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HomeMy WebLinkAbout01-1247IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYPOINT BANK FKA HARRIS SAVINGS BANK Plaintiff VS. DELIA MAY KEY Defendant COMPLAINT IN REPLEVIN FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James McNally, Esquire PA I.D. #78341 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02137920 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYPOINT BANK FKA HARRIS SAVINGS BANK Plaintiff VS. DELIA MAY KEY Defendant Civil Action No. O/- 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 is a corporation having offices at P.O. Box 1711, Harrisburg, PA 17105. 2. Defendant is an adult individual residing at 370 Maple Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is the holder of a Retail Installment Contract (hereinafter the "Contract") and Security Agreement secured by a mobile home duly executed and delivered by Defendant in favor of Leibys Mobile Home Sales on or about November 1, 1995. A true and correct copy of the Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract and Security Agreement, Defendant took possession of the mobile home more particularly identified in the Contract as a 1996 Skyline Mobile Home, Serial Number 2G1107151AB. 5. Leibys Mobile Home Sales subsequently assigned its right, title and interest in said Installment Sale Contract and Security Agreement to Plaintiff. 6. Under the terms of the Contract, Defendant was to make 240 (two hundred forty) consecutive monthly payments of $419.32 beginning December 1, 1995. 7. The total amount due to Plaintiff pursuant to the Contract was $44,985.00. 8. Plaintiff maintains a first lien on the aforesaid mobile home 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. 9. Defendant is in default of the terms and conditions of the Contract because Defendant has failed to make the required monthly payments since August 8, 2000. 10. Plaintiff is entitled to immediate possession of said mobile home which Plaintiff holds a security interest in and any proceeds of the mobile home, including insurance proceeds by virtue of Defendant's default. 11. Defendant has made partial payment under the Contract leaving an unpaid balance in the amount of $41,987.80 as of January 6, 2001. 12. Plaintiff avers that the Contract provides for finance charges at the rate of $10.50 per diem 13. $115.50. Plaintiff avers that finance charges from January 6, 2001 to January 17, 2001 amount to 14. Plaintiff has performed all conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remains in possession of the mobile home at the above-stated address. 15. By virtue of Defendants' default, Plaintiff has an immediate right to possession of the mobile home covered by the Security Agreement the value of which is $33,704.00, plus continuing finance charges at the aforesaid rate of $10.50 per diem. 16. Under the terms of the Contract, Defendant have undertaken to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, individually, in Count I of this Complaint In Replevin, as follows: A. For possession of the mobile home, more particularly identified as a 1996 Skyline Mobile Home, Serial Number 2G1107151AB or, in the alternative for damages of $33~704.00 the value of the mobile home plus continuing finance charges at the aforesaid rate of $10.50 per diem, in the event that recovery of the mobile home cannot be obtained; B. Reasonable attorneys' fees and expenses for retaking possession, and; C. For such other relief that the Court deems just and proper. COUNT II ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 17. Plaintiff incorporates herein by reference thereto each of the preceding paragraphs of this Complaint in their entirety as if the same were more fully set forth herein. 18. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendants' default for the accelerated balance due under the Contract in the amount of $42,103.30, plus appropriate additional finance charges at the rate of $10.50 per diem on the balance due from January 17, 2001 and costs. 19. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 20. Plaintiff avers that such attorneys' fees amount to $200.00 to date. 21. Contemporaneously hereunder, Defendant has been advised of his/her right to dispute the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto, marked Exhibit "3" and made a part hereof. WHEREFORE, Plaintiff prays for the entry of Judgment on Count II against Defendant, individually, in the amount of $42,303.30 plus continuing finance charges at the aforesaid rate of $10.50 per diem from January 17, 2001, reasonable attorneys fees and expenses for retaking possession and costs. WELTMAN, WEINBERG AND REIS, CO. L.P.A. WE~'T~AN, WEINBE~ & REIS CO., L.P.A. 2718 Koppers Buil~l~Ig 436 Seventh Av~d'ue Pittsburgh, P~/15219 (412) 434-7/9'55 WWR#:02137920 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. F~ NO, ?, 04 ~179 MAPLR I,.A~tl~ "we" 0nd "u." mae. th. S.,er ebcv:. "You" and "yo.r" mean eec,, _jt~, successors a~d ossign~, and guaramor, jointly ~nd individually. SECURITY: You give us e eecurlty interest hi tile Vehicle deecrlbed ebovo, The VeMcle shall be complete with oil accessions, attachments, aceoeeodo~, equipment and proceeds of th~ Ve ~ic e, The de[ive~ and acceptanc~ of tile Vehicle ~s acknowledged by you. O~r ~ccudty inlcrest will not extend to c~nau~or goo~ s t 18t ~re ~o~ instal{ed in or affixed t~ t ~e Va ~[cTe more [h~n 10 days attc~ wa cldr:r }tll~ lh}~ Con,tact wl[h you. