HomeMy WebLinkAbout14-3873 Supreme COu`of 'ennsylvania
Couil ol[nmolrt Pleas For Prothonotary Use Only:
civil Cover Sheet 1
Docket No: f
CCU. 6rland County �4—3B173 alv' lTam
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The information collected on this form is used solely.for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by lax,or rules of court.
Commencement of Action:
S [E Complaint O Writ of Summons Petition
O Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
Santander Consumer USA, Inc. Sally and Paul Gethouas, h/w
T Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? O Yes !X No
(check one) [Eoutside arbitration limits
O
N Is this a Class Action Suit? ( Yes x; No Is this an MDJAppeal? O Yes El No
A Name of Plaintiff/Appellant's Attorney:
Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
O Intentional O Buyer Plaintiff Administrative Agencies
O Malicious Prosecution O Debt Collection: Credit Card O Board of Assessment
O Motor Vehicle 0 Debt Collection:Other O Board of Elections
O Nuisance 0 Dept.of Transportation
O Premises Liability 0 Statutory Appeal:Other
S O Product Liability(does not include OEmployment Dispute:
mass tort)
E Discrimination
O Slander/Libel/Defamation
C O Other: 0 Employment Dispute:Other O Zoning Board
T O Other:
I O Other:
O MASS TORT
O Asbestos
N O Tobacco
O Toxic Tort-DES
O Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
O Toxic Waste
O Other: O Ejectment O Common Law/Statutory Arbitration
B O Eminent Domain/Condemnation O Declaratory Judgment
O Ground Rent O Mandamus
O Landlord/Tenant Dispute O Non-Domestic Relations
O Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial O Quo Warranto
Dental O Partition x' Replevin
O Legal O Quiet Title O Other:
L Medical C+ Other:
0 Other Professional:
Updated 1/1/2011
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
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Santander Consumer USA Inc. -38'73
Plaintiff
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Sally and Paul Gethouas, H/w ^. -
Defendant Z: ;
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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 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 REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
1-800-990-9108 S
717-249-3166
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DOLCHIN, SLOTKIN & TODD, P.C.
By: Barry W. Krengel, Esquire
Identification No. 28517
Bkren gel kdol chin.com
Two Liberty Place- 35"'Floor Attorney for Plaintiff
50 S. 16th Street
Philadelphia, PA 19102
215-665-3506
SANTANDER CONSUMER USA, INC., COURT OF COMMON PLEAS
Successor in Interest to GE Money Bank CUMBERLAND COUNTY
1010 W. Mockingbird Lane, Suite 100
Dallas, TX 75247 No.
V.
SALLY and PAUL GETHOUAS, H/W
301 N. Enola Drive
Enola, PA 17025
COMPLAINT IN REPLEVIN
1. Plaintiff is Santander Consumer USA, Inc., Successor in Interest to GE Money
Bank ("Santander" or"Plaintiff'), an Illinois Corporation, authorized to do business in the
Commonwealth of Pennsylvania with a principal place of business located at 1010 W.
Mockingbird Lane, Suite 100, Dallas, TX 75247.
2. Defendants are Sally and Paul Gethouas,h/w(collectively"Defendants"), adult
individuals, who reside at 301 N. Enola Drive, Enola, PA 17025.
Breach of Contract
3. On or about May 3, 2006, Plaintiffs predecessor in interest, GE Money Bank,
entered into a Retail Installment Sale Contract("Contract") for the purchase of a 2002 Jayco
312FKS, VIN No. IUJBJ02PXl 1CP0464 ("Vehicle") as more fully appears in the Contract
which is attached hereto, made part hereof and marked Exhibit"A".
4. On or about December 30, 2010, Santander Consumer USA Inc. acquired all of
GE Money Bank's right,title and interest to the aforesaid Contract. A true and correct copy of
the Assignment and Assumption Agreement is attached hereto, made part hereof and marked
Exhibit`B".
5. Pursuant to the terms of the aforesaid Contract, Defendants agreed to make
monthly payments of$144.23 for a term of 144 months.
