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Home My WebLink About04-0634HOOKE 8: SUTER, a Partnership t/d/b/a SOUTHAMPTON MANOR MOBILE HOME PARK, Plaintiffs VS. NATIONAL CITY BANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .- :NO. tgq'- ~3~/ C1VIL : : 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH 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 35 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 HOOKE & SUTER, a Partnership t/dgo/a SOUTHAMPTON MANOR MOBILE HOME PARK, Plaintiffs VS. NATIONAL CITY BANK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .- :NO. ,pt/. ~,~q CIVIL : : COMPLAINT 1. Hooke & Suter is a Pennsylvania Partnership trading and doing business as Southampton Manor Mobile Home Park, with its principal office located at 322 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant National City Bank is a Pennsylvania Financial Institution with a registered office at 123 S. Broad Street, Philadelphia, Pennsylvania c/o C T Corporation. 3. On August 8, 2000, Caroline P. Metzger entered into a lease agreement with Plaintiff for the rental of Lot 12 in the Southampton Manor Mobile Home Park located in Southampton Township, Cumberland Connty, Pennsylvania. The term was a 30 day automatically renewable lease with an initial rental of $150.00 per month which has been increased to a present mount of $250.00 per month. A copy of the lease is attaebed hereto, incorporated herein by reference and marked Exhibit "A". 5. Caroline P. Metzger placed a 1995 Skyline Bay Spring mobile home on the lot. The serial number on the mobile home is #3311-02198. The lienholder listed on the mobile home title is National City Bank, 6750 Miller Road, Brecksville, OH 44141. A copy of the vehicle abstract record is attached hereto, incorporated herein by reference and marked Exhibit "B". 6. Subsequently, Caroline P. Metzger a/k/a Caroline P. Spencer filed a Petition in Bankruptcy with the Middle District of Pennsylvania. The Chapter 7 Bankruptcy docketed to Cast No. 1:03- bk-00844-JJT was discharged under section 727 of title 11, United States Code by Order dated June 5, 2003, a copy of which is attached hereto, incorporated by reference and marked Exhibit 7. Caroline P. Metzger affda Caroline P. Spencer surrendered the mobile home to the lienholder, National City Bank, by vacating the premises on January 1, 2003. 8. By virtue of the surrender, National City Bank is responsible for the rent payments due to Plaintiffs under the lease entered into by Caroline P. Metzger a/k/a Caroline P. Spencer. 9. Plaintiffs have contacted representatives of Defendant on numerous occasions to request removal of the mobile home from the premises. 10. Defendants have failed to remove the mobile home from the premises. 11. Because of Defendants' failure to remove the mobile home from the premises, rental, maintenance and late charges are now due in the amount of $4,340.00, which mount is continuing in nature and subject to increase. 12. Plaintiffs have been incurred maintenance costs and administrative costs in contacting Defendant in trying to resolve the matter incurring damages in the amount of $3,450.00, which amount is continuing in nature and subject to increase. 13. The rental and maintenance obligation are continuing in nature and damages will increase accordingly. NOW TI4EREi~ORE, Plaintiffs pray the Court award Plaintiffs damages in excess of $7,000.00 plus interest and costs in the above-mentioned matter. Respectfully submitted, VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 218 Pa.C.S.section 4904 pertaining to unswom falsification to authorities, ff~ Hooke &~Suter Dated: 'between .HOOKE~,~'~:'S! R:~:. a".Par~nurship, t/d/b/a, SOUTHAHPTO~ HA~OR MOBI'LE'H, OHE .PARK.~With~ ioes~.~at'55 W~ Churoh'A~e~ue~'.'Carlisle, herein designated' as]';'~'~ ssee,~_ ~, Lessee doe~ 'hereby ~e~t'~rom .the. Lessor~. the following, describe premise~:. Lo~ NO~.