HomeMy WebLinkAbout06-6423IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC
Plaintiff
VS.
GARY K DARHOWER
Defendant
No. Ca - 4.g2a
COMPLAINT IN CIVIL ACTION
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#05246639
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC
Plaintiff
vs. Civil Action No.
GARY K DARHOWER
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 further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff is a corporation having offices in 5700 CROOKS RD STE 301
TROY, MI 48098-0000
2. Defendant is an adult individual residing at 610 BURGNERS RD
CARLISLE,PA 17013
3. On or about MARCH 2, 2004, Defendant duly executed a RETAIL INSTALLMENT
SALE CONTRACT (hereinafter the "Contract"), 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 NEW 2004 CHEVROLET P/U.
5. Pursuant to the terms and conditions provided by the Contract, the Contract was assigned
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 $6,301.24 is due from Defendant as of OCTOBER 4, 2006.
8. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to
interest at the rate of 6.00% per annum.
9. Plaintiff avers that the Contract between the parties provides that Defendant will pay
Plaintiff's reasonable attorneys' fees.
10. Plaintiff avers that such attorneys' fees amount to $1000.00.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or
refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendant, GARY K DARHOWER,
individually, in the amount of $6,301.24 with continuing interest thereon at the Contract rate of 6.00% per
annum from DATE OF JUDGMENT, plus attorneys' fees of $1000.00 and costs.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
SHALL BE USED FOR THAT PURPOSE.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
14111
William T. M Iczan, quire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#:05246639
RETAIL INSTALMENT SALE CONTRACT /,
Buyer (and Co-Buyer)-Name and ad ress (include county and zip code)
GARY K DARHOWER
610 BURGICRS ROAD
FORBES CHEVROLET, INC
3400 HARTZDALE DRIVE
CAMP HILL PA 17011
You, me buyer (and (;o-Buyer, it any), may buy the vehicle described below for cash or on credit. By signing this contract, you choose to buy )fie vehicle on credit
under the agreements on the front and back of this contract. You agree to pay us, the Creditor, the Amount Financed and C according to the
payment schedule shown below.
New or Used Year Make and Model Vehicle Identification No. Prima Use for Which Purchase
CHEVROLET
16CEK19T14E140523 (lersonal, family, or household ? agricultural
? business ?
Your trade-in is a: Year Make Model
FEDERAL TRUTH-IN-LENDING DISCLOSURES
ANNUAL FINANCE Amount Total of Payments Total Sale Price
PERCENTAGE CHARGE Financed The amount you The total cost of
RATE The dollar The amount of will have paid after your purchase on
The cost of your amount the credit provided to you have made all credit, including
credit as a yearly credit will cost you or on your payments as your downpayment
rate. you. behalf. scheduled. of $ N/ is
30 cy? i $ az?5_ a _27457. aA $ 37292.54 $ 37292.64
Your Payment Schedule Will Be:
Number
of Payments Amount
of Payments When Payments
Are Due Or as
Follows
$ 565.0 Monthly beginning 04/01/04
Late Charge. If a payment is not received in full within 10 days after it is due, you will pay a late
charge. If the vehicle is a heavy commercial motor vehicle, the charge will be 4% of the part of the
payment that is late. Otherwise, the charge will be 2% per month of the part of the payment that is
late, figured based on a full calendar month for any part of a month that is more than 10 days.
Prepayment. If you pay off all your debt early, you may be entitled to a refund of part of the finance
charge.
Security Interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about
nonpayment, default, any required repayment in full before the scheduled date, prepayment refunds
and security interest.
ITEMIZATION OF AMOUNT FINANCED
1 Cash price (including any accessories, services, and taxes) $ 27773. 901)
2 Total downpayment = (If negative enter '0' and see line 4H below)
Gross trade-in $ N/n-payoff by seller $ N/A
= net trade-in $ N/n + cash $ NIA
+ other (describe) $ N/A $ NIA2)
3 Unpaid balance of cash price (1 minus 2) $ 27773. 963)
4 Other charges including amounts paid to others on your behalf (Seller may
keep part of these amounts.):
A Cost of optional credit insurance paid to the insurance
company or companies
Life $ NIA
Disability $ NIA $ N/A
B Other insurance paid to the insurance company
(describe) $ N/A
C Official fees paid to government agencies $ NIA
D Government taxes not included in cash price $ N /A
E Government license and/or registration fees
$ 86.00
F Government certificate of tide fees
(includes $ 20 005ecurity interest recording fee) $ 42.
