches of the Uniformed
Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).
ohk? 14 . A(?_
44"?_ 0
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense
Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for
military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as
amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of
thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and
has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or
representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the
SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service
via the "defenselink.mil" URL http_ //www.defenselink.miI faq//pis/PC09SLDR.htm1. If you have evidence the person is on
active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can
submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects active duty status including date the individual was last on active duty, if it was within the
preceding 367 days. For historical information, please contact the Service SCRA points-of-contact.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more
than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service
authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC §
502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All
Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they
support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National
https://www.dmdc.osd.mil/appj/scra/popreport.do 11/30/2011
Request for Military Status
Page 2 of 2
Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days,.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes
of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons
seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based
have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend
to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active
duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections
of SCRA extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to
Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous
name or SSN will cause an erroneous certificate to be provided.
Report ID:LODUCVDONI
https://www.dmdc.osd.mil/appj/scra/popreport.do 11/30/201.1
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
"LED-.-fl-F!'"
?p?t`?;r of taint+:'f'fJ,I
rib
2012 MAR 16 AM 8: 45
CUMBEKLANU COUNTY
PENNSYLVANIA
Ally Financial, Inc.
vs. Case Number
.
Billie Jane Maroney 2012-1423
SHERIFF'S RETURN OF SERVICE
03/09/2012 03:38 PM - William Cline, Corporal, who being duly sworn according to law, states that on March 9, 2012
at 1538 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Billie Jane Maroney, by making known unto herself personally, at 45 King Drive, Carlisle
Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the
said true and correct copy of the same. /,
WILLIAM CLINE, DEPUTY
SHERIFF COST: $34.00
March 12, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
0;
,` M"T 2
PE rjSYL !?3r0U T
Anthony T. McBeth, Esquire
407 North Front Street
Harrisburg, PA 17101
(717) 238-3686
Attorney for Defendant
ALLY FINANCIAL, INC.
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
BILLIE JANE MARONEY,
Defendant
CIVIL ACTION - LAW
NO. 2012-1423 Civil
DEFENDANT'S PRELIMINARY OBJECTIONS TO
PLAINTIFF'S COMPLAINT
COUNT I - MOTION FOR A MORE SPECIFIC PLEADING
PURSUANT TO PA.R.CIV.P. 1028(a)(3)
1. In its Complaint, Plaintiff avers that the claim that is the subject of this action
was assigned to it pursuant to a contract, a full or partial copy of which is attached to
Plaintiff's Complaint.
2. The document attached to Plaintiff's Complaint actually makes no mention of
Plaintiff.
3. Defendant cannot properly defend herself if Plaintiff is not made to meaningfully
substantiate its entitlement to any sums from Defendant; with the Complaint in its present
form, Plaintiff has failed to do that.
WHEREFORE, Defendant requests this Honorable Court to enter an order
requiring Plaintiff to amend its Complaint to contain the required degree of specificity; upon
Plaintiff's failure to do so, Defendant requests that this Court enter an order dismissing
Plaintiff's Complaint.
COUNT - II - MOTION TO STRIKE FOR LACK OF CONFORMITY TO LAW OR RULE
OF COURT PURSUANT TO PA.R.CIV.P. 1028(a)(2)
4. The statements set forth in the previous Count are incorporated herein by
reference.
5. Plaintiff's Complaint in its present form violates the Pennsylvania Rules of Civil
Procedure in that it is not verified pursuant to Pa.R.Civ.P. 1024, and to the extent that the
purported assignment to Plaintiff is in a written document, a copy of the document is not
attached in violation of Pa.R.Civ.P. 1019(1).
6. As such, the Complaint should be stricken for its lack of conformity to law or rule of
court.
WHEREFORE, Defendant requests this Honorable Court to enter an order
striking Plaintiff's Complaint, and to provide any other relief the Court deems appropriate.
Date -r
Afithony T. Mc , Esq.
Attorney for D en nt
407 North Front-W, First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. 53729
2
ALLY FINANCIAL, INC.
Plaintiff,
V.
BILLIE JANE MARONEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2012-1423 Civil
CERTIFICATE OF SERVICE
I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served the
attached document by placing same in the United States mail, first class, postage pre-paid
addressed as follows:
William T. Molczan, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
436 Seventh Avenue, #1400
Pittsburgh, PA 15219 1AAAA Z 3, ao1 O,
A
Attorney for Def rnt
407 North Front St., First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
IN THE COURT OF COMMON PLEAS OF CUMEBRLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ALLY FINANCIAL, INC
Plaintiff
VS.