6. Defendants have defaulted under the terms of the Contract by failing and refusing
to pay Santander,the monthly installment payment due January 2, 2013, and Defendants, have
failed and continue to fail to make payments thereafter and otherwise have failed to perform their
obligations pursuant to the Contract and are indebted to Santander in the principal sum of
$7,260.03.
7. Although demand has been made, Defendants have failed to make payment of the
amount due.
8. Pursuant to the aforesaid Contract, Santander acquired a security interest in the
Vehicle being purchased with the loan proceeds.
9. Pursuant to the Contract, Santander is entitled to repossess the Vehicle if the
Defendants are in default of the Contract.
10. It is believed and therefore averred, the Vehicle is currently located at 301 N.
Enola Drive, Enola, PA 17025.
WHEREFORE,plaintiff, Santander Consumer USA, Inc. demands judgment for
possession against defendants, Sally and Paul Gethouas,h/w,jointly and severally, and
immediate repossession of the 2002 Jayco 312FKS, plus costs of suit and interest thereon, and
for such other relief and this Court deems just and appropriate.
DOLCHIN, SLOTKIN & TODD,P.C.
A
DATE: t l
BA= KRENGEL, ESQUIRE
Attorne or Plaintiff
VERIFICATION
I, Sergio Padilla, am Vice President, Specialized Services for Santander Consumer USA,
Inc
contained in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief. I make this Verification subject to the penalties of 18 Pa.C.S.A. §4904,
relating to unsworn falsification to authorities.
ergio Padilla,Vice President
Specialized Services
Date: e-7,3�jy
COUVNEY CELESTE R MILL-G
NotaYy Public, state of texas
;'•.l :Q My Commission Expires
July 16, 2017
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EXHIBIT B
BILL OF SALE AND
ASSIGNMENT AND ASSUMPTION AGREEMENT
BILL OF SALE AND ASSIGNMENT AND ASSUMPTION AGREEMENT
(this "Bill of Sale"), dated as of December 30, 2010, among (i) GE Money Bank, a
Federal savings association("GE Money"), GEMB Lending, Inc., a Delaware
corporation("GEMBL"),Monogram Credit Services, LLC(together with GE Money
and GEMBL each, a"Seller"and collectively, the"Sellers") and(ii) Santander
Consumer USA Inc., an Illinois corporation("Buyer").
WITNESSETH :
WHEREAS, Buyer and Sellers have concurrently herewith consummated the
purchase by Buyer of the SCUSA Purchased Assets pursuant to the terms and conditions
of the Asset Purchase Agreement dated December 30, 2010 among Buyer, Sovereign
Bank and Sellers, (the "Asset Purchase Agreement"; terms defined in the Asset
Purchase Agreement and not otherwise defined herein being used herein as therein
defined); and
WHEREAS,pursuant to the Asset Purchase Agreement, Buyer has agreed to
assume certain liabilities and obligations of Sellers with respect to the SCUSA Purchased
Assets.
NOW, THEREFORE, in consideration of the sale of the SCUSA Purchased
Assets and in accordance with the terms of the Asset Purchase Agreement,Buyer and
Sellers agree as follows:
1. Each Seller does hereby sell,transfer, assign and deliver to Buyer all of its
right,title and interest in, to and under the SCUSA Purchased Assets and Assigned IP
Rights sold by such Seller pursuant to the Asset Purchase Agreement.
2. Buyer does hereby accept all the right,title and interest of the Sellers in,to
and under all of the Purchased Assets and Assigned IP Rights, and Buyer assumes and
agrees to pay,perform and discharge promptly and fully when due all of the SCUSA
Assumed Liabilities.
