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Home My WebLink About04-0274IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, INC. Plaintiff No. vs. COMPLAINT IN REPLEVIN EDWARD L. RABENSTEIN, JR. AND EDWARD L. RABENSTEIN, SR. Defendants 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#03135628 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, iNC. Plaintiff No. ~:)/"1-- VS. EDWARD L. RABENSTEIN, JR. AND EDWARD L. RABENSTEIN, SR. Defendants COMPLAINT IN REPLEVIN 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. OF 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 (717) 249-3166 COUNT I - REPLEVIN 1. Plaintiff, Systems & Services Technologies, Inc. ("SST") is a Delaware corporation, and is authorized servicing agent for Mitsubishi Motors Credit of America, Inc.. 2. Defendants are adult individuals residing at 20 Regency Woods, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about May 11, 2002, Defendants offered to purchase from Autohaus Mitsubishi, a 2002 Mitsubishi Lancer, Vehicle Identification Number JA3AJ26EX2U068400, and Autohaus Mitsubishi, agreed to sell to Defendants the vehicle pursuant to the terms of a Pennsylvania Retail Installment Contract and Security Agreement (the "Contract"). A copy of the Contract is attached as Exhibit "1" and incorporated by reference. 4. Pursuant to said Contract and Security Agreement, Defendants took possession of the vehicle more particularly identified in the Contract. 5. Autohaus Mitsubishi assigned the Contract to Plaintiff in exchange for valuable consideration. 6. Under the terms of the Contract, Defendants were to make fifty-nine (59) consecutive monthly payments of $366.55 beginning June 25, 2002 and one final payment of $4,637.44 due by May 25, 2007. 7. The total amount due to Plaintiff pursuant to the Contract was $28,263.89. 8. SST, as authorized servicing agent for Mitsubishi Motors Credit of America, Inc., is authorized to receive payments and is lawfully entitled to possession of the subject vehicle by virtue of the Defendants' default. 9. Plaintiff maintains a first lien on the aforesaid vehicle by virtue of the Certificate of Title issued by the Commonwealth of Pennsylvania Department of Transportation, a true and correct copy of the Certificate of Title is attached hereto, marked as Exhibit "2" and made a part hereof. 10. Defendants failed to make payment due to Plaintiff in breach of the Contract. 11. Defendants' outstanding balance due and owing to Plaintiff is $17,773.70 with interest at the contact rate of 11.14% per annum from October 2, 2003. 12. Defendants have wrongfully detained the vehicle and continues to fail and refuse to return rightful possession of the vehicle to Plaintiff, despite Plaintiff's demand for possession of the vehicle. 13. The vehicle has an estimated present value of $10,000.00. 14. Plaintiff, according to the Contract, is entitled to recover from Defendants its reasonable attorney's fees incurred in obtaining possession of the vehicle that Defendants have wrongfully detained. 15. Because the vehicle is readily marketable, mobile or easily damages by misuse, Plaintiff is in danger of losing the vehicle unless immediate possession of it is obtained or otherwise secured. WHEREFORE, Plaintiff prays for Judgment against Defendants, jointly and severally, in Count I of this Complaint In Replevin, as follows: A. For possession of the vehicle, more particularly identified as a2002 Mitsubishi Lancer, Vehicle Identification Number JA3AJ26EX2U068400. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG AND REIS, CO. L.P.A. pWiAIlil .a~ ¢~lTM4~zan' E~uire WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03135628 EXHIBrr RTIFICATE OF TITLE FOR A VEHICLE ~ HHCA flqODO0 EXHIBIT HI'ICA PO BOX GO],q , CYPRESS CA II,--,~'---.l-,~,,,.-,-.,~o,,~,,.,,~d~,.h,~-*--,~o.~,..,. BRADLEY L MALLORY ~'-"",'"""'",-',,,-"a,J~~ · t.-~. FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing th~ name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original cred!tor in writing within the 30-day period, no further action will be taken to obtain a Judgment in the pending lawsuit until the verification and/or name of the original creditor has:been provided to you. This iaw firm is attempting to collect this debt for our client and any information obtained ~vill be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, ~ve will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default Judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) daf period from the date of service. Enclosures 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 /f.~l ~¢'~(~(iTiTLE) °f ~.~c'~'~$ ~*''~-~ 'f'o~T'c~l~lc's/r~plaintiff herein' that(COMPANY)c] 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. RE) WWR# 03135628 SHERIFF'S RETURN - NOT FOUND NO: 2004-00274 P ,NTWEALTH OF PENNSYLVANIA rY OF CUMBERLAND ~fSTEMS & SERVICES TECHNOLOGIE VS RABENSTEIN EDWARD L JR ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT RABENSTEIN EDWARD L JR unable to locate Him in his bailiwick. COMPLAINT - REPLEVIN , _,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the the within named DEFENDANT , NOT FOUND RABENSTEIN EDWARD L JR 20 REGENCY WOODS CARLISLE, PA 17013 20 REGENCY WOODS IS VACANT. CURRENT ADDRESS IS PO BOX 597 NEW KINGSTOWN, PA 17072 Sheriff's Costs: Docketing 18.00 Service 3.45 Not Found 5.00 Surcharge 10.00 .00 36.45 ~ R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 02/02/2004 Sworn and subscribed to before me this q~ day of ~ ~0~W A.D. otary ~ as to SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00274 P COMMONTWEALTH OF PENNSYLVAlqlA COUNTY OF CUMBERLAND SYSTEMS & SERVICES TECHNOLOGIE VS RABENSTEIN EDWARD L JR ET AL Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT RABENSTEIN EDWARD L SR unable to locate Her in his bailiwick. COMPLAINT - REPLEVIN ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEPENDANT 20 REGENCY WOODS CARLISLE, PA 17013 20 REGENCY WOODS IS VACANT. CURRENT ADDRESS NOT FOUND RABENSTEIN EDWARD L SR IS PO BOX 597 NEW KINGSTOWN, PA 17072. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 '~ R. Thomas ~line Sheriff of Cumberland County WELTMAN WEINBERG REIS 02/02/2004 Sworn and subscribed to before me this ~ day of J~ 2~DV A.D. tary ' as to iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, INC., Plaintiff EDWARD L. RABENSTEIN, JR and EDWARD LABENSTEIN, SR. Defendants No. 04-274 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03135628 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, INC., Plaintiff VS. EDWARD L. RABENSTEIN, JR and EDWARD L.ABENSTEIN, SR. Defendants Civil Action No. 04-274 CIVIL TERM' PRAEClPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. William T:Molcz~n ~' PA I.D. #47437 / WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03135628 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-00274 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SYSTEMS & SERVICES TECHNOLOGIE VS P, ABENSTEIN EDWARD L JR ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT RABENSTEIN EDWARD L SR unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT -,REPLEVIN the within named DEFENDANT , NOT FOUND , RABENSTEIN EDWARD L SR 295 REAR LOCUST POINT ROAD NEW KINGSTOWN, PA 17072 PER EDWARD JR, EDWARD SR NEVER LIVED AT GIVEN ADDRESS. HE LIVES IN DELAWARE. as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answers: ~ . ..... ~ _~ R. Thomas Kline Sheriff of Cumberland County WELTMAN WEINBERG REIS 03/23/2004 Sworn and subscribed to before me this ~9'~ day of A.D. no SHERIFFIS RETURN - REGULAR CASE NO: 2004-00274 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SYSTEMS & SBRVICES TECHNOLOGIE VS RABENSTEIN EDWARD L JR ET AL ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT - REPLEVIN was served upon RABENSTEIN EDWARD L JR DEFENDANT , at 2100:00 HOURS, on the 22nd day of March at 295 REAR LOCUST POINT ROAD NEW KINGSTOWN, PA 17072 by handing to EDWARD L RABENSTEIN JR a true and attested copy of COMPLAINT - REPLEVIN Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this 29~ day of ~L&~ A.D. So Answers: R. Thomas Kline 03/23/2004 WELTMAN WEINBERG REIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC. AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, INC. Plaintiff VS. EDWARD L. RABENSTEIN, JR. AND EDWARD L. RABENSTEIN, SR. Defendants No. 04-274 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AS TO EDWARD L. RABENSTEIN, JR. FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA. 1.D.#47437 WELTMAN, WEINBERG & REIS CO., 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WW R#03135628 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. tN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC. AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, INC. Plaintiff VS. EDWARD I. RABENSTEIN, Jr. AND EDWARD L. RABENSTEIN, SR. Defendants Civil Action No. 04-274 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: COUNT I REPLEVIN Kindly enter Judgment against the Defendant, Edward Rabenstein, Jr., above named, in the default of an Answer as follows: For possession of the vehicle, more particularly identified as a 2002 Mitsubishi Lancer, Serial Number JA3AJ26EX2U068400. 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., LP.A. PA. I.D.#-47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#03135628 Plaintiff's address is: cio Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 295 Rear Locust Point Road, New Kingstown, PA 17072 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION STSTEMS & SERVICES TECHNOLOGIES, INC. Plaintiff VS. EDWARD L. RABENSTEIN, JR. AND EDWARD L. RABENSTEIN, SR. Defendants TO: EDWARD L. RABENSTEIN, JR. 295 REAR LOCUST POINT ROAD NEW KENSINGTON, PA 17072 Civil Action No. 04 274 CIVIL IMPORTANT NOTICE 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan / PA I.D. ~47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03135628 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., LP,A, William T. Mo~czan, Esquirj~ PA. I.D.#-47437 ; WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 wwr#03135628 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, Plaintiff No. 04-274 CIVIL TERM VS. EDWARD L RABENSTEIN JR AND EDWARD L RABENSTEIN SR Defendants PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BFHALF 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#03135628 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION SYSTEMS & SERVICES TECHNOLOGIES, INC., AUTHORIZED SERVICING AGENT FOR MITSUBISHI MOTORS CREDIT OF AMERICA, Plaintiff VS. Civil Action No. 04-274 CIVIL TERM EDWARD L RABENSTEIN JR AND EDWARD L RABENSTEIN SR Defendants PRAECIPE FOR SATISFACTION OF JUDGME~NT At the request of the undersigned attorneys for the Plaintiff, you ar,~ directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. William T PA. I.D.~47437 WELTMAN, ~NEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #03135628 Sworn to and sub~ before me this __ ibed