BILLIE JANE MARONEY
Defendant
No. 2012-1423
AMENDED COMPLAINT IN CIVIL ACTION
c hJ
?3
M »
FILED ON BEHALF OF MW
? r- c
N
Plaintiff -<> o
COUNSEL OF RECORD OF =C=
THIS PARTY: e`?
Matthew D Urban, Esquire c. a
PA I.D. #90963
WELTMAN, WEINBERG & REI S CO., L.P .A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#09194107
`T?
C ;
WELTMAN, WEINBERG & REIS CO L P A
Attorney for Plaintiff(s)
BY: Matthew D. Urban, Esquire
I.D. No.90963
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 09194107
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
ALLY FINANCIAL, INC
Plaintiff
VS. Civil Action No.
BILLIE JANE MARONEY
Defendant(s)
AMENDED COMPLAINT 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 compla tor
for any other claim or relief requested by the plaintiff. You may lose money or property or other rights import nt to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE OU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PRO IDE
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 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
AMENDED COMPLAINT
1. Plaintiff is a corporation having offices in 2911 Lake Vista Dr, Lewisville, TX 75067.
2. Defendant is an adult individual residing at 45 King Drive, Carlisle, PA 17015
3. At all times relevant hereto, Plaintiff' was engaged only in those activities, including
transacting business in interstate commerce, that shall not be considered to be doing business
Commonwealth, as defined by 15 Pa.C.S.A. § 4122.
4. On or about January 27, 2010, Defendant duly executed a Retail Installment
this
(hereinafter the "Contract") in favor of Hyatt Pontiac Buick GMC, a true and correct copy of said Contract is
attached hereto, marked as Exhibit "1" and made a part hereof.
5. Pursuant to said Contract, Defendant took possession of the vehicle more
identified in the Contract as a Used 2007 Cadillac Deville DTS.
6. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned
Hyatt Pontiac Buick GMC to Plaintiff.
7. Plaintiff avers that Defendant is in default of the Contract by having not made paym
Plaintiff as promised, thereby rendering the entire balance immediately due and payable.
8. Based on the Defendant's failure to repay the amounts due, the Plaintiff repossessed
vehicle and sent a letter on or about August 10, 2010, notifying the Defendant of the same. A true and
copy of the August 10, 2010 letter is attached hereto, marked as Exhibit "2" and made a part hereof,
to
9. On or about October 14, 2010, the Plaintiff sent the Defendant notice of the sale of the
along with notice of deficiency. A true and correct copy of the October 14, 2010 letter is attached
marked as Exhibit "3" and made a part hereof.
10. Plaintiff avers that a balance of $16,814.16 is due from Defendant as of December 22, 2dl 1.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
refused to pay the principal balance, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant, Bille Jane Maroney, individually, in
the amount of $16,814.16 with continuing interest thereon at the statutory rate of 6.00% per annum fror the
date of judgment, and costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBT
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
Matthew D. Urban, Esquire
I.D. No.90963
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 9194107
RETAIL INSTALMENT SALE CONTRACT
GMAC FLEXIBLE FINANCE PLAN
Double Numbar Conflict Wwker
Bayer Will Cio&tpeq- No Y and ed*m Qndude County onil rip code) CnNft (Wer??Mingge av?ail address)
?G T? 0 TONN SC 29440 N2ET11C?56U19577-6700.
9194107
ov%@"a,s an an two
and WCk d Ihb Cer,Matl YCY e0tma m pay us. M CnN4C , f
PATrrune aehededm dmanMbw. INa wB Apon M FlmerKe Chwga w m daPll br40Uwd Yowl E Mob eras Model Ymhidm idertaimloo No.
