HomeMy WebLinkAbout02-0602IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, LLC,
Plaintiff,
V.
JAMES HOOVER,
Defendant.
) CIVIL DIVISION
)
COMPLAINT IN ASSUMPSIT AND IN
REPLEVIN
Filed on Behalf of Plaintiff:
NEW HOLLAND CREDIT COMPANY,
LLC
Counsel for Plaintiff.
Brian A~ Lawton
Pa. I.D. No. 82093
THORP REED & ARMSTRONG, LLP
One Oxford Centre
301 Grant Street, 14th Floor
Pittsburgh, PA 15219-1425
(412) 394-2551
00331539.DOC
IN TI:fE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, LLC, )
)
Plaintiff, )
)
v. )
)
JAMES HOOVER, )
)
Defendant. )
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 wamed 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 of 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 ATTORNEY AT ONCE. !1* 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 LOCAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 I,IRERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, LLC, )
)
Plaintiff, )
)
v. ) No.
)
JAMES HOOVER, )
)
Defendant. )
INTRODUCTION
This is an action for repossession of specific goods and for money damages arising out of
defendant, James Hoover's ("Hoover") possession of certain property securing the performance of Deals
Plumbing & Heating (hereinafter "Deals Plumbing") which is in default for nonpayment and otherwise
under the terms of a Retail Installment Sale Contract and Security Agreement whereby plaintiff, New
Holland Credit Company, LLC (hereinat~er "New Holland',), as assignee of R&W Equipment Company,
financed Deals Plumbing's purchase of the following equipment~. one (1) New Holland 1715 Tractor -
Serial Number UK29767 and one (1) New Holland 7308 QA Loader - Serial Number YL288894.
PARTIES
1. Plaintiff; New Holland, is a limited liability company organized under the laws of
the State of Delaware and authorized to conduct business in Pennsylvania, having a usual place of
business at 100 Bmbaker Avenue, New Holland, Pennsylvania 17557-0917.
2. Defendant, Hoover, is an adult individual having a last known address of 49
Mountain Lane, Newburg, Cumberland County, Pennsylvania 17240.
ACCOUNT 2165479770209 0001000
3. On or about March 29, 1997, Deals Plumbing, a general partnership consisting of
David Deal and Hoover, executed a Retail Installment Sale Contract and Security Agreement (the
"Contract") whereby New Holland, as assignee of R&W Equipment Company, 35 East Willow Street,
Carlisle, Pennsylvania 17013 (the "Dealer"), financed Deals Plumbing's purchase of the following
equipment: one (1) New Holland 1220 Tractor - Serial Number UC28284, one (1) New Holland 9308
Rear Finishing Mower - Serial Number A5AD274, one (1) New Holland 1715 Tractor - Serial Number
UC29767, and one (1) New Holland 7308 QA Loader- Serial Number YL288894 (the "Collateral"). The
cash sale price for the Collateral was $23,500.00. A copy of the Contract is attached hereto as Exhibit
"A" and incorporated herein.
4. Pursuant to the terms of the Contract, Deals Plumbing agreed to pay New
Holland the amount financed of $22,423.50, payable, with interest at the rate of 7.90% per annum, in
seventy-one (71) monthly payments of $392.05 each, beginning April 29, 1997 and one (1) final payment
of $393.20 due March 29, 2003, for a gross balance of $28,228.75.
5. Pursuant to the te,ms of the Contract, Deals Plumbing granted NeW Holland a
purchase money security interest in the Equipment to secure payment of all amounts owed under the
Contract. Copies oftbe filed Uniform Commercial Code financing statements are attached hereto as
Exhibit "B" and incorporated here/n.
6. At the request of Deals Plumbing, New Holland released its lien against a portion
of the Collateral consisting of the New Holland 1220 Tractor- Serial Number UC28284 and New
Holland 9308 Rear Finishing Mower- Serial Number A5AD274. New Holland's security interest
continues in the New Holland 1715 Tractor- Serial Number UK29767 and the New Holland 7308 QA
Loader- Serial Number YL288894 (collectively, the "Equipment").
7. It is believed and therefore averred that in February, 1999, that Deals Plumbing
has dissolved as a general partnership and that Hoover took possession of the Equipment.
8. Deals Plumbing and/or Hoover failed and refused to make timely payments to
New Holland and is in default under the terms of the Contract. As of January 21, 2002, there was an
outstanding arrearage due New Holland by Deals Plumbing in the amount of $5,813.52 representing the
outstanding monthly payment due September 29, 2000 through December 29, 2001, late charges in the
amount of $424.54 and other fees in the amount of $168.92.
9. Despite numerous demands by New Holland, Deals Plumbing and/or Hoover
failed and refused to pay his obligations due and owing to New Hollandpursuant to the Contract.
10. As a result of Deals Plumbing's default under the Contract, New Holland
declared the entire unpaid balance of the Contract to be immediately due and payable and New Holland
has an immediate and exclusive right to possession of the Equipment. A copy of the acceleration letter
mailed January 2, 2002 to Hoover is attached hereto as Exhibit "C" and incorporated herein.
11. Upon information and belief, Hoover continues to use the Equipment without
paying New Holland, causing diminution in the value of New Holland's collateral.
12. As of January 21,. 2002, the amount due and owing New Holland by Deals
Plumbing under the Contract was calculated as follows:
Current principal balance
Current interest balance
Late charges
Other fees
BALANCE DUE AS OF 10/3/01
$9,244.00
1,198.68
424.50
168.92
$11,036.10
13. Upon information and belief, based upon information provided by a
representative of the Dealer, the approximate average wholesale value for equipment of similar age,
make, and model as the Equipment is $12,600.00.
COUNT I
BREACH OF CONTRACT
14. New Holland incorporates herein by reference the allegations of Paragraphs 1
through ! 3 of the Complaint as if expressly set forth herein.
15. As a result of Deals Plumbing's failure to make its payments and to otherwise
comply with its other obligations under the Contract, Hoover, as a general partner of Deals Plumbing, is
liable to New Holland m the total amount, as of January 21, 2002, of $11,036.10, plus interest at the
contractual rate of 7.90% per annum and attorneys' fees and costs.
16. If Hoover continues to wrongfully detain the Equipment, New Holland will
continue to incur special damages in an amount which cannot be computed until removal of the
Equipmeet from Hoover's possession is complete, but which include the amounts set forth in Paragraph
12 of this Complaint together with amounts expended to recover the Equipment, including the cost of
personnel and equipment necessary to re/hove the Equipment ~rom Hoover's possession.