G Other charges (Seller must identity who is paid and
describe purpose.)
to DEALER for DOC FFF $ 55.00
to for $ NIA
to for $ N/A
to for $ N/A
to for $ Nic
to for $ Nip
H Net trade-in payoff to $ ?r
Total other charges and amounts paid to others on your behalf $ , nZ sh})
5 Amount financed (3 + 4) $-m=. AIM
6 Finance charge $ 93-25 2(Q)
7 Total of payments - time balance (5+6) $ -2-7?aP cZ)
you do not meet your contractual obligations, you may lose your motor vehicle.
Insurance. You may buy the physical damage insurance
this contract requires (see back) from anyone you choose
who is acceptable to us. You are not required to buy any
other insurance to obtain credit. Your decision to buy or
not buy other insurance will not be a factor in the credit
approval process.
If any insurance is checked below, policies or certificates
from the named insurance companies will describe the
terms and conditions.
Check the insurance you want and sign below:
Optional Credit Insurance.
? Credit Life-/A Buyer ? Co-Buyer
Term
? Credit Disability (Buyer Only)
Term N/A
Premium:
Credit Life $ N/A
Credit Disability $ N/A
N/A
(Insurance Company)
N/A
(Home Office Address )
Credit life insurance and credit disability insurance
are not required to obtain credit. Your decision to
buy or not buy credit life insurance and credit
disability insurance will not be a factor in the credit
approval process. They will not be provided unless
you sign and agree to pay the extra cost. Credit life
insurance pays the unpaid part of the amount
financed if you die. Credit disability insurance pays
the scheduled payments due under this contract
while you are disabled. The policies or certificates
issued by the named insurance companies may
further limit the coverage that credit life or credit
disability insurance provides. See the policies or
certificates for coverage limits and other terms and
conditions. Credit life insurance and credit disability
insurance are for the term of this contract unless a
different term for the insurance is shown below.
Other Insurance. N/A
Type of Insurance Term
Premium $ N/A
.(Insurance Company)
(Home Office Address)
I want the insurance checked above.
X 03!02/0
Buyer Signature Date
x 03!02/0
Co-Buyer Signature Date
ANY INSURANCE REFERRED TO IN THIS
CONTRACT DOES NOT INCLUDE COVERAGE
FOR PERSONAL LIABILITY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
L- I
HOW THIS CONTR CT CAN BE CHAN D.oThis con ct contains the entire agreement between you and us relating to this contract. Any change to the
contract must be in Ong and we ust s' ' . N oral c gas ar binding.
Buyer Signs Co-Buyer Signs X
If any part of this contra is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them.
For example, we may extend the time for making some payments without extending the time for making others.
You authorize us to obtain information about you, or the vehicle you are buying from the state motor vehicle department or other motor vehicle registration
authorities.
See back for other Important agreements.
Contract Number A I }
Creditor (Seller name and address)
1111
Dealer Number
Do not sign this contract on a Sunday.
charge. If the vehicle is a heavy commercial motor vehicle, the charge will be 4% of the part of the
payment that is late. Otherwise, the charge will be 2% per month of the part of the payment that is
late, figured based on a full calendar month for any part of a month that is more than 10 days.
Prepayment. If jou pay off all your debt early, you may be entitled to a refund of part of the finance
charge.
Security Interest. You are giving a security interest in the vehicle being purchased.
Additional Information: See this contract for more information including information about
nonpayment, default, any required repayment in full before the scheduled date, prepayment refunds
and security interest.
