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Home My WebLink About04-5246 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff No. 0'1. )',)'1<- G.;..J11.v->- vs. COMPLAINT IN CIVIL ACTION MATTHEW C. GROMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03579149 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff No. 0'1- 5;( 'f4 ~ .-r;..., vs. MATTHEW C. GROMAN Defendant COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without fi,rther 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 5700 Crooks Road, Troy, MI 48007. 2. Defendant is an adult individual residing at 4900 Creek Road, Mechanicsburg, P A 17050. 3. On or about July 16, 1999, the parties entered into a vl'ritten Closed-End Lease Agreement (hereinafter referred to as the "Agreement") for the lease of a 1999 Pontiac Grand Am, more particularly identified in the Agreement, a true and correet copy of whieh is attached hereto, marked as Exhibit "I" and made a part hereof. 4. By the terms of the Agreement, Defendant was to make 48 (Forty-eight) payments of $323.00, eommeneing July 16, 1999, and to pay certain lieense fees due at the inception of the lease and dun ng the lease tem1. 5. The terms of said Agreement provide for termination upon satisfaetion by Defendant of all obligations provided thereunder and upon the return of the vehicle by Defendant to Plaintiff at the end of the lease term, whieh term would end 48 (Forty-eight) months after it commeneed. 6. Plaintiff avers that Defendant defaulted under the tenus of the Lease Agreement by failing to make payment to Plaintiff as promised. 7. Due to the Defendant's default under the Agreement, Plaintiff exercised its right to terminate the Lease. 8. After calculating the early termination charges due Plaintiff pursuant to the terms of the Lease, Plaintiff avers that a balance of$5,974.89 as of October 31,2003 is due from Defendant. 9. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 10. Plaintiff avers that such attorneys' fees will amount to $1,000.00. II. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, interest, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Matthew C. Groman, individually, in the amount of$5,974.89 with continuing interest thereon at the legal rate 6.00% per annum from date of judgment plus attorneys' fees of$I,OOO.OO 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. Wi~Z:~~ PA I.D. #47437~sqUir WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03579149 LESSEE (and CO-LESSEE) ("You") name and address, i~duding county MATTHElJ C. GROHAN 128 TERRACE BLVO LEWISTOWN PA 17044 'MIFFLIN . -~rESSOR (R"",'''' 1 7Joo- l.(7r/{!v COLONJfV jLDS-CADILlAC-GMC fRUCK, IIK.l 349 N FOURTH STREET INDIANA, PA 15701 24199 GMAC SMARTrnSE@ A.GREE'\tIENl - Month~y Payment This is an agreement to lease a vehicle. This is not a purchase agreement. You are not buying the vehicle. By sigl).ing this lease~ you agree to everything on the lront and back "We:'us: and "our" refer to Lessor named above and any assignee. An "assignee" IS a person to whom this lease IS aSSigned (If It IS assigned). ~l [NewlUSedl Yo" I Make & Model :~:rlns~l:dOpliO~~NTIAC GRANO AM Body Style CPE THf. VEHICU YOU ARE LEASING Vehicle 10# IG2NW12E8XM928407 I Mileage I Primary Use J 128 )0 Personal. Family or Household 0 Business Dr Agricultural Amount Due at l.ease Slgning or Delivery (Itemized Below)' '_.:J:ElJERAl CONSUMEIIU:ASING ~JDISCtp~~~-..- Total of Payments (The amount you will have paid by the end oflt1e lease.) Other Charges (not part of your monthly payment) Oisposilion fee (if you do not purchase tl1e vehicle) Monthly Payments Y~!rsf6i9rIY payment of $ 323.00 is due on / ,foiloweOp.lr!. 47 _ paymentsot $ 323.00 due on the 161H gf(ft~8nth. The total of your monthly payments is $ 1 5 . .ltemizatlon of Amount Due at L.ea$e Signing or Delivery How the Amount Due at Lease Signing or Delivery will be paid: $ 1528.00 Amount Due at Lease Slgnlrlg or Delivery: Capitalized cOSi raduction . Rrst moothly payment. Refundable security deposit. Tlllelees... Registratlonf(tEIs. S~~\'Jll/frm '/A 1070.00 323.00 N/A 27.50 36.00 I/A 71.50 N/A 1528.00 . $ $ . $ . . . $ Total. . . Total $ N/A I/A N/A 16709.00 Nettrade-inallowance. Rebales and/'\Oflcash credits. Amount to bepQid in cash . N/A lIJ7Q Q" ~ (3.6C-~ .......\.'2:'<'6<0. .... .:...1...... $ . Total... . 1528.00 Y02'r T5'nth<%payment Is detennined as shown below: Gross capitalized cost. The agreed upon value of the vehicle ($ 0 4. ) and any items you pay for over the lease term (such as sefVice contracts, insurance, and any ouistanding priorcredil or lesse balance). CapUallzed eost raduClion. The amounl of any net trade-in allowance, rebate, noncash credit, or cash you pay that reduces the gross capitalized COSI. Adjusted capitalized cost. The amount used in calculating your base monthly payment. Residuel value. The value of the vehicle at the end of the laasa used in calculating your base monthly payment Depreciation and any amortized amounts. The amount <:harged lor the vehicle's decline in value through normal usa and for other items paid over lt1eleaseterm. Rent charge. The amount chal1led in addition 10 the depreciation and any amortized amounts. Total of base monthly payments. The depreciation and any amortized amounts plus the rant charge. Lease term. The number of months in your lease . Base monthly paymant . Monthly salesJuae tax(estlmeted). 20754.00 1070.00 19684.00 9623.25 10060.75 4163.09 14223.B4 48 296.33 26.67 N/A 3?3.00 . - . $ - . . . . . . $ . . . . Total monthly payment. $ I EarlyTemtlnetlon. You may have to pay a substantial charge If you end Ihls leese early. ThJ!I chal'Ge mav be uo to several thousand do/Ia!'