COUNT H
RECOVERY OF PERSONAL PROPERTY
17. New Holland incorporates herein by reference the allegations of Paragraphs 1
through 16 of this Complaint as if expressly set forth herein.
18. As a result of Deals Plumbing's and/or Hoover's default of the payment and
other obligations under the Contract, New Holland is entitled to immediate possession of the Equipment
from Hoover and Hoover is obligated to immediately surrender possession of the Equipment.
PRAYERS FOR RELIEF
WHEREFORE, plaintiff, New Holland Credit Company, LLC, prays in this replevin
action:
1. For judgment in favor of New Holland Credit Company, LLC and against James
Hoover for the recovery of the Equipment (one (1) New Holland 1715 Tractor - Serial Number UK29767
and one (1) New Holland 7308 QA Loader- Serial Number YL288894) or for damages of $12,600.00,
the value of same, in, case plaintiff cannot obtain pessession of same.
For special damages to be detcmfined for defendant's wrongful detention of said
Equipment.
3. For damages for defendant's breach of contract in the amount, as of January 21,
2002, of $11,036.1 O, plus interest at the contractual rate of 7.90% per annum.
4. For New Holland's attorneys' fees and costs of this action.
For such other and further relief as the Court deems just and proper.
Respectfully submitted,
THORP REED & ARMSTRONG, LLP
By:
Brian A. Lawton
One Oxford Centre
301GrantStreet, 14m Floor
Pittsburgh, PA 15219-1425
(412)394-2551
Counsel for New Holland Credit Company, LLC
NEW HOLLAFD
Credit Company
RETAIL INSTALLMENT SALE CONTRACT
AND SECURITY AGREEMENT
ACCT. NO.
CREDITOR (Seller Name and Address)
35 1 1997
'~OU, the Buyer(s), may buy the Property described below for cash or on credit. The cash price is shown
blelow as "Cash Price". The credit price is shown below as "Total Sale Price". By signing this contract,
y'Ou choose to buy the Property on credit under the aflreements on the front and back of this contract.
DESCRIPTION OF PROPERTY
~u.
uu
7305 "~$~''' i 700 OD
Tho above Property is purchased for [] commercial/busines~[~ agricultural use.
DESCRIPTION OF TRADE-IN PROPERTY (if any)
DETAILS OF TRANSACTION
I. Cash Price .............................................
2. Down Payment - Cash ....................... S
Net Trade-in Allowance (See Above)..S
Total Down Payment ....................... S
3. Unpaid Balance of Cash Price (1 - 2)... S
4. Other Charges
Property Insurance Prem um ..... $
Paid To:
Credit Life Insurance Premium ....... S -.,-
Paid To:
Official Fees ................................ S ~'~ ~"
Taxes {Not in Cash Price) ............. $ -,tr~ ~,~
Total Other Charges .................. S
(4)
1, COO.CC
~ ~^^ ^^ (2)
5. Amount Financed (3 plus 4) .................. S~
NO. OF PERIOD OF AMOUNT OF BEGINNING
PAYMENTS PAYMENTS EACH PAYMENT
-)5. Amount Financed (3 plus 4) ........... S ....... (5)
B. Finance Charge ............................... $
7. Annual Percentage Rate ~,~0.~.2.~%
.................. 7.
8..Date Finance Charge Begins to Accrue
If Different From Contract Date) ....
9. Total of Payments (5 plus 6) .........$ ~. ~,,. ,, (9)
10. Total Sale Price
(1 plus 4 plus 6) .......................... $ 30,?CG.75 (t0)
11. Payment Schedule -
You agree to pay to Creditor the Total of Payments
(Item 9 Above) as follows:
[] monthly payments of $ .... on the same
day of emach month beginning
[] Payments as follows (See Below) -
NO. OF PERIOD OF AMOUNT OF
PAYMENTS PAYMENTS EACH PAYMENT BEGINNING
PROPERTY INSURANCE: You are required to insure the Property against loss and damage. Refer to the
"Property Insurance" paragraph on the back for the insurance requirements.
Check Applicable Box
[] By signing below you request the Creditor to try to buy the physical damage insurance coverage shown.
Coverage will be based on the cash value of ~he Property at the time of' loss but not more than the limits of
the policy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO
PROPERTY OF OTHERS.
PROPERTY INSURANCE MAY BE PURCHASED FROM A PERSON OF YOUR CHOICE
You represent that physical damage insurance has been placed on the Property through:
No.
CREDIT LIFE INSURANCE: (NOT REQUIRED TO OBTAIN CREDIT)
to try to buy the credit life insurance coverage shown.
$
Insurer Insured(s) Term (M0s~
By signing below you request the Creditor
Signature(s)
1. PAYMENTS: You must pay the Total of Payments in accordance with the above Payment Schedule. This is a
simple nterest contract. Finance charges will accrue and be earned on a daily basis on the unpaid Amount
Financed at 1/365th (1/366th in a leap year) of the Annua Percentage Rate for each day the unpaid Amount
Financed remains outstanding. The actual finance charge you pay may exceed the disclosed Finance Charge if
you make your payments later than the scheduled dates or in less than the scheduled amount. Your payments
will first be applied to earned and unpaid finance charges and then to the unpaid balance of the Amount
Financed. You may prepay all or any part of tl~e amount due under this contract at any time without penalty.
A partial prepayment will not change or defer your next scheduled payment.
2. LATE CHARGE: You will have to pay a late charge wh ch w accrue and be earned on each payment made
more than ten days after its scheduled due date. The late charge is in addition to the continued accrual of
finance charges on the unpaid Amount Financed at the Annual Percentage Rate. The late charge is (i) 7.5 per
cent of the late payment, (ii) $100.00, or (iii) the highest amount allowed by law, whichever is less. You must
also pay any cost paid by the Creditor to collect any late payment, as allowed by law. Acceptance of a late
payment or late charge does not excuse your., default or mean that you can keep making payments after their
scheduled due date.
3. SECURITY INTEREST: You give the Creditor a secur ty nterest n () the Property, (ii) all parts, accessories,
or other goods attached to the Property, (iii) all money or goods received for the Property (including
insurance proceeds) and, (iv) all insurance premiums financed for you. This secures payment of all amounts
you owe in this contract or under any other contract made by you with Creditor, or when assigned, New
Holland Credit Company, LLC. It also secures your other agreements in this and such other contracts. You
agree that a photocopy or a carbon copy of this contract may be used as a financing statement. You also
agree to sign agreements or papers, including financing statements, reasonably needed by Creditor to protect
its security Interest or to carry out this contract.
NOTICE TO THE BUYER - Do not sign this contract before you read it or if it contains any blank spaces.