~f~$~:~/Situate'in the' southampton Ha~or Hobile Ho~e' Perk, Southe~pton~%~s~iP~'' Cu~er~end Co~ty, 'Pennsylvania, for a of 'one month~ oo~enq'i~on~%~~O~wn~ch term shell be auto=eticall~ rene~.~'~.:~ ~o~~oht~ ~heree/ter unless t. er~lna~ed"b~:"nott~t~lng~.qtve~ bi' any..'.pa~tt ~to.~he .other no less than 30 days-prioF],]~'~h~?'~e~.of ~'prOposed.term~nation~ to be used and co~e~a~t~ ~ · ' ~ ' ' ,~' ~he ~essee c~v~ats 'and a~eeo to pay tSe. Lesso~, as rent io~' ah~ d~lng the. te~m~he~eo~S~.,th~.sum, o~ $' ''l~O~..: each and 'every . and..pay~le' in 'adVance~:ofi:~the" ,. day o~'eab~ ~D~ ~he~ealfer.. Rent is to ~ 'paid'at.~thd':~oZZloe clothe 'Lessor or at' any other ofiice or o~fices as. direoted'.'by'~the':.Lessor in writing, payment of said rental sum shall 'en~itl~ Leasee't0 water, .sewer, and trash collection services without-extra cha=geg~but:~.Lessee shall .additionally'.pa~V ull utility services 'l~=ludi~g p~0~a~?','~. electricity an~ ~eleph0~e'~s billed'to Lessee. A iate'.oha~?~.~01~,.$.'}~ shall be assessed'f~'~any monthly paym' ~t ~T'received.~ 'bY"~'~he,. ~, ~.. 5th ' da.. . y 0f.. the mo,th.' mai~tai,'the'.pre~ls~s"~h' go0d co~di~o,, 'a,d at' th~ e,d of or other ex~tratioh'.bf the',t'e=m~er~of~· shall deliver the re,ted ~remises good order and conditio~':~ wear ofid tear from a reasonable use thereof, and damage bY,the element~'.'no~ resulting from the negieot or fault the Lessee e~cepted~?'T~e~Lessee 'shall keep and'maintain the same ~n clean condit~on, freej.'.from'debris~ trash~ .refuse~ .snow and ice. ~ssee further, g~ees to"ma'i~ta'~';'the premises i, accordance with the Rules ~nd ~sgulati~ns 01~:th~j~..Hq~ll~'Home~Vark~, a copy of whicW is attached hereto and as amende~'?~om'."time',to ti~e. ' . '. ,., . . · ::.~,:],~.~,. '~ . . . · 3;'.' 'ind OC~ cause by.the assign. condemnat any'g~ lease,.at, the., -hereo~ shal'l;el L.ess~e Shall'.ha~e Lessor.for., COVel at' shallbe~ d-shall saVe, hold and keep. harmless and for'anyand.alI'payments~expen'ses, . any"end~'.all~claims and 'Or'inj.uries.'to persons f~om'any eot or omissions uestS, licensegs~i~in¥itees', or for any OUt of 'or~bY.reaeoniofthe occupancy the written"co~i~htlOfthe Lessor, ses~,or'~any, portio~.or~part'thereof. .i:sha11. b~ takeh under emi~eht domain'or /the~Leseor conveys'th6 said premises to to take said pre~ises, then this ~..shall termi~ate,~and the term aS the'Lessor'shall.fix'bY notice. ,ntereSt ini~he 'c°mpe~s'ation received by comply.w~th an~:]c.onditi~ns and . )er£orm:isuc~-:~onditions mhd'covenants, Lesae'~i.'and the~'.~'~fd!'~ostand expense ~llment of rent'.and shall be.payable as ~mployeeS~ :or otH~ii~es~htattVes shall have:,t,h?::right 'to enter ~nto. and .u~on~ the.,: said.~,P'~m~,~s~'.Or any '.par~' thereof,, a= all .reasonable ' hou~s, :~'~o~.:.}he ~p.9~:~;~gx:amtn!n~ ;the ::same or:.ma~tng..s~ch repairs or ' al. terattons:::the~'~%~.~y~:be.necessary:Ior the:.Safety.:and preservation there6f,;"..:,~;:.Th'is.;Cl~s~h~li:~O~"be deemed to be' a. covenan~ by the essor'.nor be an ob atio, the part repairs, ' '. 8, ,..A!l,.:g0ads~;~an~..~!p~r~OnaI.:.~roper~y' o~ any kin~ in or.upon the lease~ premises .Shall]~'be::}~ie.'r~sponsibllity of '.the lessee, and in no evemt shall', Les~s°r!j~-~iiab!g for.any lose or d~age' ~o' enid goods or p=operty.'for ~y r~asg~wh~t~oever. . 9. '. Lessor shall.notlt~e',iiablo..for failure to give possession of the leased property~,to;~th~.,.~gsse~;.upon tho effeotivo..date, of this lease. In such. 6ven~ ren~%~pg~en~s shall no~; co~enoe;.~ntil,, possession is . given tO, .~r..ls.ma~.gj~avali~}e to. the .Lessee~ and ihs :term of thxs · lease .'shalI.~:bo .exte~%aooOr~tngly. . . ,'~. ,. · .. .:. %.,.,. · '~:,, ~?~;~;?,',.~..... . .... . . · · XO..'~'~y. e4ulpmen~'~'f'lktUrgs,'goodS..or, other, property of the Lessee not.removed by .thg~es~9~.uDon'the terminatio~ of this lease, or u~n .any q' ~lttin '.. .......... g,~. ~'~ . ~a'oa~.. ~...,~ .=:~'~"~}~,.,,g~,,,~,,~..~"~:~ ~ando~en~.