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Home My WebLink About11-3422V _ f ILED-OrrrRCE" Or TINE PROTHOWOTAR 2?l i APR -4 P1 I1: 28 CUMBERLAND COWIT`m PEEN,NSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING & TRUST, ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff, ) NO.: -0-- y r ? - 3y a 1. vs. ) TYPE OF PLEADING: Complaint in Civil Action - Replevin AARON H. BUMBARGER, ) FILED ON BEHALF OF: Plaintiff, BRANCH BANKING & TRUST Defendant. ) COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis, Esquire Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAVIS DAVIS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 20843\1 10039\1 1033002.COM lad 010k 6$9.00 FA 04?- da4 Ct ?E- l 5 ¢?as?y37 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING & TRUST, Plaintiff, vs. AARON H. BUMBARGER, Defendant. CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: I I ? 3 `1)-a' e• l 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 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 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING & TRUST, Plaintiff, CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: vs. AARON H. BUMBARGER, Defendant. COMPLAINT IN CIVIL ACTION - REPLEVIN AND NOW comes Branch Banking & Trust, by and through its counsel, Davis Davis Attorneys, a professional corporation, and makes this Complaint against the named Defendant and avers as follows: 1. Branch Banking & Trust is a lending institution duly authorized to conduct business in the Commonwealth of Pennsylvania with one of its principal offices located at 1 Piedmont Road, Charleston, West Virginia 25301, hereinafter referred to as "Plaintiff." 2. The Defendant is an adult individual whose last known residence is 402 South 4`h Street, Lemoyne, Pennsylvania 17043; hereinafter referred to as "Defendant." COUNTI 3. On or about June 19, 2009, Defendant purchased a 2005 Chevrolet Colbalt, Vehicle Identification No. 1G1AL54F257594086, and entered into a written Agreement for the payment of a portion of the purchase price. A true and correct copy of the aforesaid written agreement is marked Exhibit "A," attached hereto and made a part hereof 4. The aforesaid written agreement provided for the retention of a security interest in the vehicle by seller. 5. The aforesaid written agreement was assigned for value to Plaintiff. 6. Plaintiff perfected its security interest in the aforesaid motor vehicle by placing an encumbrance on the vehicle, which is noted on the Certificate of Title. A true and correct copy of the Certificate of Title is attached hereto, marked Exhibit "B," and made a part hereof. 7. Plaintiff avers that the value of the aforesaid vehicle is $7,900.00 and that said vehicle is in the Defendant's possession, but its exact whereabouts is unknown. 8. Defendant has defaulted under the terms of the aforesaid written agreement by failing to make payments when due. 9. Plaintiff is entitled to immediate possession of the aforesaid vehicle and has demanded same from the Defendant, who has failed and/or refused to deliver same to the Plaintiff. WHEREFORE, Plaintiff claims judgment for possession of one (1) 2005 Chevrolet Colbalt, Vehicle Identification No. 1G1AL54F257594086, with interest, costs, attorney's fees and damages for the unjust retention of said vehicle. COUNT II 10. The averments contained in paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as if fully set forth at length herein. 11. The balance due and owing on the June 19, 2009, agreement is as follows: Principal $7,749.56 Interest due thru 3/30/2011 $ 400.47 Late Fees 58.30 TOTAL: $8,208.33 12. Under the terms of the aforesaid agreement, Plaintiff is entitled to interest at the rate of 10.84% per annum. WHEREFORE, Plaintiff demands judgment against the Defendants in the total sum of $8,208.33 with interest on the principal amount of $7,749.56 at the rate of 10.84% per annum from March 30, 2011, to the date of Judgment and at 6.00% per annum thereafter plus costs. DAVIS DAVIS ATTORNEYS a professional?orporation r _ BY: Ree avis, V ire Pa. I.D. #00501 Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 VERIFICATION I, Reed J. Davis, Esquire, state that I am not a party to the action but that at the request of the Plaintiff, and based upon knowledge, infonnation, records, and documents supplied to me by the Plaintiff, the averments set forth in the foregoing Complaint in Civil Action - Replevin are true. A Verification executed by Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor d OFF E 'r r ? rRArF Eli . FILED-OFFICE 2011 APR I I PM 12: 58 CUMBERLAND COUNTY PENNSYL'VAMA Branch Banking & Trust Co. Case Number vs. Aaron H. Bumbarger 2011-3422 SHERIFF'S RETURN OF SERVICE 04/0812011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Aaron H. Bumbarger, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Aaron H. Bumbarger. Request for service at 402 S. 4th Street, Lemoyne, Pennsylvania 17043 does not exist. SHERIFF COST: $44.00 SO ANSWERS, April 08, 2011 RON R ANDERSON, SHERIFF !d; CountySuite Sherft, Telelwft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRANCH BANKING & TRUST, ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff, ) 1 NO: 2011-3422 VS. AARON H. BUMBARGER, Defendant. PRAECIPE TO REINSTATE COMPLAINT TO: Prothonotary ;jam Mau 7-" -< - _ c:, C-) = ?o C) Please reinstate the Complaint in Civil Action in the above-captioned case and mark the Docket accordingly. DAVIS DAVIS ATTORNEYS a professional corporation By: S «Mj hlb.00 -i?a atk . & 4_1oa ""OsMs 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 David D. Buelr Prothonotary Office of the prothonotary Cum5erfancf County, Pennsylvania r1QS. So/ionage, TSQ Solicitor — qaaNicIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square. 0 Suite100 ® Carlisle, TA 0 (Phone 717 240-6195 0 'Fad 717 240-6573