You are entitled to an exact copy of the contract you sign.
Buyer acknowledges receipt of a true and completely filled in copy of this contract at the time of signing.
BUYE D~A' .1~I~LIJI4BING NEATzNG BUYER
· SIGN '~~ SIGNS
SEE BACK FOR ADDITIONAL AGREEMENTS
ACCEPTANCE AND ASSIGNMENT - By signing be. low, the Creditor accepts this contract and, If no other
Assignee is named In a separate assignment attached to this contract, the Creditor assigns it to New Holland
Credit Company, LLC under the Assignment on the back,gl this contract.
PRINTED IN USA
231038 REV, 1197 Prevl0ul idltlanl may not bi Ulld, ORIGINAL. ASSIGNED TO NHCC
ADDITIONAL
; ': I[.@I~_f:-P.~,-:I~0,,.I: .>',, - ~,~:;:~,.IE un'J,!r this ' '~ .... i! -
,',:quadt;lf:t ~11 ill' I¢¢~, il-.w.~S made or ~rovided t= Cr,')rJ,h.,~: ~,iv) you fi~,a, or h~'e Cited ~g;18~.~ ~)~
qf tp; s~e gl,J~ i~surance oroeeeds (if anv), but les% ~:or~ts of repossessh~g, transporting, repairing, refurbishing and selling tht
;;,4 d~,qc;~¢,c'¢ u;;(m demand. 'To the extent pe¢rnitbed by ~aw. ,tau agree to psy a~Lorney fees and :eg;,i cusps incurred by Creditor
Qf Creditor.
~O~) iNSUHACaCE' Y~p~ln:;ure yoursei,~tho ~redl~~ ~e ,~ the P~oper,/. ~the firct~ox
5 gurgle% ' ~ ~,, _~v~...f .~., c~t~bs checked~ ~(~?-~i~.%~buy the ~ovar¢~ ~ated but.>~ill
~¢~¢4-~dit 'J~e araount ~8~niLIm to your ~ayment(s). If' the sec~i~ecked. ,/au ~s~that you ~ave
,,o: ~-,Py. '_Lt, ,r.; ,1 !,2:;s p~,/se and/ar an additional insured on the policy.
~ ~.* 'p ..... n,~ao Ra~'fVou direct th~s~ t~ make ~y nsur2q~f¢¢¢aeds, proceed* ~hecks or pracee~j~ire~d~
iJt)t (J~8 Property *~; ;nsur~d. you must m~ke ;11 gayfaents due under this contract ~¢ it is last. damaged or destroyed.
USE OF PROPERTY: Ycu must maintain the Property and koep it in good working order. ~nd obey all la~s in using it. You may
:~o~ ~sil, lease ,~r ',~{ (~e Proper~v, and you must keep i~ free fr~la~¢ 6¢ other";. You wii~ pay .~ll taxes imposed on the
nwngrship or u:;~ ,a~ ~he ProPerty, a~d all other governmental asseverated to the Property. Y~u will use ~he Property only
~¢~ sho~,,n c~ the frcnt of th~s contract, cr ;n any o~her~M0~ef¢[ no mo~e th~ thirty consecutive days. unless you
~~red~to,' c'r,cr written notice. 00.000,~
7. W~NTIES; IN THIS CONTRACT THERE ARE NO EXPR~0~PLIED WARRANTIES ABOUT THE PROPERTY.
INCLUDING. W THOUT LIMITATION WARRANTIES OF MERCH~glT~ SUITABILITY OR ~IT~E~S FOR A PARTICULAR
~r~ ,~r ~:~sign,,o or 2ubsequen~ holder of th~s con,tact any claims,z~ensas or ~e(-offs 'which you may have against the
f~%tfiR REP~ESFNTATI()NS AND ~VARRANTtES: ~f ~her~ ;~ [rede-in pra~er:'/ described on the front of this contrac~ you
~i~tl~ ,,-~lrr:]¢t ,:J~at you own the trade-;n prcpelty and, unl~thero ~s ~ dollar ~mcunt [nsart~d in the "Amount Owing'
,%,~,rant that ~ou ar* purchasing the Proper~¢ and will use it fe~ ~¢mercial. business, or a~ricultural use. and no[
t J 60~ERNiN(j IAi/: The laws of the state in .~nich the original ~I¢~ I~a(ad as shown o~ the froni: of this contract she';
;h¢~ ¢~s~ o~ ;ho c.:r~r,Ict will stii~ be valid.
I , Oil. ii:ali AGil[]E~wli]NI';;: Any change to th~s contract ;nus: be irl writing ~nd signed by you ace the" '*: ¢ The failure by Credmtc
-,,tuber of the F,::ue, t'.'. "r'~u vv!il ~ermR Creditor to ;nsg¢Jct the Pr~/~.¢'t r~.~ time. d3~O~ ~
A~SI(~NMENT
'~VOR-'W~rHOUT RECOURSE" Thru Assignment o~ th~ Comract ~ ~nd ~h~ be withom recourse ~ggin~ Seller, except as
omerw,se prowded by the terms of the NHCC Retail P~n in effect at the time this Assignment becomes effective.
"REPURCHASE" Seller guarantees payment of the full amount remaining unpmd under the Contract and covenants if default
be re:ids .] payment of shy installment thereunder to pay the full amount men unpaid to NHCC, upon demand, except as
other~ise provided bv the term2 of t~e NHCC Retail Plan in effect al the time this Assignment becomes effective.
PLAN" Except for breach of any of the foregoing warranties this Assignment shall be
...... 4 by ~l~a agreement heretoJgr,,,e executed by NHCC and Seller wire respect to such Plan.
{ {
L.,v,,T~D GUARANTY" In addition to the Lerms of the NHCC Retail Plan initialed by Seller above, Seller unconditionally
guarantees the Buyer(s) obligations under the Contract as follows (specify):
"----"~ "FULL GUARANTY" Notwithstanding the terms of the NHCC Retail Plan, Seller unconditionally guarantees payment of the full
amount remaining unpaid under the Contract and agrees to purchase the Contract from NHCC, upon demand, for the full
Inmal amount tl~en unpaid whether the Contract shall then be. or not be. in default.