$. I The actual charge will depend on when the 19I1Ise 1s terminated_The earlier you end the lease. the greater this cha~ is likely to be. ExeesslveWear and Use. You may be charged forexcessille wear based on our standards lor normal use and for mReage i1'iim of 16,000 miles per year atlhe rate of$:..!L per mile. Purchase Optfon at End of Lease Term. You have an oplion to buy the veh;cle a.t the end of the lease term for $ 0 .25 . plus official fees and Ialles. Olher Important Terms. See your lease documents for addl~onal information on early terminalion, purchase options and maintenance responsibilities, warranties, late and default charges, and insurance. .~,,",,:; <"..'" 1.ITOIlZ4nON OF 6ROSS CAPITALIZED COST. Agreed upon \IiIlue of the vehicle. GMAC adminl.sll'alive fee. Ucenselregistrationllltlelees. $alestax.. Other tax (describe) Oplionalserviceconlract. Optlonalllleinsurance. ~-""m.o...__~. MIA. 20354.00 4UU.UU H/A IliA NfA N/A N/A NIA HIA ,.,'" ~C!J~~:b..~u_..___ 7. OPTIONAl UfE AND DISABJUIY INSURANCE. We do not require ilia or disability Insurance. If yQu sign below. we will try 10 get thEl covemge(s) chaeked for !he lease tarm. We will include the premium in your base monthly payment A notice you receive when you slgn this laase describes the coverage(s). The Insurance may not cover taxes and other amounts due besides thEl base monthly payment. N/A HlA '/A a Life Insurance (0 L.ellsee 0 Co-~ Bo\rI) Premium Coverage Limit Premium Monthly Coverage Limit Ag. Ag' InsurarNarne Address $ $ . . ,:::;::~~~,. ~..WAIIIlAN!Y'_'~u have the benefit of any warranty ..,<;;:,.,.- .:....,;;~.I\OI_'.ir';.' ... \;..:..t>~' M~"",o i"''!'''':~~_trom~ieleasestateanycoverageljmits. you.. W8mInty thalltMl vehicle conforms to the description in this lease. NO OlliER EXPRESS WARRANTIES. ON THE VEHICLE. WE MAKE NO WARRANTY OF MERC!'fANTABILJTY. THERE IS NO WARRANTY THAT THE IS rH FOR A PARTICULAR PURPoSe. J,:;:,~:., '., fi-:.0Pn0NAl. SEIMCl OR IIIAINTfNANCE CONlRACT. N/A Nom' TelTTl_monlhs, miles. 1I you are buying ~ 59~oe or maintenance contract now, you may pay for il allease signing. If you do nol,the pnca WlN be In the capltall.ze.d cost. and you WlJl pay renlcharges on the pr ice X 1~ ASSIGNMENT BY lESSOR. CJ If this box Is checked, Lessor (Aetailer) will assign this lease Elnd sell the venicle to General Motors Acceptance Corporation ("GMAC"). CJ If this box is checked, GMAC helped to arrange this lease and Lessor (Relailer) will assign It and sell the vehicle to Central Originaling Lease Trust DIIlt1iSboXischec/(ad,LessOr(Retaiier)willassignthisleaseandseII the vehi<:leto_ Dlflt1isboXiSChedt:ed,Lessor(Aetaiier}intendsnottoassignlhislease. The assignee may designateVehicie Asset Universal Leasing Trust or its trustee as agent ~g~~~tI~~~ for the benefit of the assignee on the vehiCle's c~rtiljcate ot title and/or The sale and. assignmenl will nOI be conSidered to <:hange materially your duties burden Or osk under t11IS lease. ~either the assignee ncr Vehl<:le Asset Universal Leasin'g Trust ~;It have to make any repalffi 10 Ihe vehicle, gstanymsurance, orperfo{rn3.nyserv;ce U.sso, has agreed to perform underth,s lea:;e.You wrll look only to Lessor iorlhGseser'Jices Aflerassionment. GMAC will ~ervi"r> :hi~ 1"''''Hf' if (;MAr": ;_~ IhR ""~'''n~R "r if r;~~Ar' h"",,~n I" MIA N/A N/A N/A .. ro, -X -r- I:r" -r- \-.; s 1528.00 \ $ ';L3.~ due ~n the JilL-. gf ~B~h month. I I The lolal of your monthly payments is $ 1 50 .00 .1 'r1emization of Amount Due at lease Signing Of Delivery How the Amount Due al Lease Signing or Delivery will be paid: $ 16709.00 -- VOI.Ir monthJljPayment is determined as shown below: Gross CIIpitafized cost. The agreed upon value of 1he vehicle ($ 20 54. ) and any items you pay for overlhe lease term (such as servlce contrflcts, jnSUrl!nce, and any outstanding priorcredll or lease balance). Capitalized cost reduction. The amount of any nt't trade.in allowance, rebate, l10ncash credit, or cash you pay thai redUGes!tIe gross capitalized cost. . Adjusted capitalized CO$I. The amount used In calc::ulaling your base montnly payment. . Residual value. The value of Ihe vehicle at the end of the l!lase used in calculating your base monthly payment, Depreciation and any amortized amounts. The amount charged lor the vehicle's decline in value through normal USE! and for other Items paid over thaleaseterm Rent charge. The amount charged in addition to the depreciation and any amortized amounl$ Total of base monthly payments. The deprecia~on and any amortized amounts plus the rent charge Lease tenn, The number 01 months in your lease. . Pasemonthlypaymant.. Monthly sales/use tax (dtlmatad), , Amount Due at Lealll! Signing or Dalivery: Cap~allzed cosl reducfion . Firstmonthlypayment. Refundablesecurllydeposk.. Hie fees. Registrlllionfees. S~o~l'ffl/li'rm. 'IA Total. $ $ $ , $ $ , , $ 1070.00 323.00 'IA 27_50 36.00 'IA 71.50 'IA 11>28.00 $-~'I Total$~~l...!l..- L ill , d d ., d d d d d d . , 20364.00 4UU.UU N/A 'fl/A N/A It/A NIP, N/A NIP, NIP, iU/b"l.UU Neltrade-inallowance. Reb8tes and noncash credits.. Amount to be paid in cash . \3q?d)~ , '/A 1<17<;) Qn --- (35D'-' $ - $ d (model) 'IA 141M "-,,:., Totsl $ 1528.00 $ 20754.00 $ 1070.00 $ 19684.00 - $ %23.25 3. OffICIAL FEES AND TAXES. You will pay all govarnment licen$ll. Iille, registration, testing, and inspection lees tor the vehicle, You will pay all taxes on the lease or the vehk:le thai the government levies on you, the vehicle, or us (e;;cept our net income taxe s).Wemaychange your monltlly payment if taxes change, We may bill you separately lor 0 fficial tees and ta;;es 1523.16 2i.50 144.00 foliA m5.16 1~!A ill/A 71,55 $ 10060.75 + $ 4163.09 $ 14223.84 48 296.33 26.67 N/A 323,00 $ . $ $ Totalmonthlypaymem. $ I EarlyTerrnination. You may have to pay a substantial charge if you end this lell911 early. TOe charl;le m.v be UIl to several thousand dollars, I The actual charge will depend on when the lease Is terminated. The earlier you end the lease, the greater this charge Is likely to be. E~cesslveWear and UIll!, Ybu may be charged lor excessive wear based on oursfandards for normal use and for m~eage in ~ of 15,000 miles per year at !he rate of $:l..L per mile. Purchase Option at End of Lease Term. you have an option 10 buy the vehicle at the end of the lease lerm for $ 10 .25 , plus official fees and taxes. Other Important Terms. See your lease dOctJJmlnts for additional informatiOI1 on early termination, purchase options and maintenance responsibilities, warranties, late and default ctlarges, and Insurance. -:'.'