ITEMIZATION OF AMOUNT FINANCED
1 Cash price (including any accessories, services, and taxes) $ 27773. 901)
2 Total downpayment = (If negative enter "0' and see line 4H below)
Gross trade-in $ N ip -payoff by setter $ N/A
= net trade-in $ Nl? + cash $ N/A
+ other (describe) $ N/A $ N/92)
3 Unpaid balance of cash price (1 minus 2) $ 27773. 903)
4 Other charges including amounts paid to others on your behalf (Seller may
keep part of these amounts.):
A Cost of optional credit insurance paid to the insurance
company or companies
Life $ N/A
Disability $ N/A $ N/A
B Other insurance paid to the insurance company
(describe) $ NIA
C Official fees paid to government agencies $ HIS
D Government taxes not included in cash price $ N /p
E Government license and/or registration fees
$ 86.00
F Government certificate of title fees
(includes $ get4ecurity interest recording fee) $ 42.5
0
G Other charges (Seller must identify who is paid and
describe purpose.)
to DEAI.lR for DOC FFF $ 55.00
to for $ N/A
to for $ N/A
to for $ N/A
to for $ ULA
to for $ N4p -
H Net trade-in payoff to $ %4A
Total other charges and amounts paid to others on your behalf $ I raz rh{)
5 Amount financed (3 + 4) $ 27957 Ad)
6 Finance charge $ o7zS ;4)
7 Total of payments - time balance (5+6) $ 77999 c,(g)
If you do not meet your
you may lose your motor
Premium:
Credit Life $ N/A
Credit Disability $ N/A
N/A
(Insurance Company)
(Horne Office Address)
Credit life insurance and credit disability insurance
are not required to obtain credit. Your decision to
buy or not buy credit life insurance and credit
disability insurance will not be a factor in the credit
approval process. They will not be provided unless
you sign and agree to pay the extra cost. Credit life
insurance pays the unpaid part of the amount
financed if you die. Credit disability insurance pays
the scheduled payments due under this contract
while you are disabled. The policies or certificates
issued by the named insurance companies may
further limit the coverage that credit life or credit
disability insurance provides. See the policies or
certificates for coverage limits and other terms and
conditions. Credit life insurance and credit disability
insurance are for the term of this contract unless a
different term for the insurance is shown below.
Other Insurance. N/A
Type of Insurance Term
Premium $ N/A
(Insurance Company)
(Home Office Address)
I want the insurance checked above.
X 03/02/0
Buyer Signature Date
X 03/02/04
Co-Buyer Signature Date
ANY INSURANCE REFERRED TO IN THIS
CONTRACT DOES NOT INCLUDE COVERAGE
FOR PERSONAL LIABILITY AND PROPERTY
DAMAGE CAUSED TO OTHERS.
HOW THIS CONTR CT CAN BE CHAN D. This con ct contains the entire agreement between you and us relating to this contract. Any change to the
contract must be in 'ng and we ust s' Pt. No oral c ges ar binding.
Buyer Signs Co-Buyer Signs X
If any part of this contra is not valid, all other parts stay valid. We may delay or refrain from enforcing any of our rights under this contract without losing them.
For example, we may extend the time for making some payments without extending the time for making others.
You authorize us to obtain information about you, or the vehicle you are buying from the state motor vehicle department or other motor vehicle registration
authorities.
See back for other Important agreements.
Do not sign this contract on a Sunday.
Notice to Buyer.
Do not sign this Fco ract in blank. You are entitled to an exact copy of the contract you sign. Keep
it to protect ul ri ghts.
Buyer Signs Date Co-Buyer signs x Date 03/02/04 133102/914 You agree to the terms of this contract. You confirm that before you signed this contract, we gave it
to you, and y u were free to take it and review it. You confirm that you received a completely
filled-in cop he u signed
Buyer Signs X) ?,/??Date Co-Buyer Signs X Date a a /mp /a/.
Co-Buyers and Other Owners - A co-buyer is a person who is responsible for paying the entire debt. An other owner is a person whose name is on the title to the vehicle but does
not have to pay the debt. The other owner agrees to the security interest in the vehicle given to us in this contract.
Other owner signs here X Date 03/02/04 Address
Creditor Signs ORBES GI IEVR06ET, -03#ap/@A By X f_ J ,4 -d Title
Seller assigns its interest in this contract to General Motors Acceptance Corporation (GMAC) under the terms of the GMAC Retail Plan agreement.