USED "71 KQIEP L D75 166X057Y%7U165565
Van aadedhbK Vw 2004 Mad FORD a4odel CROW Y1CTE
FEDGRAL TtTUTH•aa.LENpINp DIaCL06URt9
ANNUAL A-owl Total of ?siaerde TOaI pale ?rka
PEROd1TAOa Rnanomd The amoad you The anel Coal d
RATE Tim dollar The am" d woe viva pad der Yon pumhow on
Tlu Cow d your. WAOM M anal prodded la you have nods as Credit. btrtud
aaet aa?aywy oeel
vou, eel you?or an xYaw im"Is us You
?lvd' di?QQ~
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No~ Yasr •dnaiae WGI hn
of Asenwa An Due
Fdbra "M PO"M"
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raB nil a ewr 1 part yONrgv I OM 15 almmi 0011 for ? d 16Ab us Mlapa
arsAdd um.
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rwtp WWIU ddMtA rb Iagtbed miab oral in be baton ft scheduled dwe, and scanty miamaL
REMRATXM OF AMOUNT FINANCED
I Cash prkeldrdtdnpaoxAamwYlOa raavkea.2rtebm s 23295.01I)
1 Tadda nl . unaps" @new 0 - aw Ina 4H 4elaw
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keep W da! mew aaemn.k
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c caussi aea coed maowrw ant N!WJN i 35.00
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alddwnad Ospd0.awal
o ,
traraume. You neryr buy the ptryalwi dawrpe
kammsre IMa cerrad rpulns (emm Iwakl .corn
a""" Yea Cbmv wow Is aenpbba b me. You
Cory w- provide M Ow*,d da nops Inusrance
hough r, e,eathp peley awned of earth led by
yon Mt is temptable to n. YOU we not regdned to
euy any COW I-Raw= to olown endb.
IF cony nayeartae M divided below. Padden or
nniBtmlae rnrr, M rtwnW ieaanm oerapernae vAI
dnMM M a,ma end fartelltrne.
Check ate lesraea you wens and sips below, I
WdenalCrwNllneuranae, I
DandbLee: OBuyer OCe•auyer 080th
R crom ONabilly (Gaye Only)
Nmwm:
I.ie a N
Cruel DlseMbiv T Xp/A
N/A
(fewanCo Caapar,»
(Nome Address I
CONSUMER CREDIT INSURANCE Ill NOT
REGMED TO OBTAIN CRGOIT AND WILL NOT
BE PROVIDED UNLESS YOU DGN AND AOR91
M PAY THE ADDITIONAL COST. You dWdon
to Wry 01 el I0, Credo Be Insixim a and aedi
daababy Moaned wB net be • feces In M over
apProYat Ptmaeia? Ciodr me i,Mnnr"P eye only
M amount yes %&A eW a you Pahl w you
p PM$ aA Ihr. Leda (barn/ bnmnm den
not Cover any boveu in yer pymad a h M
Waimea ed * Ins an anal re
odpirW due ilea tar mbthelliu?we union on
in" Mir a,m la M bamsna Is shown bbeelow.
Omer OPtlondl Imuranoer
c l. NIA
Type or Irsunrw T?
Rm"lu,s_ N/A
N/A
N/A Pnwn,a Co^Wwyl
Mores don Aadr.ea) .
Caw Apalehd itsrranm In rot requited to aaab,
oael Your dedston to buy or no only aMr opimrW .
ft nrom WIN no to a tam In to Cmdl apommal
Rams. It we not be provided unless you Slpn aril
owes m pay the Were am. i
I want the kinummm an" end above.
'
_er t#pewre one
"7.
uyer stpenue O.a
ANY INSURANCE REFERRED TO IN THIS
CONTRACT DOES NOT INCLUDE COVERAGE
FOR PERSONAL LIABILITY AND PROPERTY
OANACE CAUSED TO OTHERS.
HOW TM CONTRACT CAN 61 CHANGER ThN conaacl watae be ands opneWNIU be YOU
=0 =.be and to east No arm ire lending. Any change to The
aqua 660 INa Cim Gal.
J?U.a Y17 co+uyar Gy l -
a wrid. am new pods NG MY affid. ft mow delay one b beat
M a our apMe Wgat this 00011d Wan,A Intg them.