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay ue the principal amount ot ~..4.4~9.,a~.. o._~ , plus finance c~hargea accruid~ aL tho rate of 9. ~0 ~ p~r year until m~turiw, You agree ta pay this Co~tract ~cc~¢dit19 (o the payment schodule end I~lo charge provsions 'aho~'~l~o TRUTH IN LENDING DISCLOSURES, ~nd pay ~ny addltlon=l amounts according ~n tim r~rms ~nd conditions of thi~ C~ntra~t, A(ter rnaturlty, or after we have demanded payment ~f DOWN PAYMENT: You also a~ree to pay o~ or bo[o¢e today's date tho down payment of any ca~h, rebate end net trado.h~ value d~scrihmt o~ P~Oe 2, ~ MINIMUM FINANCE CHARGE: We m~y retain a minimum finance charge of $ i¢ you pay o~f this Contract TRUTH IN LENDING DISCLOSURES ANNUAL ' ' FINANCE CHARGE AMOUNT TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE The dollar ~mount tt~e FINANCED Th~ amount you will have The tot~ co~ ~ your as s y~dy rate. provided to you ar all ~chedul~d p~yments, inck~din~ your down on your behalf, payment of $ ,~O0. O0 Payment Schedule: Yet r p~Yme ~ schedu e w be ~ Lale Charge: You will 2e charged 2% per month on U~e amount of the paVJ~el]t {~ arrears by more than 10 days. Prepayment: If you pay off thls Contrac{ early, you ["~ may ~ wil~ not have to pay a pens)tV, Filing Fogs Contract Provisions: You can ~e y~ur Co~tracT docu~e~ta for ~lly addi[io~a} ~nformatio~ abo~t nonpnyi~¢r~t, defauR, ~ r~u~rcd r~paymcnt before the scheduled date, ahd propavmef~[ ~[ttnds and penaR~ee, If y[~l do f~ot nt~et your Contract ablig~limis, you m=y lose your Imuse, file properW that you bought with this loon, ot I~ot~sehold goods CREDIT INSURANCE: C~di{ Ilia insurance a~d cred~ d{seMIity PROPERTY iNSURANCE: You are reqnJred by us to insure the insurance ara not requlrod to obtalll credit, Credit life insurance Yah[cie memidng 1his Contract. You shell havo tho eptian of and credit disability insurance will no[ be provided unless you sign fumlshh19 Lhe re.Ired insurance eithor through ~nd agree to pay the addklonal cost. Insura~o owned er cofRrol[ed IJy you or procuring amid fumiahb3g coverinG risks of: 11 lo~ or (lability related to the Vehicle, 2} the Ol~t~on{iJ and not included unless checked and lndlc~ited below. __ For First Buyer CREDIT LIFE: For Second Buyer ............. For Both Buyers CREDIT For First Buye¢ DISABILSTY: .............. For Second Buyer Premium: a For First ............. F~r Second Buyer Premium: ~ Second Buyer ORIGINAL LIABILITY INSUR~N~'E': Liability insurance covor~gs for bo&lY'} [injury end property damage cansed to others is not Included this Oo~tra~ unless ohec~ed and indicated below, ~f you get the insurance from or Through us, ym~ w~lt pay $ 430, O0 for ~2..~o~h~ ....... cf covemg~ The Vehicle [n~urance premium is coicul~tcd ns ~ Fire-Theft ~nd Combined Add't, Coverage ~ ~ Deduct]bio C0mprelien~}ve Coy, ~] A charge for an Extended Service Contract is addcwl tO Contract, The Ex[endad Se~co Coat/act sold or provided by MODERN CREDIT PROTECTION POLICY: Premium ~ for ~ cowmgc, J~N-08-2001 ~ON 05:01 P, 03 I. ANE / I~XS SAV~XNG BANt( ~ 031rig7 ~ HARRIS SAVEING' ~ ~C~~; PINE STREET "" HARRISBURG PA JRN-08-2001 MON 03:03 PM ' ITEMIZATION OF AMOUNT FINANCEg V~l';]cle (including ecccssodee, d~l[vary, services. end srdes lax O( ~,_ 0.~0 ... } Cash Price Cash Dawn F'aynJent $ ~oao. 0o Mnnufeciurer'~ Rebate t o.;o 'lrade,in $ o. o0 Le~s; Amount Owing ~ ..... ~, 09 $ 0,0o NO, ?, 05 DownPeyment J~ aaoo,O0 B, We. in good faith, believe that th~ prospect of payment or the pro~pect of your )crlorrnence of any o"d~er al your obligations under thio Contract is impaircfl. If you dcf~u~[, you agree to pay cou~ costs we incur {o ~o~J~ct [his Contract aa wall es a~torneys' lees if we refer this Contract for collection to an attorney. exercise our romedies against any or ail of yoq. REMEDIE~: If you er~ in d~fuul[ on this Contract, wo have all gl the remedies provided bv I~w and this Con[roc~. A. We may requ{re you to immediately ~oy us the rema{nino unpaid ~alance of the amount fin¢gced, {}nance charges, less ~ny refund required by iow, and ~1{ ofh~r a~r¢od charges. rcpaJrs to the Vehicle if you have not done so. Wa are {1o[ fequ[red to do mo, Any amount we pay will bo ~ddod to the emou~t you owe us. will be immediately due, and will earn [ntc¢~t from the date paid a[ thc highest lawful contract rate permitted by law until peld in full, C, We may immediately take possession of [l~o Vehicl~ by legal Un )~hl Balance of Cash Price (Caah Pr ce ess Down Payment J $ 4.4.500 Paid to Public OIfioials~ Sales Tax / Tire Tax 6_ ,_o,.. au . Paid to ProperLy lesuranee Company / MCPP ~.