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Home My WebLink About03-5404IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carol J. Schaff, VS. Melvin Roy Redhead, ) Civil Action - Law and Equity Plaimiff, ) ) ) No. 2003- .5'qo'i ) ) Defendant, ) NOTICE TO PLEAD To Melvin Roy Redhead: You are hereby notified to file a written response to the attached Complaint within twenty (20) days from service hereof or a judgment may be entered against you. BARLEY, SNYDER, SENFT & COHEN, LLC James A. Fry, Esquire Attorney for Plaintiff 1205845-1 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carol J. Schaff, VS. Melvin Roy Redhead, ) Plaintiff, ) ) ) ) ) Defendant, ) Civil Action - Law and Equity No. 2003- 5-Clo¥ O,~id 'T"~,..,- COMPLAINT COUNT I SPECIFIC PERFORMANCE NOW COMES Carol J. Schaff, Plaintiff, by and through her attorneys, James A. Fry, Esquire and Barley, Snyder, Senft & Cohen, LLC, and files the within Complaint and in support thereof avers the following: 1. The Plaintiff, Carol J. Schaff, is an adult individual residing at 14125 Dickeys Road, Mercersburg, Franklin County, Pennsylvania. 2. The Defendant, Melvin Roy Redhead, is an adult individual currently residing at 160 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant were married on June 3, 1993 in Franklin County, Pennsylvania. 4. The Plaintiff and Defendant separated on or about August 23, 2002. 5. On or about June 8, 2000, the Plaintiff and Defendant purchased a 1999 Dodge Sport truck (hereinafter "Vehicle"). A true and correct copy of the Motor Vehicle Installment Sales Contract is attached hereto as Exhibit "A" and incorporated herein by reference. 6. On or about June 8, 2000, the Plaintiff and Defendant entered into a loan agreement with F&M Trust for the purchase of the Vehicle: in the amount of Twenty-three Thousand Three Hundred Fifty-Eight Dollars and Twenty Cents ($23,358.20) (hereinafter "Vehicle Loan") 1205845-1 7. The Plaintiff and Defendant are the registered owners of the Vehicle. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B" and incorporated herein by reference. 8. On or about September 13, 2002, the Plaintiff and Defendant entered into two written agreements with respect to the jointly owned Vehicle and Vehicle Loan whereby: (i) the Defendant retained sole and exclusive possession of the Vehicle and the Defendant agreed to continue to make payments on the Vehicle Loan with the condition that, if any payments were not made or if any delinquency in payments led to any adverse credit implications affecting the Plaintiff, the Vehicle would be sold and Defendant would pay the balance of the Vehicle Loan; (ii) the Plaintiff agreed not to repossess the Vehicle unless the Vehicle Loan is in poor standing and/or a bad credit threat to Plaintiff's name. A true and correct copy of the September 13, 2002 Agreements are attached hereto as Exhibit "C" and incorporated herein by reference. 9. The Vehicle has remained in the sole and exclusive possession of the Defendant. 10. The Defendant has failed and continues to fifil to make regularly scheduled payments on the Vehicle Loan. 11. Since the beginning of calendar year 2003, the Plaintiff has received at least nine (9) letters of delinquency from F&M Trust with respect to failure to make timely payments on the Vehicle Loan. 12. The current amount of the Vehicle Loan balance is Thirteen Thousand Twenty- nine Dollars and Sixty Cents ($13,029.60). 13. On August 23, 2003, the Plaintiff received a formal rejection from M&T Bank on her application for a loan therefrom as a consequence of her delinquent credit obligations with respect to the Vehicle Loan payment due to F&M Trust. A true and correct copy of the loan rejection is attached hereto as Exhibit "D" and incorporated herein by reference. 14. The Defendant is in violation of the parties' Agreement dated September 13, 2002 by failing to make regularly scheduled monthly payments on the Vehicle Loan. 15. Pursuant to the terms of the September 13, 2002 Agreement between the parties, the Plaintiff has requested that the Defendant either (i) return the Vehicle to the Plaintiff or (ii) sell the Vehicle and pay the remaining balance of the Vehicle l_,oan. 16. The Defendant has failed to make regularly scheduled payments on the Vehicle Loan, has refused to return the Vehicle to the Plaintiff and has refused to sell the Vehicle. 1205845-1 17. The Defendant is in breach of the parties' September 13, 2002 Agreement and refuses to satisfy any and all conditions with respect thereto. 18. The Plaintiff has suffered and continues to suffer irreparable harm to her credit and is currently being denied the ability to contract for a loan due to the Defendant's breach of the September 13, 2002 Agreement. 19. The Plaintiff has no adequate remedy at law to force the sale of the vehicle. WHEREFORE, the Plaintiff requests your Honorable Court to enter an Order requiring the Defendant to either (i) immediately return the Vehicle to the Plaintiff, execute any and al documents necessary to sell the Vehicle and pay the remaining balance of the Vehicle Loan or (ii) immediately sell the Vehicle and pay the balance of the Vehicle Loan. COUNT II DAMAGES 20. The Plaintiff hereby incorporates Paragraphs 1 through 19 herein as though the same were fully set forth at length. 