Fes masaaN, win coq eWnd ter err tar nrkk,p man Mallards whey enlendlp this from for nw*v omera
pM Mad for meter lgwtra agndnium,
This Ara+aai Pamsit
Rata may be Regodabre With the 34dierr The Salvo cosy asilgn this contract and retain its right
to recieW a pars of FSnaryoe Glierg&
YOU BPM t Will Bala Of 911111 oanbaeL YOU OWAI- eel baton you signed IMm marKA, we OWN It b
Yea, rerelemd a eon Mr faWbM aopy won ?? "0. you, a M m Lb It are maw IL
x q O1/2 12010 ?a a 0112712010
CO?Buvrm cow ' A t"uyw b a ono In tearerle IN
payiq sir w&o debt. M oerr r Is a Parson won name Is an ft txN to
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Ga'nr owwer lisps hue X Dale Addrm
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aeM aeatpeb Wraelne?YaQto, ONuvelt Mfdlld
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C-PYrrpM 2110111 OWP- AN Fllp)b Reserveu.
OTHER IMPORTANT AGREEMENTS
f. PWANCE CHARM NO PAVWNM
a, Hew we will eswre Phneaw Chayw The nYnnwe awe* is Apu"d
?.A oaaVrs"• Arvnuo Peevempr R" an on U" yam of
4 Hew w - haply PPWML Ws eel "plynads paysoot see to 1010
erred end lipid and dNo Fkww Clause, and Non to Me urpW
Pen of ell Anse ?kunWad.
G Now 1oa Prybnalt or ady MWwte shany Who you Swat pry,
bale bused the ?bun10m cases. Taw Of Poympow and Total sale
Mow Bloom set ft teN an got eewrp on Na yet we nisbe every
peprleM awl MMdays Is dbust. VOW RHWM Chlannts:.-nTabi of Maym ^
mor•?su a?r??trs way+law'"Nooe as aryrWelM Redd troan
r. r ou apeare, we" w ISM peysewk of M swna Seem as your
sch dd ed ?tillnud wlh a weer fW Peymps We vas why you i
naa, nap yell stand rues Oros" bake h het aueaded
P%MMle dbL
0. TOW many MO an a bilaww PSpnrIL A bdmm pop 0 Y a
adrsded Perwea M Is boom eve Was an beta as all afrasa of
"wewtr mdotj "a pmpewS4 I you m bryhy a vadcle Pdmedy
for parsarrM.Ineft r fisesatdd w4 you mayramose ft b.eeon
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.. nc leaf lenlaablt a you Nunn to am d Nle anncwl. This Plowman
d ad w*sled year psymart whaatk to year addsweI
Irmens.
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a O On eahlda IS, dwwaged, 4sI i r wd.isp. You Some to any
Ye
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or oft eblaPtd wslwt Owwftn ?an'ndwl0ra Vw acne nct a ta,ast
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shims, our saawly bawd plan) in the vahlde.
d ft r R M you maw hem w set eahlass YOU agree to have *wAC l
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L VW MAY PREPAY
o you may popsy ay or IM dry In arpad Pant d the Annum FYeeCId at
I y?e" WX P?aan• W N Vow s 94 YOU 011101 Pay go Blared and
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4. IF You PAY LATE OR IIRFM YOUR OTHER Pfcaules
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1.
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r yam plemr or YOU break any agmamwrls in dos om"d,
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an heusshow P MWH16 we VA arty bad No" sumps" deletes
it Nay a¢""ny kyab M paspow d prymand, W Noumea anal
of rsaisetew was weoorsl
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1810 ehrpea, and any weam.le dun because you dsmuwd.
c. yw may baba IS Pay "WOW Snares. If all hka an stoney who Is
net our "low anployws be 0~ WM you pan, you wt pry IM
adwmr'b reasonable M and wan spat l he het Poness. TM
n adeaea SM 40 led yet WS Pay wE be 1516 of ft anes",you
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bom Ihs ask IS red enough to Pay the s moral yet am you newt pry
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ante unn yet (any.
s. Wlya we may do Shaul epYrd Insurance. maolwmnce, movie,
r sown asnhaals. Tile arand may gosh dwsw for apdwun
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On -%*. eta may ddm ber de, under Owe asrwaM and tens
them Is Obtain rdnavk Of rwatrad classes IS ream, Mud you wS, a,
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deemed. or Win. we way Wm bsneft Wave eeve coeawa and
oreoN lawn IOodnh "bads du vowed chWp$ to redact wNa you
owe.