OHI:A~H ,i Di, llS~UJ'l ~JA~O
.03 TMNMqlUI~I W ~4 R
FINANCING STATEMENT (~'~/~:,-4-Y'797 ?-
PARTIES
Debtor name {last name first ii individual) and mailing address:
Dmals Plumbing & Heating
~ Carlisle l~ad
N~l~rille, Pa. 17241
Oe§to~cnamo Ilast name first il indMduall and mailing address:
Uniform Commercial Code Form UCC-1
IMPORTANT-Please read instructions on
reverse'side of page 4 before completing
Filing No. (stomped by filing officer):
Date, Time Filipg Offi~:~(stamj]qd by filing office
-<;FF, I ' ' :) :'r~
Debto/'Jname (last name first if individual) and mailing address:
lb
..-;.E, · .
This Financing Statement is presented lot filing pursuant to }he[Uuiform"(~mmer~i3~ode,
and is to he liled with the (check applicable box):
[] Secretary of the Commonwealth.
~[3 Prothonotary of C'Ll.m~erland
[] real estale records of
Number of Additional Sheets (if any):
Secured Party(les) names(s) (hist name first if individual) and address
Optional Special Identification (Max. f 0 characters):
COLLATERAL
Identify collateral by item and/or type:
County.
County.
for security interest in~rmatien:
R & W Equipment co.
35 E. Willow Street
Carlisle, Pa. 17013
Assignee(s) of Secured Party name(s) (last name first if individual) and
address for security interest information:
New Holland Credit 'co.
200 Commerce Street
Mountville, Pa. 17554 2a
Special Types of Parties (check if applicable):
[] The terms "Debtor" and "Secured Party" mean "Lessee" and "Lessor,"
respectively.
[] The terms "Debtor" and "Secured Party" mean "Consignee" and
"Consignor," respectively.
[] Debtor is a Transmitting Utility,
3
SECURED PARTY SIGNATURE(S)
This statement is filed with only the Secured Party's signature to perfect
a security interest in collateral (check applicable box(es))-
a. [] acquired after a change of name, identity ar corporate structure of
tire Debtor.
b. [] as to which the filing has lapsed.
c. already subject to a security interest in another county in Pennsylvania:
r"lwilefl the collateral was moved to this county.
[]when the Debtor's residence or place of business was moved to
this county.
d. already subject to a security interest in another jurisdiction-
r-iwhen the colJateral was moved to Pennsylvania.
[]when the Debtor's location was moved to Pennsylvania.
e. r"] which is proceeds of the collateral described in block 9, in which a
security interest was previously perfected (also describe proceeds in
block 9, [f purchased with cash proceeds and not adequately
described on the original financimj statement).
Secured Party Signature(s)
(required only il hex(es) is checked above):
New, New Holland 1220 Tractor s/n UC28284
New, New Holland 930B Rear Finishing Mwr'
s/n AiAD274
New, New Holland 1715 Tractor s/n UK29767
New, New Holland 7308 QA Loader s/n YL28889,
[] (check only if desired) Products of the collateral are also covered.
Identify related real estate, if applicable: The collateral is, or includes (check appropriate box(es))-
a. [] crops growing or to be grown on -
b. l"I goods which are or are to become fixtures on -
c. [] mmerals.~r the like (including oil and gas) as extracted on -
d. [] accounts resulting from the saJe of minerals or the like (including oil and gas) at the wellhead
minehead on -
the following real estate:
Street Address: '
Described at: Book of (check one) [] Deeds [] Mortgages. at Page(s)
for County. Uniform Parcel Identifier
[] Described on Additional Sheet.
Name of record] owner (required only if no Debtor has an interest of record):
DEBTOR SIGNATURE(S)
Debtor Signature(a):
'-..,
David Deal
ia
lb
RETURN RECEIPT TO:
New Holland Credit co.
200 Commerce Street
Mountville, Pa. 17554
ACKNOWLEDGEMENT · County only.
NOTE - Do not send this paqe to the Oepartment of State.
1
R.~ietr~, I
Brian A. Lawton
Diredt Dial 412 394 2551
Emaik blawton~thorpreed.c~m
ATTORNEYS AT LAW SINCE 1895
VIA CERTIFIED MAIL -
RETURN RECEIPT REQUESTED
AND VIA FIRST CLASS MAIL
Pittsburgh
Philadelphia
Princeton
Wheeling
Thorp Reed & Armstrong, LLP
One Oxford Centre
301 Grant Streel, 141h Floor
Pittsburgh, PA t5219-1425
412 394 7711
412 394 2555 Fax
James Hoover
49 Mountain Lane
Newburg, PA 17240
Re;
January 2, 2002
New Holland Credit Company, LLC
Account No. 0216547977-02090001
Models: New Holland 1715 Tractor and New Holland QA Loader
(collectively, the "Equipment")
Serial Nos.: UK29767 and YL288894
Sale Contract: March 29, 1997 (the "Agreement'')
Dear Mr. Hoover:
This firm represents New Holland Credit Company, LLC ("New Holland"). New
Holland is the assignee of the referenced Agreement, and thus holds a lien on the
Equipment Deals Plumbing & Heating ("Deals Plumbing") purchased from R & W
Equipment Co. and which you, upon information and belief, as one of the former general
partners &Deals Plumbing, currently possess.
Your failure to make all payments when due constitutes a default under the Agreement.
Accordingly, New Holland hereby elects, as it is entitled to do under the Agreement, to
declare the entire balance due under the Agreement exclusive of unearned interest. On
behalf of New Holland we hereby demand payment, in accordance with the terms of the
Agreement, of the amount itemized below:
Current principal balance
Current interest balance
Other fee balance
Late charges
SUBTOTAL
Attorneys' fees
REQUIRED PAYMENT
$ 9,244.00
1,160.67
168.67
424.54
$11,002.13
40.00
$11.042.1,3
The Agreement also provides that you will reimburse New Holland for expenses and
reasonable attorneys' fees which it incurs in the enforcement of its rights under the
Agreement, including costs of repossession and disposition of the Equipment. Our
attorneys' fees for this demand letter are $40.00 and have been included in the Required
Payment. · FURTHER PROCEEDINGS ARE NECESSARY, ALL ADDITIONAL
ATTORNEYS' FEES AND COSTS WILL BE ADDED TO THE BALANCE DUE.
James Hoover January 2, 2002
Page 2
Your cashier's or certified check for $11,042.13 should be made payable to the order of
"New Holland" and sent to New Holland at 100 Brubaker Avenue, New Holland,
Pennsylvania 17557, attention: Bang On Buthdy so that New Holland receives it not
later than January 14, 2002. Any and all questions regarding this account must be
directed to Bang On Buthd¥, Le~,al Specialist. at (800) 777-6308 ext. 2302. In the
alternative, you may contact New Holland, prior to the above date, to arrange for the
turnover of the Equipment for which the Equipment's value will be credited against the
required payment, but you will continue to be liable for any deficiency amount still due.