.T' 1. ITEMIZATlOI\! OF GROSS CAPlTAUZED COST. Agreed upon value 01 the vehicle. GMAC administrative tee . Licensefregistratiortltitletees. Salesta;; Other tax (describe) Optional service contract. Optional lite insurance . '4ti?~ldisabililyinsurance.. I/A 2. THE VEHIClE VOU ARE TRADING. Gross Capilallzed Cost. . Nf $ $ $ $ $ $ $ $ (year) (maKe) ".UTE CHI\RGE.II you do not pay a monlhly payment In full wllhin 10 days after Jl is due. youwil[pay a late charge of 5% otthe part of the paymenl thai is late. 5. EXCESS MILEAGE CHARGE. The total allowed mileage on the odometer ,~se end is: Startlng.odometermileage........ ......,..... .... 60,Ouv miles Base mileage allowanoe. + I'll f'o m~les Purchased extra miles.. bU!t:.i::l mIles TotalaIIOWedrT)IAage. miles. Y*, Are paying $_ lor extra miles. At scheduled lease end, we wlU credit you with $_ per mile tor each unused extra mile you purchased, Ttlere will be no credit If the iease ends early. you buy lhe ve~~, or the vehicle is a total loss. 60 000 The excess mileage charge is$_ per mile for each mile beyond' miles. Ilthe lease ends early, any eJlcess mileage and wear charge witl !lot be more than residual value minus the vehicle sale price, There is no excess mileage charg e It yo... buy the vehicle. Gross trade'in va!ue. Payoff . Nettrade.Invalue. TOTAL fSTIMATED FUS AND TAXES YOU MlJST PAY PURING UASE . Title lees . Registration lees Licenselees.. SaleSlusetaxes(includlngta;;oncapilalizedcostreducfion) E;;cillelaxes.. PersonalpropertytlfJ'tlEINf)lARl(' . Other (describe) 6. CHARGE FOR FINES. If the government pieces a line 0(1 the vehicle and you de not pay it promptly, we may pay it. EaCh time we pay a fine. you will pay us the fine plus $20. . THIS IS THE ENTIRE AGRfEMENT. This lease contains the entire agreement between you and us relating to the lease ot the vehicle. Any change to the terms at Ihis lease must be in ;.r~w;t 1(;"ed by you a~d . No oral changes are binding. We may delay or refrain from enforcing any of our rights under this iease without losing !hem. lessee (and Co-l€/ssee) Initials NOTICE TO LESSE rr: NOT 51 _ IS AGREEMENT BEFORE YOU READ IT. 2. YOU ARE ENTITLED TO A COpy OFTHI5 AGREEMENT. ~ INOIANA, PA JUL D RECEIVED A COPY AT (City) tstate) ON (riionlt1) '/4;~~ BY: CO-LESSEE: OLO -CAOILLAC-Gr1CTRUCK, INC. BY: -'.-_--Y:.~::.-__:.:-~~._~L:!!1:.:;:~~:O;;;;i::c:.<.";:r..::;.:.u~;,":;i'L;;.~':4 X~ 7. OPllON4L un AND D1SABlun INSURANCf. we do not raqulre life or dis8blllty insurance. If you sign below, we wllltry to get the cowrage(s) checked tor the lease term. We will inclllde the premium in your ba$B mon\tlly payment. A notice YO'" receive when you sign this le8se describes the coverage(s). The insurance may not cover taxes and other amounts due besides the ba$B monthly payment. N/A 'IA 'fA Insurer Name Address_ o Lile Insurance {D Lessee 0 Co-Lessee>(D Both) PremIum Coverage Limit Premium Monthly CQl/Brage Limil Ago Ag. IVA N/A N/A N/A o Disability Insurance (Les$Be Only) $ $ $ $ Lessee'sSignaltJre_ Co-Lessee'sSignature 8. WARMl\!lY AND EXCLUSION OF WARRANTY. You have the benelit of any warranty checked below, ' X 0 Standa1 r~nulacturer's warranty o Warranty paper$ that are separate tram this lease state any coverilge limil s. We are giving you a warranly that the vehicle conforms to the descrip tion in this lease. THERE ARE NO OTHER EXPRESS WARRANTIES. ON THE VEHICLE. WE MAKE NO IMPLIED WARRANTY OF MERCHANTABILITY, THERE IS NO WARRANTY THAT THE VEHICLE IS FrT FOR A PARTICULAR PURPOSE.. - 9. OPflONA.L SERVlCf OR MAINTENANCE CON'IllACT. NfA Name Term _ months. miles, It you are buying a service or maintenance contract now, you may pay for Itst lease signing. II you do not, the price will be in the capilatized cosl. and you wili pay rent charg es on the price. 10, ASSIGNMENT BV lESSOR. Xo If this bo;; ischeckec:l, Lessor (RetaiJer) will assign this lease and sell the vehicle to Genera! Motors Acceptance Corporation ("GMACj. .0 II lhis box is checked, GMAC helped to arrange this lease and lessor (Retailer) will assign it and sell the vehicle to Central Originating Lease Trus1. o llthis box is checked, L-es90r (Retailer) will assign this lease and sell the vehicle to_ o Illtlisbox ischec;l(ed. Lessor (Retailer) intends not t6 assign this lease. The assi~nee may designate Vehicle Asset Universal Leasing Trust, or its trustee, as agent to hold \llle lor the benefil of the assignee on the vehicle's certificate of title and/or registration. The sale and assignment will not be considered to change materially your duties, burden, or risk under this lease. Neither the assignee nor Vehicle Asset Universal Leasing frust will have to make any repairs to the vehicle, get any insurance,orpertorm any service Lessor has agreed 10 perform underlhis lease. You will looK only to Lessor for these services After aSSiQnment, GMAC w~1 service this lease, if GMAC is the assignee or il GMAC halped to arrange !hIS lease. You must then make all payments to GMAC (for its or the as:signee's account) or as othelWise directed. Jlwe assign this lease, you will not receive notice of assignment 16TH 1999 {day) (yeat) TITLE: I:e8SOr assigns all right, tille, and interest in this lease to the parly identified in this lease as the intended assifjnee, under lhe terms of ltle lease plan dealer agreement as in effect lrom lime to 1ime wlIh the assignee {the "Oaaler Agreement"). Lessor also assigns ell ngh\' tille, and interest in the leased vehicle to the party identified in thiS lease as the inlended aSSIgnee, or its designee, """"'...