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Vast pea wet it sheds am Is duamwed, you we bay • WA M chops
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L WARRAN M slum DnCLAIAR
Unless the silo micas a w-m a mammy, or anars boo a Nance
wnymat W" b dry" from am dolt or tole Sentence, On solar
makes no enema", anp"es r WOW ON INS eahlelt, and them
well be s *dplWd -man%- el mnooa nwAfty or at Ia"aa for a
plaucslr maPeaO,
This ,lanai" dew red SOW any wansnIn Covering ate "h k* that ate
vmdrle nwddwWror my ptavtds.
L Uwd Car BuyersOulnlt. The laRemilnn you anc unn oo wls'. lanes
lr Ilk WWI* Y Pan of this sdabwL Information an the vandow
form evrrldes my son6"ry pr"al "M the cowed of ave.
spdnleh Trsnaaverl:
oulo Pam eewpladomm do vahldufw wooden. La Irdermsalea qw vv
on d fsfmdadp M Is "nimalis Pro Ors -W4W* tams part" dal
powmo aanwaa. U bdormselln del fomanlrs do In vemadls dole
sin "lees, Ode tanpouklen an eonvade oonkrildo on at aonhaa W
randy
1. APPLICABLE LAW
Federal ban end swan Carona low apply to set contract.
NOTICE. ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBACT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE 851.ER OF GOODS OR SERVICES OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOIR1TSpAID BY THE DEBTOR HEREUNDER
9194107
ThWecan% cedinp NDTICE Ipyl(s l only Io goods or services obtelned prbnarU for personal, family, or household use. In ail
Buyer will not taeelt age 61 any SUM"UCnl holder or ua?nes of this contract any claims or defenses
B17s contraclL may have agelnal the Setter, If against Rye manufacturer, of the vehicle or equipment obtained under
P.o Box 380903 GMAC August 10, 2010
Blo n*VtDn, MN 55438.0903
(077 X88
BILLIE JANE MARONEY
4474 N FRASER ST
GEORGETOWN, SC 29440
Inl?llriniluhlnlllunlinrllurlrirnllrinrlrlnlllnil
NOTICE OF OUR PLAN TO SELL PROPERTY
Subject: Account Number
We have your vehicle (a 2007 CADI DTS with VIN 1 G6KD57YX7U165565), because you broke
promises in our agreement.
We will sell your vehicle at private sale sometime after August 25, 2010. A sale could include a
lease.
The money that we get from the sale (after paying our costs) will reduce the amount you owe. If
we get less money than you owe, you will still owe us the difference. If we get more money than
you owe, you will get the extra money, unless we must pay it to someone else.
You can get the property back at any time before we sell it by paying us the full amount you owe
(not just the past due payments), including our expenses. You can also get it back for less (see
below). To learn the exact amount you must pay, call us at the telephone number at the top of
this letter.
If you want us to explain to you in writing how we have figured the amount that you owe us, you
may call us at the telephone number at the top of this letter or write us at the address at the top
of this letter and request a written explanation.
If you need more information about the sale, call us at the telephone number at the top of this
letter, or write us at the address at the top of this letter.
We are sending this notice to the following other people who have an interest in your
vehicle or who owe money under your agreement:
None
9194107
kXHIB1T
#203071-00069
-2-
Additional information:
In addition to being able to get your vehicle back by paying the full amount you owe, you can
also get it back any time before we sell it by paying all past due payments, late charges, and
expenses. You must also provide proof of the physical damage insurance your contract
requires. Then you must start making your payments again. As of the date of this letter, you
must pay:
Past due payments (1 of $179.21 and 3 of $464.82) $ 1,573:67
Late charges + 58.46
Expenses (Estimated expenses of retaking and holding the vehicle + 745.00
$745.00)
TOTAL $ 2-- --377 13
The longer you wait, the more you may have to pay to get your vehicle back. Only reasonable
expenses may be charged. They must be the direct result of taking, storing, and selling the
vehicle. We may also charge you the costs of getting it ready for sale and reasonable attorney
fees, as the law permits.
You must pay the amount required in certified funds.
Your vehicle will be at Greensboro Auto Auction, 3907 W Wendover Ave., Greensboro, NC,
27407 until you do what is required to get it back or we move it in preparation for sale.
We must send you any extra money owed to you from the sale of your vehicle within a
reasonable time. If you do not get the money, you may have the right to sue for it plus any
penalties fixed by law.
If you do not do what is required to get your vehicle back, we will cancel any physical damage
insurance or service contract that is part of your contract. Make sure any other coverage you no
longer want is canceled. Call the insurance company or the dealer to do this. You have a right
to credit for any refunds.