If New Holland does not receive the payment as described in the preceding paragraph,
New Holland will exercise any and all rights and remedies that it deems necessary or
appropriate under the Agreement and applicable law, including, without limitation,
recovering the Equipment and obtaining a judgment against you for any deficiency after
sale of the Equipment.
Nothing in this letter is intended to be a waiver or release of any rights or remedies that
New Holland has under this Agreement or applicable law, and all such rights and
remedies are hereby expressly reserved in their entirety.
Very truly yours,
Brian A. Lawton
BAJ_,/bcd
VERIFICATION
I, Bang On Buthdy, a Legal Specialist employed by New Holland Credit Company. LLC,
verify that the facts set forth in the foregoing Complaint in Assumpsit and in Replevin are true and correct
to the best of my knowledge or infoi~v, ation and belief. I understand that false statements hereto are made
subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities.
New Holland Credit Coixipany, LLC
IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, LLC,
Plaintiff,
JAMES HOOVER,
Defendant.
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CIVIL DIVISION
No. 02--602 Civil Term
PRAECIPE TO REINSTATE
COMPLAINT
Filed on Behalf of Plaintiff:
NEW HOLLAND CREDIT COMPANY,
LLC
Counsel for Plaintiff.'
Brian A. Lawton
Pa. I.D. No. 82093
THORP REED & ARMSTRONG, LLP
One Oxford Centre
301 Grant Street, 14th Floor
Pittsburgh, PA 15219-1425
(412) 394-2551
IN TH~, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, LLC, )
)
Plaintiff, )
)
v. ) No. 02-602 Civil Term
)
JAMES HOOVER, )
)
Defendant. )
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the complaint to allow for service on the defendant.
Respectfully submitted,
THORP REED & ARMSTRONG, LLP
Brian A. Lawton
One Oxford Centre
301 Grant Street, 14t~ Floor
Pittsburgh, PA 15219-1425
(412) 394-2551
Counsel for New Holland Credit Company, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, LLC, )
)
Plaintiff, )
)
v. ) No.
)
JAMES HOOVER, )
)
Defendant. )
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 of 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 ATTORNEY AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
O~'~'ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, LLC, )
)
Plaintiff, )
)
v. ) No.
)
JAMES HOOVER, )
)
Defendant. )
INTRODUCTION
This is an action for repossession of specific goods and for money damages arising out of
defendant, James Hoover's ("Hoover") possession of certain property securing the performance of Deals
Plumbing & Heating (hereinafter "Deals Plumbing") which is in default for nonpayment and otherwise
under the terms of a Retail Installment Sale Contract and Security Agreement whereby plaintiff, New
ttolland Credit Company, LLC (hereinafter "New Holland"), as assignee ofR&W Equipmem Company,
financed Deals Plumbing's purchase of the following equipment~ one (1) New Holland 1715 Tractor -
Serial Number UK29767 and one (1) New Holland 7308 QA Loader- Serial Number YL288894.
PARflES
1. Plaintiff, New Holland, is a limited liability company organized under the laws of
the State of Delaware and authorized to conduct business in Pennsylvania, having a usual place of
business at 100 Brubaker Avenue, New Holland, Pennsylvania 17557-0917.
2. Defendant, Hoover, is an adult individual having a last known address of 49
Mountain Lane, Newburg, Cumberland County, Pennsylvania 17240.
ACCOUNT2165479770209 0001000
3. On or about March 29, 1997, Deals Plumbing, a general partnership consisting of
David Deal and Hoover, executed a Retail Installment Sale Contract and Security Agreement (the
"Contract") whereby New Holland, as assignee of R&W Equipment Company, 35 East Willow Street,
Carlisle, Pennsylvania 17013 (the "Dealer"), financed Deals Plumbing's purchase of the following
equipment: one (1) New Holland 1220 Tractor - Serial Number UC28284, one (1) New Holland 9308
Rear Finishing Mower -Serial Number A5AD274, one (1) New Holland 1715 Tractor - Serial Number
UC29767, and one (1) New Holland 7308 QA Loader - Serial Number YL288894 (the "Collateral"). The
cash sale price for the Collateral was $23,500.00. A copy of the Contract is attached hereto as Exhibit
"A" and incorporated herein.
4. Pursuant to the terms of the Contract, Deals Plumbing agreed to pay New
Holland the amount financed of $22,423.50, payable, with interest at the rate of 7.90% per annum, in
seventy-one (71) monthly payments of $392.05 each, beginning April 29, 1997 and one (1) final payment
of $393.20 due March 29, 2003, for a gross balance of $28,228.75.
5. Pursuant to the terms of the Contract, Deals Plumbing granted New Holland a
purchase money security interest in the Equipment to secure payment of all amounts owed under the
Contract. Copies of the filed Uniform Commercial Code financing statements are attached hereto as
Exhibit "B" and incorporated herein.
6. At the request of Deals Plumbing, New Holland released its lien against a portion
of the Collateral consisting of the New Holland 1220 Tractor - Serial Number UC28284 and New
Holland 9308 Rear Finishing Mower- Serial Number ASAD274. New Holland's security interest
continues in the New Holland 1715 Tractor - Serial Number UK29767 and the New Holland 7308 QA
Loader - Serial Number YL288894 (collectively, the "Equipment").
7. It is believed and therefore averred that/n February, 1999, that Deals Plumbing
has dissolved as a general partnership and that Hoover took possession of the Equipment.
8. Deals Plumbing and/or Hoover failed and refused to make timely payments to
New Holland and is in default under the terms of the Contract. As of JanuaE/21, 2002, there was an
outstanding arrearage due New Holland by Deals Plumbing in the amount of $5,813.52 representing the
outstanding monthly payment due September 29, 2000 through December 29, 2001, late charges in the
amount of $424.54 and other fees in the amount of $168.92.
9. Despite numerous demands by New Holland, Deals Plumbing and/or Hoover
failed and refused to pay his obligations due and owing to New Holland pursuant to the Contract.
10. As a result of Deals Plumbing's default under the Contract, New Holland
declared the entire unpaid balance of the Contract to be immediately due and payable and New Holland
has an immediate and exclusive right to possession of the Equipment. A copy of the acceleration letter
mailed January 2, 2002 to Hoover ~s attached hereto as Exhibit "C" and incorporated herein.
11. Upon information and belief, Hoover continues to use the Equipment without
paying New Holland, causing diminution in the value of New Holland's collateral.