Assigned with recourse Assigned without recourse or wit limit recourse
FORBES CHEVROLET, INC.
Seller By Title Seiler By
Z109 PA 3/2004 (For Use in the State of Pennsylvania) (1 of 4) Notice: See Other Side
Copyright 2001 General Motors Acceptance Corporation. All Rights Reserved. ORIGINAL
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 ?V ?-- w4ut:
n ? (Name)
CAAA-- , ?-?- , plaintiff herein, that
(Title) (Company)
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his/her knowledge, information and belief.
(Signature)
WWR#05246639
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06423 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GMAC
VS
DARHOWER GARY K
SHANNON SHERTZER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
DARHOWER GARY K the
DEFENDANT at 2030:00 HOURS, on the 28th day of November 2006
at 610 BURNERS RD
CARLISLE, PA 17013
GARY DARH:OWER
by handing to
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: So Answers:
Docketing 18.00
Service 4.40 ;,e"O.//?? L/
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
32.40,-"' 11/29/2006
WELTMAN WEINBERG REIS
Sworn and Subscibed to By:
before me this day Deputy She iff
of A.D.
GMAC,
Plaintiff
V.
GARY K. DARHOWER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 6423 CIVIL TERM
CIVIL ACTION - LAW
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Answer with New
Matter within twenty (20) days from service hereof or a judgment may be entered against you.
IRWIN & McKNIGHT
AT v
Douglas Miller, Esquire
Supreme ourt I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendant,
Gary K. Darhower
Date: January 16, 2007
GMAC,
V.
GARY K. DARHOWER,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 6423 CIVIL TERM
Defendant CIVIL ACTION -LAW
ANSWER WITH NEW MATTER
TO PLAINTIFF'S COMPLAINT
AND NOW this 16`h day of January, 2007, comes the Defendant, Gary K. Darhower, by
and through his attorneys, Irwin & McKnight, and respectfully files this Answer with New
Matter to the Plaintiff's Complaint, and in support thereof aver as follows:
1. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph one (1) of
Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is
demanded at trial.
2. The averments of fact contained in paragraph two (2) are admitted.
3. The Retail Installment Sale Contract referenced in paragraph three (3) and
attached as Exhibit "1" to the Plaintiff's Complaint speaks for itself and therefore no response is
required. To the extent a response is required, any averment that differs from the terms of the
Contract attached as Exhibit "1" is specifically denied and strict proof thereof is demanded at
trial.
4. The averments contained in paragraph four (4) are admitted.
5. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph five (5) so they
are therefore specifically denied and strict proof thereof is demanded at trial.
6. The averments contained in paragraph six (6) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial.
7. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in paragraph seven (7) so
they are therefore specifically denied and strict proof thereof is demanded at trial.
8. The averments contained in paragraph eight (8) are conclusions of law to which
no response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial. By way of further answer, the Contract
attached as Exhibit "1" to Plaintiff's Complaint does not state that Plaintiff is entitled to interest
at the rate of 6.00% per annum.
9. The averments contained in paragraph nine (9) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial. By way of further answer, the Contract
attached as Exhibit "1" to Plaintiffs Complaint does not state that Plaintiff is entitled to
reasonable attorney fees.
10. The averments contained in paragraph ten (10) are conclusions of law to which no
response is required. To the extent that a response is required, the averments are specifically
denied and strict proof thereof is demanded at trial. By way of further answer, Defendant
2
believes that therefore avers that the filing of a standard form complaint would not result in
reasonable attorney fees of $1,000.00.
11. The averments contained in paragraph eleven (11) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial. By way of further answer,
Defendant specifically requested that he be permitted to make monthly payments on his account
which requests were refused.
WHEREFORE, Defendant, Gary K. Darhower, respectfully requests this Honorable
Court to enter a judgment in his favor and against Plaintiff in this matter, together with
reasonable costs and attorney fees, and such other and further relief as this Court deems just.
NEW MATTER
12. The averments of fact contained in the Answers to the Complaint are hereby
incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff.
13. Prior to the repossession of the subject vehicle, when Defendant lost his
employment, he contact Plaintiffs representatives to attempt to negotiate a reduction in his
payments on the basis of hardship.