Contact us at the telephone number at the top of this letter for more information about getting
your vehicle back.
Signed,
GMAC
8194107
203071-00069
ally
P.O. Box 39M
X800 •7MN 5500-MI
-01241
66? B (?il?illr??u?H?rlu?ilnnWr?r???ulr6?AflriUd?h?Iil[oil
REDACTE
October 14, 2010
How We Calculated Your £umteus or W. clency
Subject: Account Num
Your 2007 GAM DTS; VIN I'MD&M-7U.185W5, Was. t on October 6, 2010. As of the date of
this letter, the amwnt you still v*v us under the terms of your contract is $16,814.16, This amount
was calculated as fbildws:
Unpaid balance before subtracting money from sale
This amount was calculated as of October 14, 2010
Money from sale
Unpaid balance minus money from sale
Known expenses of taking, holding, preparing for sale,
processing, and selling vehicle, attorney fees, and other
legal expenses:
Repossessing &-transp6etfng'
3toragw & r6c-6hd1tl0Alh0
Setting .
Title & rOistt'aficn fees
Aftt meyfoos and legal expenses the law permits
Total expenses
Known credits:
Rebate of unearned insurance premiums
Extended sm vice contract refunds
Insuranoe and sorvice contract claims
Total credits
Deflciencyt(surplus)
$ 24,985.11
- 9,500.00
$T 15,485.11
$ 1,132.05
93.00
104.00
0.00
0.00:
+ 1,329.05
$ 0.00
0.00
0.00
0.00
$ 1$,814.19.
The amount of any rtefioienc y.4eurpl.us shown above may cfrtange because of future additional
credits; rebates, or charges. Any deficiency shown above may also change because of additional
Interest accruing after the datobf this letter.
For more Information about this transaction or to make payment arrangements, you may call us at
the telephone number at the top of this letter or write us at the address at the top of this letter.
Sincerely,
Ally Financial
9194107 EMU
0293201 oftoo EXHIBIT
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. 14904 -elating
to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes
this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is
outside the jurisdiction of the court and the Plaintiffs Verification cannot be obtained wi hin the
time allowed for the filing of this pleading; and that the facts and circumstances set fort in this
pleading, are true and correct to the best of his knowledge, information and belief.
Matthew D Urban, Esquire
CERTIFICATE OF SERVICE
I, Matthew D Urban, Esquire, hereby certify that a true and correct copy of the Ame
Complaint in Civil Action was served on the Defendant's Attorney by certified U. S. Mail,
postage prepaid, this day of, 2012 addressed as follows:
Anthony McBeth, Esquire
407 North Front Street, Cameron Mansion
Harrisburg, PA 17101
Matthew D Urban, Esquire
PA I.D. #90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-79555
R~
t
~ .~ i.1 Cyr ~- r`
~~~~~~~ ~~ ~~"~ j~ J;;
Anthony T. McBeth, Esquire
407 N
rth F
t St
t `(.JM~ I'rlat~D COU~1
'
o
ron
ree 1
Y
FCh~1SY~
yAM~A
Harrisburg, PA 17101 .
(717) 238-3686
Attorney for Defendant
ALLY FINANCIAL, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANI
v. :CIVIL ACTION -LAW
BILLIE JANE MARONEY, : NO. 2012-1423 Civil
Defendant ~
NOTICE TO PLEAD
TO: Ally Financial, Inc.
c/o Matthew D. Urban, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
436 Seventh Avenue, #1400
Pittsburgh, PA 15219
You are hereby notified to plead to the Answer and New Matter raised herein
twenty (20) days of service of the attached pleading upon you, or judgment may be ente
against you.
~1 a-
wcntnony i . nnc trr, tsq.
Attorney for D f ndant
407 North Front St., First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. # 53729
m
Anthony T. McBeth, Esquire
407 North Front Street
Harrisburg, PA 17101
(717) 238-3686
Attorney for Defendant
ALLY FINANCIAL, INC. : IN THE COURT OF COMMON PLEAS OF
Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
BILLIE JANE MARONEY, : NO. 2012-1423 Civil
Defendant
DEFENDANT'S ANSWER WITH NEW MATTER
1. Admitted, upon information and belief.
2. Admitted.
3. Denied. This averment is a conclusion of law to which no response is required.
4. Admitted in part and denied in part. While Defendant's signature does appear on
document, Defendant, at all times material hereto, was under the belief that she ~
signing documents so that her nephew, who actually took possession of the automobile tt
is the subject of this action, could have a loan to buy said automobile. Further, up
information and belief, personnel of Hyatt Pontiac, Buick, GMC knew that to be a fact.
