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HomeMy WebLinkAbout01-4865IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION- LAW NATIONAL PENN BANK, ) Plaintiff ) ) ) REVENDIA M. NORRIS, ) Defendant ) REPLEVIN ACTION N TI E DEF D 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 PIOSA, HIXSON & REILLY, P.C. rhomds E. Reill~-Jr.,~E~e Attorney for Plaintiff's// Attorney I. D. No. 41668 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff VS. REVENDIA M. NORRIS, Defendant No. COMPLAINT IN REPLEVIN And now, comes the Plaintiff, National Penn Bank, by and through its attorneys, Thomas E. Reilly, Jr., and Thomas A. Capehart, Esquire, and in support of the within causes of action avers as follows: 1. Plaintiff, National Penn Bank ("Bank") is a Pennsylvania banking corporation with an office located at Philadelphia and Reading Avenues, Boyertown, Pennsylvania, 19512. 2. Defendant, Revendia M. Norris is an adult individual residing at 170 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. COUNT I - REPLEVIN 3. Defendant is the owner of a 1994 Pine Grove Mobile Home, Serial Number GP38738AB which is located at 170 Rustic Drive in the Country Side Village Mobile Home Park, Shippensburg, Pennsylvania. 4. The approximate value of the mobile home is Twenty Thousand Seven Hundred Fifteen Dollars ($20,715.00). LAW OFFIC£$ PIOSA HlXSON & EEILLY ONE WINOSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN, PA 18195d014 (610) 530 7500 5. On August 30, 1999, Defendant purchased the mobile home pursuant to a Mobile Home Installment Sales Contract without Real Estate (the "Contract"). A true and correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference. 6. The Contract was assigned to the Bank at the time of sale and, as such, the Bank is a secured creditor under the terms of the Contract, which fact is further evidenced by the certificate of title to the mobile home, specifically identifying the Bank as a secured lien holder. A true and correct copy of such title is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Defendant executed and delivered the Contract to the Bank, or authorized, acquiesced and consented to the assignment of the Contract to the Bank, as collateral security for the payment of Defendant's obligations to make payments toward the Contract tinder which Defendant agreed to pay the Bank One Hundred Eighty (180) monthly installments of Three Hundred Eighty-seven Dollars and Seventeen Cents ($387.17) beginning October 8, 1999. 8. Defendant has defaulted under the terms of the Contract by failing to pay the Bank monthly installments since May 8, 2001. 9. Given Defendant's default under the Contract, on or about June 4, 2001, the Bank sent a Notice of Intention to Commence Legal Action and Repossess Mobile Home to the Defendants by certified mail informing the Defendant of the default and the Defendant's rights and obligations to the Bank. A true and correct copy of such notice is attached hereto as Exhibit "C" and incorporated herein by reference. 10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "D", and incorporated herein. 11. Defendant has failed, refused and neglected to cure the above-referenced default, despite receipt of the Bank's Notice of Intention to Commence Legal Action and Repossess Mobile Home. 12. In accordance with the terms and conditions of the Contract, upon Defendant's default thereunder, the Bank has accelerated the indebtedness of the Defendant to the Bank. 13. Pursuant to the Contract, Defendant agreed to pay all amounts which became due under the terms of the Contract, the costs of suit, and reasonable attorney's fees, as well as costs of repossessing, storing, repairing, preparing for sale and selling the vehicle. 