12. As of January 2 l,. 2002, the amotmt due and owing New Holland by Deals
Plumbing under the Contract was calculated as follows:
Current principal balance
Current interest balance
Late charges
Other fees
BALANCE DUE AS OF 10/3/01
$9,244.00
1,198.68
424.50
168.92
$11,036.10
13. Upon information and belief, based upon information provided by a
representative of the Dealer, the approximate average wholesale value for equipment of similar age,
make, and model as the Equipment is $12,600.00.
00331539.D0C
COUNT I
BREACH OF CONTRACT
14. New Holland incorporates herein by reference the allegations of Paragraphs 1
through 13 of the Complaint as if expressly set forth herein.
15. As a result of Deals Plumbing's failure to make its payments and to otherwise
comply with its other obligations under the Contract, Hoover, as a general partner of Deals Plumbing, is
liable to New Holland ~n the total amount, as of January 21, 2002, orS11,036.10, plus intel'est at the
contractual rate of 7.90% per annurr, and attorneys' fees and costs.
16. If Hoover continues to wrongfully detain the Equipment, New Holland will
continue to incur special damages in an amount which cannot be computed until removal of the
Equipment from Hoover's possession is complete, but which include the amounts set forth in Paragraph
12 efth/s Complaint together with amounts expended to recover the Equipment, including the cost of
personnel and equipment necessary to re/hove the Equipment ~rom Hoover's possession.
COUNT H
RECOVERY OF PERSONAL PROPERTY
17. New Holland incorporates herein by reference the allegations of'Paragraphs 1
through 16 of this Complaint as if expressly set forth herein.
18. As a result of Deals Plumbing's and/or Hoover's default of the payment and
other obligations under the Contract, New Holland is entitled to immediate possession of the Equipment
from Hoover and Hoover is obligated to immediately surrender possession of the Equipment.
action:
PRAYERS FOR RELIEF
WHEREFORE, plaintiff, New Holland Credit Company, LLC, prays in this replevin
1. For judgment in favor of New Holland Credit Company, LLC and against James
Hoover for the recovery of the Equipment (one (1) New Holland 1715 Tractor - Serial Number UK29767
and one (1) New Holland 7308 QA l_oader - Serial Number YL288894) or for damages of $ I2,600.00,
the value of same. in case plaintiff cannot obtain pessession of same.
For special damages to be determined for defendant's wrongful detention of said
Equipment.
3. For damages ibr defendant's breach of con~'act in the amount, as of January 21,
2002, orS11,036.10, plus interes'~ at the contractual rate of 7.90% per annum.
4. For New Holland's attorneys' fees and costs of this action.
For such other and further relief as the Court deems just and proper.
Respectfully submitted,
THORP REED & ARMSTRONG, LLP
Br/an A. Lawton
One Oxford Centre
301 Grant Street, 14t~ Floor
Pittsburgh, PA 15219-1425
(412) 394-2551
Counsel for New Holland Credit Company, LLC
RETAIL INSTALLMENT SALE CON-FRACT ~ccr.
AND SECURITY AGREEMENT
0~3~-29-1997
CREDITOR (Seller Name and Addres,%b
'ecu, the Buyer(s), may buy the Property described below for cash or on credit. The cash price is shown
blelow as "Cash Price". The credit price is shown below as "Total Sale Price". By signing this contract,
you choose to buy the Property on credit under the agreements on the front and back of this contract.
DESCRIPTION OF PROPERTY
~"~i/U I ,~-~ ]~bbr~iDMAKE ,~¢,4~I~PE I 4~EL I S~L~UMBER
I
Tho above Property is purchased for ~ commercial/busines~ agricultural use.
~,, iOUU · UU
i,700.00
.~ M ~f~, ~j~ TYPE
DESCRiPTiON OF TRADE-IN PROPERTY {if any)
" , :'..:. IS ....... '.~.~
I
DETAILS OF TRANSACTION
~. Cash Price ............................................. $
2. 0own Payment - Cash ....................... $
Net Trade-in Allowance (See Above)..5
Total Down Paymeot ....................... $
3. Unpaid Bataece of Cash Price (1 - 2)... S
4. Other Charges
Property Insurance Premium ........... $
Paid To:
Credit Life Insurance Premium ....... $
Paid To:
Official Fees ................................ S
Taxes (Not in Cash Price) ............. S
$
Total Other Charges .................. $
5. Amount Financed (3 plus 4) .................. $
~ ~nn nn {1)
2 50% 0¢
....... (3)
NO. OF PERIOO OF AMOUNT OF
PAYMENTS PAYMENTS EACH PAYMENT BEGtNNING
71 1 Ko~ Ch 222,05 04-25-:17
1 1 .....,-,,,,,,.,, 393.20 v~-~-vo ......
~5. Amount Financed {3 plus 4) ........... $
S. Finance Charge ............................... $
7. Annual Percentage Pate ..................
8..Date Finaece Charge Begins to Accrue
If Different From Contract Date) ....
9. Total of Payments {5 plus ~) ......... $
10. Total Sale Price
(1 plus 4 plus 8) .......................... $
11. Payment Schedute -
You agree to pay to Creditor the Total of Payments
(Item 9 Above) as follows:
7.90
....... (101
Imonthlypayments of $ ;4/A on the came
day of each month beginning 19
[] Paymente as f011ows (See Below) -
NO. OF PERIOD OF AMOUNT OF
PAYMENTS PAYMENTS EACH PAYMENT BEGINNING
PROPERTY INSURANCE: You are required to insure the Property against loss and damage. Refer to the
"Property Insurance" paragraph on ',he back for the insurance requirements.
Check Applicable Box
[] 87 signing bl,.low you request the Creditor to tr't to buy the p.~'/sicat damage insurance coverage shown.
Coverage will be based on the cash value of the Property at the time o¢ ices but not more than the limits cf
~hr; policy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO
PROPERTY OF OTHERS. ~
PROPERTY INSURANCE MAY BE PURCHASED FROM A PERSON OF YOUR CHOICE
~[~ You represent that physical damage insurance has been peaced on the Property through:
J"J;~ ~h ~ ~'~ ~,~ir a~e~ q~m p a n y J.u,~/ No. i;~A/IA N~mea~K{~ent
,~gents ~'n0ne ~o. '"ueduct~ble
CREDIT LIFE INSURANCE: (NOT REQUIRED TO OBTAIN CREDIT)
to try to buy the credit life insurance coverage shown.