5. Denied. On the contrary, Defendant did not take possession of the automobile a
2
has never had possession of the automobile. In fact, personnel of Hyatt Pontiac, Buick,
GMC should attest to this fact in that most of their discussions were held with. Defendant's
nephew and personnel of that dealership saw the nephew drive the car off the lot. j
6. Denied. After reasonable investigation, Defendant lacks information necessary ~o
determine the truthfulness of this averment. If material, strict proof thereof is demand~d.
7. Denied. This averment is a conclusion of law to which no response is required.
8. Denied. As further background, the persons acting on behalf of Plaintiff in the
repossession should acknowledge, and vicariously Plaintiff should acknowledge, that t e
repossession was effected at a place that was not Defendant's home and not particularly
close to her home. In terms of the written notice, Defendant denies that portion of tie
averment in that she does not recall receiving the notice.
9. Denied. Defendant does not recall receiving the notice. Accordingly, after
reasonable investigation, Defendant lacks information necessary to determine
truthfulness of this averment. If material, strict proof thereof is demanded.
10. Denied. This averment is a conclusion of law to which no response is required.
11. It is admitted that Defendant has not paid any sums to Plaintiff. It is specifically
denied that any sum is validly due to Plaintiff from Defendant.
i
WHEREFORE, Defendant requests this Honorable Court to enter judgment in ~
her favor and against Plaintiff, tax the costs of this action against Plaintiff and provide a~y
other relief the Court may deem appropriate.
NEW MATTER
3
12. The responses set forth in paragraphs one through eleven above are incorporated
herein by reference.
13. Defendant never had possession of the automobile that is the subject of this actin,
and personnel at the dealership observed the fact that she never took possession.
14. The agreement that is the subject of this action is unenforceable against the
Defendant in that she did not understand the import of what she was signing; Defendan
nephew, who is the other signatory, misrepresented to her that Defendant was merE
signing papers in connection with a credit evaluation for the nephew.
15. Personnel at the dealership where the vehicle was purchased were aware of thi
fact, but took no action to correct Defendant's misimpression.
16. Regardless of the degree to which personnel atthe dealership may have been awa
of the situation, Defendant never took possession of the automobile and was never able
take possession of the automobile, her nephew taking possession immediately.
17. As such, the Defendant received no consideration for her purported promise to p
any sums to Plaintiff.
WHEREFORE, Defendant requests this Honorab{e Court to enter judgment in
her favor and against Plaintiff, tax the costs of this action against Plaintiff and provide ai
other relief the Court may deem appropriate.
~~~
e
Rfithony T. Mc tti, Esq.
Attorney for D e dant
407 North Front t., First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court I.D. 53729
4
s
VERIFICATION
I, Anthony T. McBeth, am attorney for the Defendant in the captioned action. I m
verifying the attached document for the Defendant in that she is outside the jurisdiction of
this Court and her verification cannot be obtained by the time this document needs to e
filed. I verify that the facts set forth in the attached document are true and correct to t~e
best of my knowledge, information and belief. I so state subject to the penalties of }
Pa. S. § 4904 (relating to unsworn falsification to
Za avt~-
e
orities).
ony T. Mc~~h, Esquire
i8
ALLY FINANCIAL, INC.
Plaintiff,
v.
BILLIE JANE MARONEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANI
CIVIL ACTION -LAW
NO. 2012-1423 Civil
CERTIFICATE OF SERVICE
I, Anthony T. McBeth, Attorney for Defendant, hereby certify that I have served t~e
attached document by placing same in the United States mail, first class, postage
addressed as follows:
Matthew D. Urban, Esquire
Weltman, Weinberg & Reis Co., L.P.A.
436 Seventh Avenue, #1400
Pittsburgh, PA 15219
Za ao
ate
Anthony I . Mc6 ,Esq.
Attorney for De ant
407 North Front ., First Floor
Harrisburg, PA 17101
(717} 238-3686
Supreme Court I.D. # 53729