~Il1''tflIl'Jl''1ll''lie.'/I,~lTLAC-GMC TRUCK, INC. BY: TITLE; SEe OTHER SIDE FOR OTHER IMPORTANT AGREEMENTS INCLUDING A PFlOHIBITION OF TRANSFER OFYQUR rNTfREST. 871 SlM1D-98 Lea.seAgreeman18 n""r.:u.JAI.">Ou'" INSURANCE, USE, AND CARE Of mE VEHlClf .11. REQUIRED VEHICLE INSURANCE. You musti(lsure the vehicle throu9h Uability and \lhysical damagepohcles acceptabJeto us. The policies must nol exclu de or restnct coverage il you were to drive the vehicle.. or when Ihe driver IS someone you aJlow to drive the vehicle or who IS likely to drive Ihe vehlcle.Tl1e policies must show arlY additional insureds and loss payees that we require. You musl give us proof 01 insurance when we ask. We require no olherinsurance. Uability insurance must (a) cover up to $50,000 tor property damage. $100,000 lor bodily iniuries to any one person. and $300,000 forbodiiy iniuries lorl:lny one accident or (b) have a combmed smgle Ilmil of $300.000 for bodily In,unes and property damage for anyone accident. Physicai damage insurance muSI have deductibles 01 no more than $500 foreoltision and upset loss and $500 tor comprehensive fne and l/lefl loss For trucks ot 10,000 Ibs. GVW or more, liability lrlsuraoce musl have a combined single limit of $1,000,000 ($5,000,000 in CT, GA, PA, RI, and VT) for bodiiy injuries and property damage for anyone accident. The deductibles must not be more than $1,000. II you move to a new stale, we will require coverage amounls in keeping with our requirements for the new slate. We now estimate thai Ihose amounts will be the same as those in this lease, but Ihey may l:>e higher. 12. USE. YQu will not -use the vehicle Illegally, improperly, for hire, oras a plJbliceonveyanc e. _use the vehicle in a way that your insurance policy prohibilli. - remove the vehicle trom the United States. except for trips 10 Canada 01 under 80 days. ~ move the vehicle 10 another stale ,for more Ihan 30 days without telling us. -change the vehiclewilhoulourwnttenconsenl. -expose the vehiCle 10 seizure, confiscation, forleiture, orottlerin volunlarylransfer. You will nol ietanyone eJse do any of these things. . 13. MAINTENANCE, REPMRS, OPfRATIl\i6 EXPENSES, -'NO DAMAGE. You will maintain and repair the vehicle to keep it in good condilion.You wiilpay all maintenance, repair, arld operating expenses, \flClu,~i(l!.t-,ga!r<l{ld oil. If the odometer slopS working. you must lix it immedlateiy. YO'1.will slo.lrJiee lhl'!~hkle as !he manufacturer recommends. You Will follow the manufacturer's itl~~uctiQhs: Ih any recall. II you don'! do these things. we may do them. You wiJI owe us our cost il we do When }'{lu t",ke (IQ1lSfl!!,io? ,tP tlwi'leIljpIEt~ l/Ou take on lhe riSks of loss ot the vehicie and 01 damage to It. Jf'lftt! Itefflcle-I! dJjin g~. lltdlen, or deslroyed and money becomes avallabie from IMlJfBnCe, a judgment, a settIement, or the like, we willlreat the money as an insurance settlement. We and/or Veh,icis Asset Univer$alleaslng Trust will b.e entitled 10 this money. It the iease ends In connection with our receipl of the money. we Will treat the money as sale proceedS. 14. EXCESS WEAR. Excess wear is wear Ihat is Oeyond normal wear and tear. Excess wear includes:(alglassthalisdamagedorthatyoutinled;(b)adamagedorcorrodedbody,lrim. trame, crossmember, suspension, engine, powe!1tain, or olher mechanicai parI; (c) damaged paint; (d) a lorn, damaged. or slained inlerior or trunkliner; (e) missing equipment that was in or on th.e vehicle when,delivered and not replaced WIth equipment of equal qualilY and deSign (Including a missing wheel. wheel cover. jack, or wheel wrench); (I) a tire (including spare) thai is unsa!e, is nOI the size and type the manufacturerrec ommends,isrecappedor a snow tire, or has less than 1/8 inch 01 tread leftal the shallowesl point: (g) a damaged or worn brake thai does not meet governmenl saletystandards; (h) 011 leaks or low 011 pressure; (ilamallunctloning,eiectncalsvstem,ballery,oriighls;(j)arrfothercondilion that makes the vehicle run 10 a nOIsy, rough, improper, unsafe, or unlawfui way: and (k) any other damage, whether or not insurance covers il. 15. UENS. You will keep the vehicle '(88 o/Iiens unless we agree 10 them II you do not remove any liens. we may do so. You will pay us any amount we pay to do so WHEN THE Lf4SE CAN END 16. 8CHEDUUD END. This lease is scheduled to end one month after the last paymenl is due. 17. EARLY END. You may end this lease anytime. We may end this lease if you are in delault or il the vehicle is a tOlai loss 18. DEf'A.ULT. You will tle in delaullifanvotthesethinQs hat'pens: -You do not pay on lime. - You made a material misrepresentation when you applied for this lease. -You slarta bankruptcy, receivership, or il1soivencyproceeding or one isslarled againsl you or your property. -You break any olher aareemenls in thisleaso;!. -You do anything ihelawsaysisa delault. 19. VEHICLE RETURN. At iease end, you wiil return the vehicle (ll1cluding any deaier inlllailedopliol1s you do not buy outrighll to any reasonabie p/acewe Ie II you, unless you buy lf1evehicle. 