~]a,0O Paid to Credit Life insurance Con,pony ~ __ o,oo Paid to Cr ,dit Dlsabd~[y Insurance Comps W S ..... o. oo PJIinQ F~a / UCC (~ncludmg AmoLfl~ts Pa~d [o O~hcr~ on YoLmr Behalf) I ~ 4 s~. OO fLcs~] Prepaid Finance Clmrges ~ ........ ~,oo Amount Financed [ (Unpaid ~lanc~ at Cash PHee piers Other CharOo~) $ ~498~. 00 YoU agl'[~e lo [he terms on pag~s 1, 2, and 3 of this Contract. ADDITIONAL TER'~OF THE CONTRACT .... AND SECURITY AGREEMENT GENERAL TERMS: As used in this document, C~n[ract includes the terms o[ th, Con,Fact and Security A~reement, You havo hea~) given an opportunity to pl~rchase the Vehicle a~d/or services to~a~ sole ptico ~ the total price of thc Vehicle ~nd/or services if . yo~ buy i~ over time. Tho to~aJ solo priqe shown in fl~e TRUTH LiNkING DISCLOSURES 1~ based on the assumption that all payments will be made e~ scheduled. You agree ~o buy this accordhlg re tho terrn~ ef thfs Contract, You agree lhJs Contract will be govol'~ed by the law of tho St~tc of Porln~ylwlnia. You agree that we have not made nny takes e~tect when ~J~ncd hy you, I~ any part of tlli3 Contract WARRANTY: Voldcle warr~nw h'fformadon Js suppfled to Vou scpnretelV. PREPAYMENT: You ma? prepay this Contract in par[ or J~ full at peymonls ~,~tiJ you p~y Jn full. OWNERslIIP AND DUTIES TOWARD PROPERTY: BV giving us n secudw intur~s~ In tho Vehl~te, you represent and agree to the following. A. You wfll defend thla property against any claim made anyon~ else. You will do whatever is necosaa~ (0 keep our claim z~ dl~ Vehicle ahead o~ the claim of ~nyone else. B. 3he security inlcrust you are giving us in thJ~ Vehicle comes credito¢~. You have signed ar immediately will sign any add,deeM doou~lenL~ or provide us with any additln~el I~fOl'llla~JO~ we rney require To keOp Our claim to ~ho Vehicle ahead of the claim of anyone else, You will no( do anything ~o chan0e our Into(est hi the Vehicle. C. you will keOp the Vehicle Jn your pnssessio~ in ~ood condition end repair. You will use tho VehJqie only for the t~whd purposes for which Jt was intended. Unless otherwise a0feed i~ writing, thc V~hicla will be located at your ~ddress I~sted on p~go 1, D, You will not a[Icmpt to sell the Vehicb funlass it Js I~ventory gild iddnLHied as such) or otherwise lran~er any rights in this property to anyone else, without our prior E. You will pay all taX,~S and assessments on ~ho Vehicle they bccDmo due. F, You will holily u~ el any le~s or damage to the Vehicle, You will ~rovide us reasonable access to the Vehicle for the purpose of inapecdnn, Our entry and inspection mast be acc¢miWJSlled i¢~ lawful manner and WJthOl,lt bre~chin~ the G, You will ui~dofse the cD~iflcato of [iLia to this Vehicle, DEFAULT: You will he in default on this Contract ii any one or moro ~ the fullowing occurs (except ~s prDhJbited by law). A, You fail ~o perform any obfigad~ Wh[C~l yOU have iff~der[ekon in this Contract process or self-help but in doirlg sO we may not breach the pease or unlawfully enter onto your pram see, We may tilth sell the Vehicle and apply what wa receive as provided by secured obligations. 0.0o D. We may be entitled to a defioiency judgment against you tho sroceeds of the sale do no~ >ay ell OJ the expenses and wl~a~ you owe us (excep~ when prohibited by lawL $ ~a,o0 0.o0waive our right ~o later uso another remedy. By d~cldir~g not to ~ 10, ~ 3s 00use any remedy, we do not give up our right to oonslder the event $ You agree that if any notice i~ required to be given 1~ yo~ tl~e intended sale or disposition of the Vehicle, this ne[ice will be con,]dared reasonable }f sent ~ ~ail to your ?st known address, aa reflected in our records, st least tO d~ys before the date of ~nlended disposition (or such other period of time as I~ roqulred by REINSTATEMENT: If rl~o V~hicle has been repossessed ~r taken through legal action, we may re~nstate tl~e C~ntr~ct and re(urn the Vehicle to you, The Contract will bo reir~stated if you pay all past dtJe h'~Slaliments, accrued default, plus any other amount I~wfully due under the Contract. h~ addition, you agree [o pay for the costs of suit if we retake the Vehicle thro¢lOh legal action. If dc~md[ existed for more than 15 days e[ the time of repossession, expenses for retaking rspsMng, and storing thc Vehicle autl~orizod by taw must also be pa d by you. NOTICE OF PROPOSED INSURANCE: You take notfce that group credit li[e insurance coverage and/or group credit accident end health ;nm~rance coverage wJJ~ 13~ sppficable to this Con/rac~ so marked On page 1, Group credit life insurance