14. Plaintiff's agents refused to allow Defendant to negotiate a reduction in his
payments on the basis of hardship.
15. Defendant subsequently informed Plaintiffs agents that he would be unable to
make the required monthly payments because of the changes in his employment.
3
16. After the voluntary repossession, Defendant specifically requested that he be
permitted to make monthly payments on his account to satisfy the purported outstanding balance
which requests were refused by Plaintiff's representatives.
17. Plaintiff's agents or representatives refused to allow Defendant to make regular
payments on the purported outstanding balance.
18. The copy of the contract attached as Exhibit "1" to Plaintiff's Complaint does not
provide for interest at the rate of 6.00% per annum.
19. The copy of the contract attached as Exhibit "1" to Plaintiff's Complaint does not
state that Plaintiff is entitled to reasonable attorney fees.
20. Plaintiff's attorney fees as averred to be $1,000.00, are not in fact reasonable
under the circumstances.
21. As a direct result of the refusal by Plaintiff through its representatives to accept
payments from Defendant, it is believed and therefore averred that penalties and interest wrongly
continued to accrue on the purported debt.
22. Plaintiff's Complaint therefore fails to state claims or causes of action upon which
relief can be granted.
23. All or a portion of Plaintiff's claims may therefore be barred by the defense of
laches.
24. Plaintiff's claims may be barred and/or limited by Plaintiff's failure to mitigate or
to properly mitigate its damages.
4
WHEREFORE, Defendant, Gary K. Darhower, respectfully requests this Honorable
Court to enter a judgment in his favor and against Plaintiff in this matter, together with
reasonable costs and attorney fees, and such other and further relief as this Court deems just.
Respectfully Submitted,
IRWIN & McKNIGHT
By: r
Douglas Miller, Esquire
Supreme lurt ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Defendant,
Dated: January 16, 2007 Gary K. Darhower
5
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
ji,
GARY K. DARHOWER
Date: January 15, 2007
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below both by facsimile and by first class
United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
William T. Molczan, Esquire
Weltman, Weinberg & Reis, Co.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(Attorney for Plaintiff)
Date: January 16, 2007 IRWIN & McKNIGHT
7
Douglas G. Mill squire
Supreme Court ID No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendant,
Gary K. Darhower
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC
Plaintiff,
vs.
GARY K. DARHOWER,
Defendant.
Case No.: 06 - 6423 CIVIL TERM
TYPE OF PLEADING:
REPLY TO NEW MATTER
FILED ON BEHALF OF:
Defendant
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R Bibler, Esquire
Pa. I.D.# 93598
Weltman, Weinberg, and Reis Co., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR # 05246639
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC
Plaintiff, Case No.: 06 - 6423 CIVIL TERM
VS. TYPE OF PLEADING:
REPLY TO NEW MATTER
GARY K. DARHOWER,
Defendant.
REPLY TO NEW MATTER
Now comes, Defendant, by and through its counsel, Weltman, Weinberg, and Reis Co.,
L.P.A. and files this Reply to Defendant's New Matter.
12. Plaintiff incorporates its Complaint by reference as if fully set forth at length
herein.
13. Denied. After extensive investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13
of Defendant's New Matter because Defendant provides no information as to the alleged
"representative", therefore, the allegations are denied and strict proof of same is demanded at
trial.
14. Denied. After extensive investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14
of Defendant's New Matter because Defendant provides no information as to the alleged
"agent", therefore, the allegations are denied and strict proof of same is demanded at trial.
15. Denied. After extensive investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15
of Defendant's New Matter because Defendant provides no information as to the alleged
"agent", therefore, the allegations are denied and strict proof of same is demanded at trial.
16. Denied. After extensive investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16
of Defendant's New Matter because Defendant provides no information as to the alleged
"representative", therefore, the allegations are denied and strict proof of same is demanded at
trial.
17. Denied. After extensive investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17
of Defendant's New Matter because Defendant provides no information as to the alleged
"representative", therefore, the allegations are denied and strict proof of same is demanded at
trial.