By signing below you request the Creditor
Insurer Insured(s) Term (Mos,) Pre~01~ Signature(s}
1. PAYMENTS: You must pay the Total of Payments in accordance with the above Payment Schedule. This is a
simple interest contract. Finance charges wdl accrue and be earned on a daily basis on the unpaid Amount
Financed at 1/365th (1/366th in a leap year} of the Annual Percentage Rate for each day the unpaid Amount
Financed remains outstanding. The actual finance charge you pay may exceed the disclosed Finance Charge if
you make your payments later than the scheduled dates or in less than the scheduled amount. Your payments
will first be applied to earned and unpaid fin.ance charges and then to the unpaid balance of the Amount
Financed. You may prepay all or any part of the amount due under this contract at any time without penalty.
A partiat prepayment will not change or defer your next scheduled payment.
2. LATE CHARGE: You will have to pay a late charge which will accrue and be earned on each payment made
more than ten days after its scheduled due date. The late charge is in addition to the continued accrual of
finance charges on the unpaid Amount Financed at the Annual Percentage Rate. The late charge is (J) 7.5 per
cent of the late payment, (ii) $100.00, or (iii) the highest amount allowed by law, whichever is less. You must
eJso pay any cost paid by the Creditor to collect any late payment, as aJlowed by law. Acceptance of a late
payment or late charge does not excuse your. default or mean that you can keep making payments after their
scheduled due date.
3. SECURITY INTEREST: You give the Creditor a security interest n () the Pro~erty, ( ) a parts, accessories,
or other goods attached to the Property, (iii) all money or goods received for the Property (including
insurance proceeds} and, (iv) all insurance premiums financed for you. This secures payment of all amounts
you owe in this contract or under any other contract made by you with Creditor, or when assigned, New
Holland Credit Company, LLC. It also secures your other agreements in this and such other contracts. You
agree that a photocopy or a carbon copy of this contract may be used as a financing statement. You also
agree to sign agreements or papers, including financing statements, reasonably needed by Creditor to protect
its security interest or to carry out this contract.
NOTICE TO THE BUYER - Do not sign this contract before you read it or if it contains any blank spaces.
You are entitled to an exact copy of the contract you sign.
Buyer acknowledges receipt of a true and completely filled in copy of this contract at the time of signing.
BUYE~siGN~ ~__ ~ B~ER
. - SIGNS
SEE BACK FOR ADDITIONAL AGREEMENTS
ACCEPTANCE AND ASSIGNMENT - By signing ,be. low, the Cred tot accepts this contract and, if no other
Assignee is named In a separate assignment attacne~ to this contract, the ~reditor assigns it to New Holland
Credit Company, LLC under t~e Assignment on the backer this contract.
231038 REV. 1197 Pre~lou~ editions may not be u~ed. ORIGINAL. ASSIGNED TO NHCC PRINTED IN USA
~1~ ~Jam:P~rc''n~fiO ~ ;You direct rh~ ~s'~(' ~ ma~e azv
~%~ s~.t'.',n .:n .~. front of '~" cortr~c:. Or n any c~her~OO~f~
O0.O00~Z
7. ~V~NTIES; l~l THIS CONTRACT THERE ARE NO EXPR~00~MPL~ED 'vVA~RANTIES ABOUT THE PROPERTY.
~N~LUI)ING ~V THOUT L M TAT ON. ~JARRANTIES CJF MERCH~IT~ 5UiTAB L TY OR FITNESS FOR A PARTICULAG
7~X Oa,C~
Sc.'er*,J,J b'/ 'ha aqreement hereto~gr,,9 executed by NHCC and Sel!er wi(~ roc~ec~ to sJch Plan.
GUARANTY" tn addition to the ~erms of the NHCC Retail F!=n initialed by Seller above. Seller un¢onaitionatJy
gu;rantees tho Buyer(s) obligations un6er the Contract as foIIo~*~s (specify):
L
'FULL GUARANTY" Notwithstanding the terms of the NHCC Retail Plan, Se!let unconditionally guarantees payment of the full
PARTIES
name (last name first il i,~dividual) and mailing address:
D~als Plumbing & Heatinu
~ Carlisle R~ad
h~,~ville, Pa. t7241
Debtor:name (Iast name first if individual) and mailing address:
Oebto¢:narne (last name lirsl if individual) and mailing address:
lb
SecurodParty(ies) names(s)(lastname firstifindividual) ondaddress
R & W Equipment co.
35 E. Willow Street
Carlisle, Pa. 17013
Assignee(s) of Secured Party name(s) (last name first if individual) and
address for security interest information:
New Holland Credit co.
200 Commerce Street
Mountville, Pa. 17554
2a
Special Types of Parties (check if applicable):
r-IThe terms "Debtor" and 'Secured Party" mean "Lessee" and "Lessor,"
respectively.
I'~The terms "Debtor" and 'Secured Party" mean "Consignee" and
"Consignor," reepec~veiy.
[] Debtor is a Transmitting Utility.
SECUREO PARTY SIGNATURE(S)
This statement is flied with only the Secured Party's signature ta perfect
a security interest in collateral (check applicable box(es))-
a. [] acquired after a change el name. identity er corporate structure of
tho Debtor.
b. [] as m which the riling has lapsed.
c. already subject to a security in~erest in another county in Pennsylvania:
~when the collateral was moved 1o this counW.
[]when the Debtor's residence or place of business was moved to
this county,
d. already subject to a security interest in another jurisdiction-
C~when the ca~lateral was moved to Pennsylvania.
[]when the Debtor's location was moved to Pennsylvania.
e, C3 which is proceeds of the collateral described in block 9, in which a
secority interest was previously perfected (also describe proceeds in
block 9, if purchased wilh cash proceeds and nat adequately
described on the original financing statement).
Secured Party Signature(s)
(required only if box(es) is checked above):
FINANCING STAT~NI[,'~ ~-~,,
Uniform Commercial Code ~3rm UCC-1
IMPORTANT-Please road instructions an
reverse side of pa~. 4 before completing
Filing No. (stamped by filing office~p Date, Time, Fili?g Offic~_,(stamj~d by filiz~§ of fi
_ ,:. , ,~
This Financing S[atement
an~ ~s to he ~ile~ with the (check ap~hcable ~ox):
~ Secretary of the Commonweat;h.
~Pro~honotaryof C~e~ County.
Number of Additional Sheets/if any):
Optional Special Identification (Max. f 0 characters):
COLLATERAL
Identify collateral by item and/or type:
New, New Holland 1220 Tractor s/n UC28284
New, New Holland 930B Rear Finishing Mwr'
s/n ASAD274
New, New Holland 1715 Tractor s/n UK29767
New, New Holland 7308 QA Loader s/n YL2888~
[] (check only if desired) Products of the collateral are also covered.