coverage group credit accldagt end health insurance cnverage will be wri{(0n by the insurance company named. This ~nsuralacc, subject to acceptance by tl~e insurer, covers ~ly the person sig~ing request far ~ucl~ tnsusance (or each per, on signhag the ~equest for Joint credit fife i~Isurance). The amoun~ et charge is indicated for each type of credit Insurance tn bo purchased, The term of insurance wfl~ commence as of the da(e the indebtedness incurred and w~ll cxpire on the originafly sch~d~fled maturJW da~e of the Indebtedness. Subject to ecceptnnca by the insurer within 30 days, theFe will be delivered ~o us n cardScate of insurance more fully describing the insurance. In the cven~ will be made when due. INSURANCE: You agree to buy hasurance on Lhe Vehicle the risks end for tiaa a~loun/s we require. You will name us toss payee ot~ any such policy. We may require added security on this Con:root if you agree that insurance proceeds t~tay be used re~air or replace the Vehicle. You ogreo that ~f the Insurance proceeds do not cover the amounts you still owe us you wll~ pay to do business in P~n~sylvanla, You will keep lh~ insurance until this Contract Is paid in full. I[ you fall to obtai~ or n~ah~tain th~s insurance, we ~ay insurance to protect our tn~eres[ ~ the Vehicle, ff y~u fad [o game in the Vehicle. We wtll notify you Jf w~ do ~. The coal of S:lCh insurance will be added to the amount you owe us. The co~1 will ba h~medlatcly du=, Tho cos[ w~ll accrue inter,st ~ tho lawful contract rate, Until paid in fuJh WAIVER; You ~ive up your rights {1o the extent permiitod by (1} demand payment of amounls due; {2) give flotlce thai anlo(intu duc have not be~n )aid; (3) give notice tiler we are OBLIGATIONS INDEPENDENT: Each person wino s~ns this means tho following, A. You must pay tl~is Contract even If someone o~se h~)s signed it. be obligated to pay thc Contract, C. We may release any securJLy and you will stiff be D. It we ~fve up any of our rights, i~ will ~ot affect your duty pay th~s Contract. affect your duty to payable Contract. ORIGINAL JAN-08-2001MON 03:04 FTC NOTICES ANY ~OLDER 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 BY THE DEBTOR SHALL NOT EXCEED AMOUNT8 PAID BY THE DEBTOR HEREUNDER. IF YOU ARE BUYING A USED VEHICLE, THE INFORMATION YOU 8EE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. FAX N0, ?. 06 THIRD PARTY AGREEMENT By signing below you egroe to give ua a security interest tile Vehicle described on page 1, You also agree to be betJlld by the terms of thle Contract, includin9 the WAIVER ~ec[ion on page 2, EXCEPT that you wfiJ not be ~iable for the paymenLs require~. You agree that we may renew~ ex,end, or change [his Contract. You also agree that we ~ay release any party You a~koowiedga receipt of a completed copy of fids Contract and Security Agreement, Date NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. Euyer: Buy,r: $[Onatura: Data Signature= $1gnatura: Date Signature: Date BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CONTRACT BLlyer: /,~ rqlyer: Si~)neturo: Signature: ASSIGNMENT: Th[~ Contract end Security Agreement is eeeig ed Lo.I-LA.~,RI.,~.~AV NOS $~NK (nome and artdress), Ihe Asslonee~ under ti~o tariffs cfi lhe ASSIGNMENT BY SEt. LEa below. ASSIGNMENT BY SELLER Seller sells end easl0ns this Retail Iflstailment Contract and Security Agreement on ~//- /.__-~,~,,1.~?.~., to ~nd ass[~n;~ all it~ rloht~, trio a~d i~Teres[ in this Co~ract and Security Agroen~ent, a~d any guarar~tee executed in connection w~th lhl~ Contract ~nd S~cuH[y Agreement. THIS ASSlGNMENT IS MADE: ~ UNDEffTHETE~MS OFASEPRRATEAGRE~NT, ~ PURSUANT TO THE FOLLOWING TERMS. Serler 01yes Assionec full power, either in its own name or in Seller's n~mo, to take all leual or other actions which Soller t~ken under this Contract, So[let warrants: A, qhia Controct raproaer~tS o said by Seller to Curer on a time price basis and not on a cash basis; D. The statemen[s contained in this Contract are Irue and correct; C. The [JOWl1 rmvment was made by the Buyer in the manner stated on page 1 and no pa~ of tl~e down payment was ~aa~ed O. This s~lo was completed in accordance w~ h ali epplicabJc federal end state laws and reoulatlons; E. Tbs Cataract Is valid and en~o~ceabJ~ h~ accordance w[~h its t~rms; F, ThO rtu~nqs and sl~nntures on lh~s CoraTrac[ are not forged, fictitious or aSSL~naed, and are true and correct; G. This Controc~ ia ~lot sHhJect to any c/alma or 8ofen~e~ nn the pert of the Buyer; H. A completely fillod, Jn oo~y oI Ihi~ Contr~ct was ~eliwred tn the ~y~r ~t the time of execution: and l, Tho Vehlcln has bn~n delivered to the Buyer in good condiLion and ha~ been accepted by 1[ any of 1hose warranties ia broacl~ed or {Ir~true. ~eller w[ll~ upon Asslgnoe's der~m)d, purchase this Contract from AsMgnee. The purchase ~hall bn 1~1 nosh in lite amount of the tmpald b~m~ce ~J~cluding