~ . ... . of~ . the'. p remises b'~e.2 Lessee., or ssie hereo~ to dams' shal rents'a'a'may!,aco~u~ the ri may' be'Oua the fai~rei waste' Lesso~ ,~heLes~ .13'.:. are'cu~ula~ive ,or-remedy.:.at 14,' estate: lsidered as.abandoned and the,. '~oti~e.':tO:~theLassee, to sell ~exp~e;Of;.ithe:Lessee a~d shall '"Pa~?Of~:th~':~'~r60'ee~s of such default onthe.'part:o[.the Lessee~ or J'a:'ba~kru~t~.O~.:%if.durlng .~he term ed o~ Yaoated~"Lessqr~ In addl~£on alabd.*"ms~.e~theib~.fO~ae o~ '~o~.~rosecuClon':~e~e~or:or ~o~ 3 a~d.~e-Zet thelsame'~' ~he Lessee ,uOh,~ents'a~ aaF bela'arrears and also ~he s~h re-entr~'r.an~:Lessor.shall have any. damage or injury which ssee:or afiy. ot~er'person,.as a'consequence or ~,.o~.ObOtruotion 'cZ:the water~.sewer, 1.eOtrical~.gas or~Otl system~ or by reason ,the ca=eless~s's, segligence or the Lessor or the ee's.agents~[gUes licensees,' 'Or;saccesso~s~ to any con~rol of the LessOr. "remedies o£ the. LeSsor e~pressed herein Of' t~e Lessor to"enforos ~ny such righ= constitute a;weiver thereof. .munf~ipal end ~¢hool ~istr£ct real agginst his hom~:and personal ~..~hen'requested~:'proof. of pa~aen~ oi taxes, when duel shalL'constitute defaul~ 'lease, Lessee'shall'remove his home on ':'first obtaining the necessary removal shall displa~ same to Lessor fora. to all rules and.regulations made' by overn~ent 'and' management:of'this mobile p~e~i~es of.the ~e~eor and o~th~:occU~ant~i which rules o~'[mr~ai~'r':a~opted, are an~'~a~e'a ~a~,:hereo~, the same 3 notice of'.allcha'n execut 17. This lea~a;~ the entirea, oral mod. upon the ehalllfurniSh~.LeS~ee'wit~ prompt andregulations, Lessee ~o~euoh reguletiO~econcurrent with ~.:aforesaid rules and r~gulations, constitute parties and same is nOt subject to any agreement shallbe Zega~ly binding ree~ective hel~s, successors and assigns.' '. ..... 18.. The said Lessee.~hereby confesses judgment'ln.favor of the said Leseo='f.or ~ho hole.ila~0U~ aZ the rent at'any time remaining unpaid, and any other charges.'~nourred hereunder~ whether the same shall have been due or not, ~aiV~'ng!stay.0f. exeoUtion, inquisition ~nd all exemption .laws'~ow.':~:~:'fo~ce"o~:'which ~sy hereaft'er be passed, and authorizes the addingi':o~:ia ten.~ercen~ (10%),attorney's commission for colleotion;..and furthe=i'.i~$es hereby, upon t~e breach of any of the 6ondit~ons ~f'this!;!ie~;%:a~ho~ize any attorney 'of....any court of record to apDea=.~or.'~h.ia"~=~a,~am:icable~aotio,.o£.'.eJeotment and confess a JudgmentiO~..e~e~..~{/~a~n.'for.the ~reaiSes' here!ndesoribed and does autho=lze ths~'~d~'&te.'.iSsuing.of a: w=lt..of.~poS~ession and execu%ion-fo='.costs~i~i~h0~?'asking'leave of the cOur~' ~ photocopy of this lease may be'.USe~:for.confessio~ of Judgment for unpaid rent, or for confess%0n of'.~.JUd'~aent.in-eJeotment. Such remedies shall be oumu'latlve,:ahd'no~.tp.~ter~ative, end amy be =e-exercised es necessa.~y. · . -,~jj,," :~ .- · . . IN'WITNESS WHER~OF~.the.parties, or their authorized representatives,' have hereunto"ee~:thsir'.hands end seals the Sate and year first written. ' :'".- WITNESS:. HOOKE & SUTER, a Partnership, t/d/b/a Southamptoh Manor Mobile Home Pork Lessee'. seal) OWNER : PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RE~ORD ABSTRACT .. .. 9/18/05 PAGE i 05261027500057q 002 CAROLINE P METZGER 125 HERSHEY RD LOT 12 SHIPPENSBURG PA 17257 LESSEE : NONE TITLE NUMBER : 50125q31 TAG NUMBER : VIN : 33110919H MAKE : SKYLINE MODEL RENEWAL WID : PREVIOUS TAG LIENS : YES STOPS : NO TITLE BRAND INFORMATION NO TITLE BRANDS EXIST FOR THIS TITLE TITLE DATE REGISTRATION EXPIRY DATE BODY TYPE ODOMETER READING ~EXEMPT BY FED LAW DUPLICATE TITLE COUNT VEHICLE YEAR STOLEN DATE : 10115/96 MH 0 1995 LIEN INFORMATION LIEN HOLDER NO. 1 NAME : NATIONAL CITY BANK ADDRESS: 6750 MILLER RD BRECKSVILLE OH 4q141 NO 2ND OR 3RD LIENS EXIST FOR THIS TITLE EXPIRATION DATE: 01/11/31 ABA NO : ELT IND: ADDRESS CORRESPONDENCE TO: DEPARTMENT OF TRANSPORTATION