20. OPTWN TO BUY lHE VEHIClf. You have an opllon to buy the vehicle only at scheduled lease end. See the front for the pnce, You mustaiso pay al1Y reiatedofficla I fees and taxes. If you are in de1aull,wemay: -End this lease and require you to pay Ihe earfy end charge_ - Take the vehicle from you Without demand. II lhe law permils, we may go on your property to take the vehicle. -Sue you for damages and to get the vehicie back. -Pursue any olher remedy Ihe law gives us We will exercise our rights wilhoul breach 01 Ihe p8!1ce, at reasonabie timesandplaces,ina reasonable way, as the law permits. We may take and store any personal ilems that are in the vehide. n ,you do not ask lor these items back, we may dispose of them as the law allows. You will pay our reasonable expenses 01 taking these actions as Ihe law allows. These expenses may mClude expenses oltakll1g and storing the vehlde and attorney's tees and cour/cosIS. AT lEASE END 21. ODOMmR D1SCWSURE. Federal law requires you to teJl us the vehicle's mileage in connection With a lransfer 01 vehicle ownership. You may be tined and/or imprisoned if you do notcompJete the disclosure or if you make a lalse statement. wan YOU OWE AT Lf4SE END 22. WHAT YOU OW! A.T SCHEDULlD ElliD. (a) iF'r'OU BUY THE VEHICLE: il you have paid us and Kept your agreements, you will owe us nothing more (b) IF YOU DO NOT BUY THE VEHICl-E: If you have kept your agreemenls, you will owe us only anyexcessmileagechargeandouresllmaledoraclualcostoJrepainngexcesswear.(Wedo not have 10 make repairs.) 23. WHAT YOO OWE AT EARLY END. In general, you will owe us any unpaid monthly payments, We wil! give you a credil tor anr. unearned rent charge and a credil il we sell the vehicle lor more than residuai Wllue. We will use lhe aCluanai melhod 10 figure the unearned rent chargd. (You may ask us for a written explanation ot the acluariai method.) We will treat me rent charge for each monthly' period as fully earned on the period's first day. We will treat each monlhly payment thai you made as if we received it on ils due date. You will owe us: The base monthly paymenl times the number 01 payments not yet due, -Anyunearnedrentcharge.llguredbytfleacluarialmethod, -Any surplus {S&EI delinitfon in this item) on tI1e vehicle sale, + Jflhere is no surplus. allY eartyow::ess mileage and wear charge (seedellnition in thisiteml. = The Total. II the Total ill more than Zero, you will owe us the TOlal, If the Total is less than zero, we will not give you a relund or credit. You will alsO .owe us any unpaid fees, and taxes and any amounts due because you broke egreementS In this lease. We will give you a credit for any amount we get because 01 canceifationsofoptlonallnsuranceoroplionalserVIceormaintenanceconlracts. Definition of SUrplus: Unlfilss you get an appraisal or gap protection applies, we will seil Ihe vehicle at whOlesale in a commercially reasonable way. If we seJI the vehicle for more than residual value, the excess Will be the surplus. If we sell the vehicle for the residuai value or less, the surplus wiil be zero Appr-aisaJ. You may get a professionaJ appraisal of the vehicle's wholesale value. if you do within a reasonable time, we will use the appraised value as the sale price when we figure the surplus (il any): But Ihe appraiser must be an independent third party, you and we must agree on the appraiser, and you musl pay for the appraisal. The apprals al wilt be binding. Gap Protel;:tlon. If Ihe vehicle is a total loss aod we gel an insurance settlement, you will owe no more than lne Insurance daduclible, plus any unpaid fees and laxes and any amounts due because you brOke agreemenls in this lease. We will figure a Total lIlS descnbed In this item, but there WIll be no early excess mileage and wear charge. Also, the IWtpluS wiU be U1e excess of lne insurance setllemlllnt (not including Ihe dedOCl ibte)over residual value, II the Total is less than zero, we will give you a credlt follhe Total. " the vehicle isa total toss and we do not get an insurancesenlement, there is no gap pro lection. You witl also owe us residual value minus the vehicle's sslvage value. Del'fnition of Early Excess Mileage and Wear Charge: Our estimated or actual cost oJ any repairs the vehicle needs because 01 excess wear (we do nol have 10 make repairs), plus any exo::ess mileage charge. This charge wiil not exc:eed i'Ilsidual value minus the vehicle sale price. 24. SECURITY DfPOSIT. It you paid a security dePOllit, we will use it to pay anything you owe under thiS tease and do not pay. We will not pay you interest on the security deposit. We will not add to the security deposit any inc:rease or prolits we raceive from the sscurily deposit. After lease end, we will give you back any part oJ !he security depOtut ll1al is left. 25.PROIIIBmON Of' TRAN8fEJI Of \'OI,JR INTEREST. YOU WilL NOT SUBLEASE OR OTHERWISE TRANSFER ANY fliGHT OR INTEAESr.yoU HAVE UNDER THIS LEASE OR IN THE VEHICLE WITHOUT OUR PRIOR WRITTEN CONSENT. ADDn10NAL TUllIS 26. INDEMNITY. You will protect us lrom all 10SllflS, damages, injurias. claims, demands, and expenses arising out 01 the c:ondition, maintenance, use, or operation ofth evehlcle.You egree to indemnify, and hold harmless, us and QlJr assigns from all Sllch losses, damages. injuries,claims,demands,andexpenses. SEE OTHER SIDE FOR OrnER IMPORTANT AGREEMENTS. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, thatbatshe is warJl.:,ha5-wi'1 (NAME) ClLuI tJl-IVlL{ /C/CJ'l l4aml,.,iStdo' of (TITLE) GfhJ4C. , plaintiff herein, that (COMPANY) he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. 0~1)iL.Ii& JD L~ (SIGNATURE) WWR# 03579149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff vs. No. 04-5246 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT MATTHEW C. GROMAN, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03579149 Judgment Amount $ 6,974.89 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION, Plaintiff vs. Civil Action No. 04-5246 CIVIL TERM MATTHEW C. GROMAN, Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, MATTHEW C. GROMAN" above named, in the default of an Answer, in the amount of $6,974.89 computed as follows: Amount claimed in Complaint Interest from date of judgment at the legal interest rate of 6.0% per annum $5,974.89 Attorneys Fees TOTAL $1,000.00 $6,974.89 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Es PA 1.0. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03579149 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 4900 CREEK RD VW, MECHANICSBURG,PA 17050 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff vs. Civil Action No. 04-5246 CIVIL TERM MATTHEW C GROMAN Defendant IMPORTANT NOTICE TO: Matthew C Groman 4900 Creek Road VW Mechanicsburg, PA 17050 Date of Notice: k ~ ,LPtJ./ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO, L.P.A. ~lliaf!if1 ~ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03579149 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORPORATION, Case no: 04-5246 CIVIL TERM Plaintiff vs. NON-MILITARY AFFIDAVIT MATTHEW C. GROMAN, Defendant The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. ~ 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, MATTHEW C. GROMAN, is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, MATTHEW C. GROMAN" is not in the military service. Further Affiant sayeth naught. klL0' y~ AFFIANT ' / J SWORN TO AND SUBSCRIBED in my presence this ~ day Of--f)eC~ . OW" - /if\, ~~ ~ NOl.J.y Ptffiuc ... I~, ,WendYL,';':~' " ',.c' , ~:~ Of Pltfc;bur~~'~11 ~I:;tarv P!lbhc ~"r;!;:;"":-'r E' A, "gne,p'" C"i I ~,I XDlre;." :"/,, . This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. ( 0 ~ 0 Q ~ ~ ..., C P <;, ;;::- -' ~7 'f?, ~..,., ~ -r'C\ f\'~ 11- \) qidr,. (-, ?f- \) l"-' 5'<:(' (J.),'" cP <:8q, - ":s;} r ?'(', ...,., :1~ .-,:'\ ~ ~ ~~ -~ c"....,- -0 ~%,~:, -;s;. A'1f, ?') W "pC: - ".;::'.... .' ?f? -J::::. '3- 0 ~ - J c:f' ~ ~ w - ~ r- - --- SHERIFF'S RETURN - REGULAR CASE NO: 2004-05246 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENERAL MOTORS ACCEPTANCE CORP VS GROMAN MATTHEW C HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GROMAN MATTHEW C the DEFENDANT I at 1953:00 HOURS, on the 9th day of November, 2004 at 4900 CREEK ROAD MECHANCISBURG, PA 17055 by handing to MATTHEW C GROMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.88 .00 10.00 .00 36.88 .~~~ R. Thomas Kline 11/10/2004 WELTMAN WEINBERG REIS Sworn and Subscribed to before me this .!f~ day of ~ ~s' A.D. . Q In-- lh..j ~ .- - .. ~othonotary.r' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP. Plaintiff No 04-5246 Civil Term vs. PRAECIPE FOR WRIT OF EXECUTION MATTHEW C GROMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warm brodt, Esquire Pa. I.D. No. 42524 Weltman, Weinberg & Reis, Co, LLC 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR#03579149 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GENERAL MOTORS ACCEPTANCE CORP, Plaintiff vs, Civil Action No, 04-5246 Civil Term MATTHEW C, GROMAN Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter" 1, directed to the Sheriff of Cumberland County: 2, against Matthew C, Groman, Defendant 3. Judgment Amount $ 6,97489 Interest $ 184,60 Costs $ 101.38 SUBTOTAL: $ 7,260,87 Costs (to be added by Prothonotary): $ ~ ~ l.0'i<j.. - . -t- 1d ~ '1l. ~ -{}~~&:; 1. :-G. ~ ~ il -- ~ ~ 0 '-1~6 ~ ~ () o CY -- ~ I I I (Y:j {- ,0~ C/) - b} , , (- , :>< Crt \)'- , ;:. '!:f-- ~ ..t) .t:::: - rd~ ~ ..c:: L "- , , .::. , '--. - i.:fl:- - D" G ~ '" ~ ....' 0 c~ g ..:n c..n --l L_ ::r:;t S~ r'\1r.; ..,:- :s::Pi ", 0) '~21~?i -. -\.~. ~.~r UJ 05C;-1ctl'-f~ WELTMAN, WEINBERG & REIS CO.,L,PA ATTORNEYS AT LAW 2601 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 CLEVELAND. COLUMBUS. CINCINNATI. PITTSBURGH June 7, 2005 RE: GENERAL MOTORS ACCEPTANCE vs. MATTHEW C GROMAN COURT #: 04-5246 CIVIL TERM TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT(S) AT THE FOLLOWING ADDRESS(ES): MATTHEW C GROMAN 4900 CREEK RD VW MECHANICSBURG,PA 17050 PLEASE CONFIRM SERVICE BY SENDING NOTICE TO: WELTMAN, WEINBERG & REIS, CO" L.PA 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5246 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GENERAL MOTORS ACCEPTANCE CORP., Plaintiff (s) From MATTHEW C. GROMAN, 4900 CREEK RD VW, MECHANICSBURG, P A 17050 (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL PERSONAL PROPERTY OF THE DEFENDANT(S) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,974.89 Interest $184.60 L.L. $.50 Atty's Comm % Arty Paid $118.88 Plaintiff Paid Date: JUNE 23, 2005 Due Prothy $1.00 Other Costs $101.38 CURTIS R. LONG (Seal) Prothonotary ~ ~: ~nA-DJP ~r- Deputy REQUESTING PARTY: Name JAMES C. W ARMBRODT, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BUILDING 436 7TH AVENUE PITTSBURGH, P A 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 42524 Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 .95 .50 1.00 8.00 20.00 48.45 Sworn and Subscribed to before me This .;It '=' day of (~~ 2005 A.D. (]~" _ {J Iru ;/~.. , ~ r thonotary \:1'(. :b '::j Advance Costs: Sheriffs Costs: 150.00 48.45 $ 101.55 Refunded to Atty on 07/25/05 So Answers; ~~K~i;;'~~ cJ~J1L- ~W By Claudia A. Brewbaker l-G \\\;.\ srt~l , c-..~ I::i..-::: , ~" (F-"C . -., '/ !liij, I. ~/) \::l. -R ~ /-. ..(:; (' U<. 5' OL. 70 R.v. /(,1, 7ft? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5246 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GMAC, LLC Plaintiff (s) From MATTHEW C. GROMAN (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of MEMBER 1sT FEDERAL CREDIT UNION AT 392 EAST PENN DRIVE, ENOLA, PA 17025 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,974.89 Interest $2,466.27 Atty's Comm % Atty Paid $189.33 Plaintiff Paid Date: 11/29/10 (Seal) L.L. Due Prothy $2.00 Other Costs J Davi uell, Pr honotary By: REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 7TH AVE. PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Deputy Supreme Court ID No. 90963 FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 29 PM 3: 12 Ctl PENN5YLV AN A TY GMAC, LLC Plaintiff vs. MATTHEW C GROMAN Defendant MEMBER 1 ST FEDERAL CREDIT UNION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No. 04-5246 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) Garnishee, III Y. S' c 4" 3b .