interest) plus the coat and expe[~ses of A~sionee, includiJ~g S~llcr will i ldemn fy AssiCF~ee for any loss sustatnod by it because of judicial set-off ar as Tile result of a recovery made aqainst A~s~dnoe as a resuh of a c~aim or defense ~uyer has agah~st seJ~er. Sul~ waives notice of the acceptance of this aS~Johmeht, notice of nos-payment or non-performance and Rotlce o~ any other remedies available ~o Assignee. A~;sJunee may, w~thou~ not/ca to Seller, afld without affecting the liability o~ Seller under this a~sfgnment, co~11pO(l~d or release any riDhcs aoalnst, and grant extensions of time for paymo)~t to ho made, to Buyer and any oth0r person obli0ated undor this UNLESS INDICATED BY CHECKING TtiE BOX BELOW, THIS ASSIGNMENT IS WITHOUT RECOURSE, ~ WITH RECOURSE: Seller agrges that i~ the Duyer defaults on a~ay obligation of payment or per/olmar)ce Htl(fer this Con~ract ineludiap finance charges, due at tha~ time, ORIGiNAl., VERIFICATION PAGE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to [.ak.~-~61 ('~ I~CX~X%Plainfiff herein, and that 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 Imowledge, information and belief. SHERIFF'S RETURN - NOT SERVED CASE NO: 2001-01247 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT VS KEY DELIA MAY R. Thomas Kline according to law, the within named DEFENDANT KEY DELIA MAY unable to locate Her COMPLAINT - REPLEVIN NOTICE Sheriff who being duly sworn says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: He therefore returns in his bailiwick. but was the , KEY DELIA MAY NOT SERVED , as to RETURN NOT SERVED AS PER SHELLY CICCHINI ON Sheriff's Costs: Docketing NOT SERVED RETURN Affidavit Surcharge 18 O0 5 O0 O0 10 O0 O0 33 00 SHERIFF OF CUMBERLAND COUNTY WELTMAN, WEINBERG & REIS 03/06/2001 this Sworn and subscribed to before me day of 7~.~ A.D. Proth6n~tary ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYPOINT BANK FKA HARRIS SAVINGS BANK Plaintiff VS. DELIA MAY KEY Defendant COMPLAINT IN REPLEVIN FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James McNally, Esquire PA I.D. #78341 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02137920 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYPOINT BANK FKA HARRIS SAVINGS BANK Plaintiff VS. DELIA MAY KEY Defendant Civil Action No. 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 is a corporation having offices at P.O. Box 1711, Harrisburg, PA 17105. 2. Defendant is an adult individual residing at 370 Maple Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is the holder of a Retail Installment Contract (hereinafter the "Contract") and Security Agreement secured by a mobile home duly executed and delivered by Defendant in favor of Leibys Mobile Home Sales on or about November 1, 1995. A true and correct copy of the Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract and Security Agreement, Defendant took possession of the mobile home more particularly identified in the Contract as a 1996 Skyline Mobile Home, Serial Number 2G1107151AB. 5. Leibys Mobile Home Sales subsequently assigned its right, title and interest in said Installment Sale Contract and Security Agreement to Plaintiff. 6. Under the terms of the Contract, Defendant was to make 240 (two hundred forty) consecutive monthly payments of $419.32 beginning December 1, 1995. 7. The total amount due to Plaintiff pursuant to the Contract was $44,985.00. 8. Plaintiff maintains a first lien on the aforesaid mobile home by virtue of the Certificate of Title issued by the Commonwealth of Pennsylvania Department of Transpodation, a true and correct copy of the Certificate of Title is attached hereto, marked as Exhibit "2" and made a part hereof. 9. Defendant is in default of the terms and conditions of the Contract because Defendant has failed to make the required monthly payments since August 8, 2000. 10. Plaintiff is entitled to immediate possession of said mobile home which Plaintiff holds a security interest in and any proceeds of the mobile home, including insurance proceeds by virtue of Defendant's default. 11. Defendant has made partial payment under the Contract leaving an unpaid balance in the amount of $41,987.80 as of January 6, 2001. 12. Plaintiff avers that the Contract provides for finance charges at the rate of $10.50 per diem 13. $115.50. Plaintiff avers that finance charges from January 6, 2001 to January 17, 2001 amount to 14. Plaintiff has performed all conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remains in possession of the mobile home at the above-stated address. 15. By virtue of Defendants' default, Plaintiff has an immediate right to possession of the mobile home covered by the Security Agreement the value of which is $33,704.00, plus continuing finance charges at the aforesaid rate of $10.50 per diem. 16. Under the terms of the Contract, Defendant have undertaken to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, individually, in Count I of this Complaint In Replevin, as follows: A. For possession of the mobile home, more particularly identified as a 1996 Skyline Mobile Home, Serial Number 2G1107151AB or, in the alternative for damages of $33.