21. The Defendant's failure to make timely paytnents on the Vehicle Loan has damaged the Plaintiff's credit. 22. The Defendant's failure to make timely payments on the Vehicle Loan has prohibited the Plaintiff from securing any personal lines of credit. 23. The Defendant's failure to make timely payments on the Vehicle Loan has limited the Plaintiff's ability to make purchases and acquire assets. 24. The Defendant's acts or failure to act have caused a reduction in the value of the Vehicle. 25. The Defendant's failure to timely pay the Vehicle Loan will cause the Vehicle Loan to exceed the value of the Vehicle. 26. Pursuant to the terms of the September 13, 2002 Agreement between the parties, the Defendant is responsible for the remaining balance of the Vehicle Loan. 27. The Plaintiff has incurred damages and loss of value in the Vehicle for which she has not been compensated. 1205845-1 28. The Plaintiff has incurred damages to her credit for which she has not been compensated. WHEREFORE, the Plaintiff requests your Honorable Court to enter an Order awarding the Plaintiff just compensation for any reduced value in the Vehicle, compensation in an amount equal to the amount by which the Vehicle Loan exceeds the sales price of the Vehicle and compensation for all damages incurred to Plaintiff's credit. BARLE~ENFT & COHEN, LLC By: Q t/~ ' ~ James A. Fry, Esquire Attorney for Plaintiff 1205845-1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a tree and correct copy of the Complaint has been sent to Defendant and filed on behalf of Plaintiff this ]~/',4 day of October, 2003, by certified mail, return receipt requested, and first-class mail, postage pre-paid, upon: Melvin Roy Redhead 160 East North Street Carlisle, PA 17013 BARLEY,/~R~NFT & COHEN, By: James A. Fry, Esquire Court I.D. 57212 Attorney for Plaintiff 247 Lincoln Way East Chambersburg, PA 17201 (717) 264-6494 LLC 1205845-1 · E£NNS'~LVANIA ALE CONTRACT, Oared JUP~,~ 8, '2.000 ANNUAL FINANCE Amount Financed , 1oral.of Payments Total Sale Price If YOU DO NOT MEET YOUR CONTRACI w~ll be for the term of the credit. By signing~ you select Single Credit Life Insurance, What is your FARMERS AND MERCHANTS I~UST COMPANY OF CHA~BERSBU~ P.O. Box ROLO, Chambersburg, PA 17201-6010 Itemization of Amount Financed CashPdce $ 23995,00 CashOownpay~J~b.O0 Trade:In Value of Trade-In $ 1600, O0 Lien Fee 33.50 o $ 23358.20 - el. hownabove, ono Demre[r~e~[ .......... ~, ,~ '~'~-~l~e~,~cce~onsl ttzchedtotheVel~lcle~t~nY e ~m,= a,,~ma~t~;~~ s Of this Co~ act NOT CE TO BUYER--DO NOT SIGN IHiS CONTRACT iN BLANK, YOU ARE ..... "~ ~m"~R AN9 CO-OWNE~AS APPUCABLE, ~KNOW[EDGE RECEIPT OF A COMPLIED COPY OF THIS COHTRACI ADDITIONAL TERMS AND CONDITIONS Buyer's Guide Window Sticker. If the Car which is described on the lace of this Contract has a Buyeds Guide Window Sticker required by the Federal Trade Commission Used Car Trade Regulation Rule, the following notice applies: NOTICE--ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER 8Y THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID 8Y THE DEBTOR HEREUNDER. FROM : F&M TRUST T CG ZIP 20052271059410 August 2~, 200~ 256 CAROL J SCHAFF 14125 DICKEYS RD MERCERSBUR6 PA 17236 Dea~ Carol J Schaff: Thank you for your request for an Installment Loan. After careful consideration, we regret to ~nform you that your request cannot be granted at this t~e because of: · Previous Delinquent Credit Obligations · Proportion of Revolving Balances To Revolving Credit Limit Is Too High Please note that in connection wlth your request, we obtained a credit report from the following credit agency(ies): Experian P.O. Box 2002 Allen, Tx 75013-0036 1-888-397-37~2 w~.experian.com Unless indicated above (denoted with an x), some or all of the information on your credit report influenced our decision. You may wish to obtain a copy of thls report by contacting the credit reporting agency(les) at the above listed phone number. The credit reporting agency(ies) did not make the decision to take the adverse action and ls unable to provide the reasons for the adverse action which was taken. Pursuant to the Pa~r Credit Reporting Act, you have a right to obtain a free copy oil your credit report from the credit reporting agency(ies) named above provided that i you contact the agency(ies) named above within 60 days of receiving this letter. You also have the right to dispute the accuracy and completeness of the information contained in the repo~c you recelve from the agency(ies). Please refer to the reverse side of this letter for ~portant information regarding our credit policies and your legal rights. If you have any questions regarding your request for an Installment Loan, pleasel contact M&TWs Consumer Credit Processing Department at 1-877-369-5798. Thank you. Sincerely, Credit Manager ORGDL1 7 Manufacturers and Traders Trust Company · P.O.Box 767, Buffalo, New York 14240