18. Exhibit "1" speaks for itself.
19. Exhibit "1" speaks for itself.
20. Denied. The requested Attorneys' fees are include preparing and filing Plaintiff's
pleadings, discovery requests, depositions, and arguments of motions and/or arbitration.
Plaintiff's averred fee also takes collection of the debt once judgment has been obtained into
consideration.
21. Denied. After extensive investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16
of Defendant's New Matter because Defendant provides no information as to the alleged
"representative", therefore, the allegations are denied and strict proof of same is demanded at
trial.
22. Denied. Plaintiff has stated a recoverable cause of action.
23. - Paragraph 23 of Defendant's New Matter is a conclusion of law to which no
response is required.
24. Paragraph 24 of Defendant's New Matter is a conclusion of law to which no
response is required.
WHEREFORE, Plaintiff respectfully demands that Judgment be entered in its favor and
against Defendant for the full amount claimed in Plaintiff s Complaint.
Respectfully Submitted:
WELTMAN, WEINBERG & REIS, CO., L.P.A.
By: ?F
Benj min R Bi ler, Esquire
PA I.D.#93598
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR # 05246639
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities, he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as
supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and
the Plaintiffs Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts
set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief.
2 /0 -7
/to
Date Be jamin R Bibler, Esquire
CERTIFICATE OF SERVICE
A true and correct copy of Plaintiff's Reply to New Matter has been served by U.S. Mail, on the
9* day of f r-?Jlu , 2007, upon the following:
Irwin & Mcknight
Douglas Miller
60 West Pomfret Street
Carlisle, PA 17013-3222
By:
Benjamin R Bibler, squire
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GAr y k . ?0&r?ower
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. i% "??23 C.ti<<, lern.
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
r.' R '?_, counsel for the plaintiff/ efmiant in the above
&I
action or actions), fly represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ Z4 3 01
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, .200 , in consideration of the foregoing
petition,
Esq., and
captioned action (or actions) as prayed for.
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
C= C)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
VS.
GARY K DARHOWER
Defendant
No. 06-6423 CIVIL TERM
PRAECIPE FOR ARBITRATION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler, Esquire
PA. l.D.#93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#05246639
.4
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC
Plaintiff
VS. Civil Action No. 06-6423 CIVIL TERM
GARY K DARHOWER
Defendant
PRAECIPE FOR ARBITRATION
Kindly place the above-captioned matter on the next available Arbitration List.
WEI.TMAN, WEINBERG & REIS CO., L.P.A.
By: , Z
Benjamin R. B' er, E quire
PA.I.D.#93 8
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #05246639
• . .. 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of within Praecipe for Arbitration was served
on the following on this Z 1 s' day of , 2007, by first class, U.S. Mail, postage pre-paid:
.01
Douglas G. Miller, Esquire
60 West Pomfret Street,
Carlisle, PA. 17013
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Benjamin . Bi e , Esquire
PA. I.D.#9359
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 1521.9
(412) 434-7955
Z4
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Gmjq( , / L t C,
CVl)
GAr Y g - t)tk r ? ow e4l,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. llb -021 G?,L, ler?
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
-r?tractions), - R , counsel for the plaintiff/ efendant in the above
action respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
//
2. The claim of plaintiff in the action is $ bT, '301,
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW, ar?Y?l, 204 7 , in consideration of the foregoing
petition, Esq., and
Esq., and • Esq., are appointed itrators in the above
captioned action (or actions) as prayed f V
C urt
v
EDGAR B. BAYLEY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC,
Plaintiff
vs.
GARY K DARHOWER
Defendant
No.06-6423 CIVIL TERM
PRAECIPE FOR ENTRY OF JUDGMENT
BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R. Bibler, Esquire
PA. I.D.#93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#05246639
4
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC,
Plaintiff
VS.
GARY K DARHOWER
Defendant
TO THE PROTHONOTARY:
Civil Action No. 06-6423 CIVIL TERM
PRAECIPE FOR JUDGMENT BY CONSENT
Kindly enter Judgment against Defendant, Gary K. Darhower, in the amount of $6,301.24 plus costs, based upon
the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A., GARY K DARHOWER,
By: By.
