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HomeMy WebLinkAbout13-2693 } i Supreme C. ennsylvania Cou omm -O leas For Prothonotary Use Only: " rf t�r C it',vr h �t r' Docket No: ST um erla County � 3 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint ® Writ of Summons ® Petition El Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T, CRESCENT BANK & TRUST, ET AL. MARISA L. HOOPERT I Are move damages req uested? Yes No Dollar Amount Requested: Swithin arbitration limits Y g 9 (check one) [3outside arbitration limits O N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? ® Yes El No A Name of Plaintiff /Appellant's Attorney: J. Scott Watson, Esouire 0 Check here if you have no attorney (are a Self - Represented JPro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies IJ Malicious Prosecution Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle Debt Collection: Other ® Board of Elections © Nuisance J Dept. of Transportation Premises Liability J Statutory Appeal: Other S 0 Product Liability (does not include Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C 0 Other: ©Employment Dispute: Other [3 Zoning Board T 0 Other: I ' ® Other: O MASS TORT ® Asbestos N I© Tobacco © Toxic Tort - DES i 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS © Toxic Waste E [3 Other: E3 Ejectment ®Common Law /Statutory Arbitration ® Eminent Domain/Condemnation Declaratory Judgment I B ® Ground Rent ® Mandamus ® Landlord/Tenant Dispute Non - Domestic Relations © Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial ® Quo Warranto ® Dental ® Partition x' Replevin ® Legal 0 Quiet Title ® Other: ® Medical ® Other: E3 Other Professional: Updated 1/1/2011 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRESCENT BANK & TRUST, CUMBERLAND COUNTY Assignee of Penrac, LLC COURT OF COMMON PLEAS P.O. Box 1097 ca Chesapeake, VA 23327 M V. - C MARISA L. HOOPERT . lV �c3 - t� wry; 421 Cornman Road Carlisle, PA 17013 y .°_��'�► o 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 any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 (717) 249 -3166 OW CIS � /s3q 9 04 V S w J. SCOTT WATSON, P.C. BY: J. SCOTT WATSON, ESQUIRE Identification Number 41060 24 Regency Plaza Glen Mills, Pennsylvania 19342 (610) 358 -9600 Attorney for Plaintiff CRESCENT BANK & TRUST, CUMBERLAND COUNTY Assignee of Penrac, LLC COURT OF COMMON PLEAS P.O. Box 1097 Chesapeake, VA 23327 V. MARISA L. HOOPERT 421 Cornman Road Carlisle, PA 17013 COMPLAINT IN CIVIL ACTION Replevin 1. Plaintiff, Crescent Bank & Trust, is a corporation organized and existing under the laws of the Commonwealth of Virginia, having an address of P.O. Box 1097, Chesapeake, Virginia 23327, and is the assignee of Penrac, LLC. 2. Defendant, Aisha B. Coleman, is an individual and citizen of the Commonwealth of Pennsylvania, residing at 421 Cornman Road, Carlisle, Pennsylvania 17013. COUNT 3. Plaintiff hereby incorporates the allegations set forth in paragraphs one (1) and two (2) as though the same were more fully set forth at length herein. 4. The property to be replevied is a 2008 Chevrolet Impala, located in Cumberland County, Pennsylvania at the Defendant's above - captioned address at 421 Cornman Road, Carlisle, Pennsylvania 17013. 5. On or about March 31, 2012, the Defendant applied for and was granted a loan. A true and correct copy of the Retail Installment Sale Contract is attached hereto, made a part hereof and marked Exhibit "A ". 6. Pursuant to the Retail Installment Sale Contract attached hereto as Exhibit "A ", the Plaintiff was to be paid $310.31 monthly for sixty (60) months or until completion of the payments for said vehicle. 7. The terms of the contract provided that the Defendant was to make 60 monthly payments of $310.31, beginning May 1, 2012. 8. The Defendant has failed to make timely monthly payments. 9. The unpaid balance of this loan is $11,714.48. 10. Pursuant to the terms of the contract attached hereto as Exhibit "A ", the Defendants agreed to pay all attorney's fees and other costs necessary for the collection of any amount not paid when due. 11. The value of the vehicle is approximately $5,925.00. 12. Plaintiff believes that, unless prevented from doing so, Defendant will damage and or otherwise devalue the vehicle in question, and the Plaintiffs interest therein will be adversely affected by the continued possession and use by the Defendant without payment. .13. Plaintiff believes that, unless prevented from doing so, the Defendant or other persons in possession will conceal, dispose, encumber, waste the property or remove the same from the county. 14. Plaintiff believes that an action for money damages may be inadequate because Defendant may not be able to pay money damages. Wherefore, Plaintiff requests judgment against the Defendant for the vehicle in question located at 421 Cornman Road, Carlisle, Pennsylvania 17013, plus costs of suit, counsel fees, trdnsportation and storage charges. COUNT II - DAMAGES 15. Plaintiff hereby incorporates the allegations set forth in paragraphs one (1) and (2) as though the same were more fully set forth at length herein. 16. This Count is brought in addition to the relief sought in Count I and Plaintiff requests money damages against the Defendant. Wherefore, Plaintiff requests judgment against the Defendant, in the amount of $11,714.48, together with attorney's fees in the amount of $1,500.00, interest from the date of judgment and anticipated court costs of $203.75. J. SCOTT WATSON, ESQUIRE Attorney for Plaintiff d � i st o i'�+f� t �� t • ;�iNt` I � l j o j �'j I o ��� � � �� �Isl � as as ! • I�� 1a�I I• ! d a .�, � ,, `� �� � � � ! j •� i ,� TA ! l ! ;• _ I T Tfl Ji :j ! 1 • � j ;�:) I ! � ! 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I understand that false statements herein are made subject to the penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. Ca"�, - J"U4VJ CALADIA FAULKNER Crescent Bank & Trust DATE: "1 g' ZO 1 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff " _� O-OFFT ern °rz'^'o�,r„ OF THE FRDTHCN Jody S Smith � "e Chief Deputy 2013JUN 14 AM 8: 59 Richard d w Stewart CUMBERLAND CDUfI l'Y PENNSYLVANIA Crescent Bank &Trust vs Case Number Marisa L. Hoopert 1 2013-2693 SHERIFF'S RETURN OF SERVICE 05/23/2013 07:00 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Marisa L. Hoopert, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 421 Cornman Road, North Middleton, Carlisle, PA 17013. Deputies were informed by the owner of this house that the defendant does not reside here but she was a previous tenant.The Carlisle Postmaster was unable to provide a good forwarding address for the defendant. SHERIFF COST'. $46.56 SO ANSWERS,�j/))) — — June 07, 2013 RONNY R ANDERSON, SHERIFF J. SCOTT WATSON,P.C. O THE P PRO 01 f "' , BY: J. SCOTT WATSON, ESQUIRE �� ��r/�ri Y Identification Number 41060 2913 JUG! 24 PM 2: t 24 Regency Plaza CUMBERLAND COUNTY Glen Mills,Pennsylvania 19342 PENNSf,1VI (610) 358-9600 Attorney for P amt '� CRESCENT BANK&TRUST, CUMBERLAND COUNTY Assignee of Penrac, LLC COURT OF COMMON PLEAS V. MARISA L. HOOPERT NUMBER 13-2693 Civil ORDER TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as discontinued and ended upon payment of your costs only. J. SCOTT WATSON,ESQUIRE Attorney for Plaintiff