14. Based on Defendant's fault as above described, Defendant is liable to the Bank as follows: Principal Amount Due Interest to 8/05/01 Late Fees Due $29,794.10 1,238.50 23.12 TOTAL $31.055.72 WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be entered in its favor and against Defendant, Revendia M. Norris, in replevin for possession and delivery of the Mobile Home; plus interest, reasonable attorney's fees, costs, and costs of collection and any and all other relief which the Court deems just and appropriate. COUNT II - BREACH OF CONTRACT 15. Plaintiff incorporates by reference Paragraphs No. 1 through No. 14 as though the same were fully set forth herein. 16. Defendant is in default under the terms of the Contract due to the Defendant's failure to make monthly installment payments since May 8, 2001. WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and against the Defendant, Revendia M. Norris, in the amount of $31,055.72 plus per diem interest from August 5, 2001 until the debt is satisfied, reasonable attorneys fees, costs and costs of collection as authorized under the Contract. PIOSA, HIXSON & REILLY, P.C. Thomas E. Reilly, Jr., Es~r~e Attorney for National l~-"l~ank Attorney I.D. No. 41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 Thomas A. ~apehart,,~squire Attorney for National Penn Bank Attorney I.D. No. 57440 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 VERIFICATION I, JOSEPH P. ANDREWS, state that I am a Vice President of National Penn Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said National Penn Bank, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ~ ~ 1~. Andrews Dated: MOBILE HOME 7.? .~ 7 INSTALLMENT SALE CONTRACT (WITHOUT REAL ESTATE) ,, Daled: ~UGUST 30, tq99 1. PARTIES: InlhisContraclwearelheSeller: COUNTRY SIDE VILLAGE '4OMES, INC. 31 ~fALNUT BOTTOM RB~ SHIPPENSBURG, PA 17257 Address You are lbo Buyer(s): REVENDIA H. NORRIS 170 RUSTIC I~a,m~OUNTRY SIDE VILLAGE, SBIPPENSIIURG, P,A 17257 Address (Where Mobile lions is to be placedJ 2. JOINT AND SEVERAL OBLIGATION: II there are more than one Buyer and/or one or more Co. Signers. each o you s a be liable. separalely and Iogelher, Io pay all sums you owe and lo pedorm all your promises in this Contract. 3. CO-SIGNER: Any pe~son signing the CoSigner's Agreement beow promises, separalely and Iogelher, wilh Buyer and all oilier Co-Signer(s), Io pay all sums owing to us and to pedorm all agreemenis in Jills Contracl as and when gley come due. 4 CO-OWNER: Any person with an ownership interes~ in Ihe Mobile Home signing Ihe Co-Owner's Security Agreement below gives us a lien and securely inlerest in tile Mobile ~ lone and agrees 1o pedorm all promises in Ihe Securely Ag~eemenL 5. ITEMIZATION OF AMOUNT FINANCED: (1) Cash Price Including Sales/Luxup/Tax $ 34,500.00 (2) a. Cash Downpayment $ 4,000.00 b. Net Trade-In + $ 0 DO c. Tolal Downpaymenl (2a + 2bi - $ 41000.00 (3) Unpaid Cash Price Balance (~ - 2.c) ~ $ 30,500.00 (4) To Cmdit insurance Company + $ 0.00 (5) ToP~opedylnsurancsCompany + $ 377.00 (6) a. License, Tags and Regislm/ion $ 22.50 b. LienFee ~' $ 5.00 c. T~:laltoPublicOlllcials (6a + 6b) + $ 27.50 (7) To + $ 0.00 (8) To + $ O.00 (9) Anlourd Einanced ((3) + (4) + (5) + (6)c + (7) + (8)} = $ 301904.50 *We may retain a podJon of this amount, DISCLOSURES REQUIRED BY FEDERAL LAW. ANNUAL PERCENTAGE RATE lithe cost of your credit as a yeady ra~e 12.750 % I FINANCE CHARGE liThe d°llar amounl the credit wil' cost you, $ 38,786.t0 J 30,904.50 ]80 $387.17 OCTO~Rg~, 1%99 $ Securgy: You are giving a securely inleres/in the propedy being purchased. Prepayment; if you pay oll early, you will not have to pay a penally. Piling Fees: $ 27.50 Late Charge: g a payment is more than ~0 d3ys' lale, you will be charged 2% el Ihe po~lion which is Pate for each monlh or pad of a monltl greate~ Iban I0 days that il ~emains unpaid. IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS YOU MAY LOSE ALL THE PROPERTY TIfAT YOU BOUGIIT wlrfl IHI: CON1 RAC I, ANO MONEY tN YOUR ACCOUNT WITH THE ASSIGNEE. B. TIlE MOBILE NOME: Under e e ms o s Conlract you ag eeo p chase from us the following mobile home, lufnik re, eq ipmenl and fix utes a o wh ch s called tho "Mobile Home" in Ihle ConlracO: N/U Yom/Mamdactucer Length/Width Color/Model Serial Number U 199/~ PINE GROVE 44 ~ 24 ET GREEN/ 710 GP 38736 A/B Equipped with: g. TBADE-IN: You have Iraded.in the following mobile home: $ -$ ~$ Year/Make Series Gross Allowance Still Owing Nel Trade In Comprehensive on $ Term __ months; $ Term monlbs; which cosls $ R/A N/A N/A Signatu e o Buyer or Co-Signer lo be insured lot Single Credit Life Insurance By signing, you desire Join~ What is Credil Lge I.surance, your age? which costs $ N/A X N/A N/A × Signatures of both Buyers and/or Co Signers lo be inst~red lot Join C edif L~le Insurance What is your age? N/A N/A NOTICE OF PROPOSED CREDIT INSURANCE ] he sig~er(s) of this Conlracl hereby take(s) notice that Group Credit Life Insurance coverage will be applicable lo 1his Contract if so 12. ASSIGNME~'IT OF CONTRACT: You may not assign Ihls Contract. The Seller may assign Ihls Conlracf and the person to whom Seller assigns il may reassign il. Any person to whom we ass gn Ibis Contracl or to whom it is reass, igned is called II e Ass ghee.' Alter any assignmenl, all ~ighls and benefits of Ihe Seller in h s Con ac she J belong Io and may be eno ced b the Assignee. Al Jbe llme of signhlg I s Con[rac~ the Assignee is inlended to be National Penn Bank, Philadelphia & Reading Avenues. YBoyedown~ PA 19u ~ 2. 13. PROMISE TO PAY: You promise to pay tls file Tolal Sale Price for Ihe Mobile Home by making Ihe Tolal Bownpayment and prying us Ihe Amot,ri Financed plus Finance Charges as provided in the Eaymenl Schedule. Paymenls are due on or belore Ihe same (lay each i'r*ol~lh as 1he Ii,si paymenl due date. You agree Io pay a~l olher amounls which may become due under Ihe lerms of Ibis Coniract. You agree o make payments al tile address which we mosl recently spedF/in a written notice Io you. f4. SECUrdrY AGREEMENT: To secure the payment ol all sums you owe and Ihe pedormance of all your obfigations under this Con,fact, you give us atief) and secugty hlieresl in Ihe Mobile Home, in any paris (called "accessions") allached Io Ihe Mobile Home al IIEREUNDER. By signing below, we agree to sell the Mobile Home SEt Y SIDE ¥ILtACB tIOHES, INC, NOTICE TO BUYER - DO NOT SIGN Tills CONTRACT IN BLANK. YOU ARE ENTrrLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. BUYER REVE~DIA M. NORBIS Date (SEAL) (Dale) CO-SIGNER'S AGREEMENT: YOU SHOULD READ THE NOTICE TO CO-SIGNER, W;IICH IIAS BEEN GIVEN TO YOU ON A SERARATE DOCUMENT, BEFORE SIGNING THIS AGREEMENT. You the pe son ope sons) signing as "Co-Signe~" Below ) o se Io Ray to us all sums owed on his Con tact and ~o per erin af ag eements n I ~ s Contract as andwhen riley come due. You inle~d to be legallyboundbyalllhelem]solthisConlract separalely and to et~e wilheacl o e and heSuye Youae ~ak g spon selo i I ce us Io enler nfo lB s Con fac wi h tile Buyer, even Ihoug 3 I~le proceeds will only be used Ior Ihe Buyer's beneliL You agree lo pay even Ibough we may not have made any prior demand lot paymenl on lbe Buyer or exercised our security inte;est in Ibe Mobile Ilome. Co-Signer's Signalure (SEAL) Address Dale Co-Signer's Sigrlalu~e (SEAL) o[ [he Owners ol gm MobileHome ~iveusalienandsecu ~/~nees n eMob eHome. ~go~u nend obe ega ybo ndby e e s (SEAL) BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE TIJ~-~ F SIGNING. CERTIFICATE OF TITLE FOR a VEHICLE ,816 000460013001870-001 GP28738AB I 1994 PINE GROVE 48306~13202,N0 VENICLE IDEN99FICATION NUMDER YEAR MAKE OF VEHICLE 99TL~ NUMBER NH ? [ 3/08/00 EXEMPT 4 4/14/95 -~/08/00 ] 20,000 DISCLOSURE:E~.