~704.00 the value of the mobile home plus continuing finance charges at the aforesaid rate of $10.50 per diem, in the event that recovery of the mobile home cannot be obtained; B. Reasonable attorneys' fees and expenses for retaking possession, and; C. For such other relief that the Court deems just and proper. COUNT II ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 17. Plaintiff incorporates herein by reference thereto each of the preceding paragraphs of this Complaint in their entirety as if the same were more fully set forth herein. 18. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendants' default for the accelerated balance due under the Contract in the amount of $42,103.30, plus appropriat'e additional finance charges at the rate of $10.50 per diem on the balance due from January 17, 2001 and costs. 19. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 20. Plaintiff avers that such attorneys' fees amount to $200,00 to date. 21. Contemporaneously hereunder, Defendant has been advised of his/her dght to dispute the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto, marked Exhibit "3" and made a part hereof. WHEREFORE, Plaintiff prays for the entry of Judgment on Count II against Defendant, individually, in the amount of $42,303.30 plus continuing finance charges at the aforesaid rate of $10.50 per diem from January 17, 2001, reasonable attorneys fees and expenses for retaking possession and costs. WELTMAN, WEINBERG AND REIS, CO. L.P.A. PA I.D. #78341 ) WELTMAN, WEINBE,,~ & REIS CO., L.P.A. 2718 Koppers Bu'llCklg 436 Seventh Av,e~fue Pittsburgh, P.~15219 (412) 434-7/9'55 WWR#:02137920 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. FAX NO. P, 04 · Seller ~rleys ~u~yer RETAIL I~STALI.MENT CONTRACT ......... r~o~n E ItOME SALES ........ ~(EY, PFI, IA MAY , , . ~lt~.~uc?s~ors and os~igns. _ .... and Guarantor, olnUy a~d Mdlvidually. ~[esedt condition described below. OTHER DESCRIPTION: Size: 2oxss ...... ' ............. SECURITY: You giVe us e security interest hl the Vehicle described above. The Vehicle ~,llall be complete with ell accessions, attachments, accessories, equipment, and proceeds of rh~ Vehicle. The de ive~ and acceptance of the Vehicle s acknow ~dged by you. Our security interest will not extend to consumer Goods thai are not Instaffed In or affixed to tile VehiGle nlore [hen 10 days after PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $....~4.9~.88. CO , plus finance clloi'ges accrHhlg al Ule rate of .... ..~0__ % per year unbl maturity. You sores to pay IBis Contract accord 19 to t e payment schedule m3d late clmr~e previsions s 1own r~ tho TRUTH iN LENDING DISCLOSURES, end pay Shy additional amounts according tn Ilia t~rms and conditions of this CeFllraeL Ai'te,' maturity, or after we have demanded payment of caned alnounts, we will, ~ll~to,31J, earn interest at g. 50 percent per veer, DOWN PAYMENT: Yoo also aoree to pay on or be[ore today's date the dow~ pay~ot3t o1 any cash, rebate and not trade.in value doscrihcd 011 [~ 2, ~ MINIMUM FINANCE CHARGE: We m~y retain a minimum finance charge of ~ il you pay off this Contract before we haw earned that much interest. TRUTH IN LENDING DISCLOSURES ~NNUAL FINANCE CHARGE AMOUNT TOTAL OF PA~ENTS TOTAL SALE PRICE PERCENTAGE RATE ~l~e dollar amoum the FINANCED Tl~e amount you will have The tot~ cost ~[ your TIle cosl u[ yuur credit credit will cost yon. The amount of credit paid when you have made purcl~;~o on credit, a~ a yo~tlv ra~d. provided to VOU or all scheduled payments, including your down on your behalf, payo~eot of $ 8000. O0 9.50 % ~ 5565~,.80 $ 44985,00 $ 100636.80 ~ ~08636.80 240 ' .~...~ :~. ,g.t~monrllheqitlnlnq ~C. - ~ Late Charge: You will b~ charged 2% par month on Ihe amount of the paynim Jn arrears by more than 10 days. As$m~ption: Snmqon~ buyJrlg ~our home c~nno~ os~[Jme the obligation on the original Prepayment: If you pay off ~hl, Contract early, you [~ may ~ wi not h~ve to pay a penally. Filing Fees $ ~ 00 CmUract Provisions: You c~n ~ee your Con[tact docu~ont~ for ~l~y addJ[iodaJ information about nonpayl~nl, de[aulL an'~'~qu~rcd r~poymcnl before Ihs scheduled date, and prepa~me~[ re/u~ds and penalties. If yut, do riot meet your Contract oblige[ions, you may lose your house, tho properly that you bought w]tll thl~ Io~, or hotlsehold 9cods and furniture, your In~tor vehicle, or money in your account with CREDIT INSURANCE: C~edit life insurance aRd crcdJ~ disability PROPERTY INSURANCE; You nra required by u~ to insure thc in~uran~e are not requ~t~d ~o ob:ail~ crediL Credit life insurance Vehicle securing this Con,act. You and credit disability in~uranc: will not be provided unless you si~n f~rnlshh19 tlle requi~ed insurance either through insurance owned or cedi[toffee by you or procuring m~d furl~ish[n0 ' the equivalent lily,Italics coverage through any Insurance compi~lly and agree to pay th~., __ For F~rst Buyer QREDIT LIFE: . For Second Buyer ............. For Both Buyers CREDIT DISABILITY: Pramlum: $ Premium: For First Buver For Second Ruyer For Both Buyers ·/:or First Buyer .............. For Second Buyer Insurance Cempany Name arid Flame Office Address: Want Ihs Credit In.