Identify related real estate, if applicable: The collateral is, or includes (check appropriate box(es))-
a. [] crops growing or to be grown on -
b. [] goods which are or are to become fixtures on -
c. [] ~'terals.~r the like (including oil and gas) as extracted on *
d. [] acoounts resulting from the sale of minerals or the like (including oil and gas) at the wellheac
minehead on -
the following real estate:
Street Address:
Described at: Book ef (check one) [] Deeds [] Mortgages, at Page(s)
for County. Uniform Parce~ Identifier
[] Oescribed on Additional Sheet.
Name of' recor~J owner (required only if no Debtor has an interest of record):
OEBTDR SIGNATURE(Sa
Debtor Signature(s):
Da¥~d Deal
fe
lb
RETURN RECEIPT TO:
New Holland Credit co.
200 Commerce Street
Mountville, Pa. 17554
FILING OFFICE ACKNOWLEDGEMENT -Counly only.
VIA CERTIFIED MAIL -
RETUlhN RECEIPT REQUESTED
AND VIA FIRST CLASS MAIL
James Hoover
49 Mountain Lane
Newburg, PA 17240
January 2, 2002
Re:
New Holland Credit Company, LLC
Account No. 0216547977-02090001
Models: New Holland 1715 Tractor and New Holland QA Loader
(collectively, the "Equipment")
Serial Nos.: UK29767 and YL288894
Sale Contract: March 29, 1997 (the "Agreement")
Dear Mr. Hoover:.
This firm represents New Holland Credit Company, LLC ("New Holland"). New
Holland is the assignee of the referenced Agreement, and thus holds a lien on the
Equipment Deals Plumbing & Heating ("Deals Plumbing") purchased fi.om R & W
Equipment Co. and which you, upon information and belief, as one of the former general
partners of Deals Plumbing, currently possess.
Your failure to make all payments when due constitutes a default under the Agreement.
Accordingly, New Holland hereby elects, as it is entitled to do under the Agreement, to
declare the entire balance due under the Agreement exclusive of unearned interest. On
behalf of New Holland we hereby demand payment, in accordance with the terms of the
Agreement, of the amount itemized below:
Current principal balance
Current interest balance
Other fee balance
Late charges
SUBTOTAL
Attorneys' fees
REQUIRED PAYMENT
$ 9,244.00
1,160.67
168.67
424.54
$11,002.13
40.00
$11.042.13
The Agreement also provides that you will reimburse New Holland for expenses and
reasonable attorneys' fees which it incurs in the enforcement of its rights under the
Agreement, including costs of repossession and disposition of the Equipment. Our
attorneys' fees for this demand letter are $40.00 and have been included in the Required
Payment. IF FURTHER PROCEEDINGS ARE NECESSARY, ALL ADDITIONAL
ATTORNEYS' FEES AND COSTS WILL BE ADDED TO THE BALANCE DUE.
James Hoover
Page 2
January 2, 2002
Your cashier's or certified check for $I 1,042.13 should be made payable to the order of
"Ne~v Holland" and sent to New Holland at 100 Bmbaker Avenue. New Holland,
Pennsylvania 17557, attention! Bang On Buthdy so that New Holland receives it not
later than January 14, 2002. Any and all questions re~ardin= this account must be
directed to Bamz On Buthd¥. Le=al Soecialist. at (800) 777-6308 ext. 230? In the
alternative, you may contact New Holland, prior to the above date, to arrange for the
turnover of the Equipment for which the Equipment's value will be credited against the
required payment, but you will continue to be liable for any deficiency amount still due.
If New Holland does not receive the payment as described in the preceding paragraph,
New Holland will exercise any and ail hghts and remedies that it deems necessary or
appropriate under the Agreement and applicable law, including, without limitation,
recovering the Equipment and obtaining a judgment against you for any deficiency after
sale of the Equipment.
Nothing in this letter is intended to be a waiver or release of any fights or remedies that
New Holland has under this Agreement or applicable law, and all such rights and
remedies are hereby expressly reserved in their entirety.
Very truly yours,
Brian A. Lawton
BAL/bcd
VERIFICATION
I, Bang On Buthdy, a Legal Specialist employed by New Holland Credit Company. LLC,
verify that the facts set forth in the foregoing Complaint in Assumpsit and in Replevin are true and correct
to the best of my knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa,C.S.A. §,~904, relating to unswom falsification to authorities.
Date: (~iqx, ~: ~
Legal Sp'C~ialist
New Holland Credit Company, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY,
LLC,
Plaintiff,
V.
JAMES HOOVER,
Defendant.
)
)
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)
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)
)
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)
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CIVIL DIVISION
No. 020-602
SUGGESTION OF BANKRUPTCY
STAY
Filed on Behalf of Plaintiff.'
NEW HOLLAND CREDIT COMPANY,
LLC
Counsel for Plaintiff
Brian A. Lawton
Pa. I.D. No. 82093
THORP REED & ARMSTRONG, LLP
One Oxford Centre
301 Grant Street, 14th Floor
Pittsburgh, PA 15219-1425
(412) 394-2551
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, ) CIVIL DIVISION
LLC, )
)
Plaintiff, )
) No. 020-602
v. )
)
JAMES HOOVER, )
)
Defendant. )
SUGGESTION OF BANKRUPTCY STAY
NOW COMES Plaintiff, New Holland Credit Company, LLC ("New Holland")
and states asfollows:
1. Defendant James Hoover ("Hoover") filed a voluntary petition for relief
under Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the Middle
District of Pennsylvania that was assigned Case No. 1-02-00433. Pursuant to §362 of the
Bankruptcy Code, all judicial action against Hoover is stayed.
WHEREFORE, New Holland respectfully requests that this action be stayed as
against James Hoover.
Respectfully submitted,
THORP REED & ARMSTRONG, LLP
Brian A. Lawton
One Oxford Centre
301 Grant Street
Pittsburgh, PA 15219
(412) 394-2551
Pa I.D. No. 82093
Counsel for New Holland Credit
Company, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NEW HOLLAND CREDIT COMPANY, )
LLC, )
)
Plaintiff, )
)
v. )
)
JAMES HOOVER, )
)
Defendant. )
)
CIVIL DIVISION
No. 020-602
CERTIFICATE OF SERVICE
This is to certify that on this /.a~-~ day of April, 2002 1 caused a true and correct
copy of the foregoing Suggestion of Bankruptcy Stay to be served by first-class U.S. Mail,
postage prepaid upon the following individuals:
James K. Jones, Esquire
Law Offices of James K. Jones, Esquire
7 Irvine Row
Carlisle, PA 17013-3019
Brian A. Lawton
-3-