~II~m,~EOERAL LAW REGrSTEREO OWNeR(S) .i- 'r~. REVEND[A H NORR[SC°'~ ~".~"'"",'y,>,,.,l.o,-. .... ~ 170 RUSTIC DR iSH~PPENSBURG PA 17257 FIRST LIEN FAVOR OF: -- iNATIONAL PENN BANK SECOND LIEN FAVOR Of: NATIONAL PENN BANK PHIALDELPHIA [ READING BOYERTOWN PA 19512 SECOND LIEN RELEASED DATE By AUTHORIZED REPRESENTAT~E 1ST LIENHOLOER EXHIBIT ZIP NATIONAL PENN BANK Part of th~ National Penn Family Member FDIC · Equal Oppo~unity Lender CERTIFIED MAIL TO: Revendia M. Norris Notice Date: June 4, 2001 170 R_ustic Drive Country Side Village Shippensburg, PA 17257 Acct. # 362461077467 Investors Trust Company tJnk Financial Services, inc. National Penn Mortgage Company NOTICE OF INTENTION TO COMMENCE LEGAL ACTION AND REPOSSESS MOBILE HOME You are currently indebted to National Pexm Bank (the "Bank") pursuant to an Installment Sale Agreement dated August 30, 1999 between the Bank and you with regard to your 1994 Pine Grove, Vehicle Identification Number GP38738AB. The Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due since May 8, 2001 have not been paid. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter, is $389.72. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above amount of $389.72, plus any additional payments which may fall due during this period, including all other events of default that may exist. Such payment must be made either by cash, cashier's check, certified check or money order and made to: National Penn Bank P. O. Box 547 Boyertown, PA 19512-0547 Attn: Richard M. Kistner (610) 369-6585 If you do not cure the default within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the Installment Sale Agreement and will instruct its Attorneys to commence a legal action to take possession of the Mobile Home. At the end of the thirty (30) day period, if you wish to cure the default, you will also be required to pay reasonable fees actually incurred by the Bank prior to commencing a legal action to take possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs, up to an amount of Fifi7 Dollars (S50.00). Ii PhiiaC~elohia & Reading Avenues, RO. Box 547, Boyertown, PA 19512 · ~ EXHIBIT I ................. * www, natpennban}~.com . Nasdaq Symbol - NPBC Revendia M. Norris Page Two Once the Bank commences a legal action to take possession of the Mobile Home, you wilI also be required to pay any reasonable fees actually incun'ed by the Bank, including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty Dollars ($50.00). The Bank may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sale Agreement. If you have not cured the default within the thirty (30) day per/od and the Bank takes possession of the Mobile Home, you still have the right to cure the default at any time before the title to the Mobile Home is lawfully transferred from you, which shall be no sooner than Forty-Five (45) days after your receipt of this Notice. You may do so by: (a) paying all amounts which would have been due if yon had not defaulted and the Bank had not accelerated the Installment Sale Agreement; (b) perform any other obligation which was required of you under the Installment Sale Agreement; (c) paying reasonable fees actually incurred by the Bank in taking possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs; (d) paying any late fees or penalties as set forth in the Installment Sale Agreement; and (e) paying any cost incurred by the Bank in detaching and transporting the Mobile Home to the site of the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the Bank at the telephone number of the person listed above. This payment must be in cash, cashier's check or certified check. You should realize that a sale or transfer of title to the Mobile Home will end your ownership of the Mobile Home. Revendia M. Norris Page Three You have additional rights to help protect yom: interest in the Mobile Home. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE AGREEMENT, OR TO BORROW MONEY FROM A. NOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default as set forth above, the Installment Sate Agreement will be reinstated and you will then be able to make payments for the balance bf the Installment Sale Agreement as if the default never occurred. NATIONAL PENN BANK d2Y Richard M. Kistner Special Loans Adjustor PIOSA HIXSON & REILLY ATTORNEYS AT LAW MICHAEL J. PIOSA BOYD G. I-ID(SON THOMAS E. REILLY, Jl~ THOMAS A. CAPEHART ONE WINDSOR PLAZA, SUfi't~ 101 7535 WINDSOR DRIVE AL~WN, PENNSYLVANIA 18195-1014 TEL: (610) 530-7500 FAX: (610) 530-8190 TO: Revendia M. Norris: We have filed this complaint against you on behalf of our client, National Penn Bank,. WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE: The amount of the debt owed by you is $31,055.72 as of August 5, 2001. Country Side Village Homes, Inc., is the original creditor for this debt. You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof is disputed by you, we will obtain verification of the debt from our client and provide such verification to you. Please note, that despite the thirty (30) day period described above, the Bank is not required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed, including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed with any such action within the time frame set forth in the accompanying complaint or documents, and any other previous correspondence you may have received directly from the Bank. This letter is from a debt collector. This letter and any other correspondence from this office is an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, Thomas E. EXHIBIT "D" SHERIFF's RETURN - NOT SERVED CASE NO: 2001-04865 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL PENN BANK VS NORRIs REVENDIA M R. Thomas Kline _, Sheriff , according to law, Says, that he made a diligent the within named DEFENDANT__T__~, to wit: NORRIs REVENDiA M unable to locate He___~_r in his bailiwick. COMPLAINT _ REPLEVIN~ who being duly SWOrn Search and inquiry for but was He therefore returns the the within named DEFENDANT NORRIs REVENDiA MNOT SERVED · as to A__TTORNEY REQUESTED THAT SERVICE OF CO~MPLAINT BE STOPPED. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 13.00 .00 10.00 .00 41.00 SHERIFF OF CIIMBERLAND COUNTy PIOSA HIXSON & REILLY 09/04/2001 Sworn and subscribed to before me ~-~--~--~ A.D. IN TI~, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION - LAW NATIONAL PENN BANK, REVENDIA M. NORRIS, ) ) Plaintift ) NO. Ol-4865 CIVIL ) ) ) ) REPLEVIN ACTION Defendant ) PRAECIPE AND POWER OF ATTORNEy FOR SATISFACTION AND/OR TERMINATION TO: PROTHONOTARY - CIVIL DMSION: You are hereby auflaofized, empowered, and dkected to enter, as ~ndicaled, the follow/ns on the records theaeof: The wi~fin sui~ is Settled, D iseor~inued, Ended and costs pid. The within suit is Settled, Discontinued, Ended ~ Prejudice and costs pakl. The within suit is Settled, Disconfimed, Ended WITHOUT Prejudice and costs pail. __ Satisfacfien of~e Award in tae wifl~in suitis admowledged. __ Sails factien of Judgment with interest and costs, in the within ro~ is aflmowledged. Oth~': Date: Thorms E. Reilly, Jr., Esqtfire Alta'ney fe~ Plaiqtiff COST PAYMENT VERIFICATION I ~ERSTAND THAT TIlE ABOVE ACTION CANNOT BE FII.RD AND DOCKETED UNTIL ALL COgF,~; HAVE BERN PAID. INCLUDING SHERrieS CDSTS: AND I-IERE~y VERIFY THAT ALL Cr)STS HAVE BEL:~[ PAID. I UI~ERRTAND THAT FALSE STATEMENTS HEREIN ARE MADE SLrB. IECT TO TI-~ PENALTIES OF 18 PA. CS. SEUi'ION 4904 RELATING TO UNSV~)RN FALqlFICATION TO AIJTHORt liES.