Attorney f 1ntiff Defendant
WWR#05246639
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC,
Plaintiff
VS.
GARY K DARHOWER
Defendant
Civil Action No. 06-6423 CIVIL TERM
STIPULATION OF THE PARTIES FOR PAYMENT
AND FOR THE ENTRY OF JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment in favor of Plaintiff and against the Defendant, Gary K. Darhower, above-named, in the
amount of $6,301.24 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent,
as follows:
1. Defendant admits indebtedness to Plaintiff in the amount of $6,301.24 with continuing
interest thereon at a rate of 6.000% per annum plus costs from date of judgment.
2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be
entered in favor of the Plaintiff and against the Defendant, Gary K. Darhower, in the amount of $6,301.24 plus
continuing interest thereon at the rate of 6.000% per annum from date of judgment and costs.
Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff
the following payments in full by 12:00 NOON on the following dates:
(a) $200.00 due by February 29, 2008;
(b) $200.00 due on the last day of each consecutive month thereafter until the Judgment amount plus
accrued interest and costs are paid in full;
(c) At any time, Defendant can pay 65% of the (then current balance) in a lump sum as payment in
full for satisfaction of the judgment.
4. All payments are to be made payable to the order of "GMAC, LLC."
5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg &
Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the
offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430.
Please note that subsequent payments are to be mailed to Weltman, Weinberg & Reis, Co., P.O. Box 5430,
Cleveland, OH 44101-0430.
6. In the event of default, each payment received shall be first attributed to costs, interest and then to
principal.
7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff
or Plaintiffs counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be
immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance
of the Judgment entered hereunder plus appropriate additional interest and costs.
8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a
waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation
which the parties agree is final and complete.
9. Intending to be legally bound, the parties set their hands and seals this 13 day of ,
205.
WELTMAN, WEINBERG &
By:
CO., L.P.A.
PA. I. .#93 98
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 05246639
By:
Defe nt, Gary K. Darhower
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1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC,
Plaintiff
vs. Civil Action No. 06-6423 CIVIL TERM
GARY K DARHOWER
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on =-;/0 /02
(xx) Assumpsit Judgment in the amount
of $6,301.24 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration will be
suspended by the Department of Transportation, Bureau of Traffic
Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
( ) Award
(XX) By Consent
Prothonotary
Douglas G. Miller, Esquire
60 W. Pomfret Street,
Carlisle, PA. 17013-3222
By:
PROT ONOTA PUTY)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GMAC, LLC,
Plaintiff
vs. Civil Action No. 06-6423 CIVIL TERM
GARY K DARHOWER
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on la o
(xx) Assumpsit Judgment in the amount
of $6,301.24 plus costs.
( ) Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration will be
suspended by the Department of Transportation, Bureau of Traffic
Safety, Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
( ) Award
(XX) By Consent
Prothonotary
GARY K DARHOWER
610 BURGNERS RD
CARLISLE,PA 17013
By:
PROT NOT DEP TY)
GMAC, LLC, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
GARY K. DARHOWER,
DEFENDANT 06-6423 CIVIL TERM
ORDER OF COURT
AND NOW, this 'Z-t?
day of April, 2008, the appointment of a Board
of Arbitrators in the above-captioned case, IS VACATED. James D. Flower, Jr.,
Esquire, Chairman, shall be paid the sum of $50.00.
James D. Flower, Jr., Esquire
Court Administrator
:sal
? rr t.- I t
By the 7tokl/
Edgar B. ayley J.
t I
C-1
c=?
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Benjamin R. Bibler, Esquire
I.D. No.93598
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 5246639 TIC
Attorney for Plaintiff(s)
cl
GMAC, LLC
vs.
GARY K DARHOWER
..V .M
Cumberland County
cn
Court of Common Pleas -?
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NO. 06-6423 CIVIL TERM .-'
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
Sworn to and subscribed
Before me the 12-,rk day of January, 2011
NOT Y P
COMMONWIAL'1"N OF 111M MANIA
NotwW seal
i Wendy L. Gault, Notary Public i
t:lty of Pittsburgh, Allegheny County
My Commission Expires July 15, 2014
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