~urance Specified Above: Fhs~ Duyar ORIGINAL covering risks of: 11 loss er liability related to the Vehicle, 21 the usa of tire Vehicle, 31 goods or services related to the Vehicle 4) otltlomd ~nd not included unless chccked anti ind~cnted below. ILIABILITY INSURANCE: Liability insurance coverage for bodily Jinjury and property damage caused to o~hers is not Iflcluded lO ~this Conlroct unless checked and indicated b~low. ff you ge: the insurence from or [hrough us, you will pay ~ 430,00 for~2.moB[hs~ ~of covcr~go. The Vehlc~e iosurance premium ia calculotcd es foffows: ~ Fire-Theft and Comblncd Add'L Coverage S ~ ~ Deductible Comprehensive Coy, ~ ~ $ Oeduct/bl~ Collision Cure,age ~ .......... ~ A charge ~or an Extended Service Contrac~ I~ adde~ lo thi~ Contract. The Extended Service Con,racE sold or ptovlded by us Cowr~gc: ...... for Term: MODERN CREDIT PROTECTION POLICY: Premium S for ot coverage. Xg~ MO'fOR VEHICLE ~,,, ,,3, JRN-08-200! MON 03:01PH FAX NO, ?, 03 / ~×mmT ~ 3RN-08-200! ~0N 03=03 FRX N0, r, u~ ITEMIZATION OF AMOUNT FINANCED .~ ~3~00,00 (inchJding accessories, d~livery, services, and sak:s Exlciidud S~rvice Contract Ipakl by Scllerl Net Trade-in lB. We, in good faith, believe ti;at the prospect cf psych, ant or the prospect of your performance of any otl~er of your obli~ations under thi~ Contract is impaired. If yOU default, you agree to pay court costs we h~cur to collect o.o0 ) tl~is Contract as well as ~t[ofnoys' fees if we refer this Contract " for collection to ~n attorney. $ 0.o0 If an event of default occ[.ir8 as to Bny on~ gl yeti, w~ may  I exercise our remedies against any or all of you, Cash Price ~ s2soo.00 REMEDIES: tf you are h~ d~feul[ on this Contract, we have all of eggo. o0 the remedies provided by law and th~s Contract. o.oo ._- A. We may require you to immediately poy t~9 U~e remaining unpaid bularlce of the amount final~ced, finance charges, ~ '~ less any refund require~ by law, and all other agreed ........ charges. $ o,00 B, We may pay taxes, assossmants~ or other liens or make ~ ....o~o0 repairs to the Vehicle if yell hav0 not done ag, We are i~ot ' ~equ~red to do so. Any amount we pay will be added to the amount yot~ owe us, w[fl be immediately due, and will earn Interest from the date paid at thc highest lawful cen~ract rate permitted by law u~t~l paid in full. ~ C. We immediately take possession of tho Veh[~lo by le0al may process or self-help but in d~ing so we may not breach tl~o pea~e or unlawfuJly enter onto you~ pram se~. We may t ~cn sel~ the vehicJe and a?ly what we receive as p~evhJ~d by law to our reason~bl~ expenses and tlen towa(~ y~ur secured obli~atim~s. 0,00 D, We ma~ be entldcd t~ a deficiency judgment age,nat y~u if Down Payment J~ 8ooo,00 Un ~r~kf Ba~ncc of Cash Price I fCosh Pr ca le~a Down Paymen() ~ 4450o.o0 Paid to Public orfici~ls* S~tes Tax / Tire Tax Paid to ProperLy Jf~sur~nce Company / MCPP Pakl tO Credit Life Insurance Company tl~a proceeds of the sale de not ~ay all Of the expenses and wl~at you owe us (except wl~en preh b ted by law). Paid to Credit DJsnbiti[y Insurance Company $ s.ao __ By choosing ally one or more of these remedies, we do not Filing Fee /UCC ~ 20.00 0.0Owaive our right to later qso another remedy. By deciding not to To:~etg[y & ~/"E~e~t RuBor~ ~ 10,no 2S 0ause any remedy, we do not give up our rigi~t to co,sider the event ...................... --" 'a defeu]t if it happens again. TO: ........ $ You agree that if any notice is required to ~e given to you Other clear,es I I the intended sale or disposition ol the Vehicle, this n~dce w~ll be (~c~udmg Amount~ P~M [~ Od'~cru on Your gehalf) I $ 4s~.