3. Each Seller hereby covenants that, from time to time after delivery of this
Bill of Sale, at the reasonable request of Buyer and without further consideration, such
Seller shall do, execute, acknowledge and deliver, or cause to be done, executed,
acknowledged and delivered, any and all such further reasonable acts, instruments,
conveyances, endorsements and other things or writings reasonably requested by Buyer
in order to evidence and effectuate the conveyance of the SCUSA Purchased Assets and
Assigned IP Rights. Additionally, each Seller hereby irrevocably constitutes and
appoints Buyer and any officer or agent thereof, with full power of substitution, as its true
US ACTIVE:\43596563\01\47660.3466
and lawful attorney-in-fact with full irrevocable power and authority in the place and
stead of such Seller or in Buyer's own name,to execute, acknowledge and deliver, or
cause to be done, executed, acknowledged and delivered, any and all such further
instruments, conveyances, endorsements, and other things or writings reasonably required
by Buyer in order to(a)perfect an enforceable first-priority security interest in or
evidence the transfer of title to the vehicles comprising collateral for the SCUSA
Transferred Receivables, and(b)protect,preserve, or realize upon the SCUSA Purchased
Assets and Buyer's security interest therein.
4. Nothing contained in this Bill of Sale diminishes or affects any statements,
certifications,representations,warranties, covenants, agreements or indemnifications by
Buyer, Sovereign Bank or Sellers, each of which shall survive the delivery of this Bill of
Sale in accordance with the terms of the Asset Purchase Agreement, and none of which
have merged into this Bill of Sale. This Bill of Sale does not create any independent
rights or remedies other than those specifically set forth in the Asset Purchase
Agreement.
5. This Bill of Sale shall be governed by and construed in accordance with
the law of the State of New York,without regard to the conflicts of law rules of such
state.
6. This Bill of Sale may be executed in one or more counterparts, each of
which shall be deemed to be an original, but all of which together shall constitute one and
the same instrument.
[Signature page follows]
US ACTIVE:\43596563\01\47660.3466 2
IN WITNESS WHEREOF,the parties hereto have caused this Bill of Sale to be
duly executed as of the day and year first above written.
GE MONEY BANK
By:
Name:
Title:
GEMB LENDING,INC.
By:
Name:
Title:
MONOGRAM CREDIT SERVICES,LLC
By: e__--
Name: P/V?m,,j,7v
Title:
--------------— ............. ......... ......... ... .......... .............
9375348886 KETT15 06:41:16 p.m. 12-23-2010 1/7
IN WITNESS WHEREOF, the parties hereto have caused this Bill of Sale to be
duly executed as of the day and year first above written.
GE MONEY BANK
By:
Name:
Title:
GEMB LENDING,INC.
By: /l owey Ampi(t,
Name:"N zf� 0)W0AJ
Title: pi�'�1�U�/Cr✓"
MONOGRAM CREDIT SERVICES,LLC
By:
Name:
Title:
i
SANTANDER CONSUMER USA INC.
By:
Ilam . F t dr t tlms j r
Titl tff- ggl t jcw o 5ic4Lke--fY
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
t p a CAM tdert
Jody S Smith '' H' f !.
Chief Deputy
Richard W Stewart ,T13LIALAAL,
Solicitor ttliliA
Santander Consumer USA, Inc. Case Number
vs.
Sally Ann Gethouas (et al.) 2014-3873
SHERIFF'S RETURN OF SERVICE
07/03/2014 08:23 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint in
Replevin by"personally" handing a true copy to a person representing themselves to be the Defendant,
to wit: Sally Ann Gethouas at 301 N. Enola Drive, East Pennsboro Township, Enola, PA 17025.
r\ (.\,(.\zr;D
J DIMARTLE, D PUTY
07/03/2014 08:23 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint in
Replevin by handing a true copy to a person representing themselves to be Sally Ann Gethoas, Wife of
defendant,who accepted as"Adult Person in Charge"for Paul Gethouas at 301 North Enola Drive, East
Pennsboro, Enola, PA 17025.
\,kkiA, AH,w)c)-
E DIMARTLE, DEPUTY
SHERIFF COST: $60.95 SO ANSWERS,
July 07, 2014 RONNY R ANDERSON, SHERIFF