*§ 55. ;o 9.00 IS 06 ?B F u FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. 490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03579149 5/g5 33 Pd fiiy -1?. DD dry C'0 C K? ?t87 ?y8c? Q 426 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. MATTHEW C GROMAN Defendant MEMBER 1ST FEDERAL CREDIT UNION, Garnishee TO THE PROTHONOTARY: Civil Action No. 04-5246 CIVIL PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MATTHEW C GROMAN, Defendant 3. against MEMBER 1sT FEDERAL CREDIT UNION, Garnishee 4. Judgment Amount $ Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 6,974.89 $ 2,466.27 $ 9,441.16 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PIA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. Civil Action No. 04-5246 CIVIL MATTHEW C GROMAN Defendant - MEMBER 1ST FEDERAL CREDIT UNION Garnishee WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against: MATTHEW C GROMAN Defendant(s); (1) You are also directed to attach the property of the defendant not levied upon in the possession of MEMBERS 1sT FEDERAL CREDIT UNION, as garnishee, 392 East Penn Drive Enola, PA 17025 and to notify the garnishee that: a. An attachment. has been issued; b. Except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant and from delivering any property of the defendant or otherwise disposing thereof, c. The attachment shall not include any funds in an account of the defendant with a bank or other financial institution i. In which funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law, or (i) the first $10,0000.00 of each of the account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law ii. Each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law iii. Any funds in an account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are indentified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law (2) If property of the defendant not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify [him] such other person that he or she has been added as a garnishee and is enjoined as above stated Amount due .......................................... $ 9,441.16 Costs to be added .................................. $ Prothonotarv Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GMAC, LLC Plaintiff vs. MATTHEW C GROMAN Defendant MEMBERS IST FEDERAL CREDIT UNION Garnishee WRIT OF EXECUTION NOTICE No. 04-5246 CIVIL This paper is a "Writ of Execution". It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot be taken and sold by the Sheriff to satisfy your debts. SUCH PROPERTY IS SAID TO BE EXEMPT. No matter what you may owe, there is a DEBTOR'S EXEMPTION established by law. This means that no matter what happens, the Sheriff must give you from the sale at least $300.00 in cash or property. There are also other exemptions which may be applicable to you. Listed below is a summary of some of the major exemptions. You may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Complete the claim form on the opposite side and demand a prompt hearing. (2) Deliver the form or mail it to the Sheriffs Office at the address noted. You should come to court when and where you are told to appear ready to explain your exemption. IF YOU DO NOT COME TO COURT AND PROVE YOUR EXEMPTION, YOU MAY LOSE SOME OF YOUR PROPERTY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 TELEPHONE NO.: (717) 249-3166 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300.00 exemptions set by law. 2. All wearing apparel used by yourself and all family members. 3. Bibles, school books, sewing machines, uniforms & equipment. 4. Tools of your trade such as carpenter's tools. 5. Most wages & unemployment benefits. 6. Social Security benefits, certain retirement funds and accounts. 7. Certain veteran & armed forces benefits. 8. Certain insurance proceeds. 9. Such other exemptions as may be provided by law. CLAIM FOR EXEMPTION TO THE SHERIFF: I, the above-named defendant, claim exemption of property from levy or attachment: (1) FROM MY PERSONAL PROPERTY IN MY POSSESSION WHICH HAS BEEN LEVIED UPON, (a) I desire that my statutory $300.00 exemption be: (1) set aside in kind (specify property, to be set aside in kind: (2) paid in cash following the sale of the property levied upon; or (b) I claim the following exemption: (specify property and basis of exemption): (2) FROM MY PROPERTY WHICH IS IN THE POSSESSION OF A THIRD PARTY, I CLAIM THE FOLLOWING EXEMPTIONS: (a) my $300.00 statutory exemption: in cash in kind (specify property): (b) Social Security benefits on deposit in the amount of $ (c) Other (specify amount & basis for exemption): I request a prompt court hearing to determine the exemption. Notice of hearing should be given me at the following: ADDRESS: TELEPHONE NUMBER: I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. § 4904 relating to unswom falsification to authorities: Date: Defendant: THIS CLAIM TO BE FILED WITH: Office of the Sheriff of Cumberland County One Courthouse Square, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number: (717) 240-6390 Note: Under paragraphs (1) and (2) of the Writ, a description of specific property to be levied upon or attached may be set forth in the Writ or included in a separate direction to the Sheriff. Under paragraph (2) of the writ, if attachment of a named garnishee is desired, his name should be set forth in the space provided. Under paragraph (3) of the writ, the Sheriff may, as under prior practice, add as a garnishee any person not named in this writ who may be found in possession of property of the defendant. See