~0 ~ considered reasonable ~f sent by m~l te ~our lest known a~ reflected in our records, at Ioes~ 10 duys before the date of ~hc lLes~ Prepaid Finance Charges ~ ...... ~oo i~lended disposition (or such other pedod of time as I~ ~u~rQd h~ Amotlnl Finance~ [ S . [ ~EINSTATEMENT: If tl~e Vel~icl~ h~s been repossessed pr Vel~icl~ ~o you. The Contrac~ will be reins[atari ir you pay all past ~DDITIONAL TERMS OF THE CONTRACT d~e insl~llment~. ~ccrucd default, plus sny other amoun~ lawfully AND ~ECURI~ AGREEMENT due under the Cm~tr~ct. In addition, you agree te p~y for the costs GENERAL T~MS: A~ u~d in this document. C~n[ract incJudes of Sui~ if we retake the Vehicle throqoh leo~[ action. If dermal[ Ires to~al s~le p~C~ i~ the total price of the Vehicle and/or se~ces if you buy i~ ~)ver time. Tho total s~l~ price shown in thc TRUTH IN NOTICE OF PROPOSED INSURANCE: You take notice that LENDING DISCLOSURES ts ~ased on the assumption that all group ~rcdi[ life insurance coverage and/or 9roup credit accident WARRANTY: Vehicle warranty ir~rormedon is supplied to you incurred and will expire on the odglnaliy ~chedu~ed ma[urlty date within 30 days. there will be d~llvered lo us ~ certificate of P~EPAYMENT: You m~y prepay thi~ Contra~t in p~r[ or in full at insurance more fully describh~g ~l~e insurance. In tl~e event OWNERSlIIP AND DUTIES TOWARD P~OPE~TY: By giving INSURANCE: You agree to buy hlsurmlce on [he Vehicle against the following, loss p~yee on any such poflcy. We may requir~ added s~curiw on A. You will de,end tll~ properly eg~n~t any claim m~de by this Contrac~ if you agree that insurance proceeds may be used c editor=. You have signed or immediately will s[~n any this ConTrec~ Is paid in full. additional docum~n[~ or prcvida us with any addlflen~l I[ you fall to obtain or ~il~tain this insurance, we may lewhd p~lrp~se~ for whlcl~ it was intended. Unles~ ~therwise lawful contract rate. until paid in full. riley bcc~m~ du~. OBLIGATIONs INDEPENDENT: E~ch ~rson who signs ~ccml'~l~lished in a lawful m~nner ~nd widmut breaching the G. You will ~dorse ~he cemricn~e or [l[~e to this Vehicle. if be obligated to pay thc Cantrac[. ~o pay the Contract. O~IGINAL IY HOI DEE{ OF THIS CONSUMER CREDIT ~NTRACT IS SUBJECT TO ALL CLAIMS AND FEN£ES WHICH THE DEBTOR COULD ASSERT ;AINST THE SELLER OF GOODS OR SERVICES ;TAINED PURSUANT HERETO OR WITH THE OCEEDS HEREOF. RECOVERY HEREUNDER BY IE DEBTOR SHALL NOT EXCEED AMOUNTS ID BY THtE DEBTOR HEREUNDER. YOU ARE BUYING A USED VEHICLE, THE FORMATION YOU SEE ON THE WINDOW FORM ,R THIS VEHICLE IS PART OF THIS CONTRACT. FORMATION ON THE WINDOW FORM x /ERRIDES ANY CONTRARY PROVISIONS IN THE )NTRACT OF SALE. Name I.'F~}{ ~0, P, O~ TRIRD PARTY AGREEMENT By signing below you agree to give the Vehicle described on page 1. You also agree to bo baund by the terms of this Contrac[, including the WAIVER sec[ion on paoe 2. EXCEPT that you will not be liable for the requires. You agree that we may renew, exL~nd, oF change this ~ontract. You also agree that we may Vehicle whhout r~lcasing you frm~ You ackmmwled~e receipt of a completed c,py of this Contract an~ Security Agraama~t. ,~Date TIOE TO BUYER: DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN ACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS, store: ~ Date Signature: Date ~turc: Date ~'~ t~re~ ..................................... Data -- YER ACKNOWLEDGES RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CONTRACT Signature: ltHro; Date Signature: Date SIGNMENT: Thiu Contract end Security Agreement is gnad I,o..U./~R~IILSAVINB,c; EI6NK (nam~ and address), the Assignee, or tile ferreT, s c~f li~o ASSIGNMENT BY SELLER below, ASSIGNMENT BY SELLER Ilar sells and asal0na thI~ Retail Instaih~ent Contract and Security Agreement on //- ~._.'~,_,,1.~/~;'~.. to. ssigns, ail Its rights, ti:Jo and Interesl in [his Contract and Security Agroemem~t, and any guarari[ee executed in connection with IS ASSIGNMENT IS MADE; ~ UNDER THE TERMS OF A SEPARATE AGREEMENT, ~ PURSUANT TO THE FOLLOWING TERMS. under this Contract. S~llcr warrants: Tho down rmymer~[ we~ made by the Buyer in the manner staled on page I and no p~n of tl~e down payment wa~ ~oaned o~ se shall bn In na~h ir1 Ihe amount of the unpaid balat~ce [including interest} plus the cost al~d ~xpe~/ses of Assignee, including ~S iNDICATED BY CHECKING TIlE BOX BELOW, THIS ASSIGNMENT IS WITHOUT RECOURSE. VERIFICATION PAGE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to the facts set forth in the foregoing Complaint are true and correct to the best of his/her lmowledge, information and belief. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYPOINT BANK FKA HARRIS SAVINGS BANK, Plaintiff No.: 01-1247-CIVIL VS, DELIA MAY KEY, Defendant(s) TYPE OF PLEADING: PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES P. VALECKO PA I.D. #79596 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412 ) 434-7955 WWR#02137920 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WAYPOINT BANK FKA HARRIS SAVINGS BANK, Plaintiff No.: 01-1247-CIVIL VS. DELIA MAY KEY, Defendant(s) PROTHONOTARY: Kindly settle accordingly. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE and discontinue the above-captioned matter and mark the docket Respectfully submitted: Weltman, Weinberg & Reis Co., L.P.A. JW Notarfal Seal encly L. WIllIs, Notmy Public · ,.. _Pilt~ q]h, ~leghenX C~J~nly My ~,omm~lon Expke~ July 15, 2002 Sworn and subscribed,before Thisday of jY. 20o0 I~otary Public / By: JAMES'. VALECKO PA I.D. #79596 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955