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Home My WebLink About03-4106F:/DATA\HO ME~JGEFTMAN\S nap on Credit 952 000/Cavins 952 028/notice to defend wpd JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff SNAP-ON CREDIT, LLC f/k/a SNAP-ON CREDIT CORPORATION P. O. Box 506 Gumee, IL 60031 DENVER CAVINS aJk/a CHARLES DENVER CAVINS a/k/a CHARLES D. CAVINS 307 Shepherd Lane Shippensburg, PA 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. t33- NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 800.990.9108 JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY': BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff SNAP-ON CREDIT, LLC f/k/a SNAP-ON CREDIT CORPORATION P. O. Box 506 Gumee, IL 60031 DENVER CAVINS a/k/a CHARLES DENVER CAV1NS adk/a CHARLES D. CAV1NS 307 Shepherd Lane Shippensburg, PA 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS COMPLAINT IN REPLEVIN 1. Plaintiff is Snap-on Credit, LLC, f/k/a Snap-on Credit Corporation, having a place of business at PO Box 506, Gumee, IL 60031. 2. Defendant, Denver Cavins adk/a Charles Denver Cavins a/k/a Charles D. Cavins, has a last known address of 307 Shepherd Lane, Shippensburg, PA 17257. 3. On or about October 20, 2000, Defendant entered into a Retail Installment Contract with James M. Berry for the purchase of certain Snap-on tools and equipment. A copy of the Retail Installment Contract, including a description of the aforementioned tools and equipment, is attached hereto as Exhibit "A", and the provisions thereof are hereby incorporated by reference. 4. Plaintiff is the current assignee and holder of the Retail Installment Contract, and, pursuant to same, is the current holder of a security interest in all of the subject tools and equipment. 5. On or about January 14, 2002, Defendant filed a Chapter 7 bankruptcy. 6. Within the said bankruptcy, Defendant entered into a Compromise Reaffirmation Agreement ("Reaffirmation Agreement") with Plaintiff, reaffirming the indebtedness due and payable under the Retail Installment Contract. See Exhibit "B" hereto, the provisions of which are hereby incorporated by reference as if fully set forth. 7. Defendant received a discharge in said bankruptcy on or about May 13, 2002; however, pursuant to the Reaffirmation Agreement, his monetary obligations to Plaintiff under and arising out of the Retail Installment Contract were not discharged. 8. Defendant is presently in default under the Retail Installment Contract, the terms of which were reaffirmed through the Reaffirmation Agreement, by reason of his failure to make payments due thereunder. 9. Upon information and belief, the current value of the subject tools and equipment is $3,100.00 in the aggregate. 10. Pursuant to the Retail Installment Contract, the terms of which were reaffirmed through the Reaffirmation Agreement, if Defendant is in default under the former, Plaintiff may repossess the subject tools and equipment. 11. Upon information and belief, the subject tools and equipment is/are may be located at 307 Shepherd Lane, Shippensburg, PA 17257. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in replevin in favor of Plaintiff and against Defendant as follows: (a) All rights of Defendant to own, control, possess, and retain the subject tools and equipment are terminated; (b) For possession of the subject tools and equipment, or, alternatively, for damages of 2 $3,100.00 (representing the value of the subject tools and equipment), in the event that recovery of same cannot be obtained; (c) Reasonable attorney's fees, costs, and expenses for retaking possession; and (d) For such other and further relief as the Court deems just and proper. BRIAN H. SMITH, ESQUIRE Attorney for Plaintiff 3 VERIFICATION I, Diane Strangberg, hereby state that I am a duly authorized agent for Plaintiff in this action and verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DI~NE~S ~BERG. 4 ihs tem~ under ~,,...d the bUyer named below (referred to ae ~y~tJ", ~ou~, ~ .~) agrees to pumhase Ibe io~, eq~mem and a~r memh~d~e listed under ~=~pllan al Pr~a~ below ~Pmpafly") lmm an au~odzed S~on Tools Co~o~g~ Dealer ~Dealed) and Io ~alce the paymen~ she~ undar"DIs=leaum of Te~s.' TIle Prope~y Is pa~ of Ihe Colla~ Ihs{ secures your qbli~tl~s under th~ Agr~enL BUY~ R~R~ENTS AN0 WARRA~S ~AT THE PROPER~ PURCHASED HEREUNDER tS TO BE USED PRIMARILY FOR COMMERCIAL OR BUSlNES~ PURPOSES AND NOT PRI~RILY FOR F~SONA~ F~ILY OR HQUSEHO~ PURPQSE8. ITEMrZA'I1ON OF TOTAL CRSDrT GALE PRICE Baa above far an Itemize/lan ~' the Am~unl Financed. In~ura%'~: I~1[ lee Insurance and madlt dl.ab/llty l~u~m ~ n~ ~ul~ ~ ab~ln amd~ You may ~ln pm~y l~ran~ ~m ~yona yeu went ~t ~ a~p~e t. D~ler or D~ler'. ~1~ ~a~a, If any. ~elu~ In ~1~ does nat ~vl~ coverage far pe~l aablll~ or pm~ damage ~ ~url~: You am ~ng a ~d~ Inmr~t In: (1) ~a go~a or p~ ~g pumhesed: and ~) If ~lflad H law all at~r pm~ ~ng the 8n~an I 8un EI~ tmde~ RIIng b~ m a f~ for ~ ff a paym~l ~ ~e, you wll be c~ed S% of ~ pa~e~ ~e, ~ hal ~m ~ ~.~ (or t~ maximum pe~l~d ~le ~w ~ Im ~an ~e go~lng). Pm~enE ~ ~ pay ~ ~, ~u wlB ~ pay a penalty and ~ ~y be envied ~ ~DW ~d on ~e ~e aide ~r ~y addlEonal ln~aEon a~ non~ymant, ~ ~ ~paym~t In ~11 ~ ~u~ da~ andpm~ym~t ~nda ~d UNITED STATES BA_NKtI.UPTCY COUKT Middle District of Pennsylw~a Harrisburg COPY C~.rlee D Cavins Case No.: Debtor Chapter: 7 COMI~ROMISE REAFHRMATION AGREEMENT HARRISBURG o2-oo2oa~wC-FiLEO PA Clerk, U,S. Bankruptcy Court For good and valuabl= conside~tion, ~md ~peci~.ly in consldere, tion of S~p-on Credit LLC, formerly Sn~p-o~ Credit Corporation, (her~iaafler, "Creditor"), from s~k~g aut~r~.~on from th~ B~m~ptcy Court to r~poeeess m~chauicsl tools and ~luipmeni f~;~g ~ collatera[ eubject to tha lien of its purchase money security interest, or exercising any other Iegal.r/ghts it m~y presently have ags;~t me as provided by ]aw, I hereby relearn and a/r~e to pay my obligation to Creditor in the sum set forth below. I further a~ree that ~i~ rc~rm~tion sh~ll apply to cover my and all causes of act/on, claims, or judgments wh/ch Creditor may have or hold ag~i,~t me by virtue of my o~i/inal obligation to it, m~t I hereby agree ~at Creditor may proceed a~/nst me upon shy such causes cf aclio~, cldms, or judgements, to collect the balm~ce du~ t~ of ~, ~,~t/on a~..b~ =aso~.of mr f~e to ~o~ · ., ..... . . . ,. ........ Tl~s A~mc-ment sh~l not cons~.tute or be deemed to be a r~lease o~, or cancellation of any s~,u.,-ity interest existins prior to th~ exec~on of this A~rce~n~nt in favor of Creditor and asa/nst m~ or the propc'rty ses'vins as collateral for the nor shaB it afr,.ct the liability of any co-maker or suarantor of my obliga~ons to Creditor. ! UNDERSTAND THAT TYrrS AGI~EM~r MAY B~ RESCINDED AT ~ ~ P~OR TO DIS~~ OR ~ 60 DAYS ~R ~S AG~E~ ~ ~D ~ ~ CO~T, ~~R OC~ LA~ BY ~G NO~ OF ~S~ION TO SN~.ON ~D~ ~LC. I ~T~ ~T I ~ NOT ~Q~ TO ~ ~O ~ AG~E~ ~ ~E 11 OF ~ ~D STA~S CODE ~ B~~T~ CODE) ~ER NO~~ ~W, OR ~ER ~ A~~ NOT ~ ACCO~~ ~ ~ PRO~SIONS OF ~ 11 U.'S.C. ~ 524(c), I ~ a~e ~t ~ ~ ~t for ~y r~on my ~ ~ not ~ ~ ~ b~-~p~ c~ ~ ~ c~e ~ ~ss~ ~ ~tor ~ not be bo~ by ~ ~ of ~ ~e~ buy m~ ~ at ~ ~fion ~ ~ c~ i~ ~ pd~ m my fi~g a p~ F,4X ilO, 847 78k 1788 by $ody Hub~r, ~ dul_.y euthogzud ~md a~minS .ttomey or a~t, dtt L'I.~ it~2.0=2002 14FJ) ll:13'f ~ -%~r'~ Or~d.l[ ..,.;~ II0, ~4'/'/B~ ??88 p~ ~. P, SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-04106 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SNAP-ON CREDIT LLC ET AL VS CAVINS DENVER ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DENVER CANVINS AKA CHARLES DENVER CAVINS CHARLES D CAVINS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , , NOT FOUND , as to the within named DEFENDANT , DENVER CANVINS AKA CHARLES DENVER CAVINS CHARLES D CAVINS, 307 SHEPHERD LANE SHIPPENSBURG, PA 17257 DEFENDANT'S CURRENT ADDRESS IS 10358 POSSUM HOLLOW ROAD SHIPPENSBURG, Sheriff's Costs: Docketing Service Not Found Surcharge PA 17257 WHICH IS LOCATED IN FRANKLIN COUNTY. 13.80 5.00 t7 10.00.00 ~'JAFF'; Coun 46.80 FRIEDMAN SCIOLLA NEMEROF 09/09/2003 Sworn and subscribed to before me this 7~ day of ~~ ~rA3 A.D. tary ' JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff SNAP-ON CREDIT, LLC f/k/a SNAP-ON CREDIT CORPORATION DENVER CAVINS aJk/a CHARLES DENVER CAVINS a/k/a CHARLES D. CAV1NS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.03-4106 ~lwl Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint regarding the above-captioned matter. Respectfully submitted, JAFFE, FRIEDMAaN, SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM, P.C. BY:BRiAN H. SI~,~RE Attorney for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-04106 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNAP-ON CREDIT LLC ET AL VS CAVINS DENVER AKA CHARLES DENV R. Thomas Kline duly sworn according and inquiry for the within named DEFENDANT , to wit: DENVER CANVINS AKA CHARLES DENVER CAVINS CHARLES D CAVINS Sheriff or Deputy Sheriff who being to law, says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Him in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT - REPLEVIN to On November 12th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 32.00 .00 69.00 ii/i2/2003 So answer~' ~.~ ..... ~ ~. Thomas Kline Sheriff of Cumberland County JAFFE FRIEDMAN SCHUMAN SCIOLLA Sworn and subscribed to before me this /~ ~ day of 7~v~ ~ A.D. ProthonotaC}z In The Court of Common Pleas of CUmberland County, Pennsylvania Snap-On Credit LLC vs. 05 ~z~ T- Denver Cavins aka Charles Denver Cavins aka Charles D. Cavins SERVE: sa~e No. 03-4106 civil ]qow, Septamber 29, 2003 hereby deputize the Sheriff of Frahklin deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now, OC-4ok,~ ~' ,2003 , at ¢'0~ a o'clock f M. served the upon by handing copy of the original and made known to "' S an ¢:: o swers, 't Sheriff of t~7 COSTS SERVICE MILEAGE AFFIDAVIT the contents thereof. County, PA JAFFE, FRIEDMAN SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM GARY JAFFE* PETER S FRIEDMAN** ANTHONY J SCIOLLA, JR. KERRY SCO'UF SCHUMAN* DAVID A. APPLEBAUM * ROBERT H. NEMEROFF DANIEL D McGAFFERY ALLEN B. DUBROFF JON D. FOX JILL EVANTASH SCHUMAN* JEFFREY R. HOFFMANN'* BRIAN H. SMITH THOMAS A. NELSON, III* DAVID E CONN SUITE 200 7848 OLD YORK ROAD ELKINS PARK, PA 19027 (215) 635-7200 FACSIMILE (215) 635-7212 SENDER'S EMAIL: BSMITH~JAFFEFRIEDMAN .COM NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT NEW JERSEY OFFICE 9 TANNER STREET HADDONFIELD, NJ 08033 (856) 616-88~8 OF COUNSEL RICHARD J MOLISH ARTHUR SILVERMAN EUGENE M. SCHLOSS, JR. M[LTON A. NEMEROFF 952.028 OUR FILE NO. DATE: November 11, 2003 TO: Charles Denver Cavins 10358 Possum Hollow Road Shippensburg, PA 17257 Snap-On Credit LLC, f/k/a Snap-On Credit Corporation v. Denver Cavins, aJk/a Charles Denver Cavins, a/k/a Charles D. Cavins; C.P. Cumberland 03-4106 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Libe~yAvenue Carlisle, PA 17013 (800) 990-9108 JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA, APPLEBAUM & NEMEROFF, P.C. BRIAN H. SMITH,~UI~ cc: Snap-on Credit; attn. Diane Strangberg (# 107420127) JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff SNAP-ON CREDIT, LLC f/k/a SNAP-ON CREDIT CORPORATION V. DENVER CAVINS a/k/a CHARLES DENVER CAVINS aJk/a CHARLES D. CAV1NS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.03~4106 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE BRIAN H. SMITH, ESQUIRE, being duly sworn according to law, deposes and says that he represents the Plaintiff in the above-entitled matter; that he is authorized to make this Affidavit on behalf of the Plaintiff; and that the above-named Defendant is over 18 years of age; the address of Defendant is 10358 Possum Hollow Road, Shippensburg, PA 17257, and the occupation(s) of Defendant are unknown to Plaintiff; and Defendant is not in the Military Service of the United States, nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. ~ // BRIAN H. SMITH, ESQUIRE Attorney for Plaintiff Sworn to and suba~cribed before me this o f~'g~tktc, 200~. ~O) ARIAL SEAL STEPHANIE R. MASON Notary Public Cheltenham Twp., Montgomery County My Commission Expires 1~3arch 12, 2005) JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff SNAP-ON CREDIT, LLC f/k/a SNAP-ON CREDIT CORPORATION DENVER CAVINS a/k/a CHARLES DENVER CAVINS a/k/a CHARLES D. CAVINS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.03-4106 Civil Term I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, on November 11, 2003, after the default occurred and at least ten (10) days prior to the date of filing this Praecipe. A copy of said notice is attached hereto as Exhibit "A." BRIAN H. SMITH, ESQUIRE Attorney for Plaintiff CERTII:rlCATION OF NOTICE JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff SNAP-ON CREDIT, LLC f/k/a SNAP-ON CREDIT CORPORATION DENVER CAVINS a/k/a CHARLES DENVER CAVINS a/k/a CHARLES D. CAVINS CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.03-4106 Civil Term CERTIFICATION OF ADDRESSES l hereby certify that the tree and correct address of the Plaintiff is: PO Box 506 Gumee, IL 6003 l I hereby certify that the tree and correct address of the Defendant is: 10358 Possum Hollow Road Shippensburg, PA 17257 BRIAN H. SMITH, ESQUIRE Attorney for Plaintiff