VEHICLE RECORD SERVICES PO BOX 68691 HARRISBURG, PA 17t06-8691 INFORHATION: (7:00 AM TO 9:00 PH) IN STATE 1-800-932-q600 OUT-OF-STATE 717-391-6190 TDD IN STATE 1-800-228-0676 TDD OUT-OF-STATE 717-391-6191 WWW.DOT.STATE.PA.US Form Bio (Officia.1 Form 18)(9/97) Caroline P Spencer aka Caroline P Metzger 33 VINE STREET NEWVILLE, PA 17241 Social Security No.: 202-58-9634 Employer's Tax I.D. No.: United States BanRruptcy Court Middle District of Pennsylvania Case No. l:03-bk-00844-JJT Chapter 7 DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). Dated: 6/5/03 BY THE COURT United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. 020333 ::!5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HOOKE & SUTER, a Partnership t/d/b/a SOUTHAMPTON MANOR MOBILE HOME PARK Plaintiff VS. NATIONAL CITY BANK Defendant No. 04-634 CIVIL ANSWER TO COMPLAINT FILED ON BEHALF OF Defendant 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#03520974 ANSWER AND NOW comes Defendant, National City Bank, by and through attorneys, Weltman, Weinberg & Reis Co., L.P.A., and files the following Answer to Complaint: l. After reasonable investigation, Plaintiff is unable to confirm the averments contained in Paragraph 1 of Plaintiff's Complaint and same are therefore denied. 2. Admitted. 3. After reasonable investigation, Plaintiff is unable to confirm the averments contained in Paragraph 3 of Plaintiff's Complaint and same are therefore denied. 5. After reasonable investigation, Plaintiff is unable to confirm the averments contained in Paragraph 5 of Plaintiff's Complaint and same are therefore denied. 6. Admitted. 7. Denied. To the contrary, Caroline Metzger may have vacated or abandoned the mobile home in questions; however, National City Bank never agreed to take possession of the mobile home or in any way be responsible for it. required. Paragraph 8 of Plaintiff's Complaint is a conclusion of law to which no response is 9. Admitted. By way of additional pleading, National City Bank has always told Plaintiffs that it was not the owner of the mobile home and had no interest in taking possession of the mobile home. 10. Admitted. By way of additional pleading, Defendant has no liability or duty to remove the mobile home from its current location. 11. required. Paragraph 11 of PlaintifFs Complaint is a conclusion of law to which no response is 12. required. Paragraph 12 of PlaintifFs Complaint is a conclusion of law to which no response is 13. required. Paragraph 13 of Plaintiff's Complaint is a conclusion of law to which no response is WHEREFORE, Defendant demands Judgment against the Plaintiff, plus costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, Esquja/e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:03520974 VERIFICATION The undersigned does hereby verify subject to the penalties of '18 Pa. C.S. 14904 relating to unswom falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to her by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of her knowledge, information and belief. CERTIFICATE OF SERVlCF I, William T. Molczan, hereby certify that a true and correct copy of this Answer to Complaint was served on Defendants by regular U. S. Mail, postage prepaid, this '~ day of March, 2004, addressed as follows: William A. Duncan, Esquire Duncan, Hartman & Douglas, P.C. One Irvine Row Carlisle, PA 17013 IN THE coURT OF coMMON PLEAS cuMBERLAND CouNTY, PENNSYLVANIA CIVIL DIVISION HOOKE & suTTER, A pARTNERSHIP T/D/B/A sOUTHAMPTON MANOR MOBILE HOME PARK Plaintiff VS, NATIONAL CiTY BANT~ Defendant Civil Action No. 04-634 ~sCONTINUE AND END wITH pREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End with Prejudice the above captioned matter upon the records of the Court and mark the cost paid. Duncan, Hartman & Douglas, P.C. By: William A. Duncan One Irvine Row Carlisle, PA 17013 Wx3FR#03520974 Sworn to and subscribed Before me the .50 ~ Day of Septem~,er, 2004 p.,itll~le' ~uml)enanu'-. , '~