Rule 3111 (a). For limitations on the power to attach tangible personal property, see Rule 3108(a) (b). Each court shall, by local rule, designate the officer, organization or person to be named in the notice. •r ' DEC 0 7 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. MATTHEW C GROMAN Defendant and MEMBER I ST FEDERAL CREDIT UNION Garnishee No. 04-5246 CIVIL INTERROGATORIES IN ATTACHMENT MEMBERS lsr FEDERAL CREDIT UNIP?N c_1 rn c r 7 'r? s?? r- ., FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: 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) 434-7955 WWR#03579149 . If IN THE COURT OF COMMONTLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION GMAC, LLC Plaintiff vs. MATTHEW C GROMAN Defendant and MEMBER 1ST FEDERAL CREDIT UNION Garnishee Civil Action No.: 04-5246 CIVIL TO: MEMBERS I ST FEDERAL CREDIT UNION Suggested Reference No.: XXX-XX.-6103 392 East Penn Drive Enola, PA 17025 RE: MATTHEW C GROMAN 4617 LAUREL RIDGE DR HARRISBURG, PA 17110 IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory 1 is in the affirmative, state the following. the amourit of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. nip 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. f? b 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? PD 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? no 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? no 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? n D 7. if you are a hank or other financial institution, at the time you were served or at at-, subsequent time did the defendant have binds on deposit in an acccnint in which funds are deposited elect;??nicaily on a reciirring basis and vtihich :are identified as being Funds that upon deposit arc exempt from eXcc!ltitv1_ Ivcv or attachment Under fcnnsvlvania or federal law`? If so, ldentify each account and state the reason for the exemption, the .:+mo??nt bein_r uirbh,id irnder each exemption and the amount of f!,nds n each accounr_ _ind it Entity 8. If you are a bank or other financial institution, at the time you were served or at an), subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. no -G3nd.S 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. n Icy. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. r) 'ck- 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? 0G h nc(s 12. If the response to Interrogatory 1 I is in the affirmative, state the amount of non-exempt funds on deposit in the account. r1D ?u nds WELTMAN, WEINBERG & REIS CO., L.P.A. By: r 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) 434-7955 WWR40 3 X791 'I9 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATU ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ? rn ---? n Sheriff r- r Jody S Smith ° Chief Deputy co Richard W Stewart > C--j '-T, Solicitor Orr 4E "I Tt-... +- Fi GMA LLC vs. . I Case Number Matthew C Groman 2004-5246 SHERIFF'S RETURN OF SERVICE 12/07/2010 12:41 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 7, 2010 at 1241 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Matthew C. Groman, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Harman, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 8, 2010 to Matthew C. Groman at 4617 Laurel Ridge Drive, Harrisburg, PA 17110. SO ANSWERS, December 07, 2010 ;RbN 4ADERSON, SHERIFF liine, Deputy GOL]MySuite Shentf. iefoorA. Inc. WELTMAN, WEMERG & REIS CO., L.P.A. 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 # 3579149 Attorney for Plaintilff(s) DISCOVER BANK vs. MATTHEW C GROMAN and MEMBERS 1ST FEDERAL CREDIT UNION Garnishee(s) CUMBERLAND C Court of Common NO. 04-5246 CIVIL c o r'1'1 C7 C/) w -<> .,o > ?- O C) _n S f'xlr `0 m 7-0a) O o-n a-n D 3> c co z TO THE PROTHONOTARY: -a Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), MEMBERS 1ST FEDERAL CREDIT UNION, only. WELTMAN, WEINBERG & REIS Co., L.P.A. By ?I Matthew D. Urban, Esquire Attorney for Plaintiff Sworn to and subscribed Before me thud Day of DECEMBER, 2010 OTARY PUBL&MMONM*a 91 A ,N BANIA NahMN Sol Shelia G. Bevan, Notary Publk Ross Twp„ All$* ny County My Commleslon Nov. 15 2014 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES -ko a a c¢,,?asa?? WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin R. Bibler, Esquire Attorney for Plaintiff(s) I.D. No.93598 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 N `-?D ' Phone: 412.434.7955 ® --+ Fax: 412.434.7959 r, w File # 3579149 TIC = ern c- r.,3 1" GENERAL MOTORS ACCEPTANCE ? Cumberland County " Court of Common Pleas vs. MATTHEW C GROMAN NO. 04-5246 CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By 'R. Bibkr, Esquire for Plaintiff Sworn to and subscribed Before me the V-04 day of January, 2011 (N!0!TARY1<BLIC MwwuuFei Th OF PENNSYLVANIA NOW101 Seal Wendy L. QWk NOWY ?ry city of Rasburgh, Allighoy 15, 2014 Member. PennS*$n19 Aasocladon of Notaries wk SS.CD'rC'C1 C" gog3T' e ol5q 16'7 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?,,IV di Cr11,q ,,, a. OFFn E rFr r.iFF FILED-OFFICE OF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 AUG 23 PM 3= 51 CUMBERLAND COUNTY PENNSYLVANIA GMAC LLC vs. Matthew C Groman Case Number 2004-5246 SHERIFF'S RETURN OF SERVICE 12/07/2010 12:41 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 7, 2010 at 1241 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Matthew C. Groman, in the hands, possession, or control of the within named garnishee, Members list Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Denise Harman, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on December 8, 2010 to Matthew C. Groman at 4617 Laurel Ridge Drive, Harrisburg, PA 17110. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.09 SO ANSWERS, August 22, 2011 RON R ANDERSON, SHERIFF 0 ) ?, . C- ice . ??3?/ 7 {c CowiiySuite Shenff. Teieosoft, Inc