HomeMy WebLinkAbout02-0938IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
M & T BANK, Successor by merger
to ONBANK & TRUST CO.,
Plaintiff, No. Oo~ --
VS.
JOSEPH RHINEHART a/k/a
JOSEPH C. RHINEHART and
JOLENE RHINEHART a/k/a
JOLENE K. RH1NEHART,
COMPLAINT IN REPLEVIN
Defendants,
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Lori A. Gibson, Esquire
PA I.D. #68013
THE BERNSTEIN LAW FIRM, P.C.
1133 Penn Avenue
Pittsburgh, PA 15222
(412) 456-8100
BERNSTEIN FILE NO. R0014106
41060131
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, Successor by merger
to ONBANK & TRUST CO.,
Plaintiff,
VS.
No.
JOSEPH RH1NEHART a/k/a
JOSEPH C. RHINEHART and
JOLENE RHINEHART a/k/a
JOLENE K. RHINEHART,
Defendants,
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 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
Two Liberty Avenue
Carlisle, PA 17013
Telephone: 717-249-3166
(1-800) 990-9108
41060131
COUNT I - REPLEVIN
1. Plaintiff, M & T Bank, Successor by merger to OnBank & Trust Co., and maintains offices
located in Williamsville, NY 14221.
2. Defendants, Joseph Rhinehart a/k/a Joseph C. Rhinehart and Jolene Rhinehart a/k/a Jolene K.
Rhinehart, area adult individuals with the last known address of 13 Park Street, Mt. Holy Springs,
Cumberland County, Pennsylvania 17065.
3. Plaintiff is the holder of a Personal Loan Note and Disclosure Statement (hereinafter the
"Note") and Security Agreement secured by a mobile home duly executed and delivered by Defendants, on
or about June 10, 1997. A true and correct copy of the Note and Security Agreement is attached hereto,
marked as Exhibit "1" and made a part hereof.
4. Pursuant to said Note and Security Agreement, Defendants took possession of the mobile
home more particularly identified in the Note as a used 1994 Skyline Mobile Home, Serial Number 3311-
0915G.
5. Under the terms of the Note, Defendants were to make one hundred twenty (120) consecutive
monthly payments of $178.98, beginning July 10, 1997.
6. The total amount due to Plaintiff pursuant to the Note was $21,477.60.
41060131
7. 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 part hereof.
8. Defendants are in default of the terms of the Note because Defendants have failed to make
the required monthly payments.
9. Plaintiff is entitled to immediate possession of the said mobile home, which Plaintiff
holds a security interest in and any proceeds of the vehicle, including insurance proceeds by virtue of
Defendants' default.
10. Defendants have made partial payment under the Note leaving an unpaid balance in the
amount of $9,827.88 as of January 31, 2002.
11. Plaintiff avers that the Note provides for interest at the rate of 11% per annum.
12. Plaintiff avers that interest at the rate of 11% amounts to $376.15 as of January 31, 2002.
13. Plaintiff avers that the Note provides for late charges on unpaid balances.
14. Plaintiff avers that the late charges amount to $93.48 as of January 31, 2002.
15. Plaintiff has performed all conditions precedent as holder of all right, title and interest in the
collateral, but Defendants wrongfully remain in possession of the mobile home at the above-stated address.
41060131
16. 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 $12,108.00.
17. Under the terms of the Note, Defendants have undertaken to pay Plaintiff its reasonable costs
of the retaking possession of the collateral.
WHEREFORE, Plaintiff prays for Judgment against Defendants, jointly and severally, in Count I
of this Complaint in Replevin, as follows:
A. For possession of the mobile home, more particularly identified as a used 1994 Skyline
Mobile Home, Serial Number 3311-0915G or, in the alternative for damages of
$12,108.00, the value of the vehicle, plus continuing interest at the aforesaid rate of 11%,
in the even that recovery of the vehicle 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 1N CONTRACT FOR IN PERSONAM DAMAGES
19. 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.
20. In the alternative to Count I, Plaintiff pleads an action in Note as a result of the Defendants'
default for the accelerated balance due under the Note in the amount of $10,297.51, plus appropriate
additional interest at the rate of 11% per annum on the balance due from January 31, 2002 and costs.
41060131
21. Under the terms of the Note, Plaintiff is entitled to recover reasonable attorneys' fees and
costs of retaking possession of the collateral.
accrue.
22. Plaintiff avers that such attorneys' fees amount to $500.00 to date and said fees cominue to
23. Contemporaneously hereunder, Defendants have been advised of their 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 Defendants, jointly
and severally, in the amount of $10,797.51 plus continuing interest at the aforesaid rate of 11% per annum
from February 1, 2002, reasonable attorney's fees and expenses for re/)a~ng possession and costs.
Lori ~. ~bson~ Esquire
PA I.D. #68013
The Bemstein Law Firm, P.C.
1133 Penn Avenue
Pittsburgh, PA 15222
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAIMED WILL BE USED FOR THAT
PURPOSE.
41060131
FORM PAS42A-11b (Rev. 8/96)--Direct Mobile Home (Re, ~4) SIMPLE iNTEREST -- WITH LATE CHARGE
PERSONAL LOAN NOTE, SECURITY AGREEBENT
AND DISCLOSURE STATEMENT-Mobile Home Date of Note .rU*[qE 10 ,1997
Itemization of Amount Financed
ANNUAL FINANCE Amount Financed Total of Payments
PERCENTAGE CHARGE The amount of credit provided 1he amount you will have paid after $ ] 2.905. O0
The COOt of your credit credit will Cost you. $ N/A
11.00 % $8f&82.60 $12,995.00 21,&,77.60 $12.~on.oo
...... ~ ,1,9 e[.~,. ?j~ tO insuram:e company
1'70 $ 178-
$ : S N/A
Security: You are giving a security iritereot in the Mobile Home heine purchased. ~; t ~.'-' ~ '~9~l'"~J ; T.,TI~.T~ .J~flot,~ p,,hu,- ].~'~E
See below ,nd your other coot,act d~curDento for any adddiona, iotorma~Jop about non.~a, yp~L dotau~ any required.,. [,~yment Jn toil bern, i to
the scheduled dste, andpmpaymentrefondsaedpecaltles. '~r ' '1 - ~ Z- '-7 5av' $ 25.00
In this Installment Loan Note and Security Agreement (which is called the 'Note"), the Annual Percentage Rata, Payment Schedule, Finance Charge, Amount Financed and Total Paymer
are shown in the above boxes one are pad et this Note. You are the person or persons who sign as 'Borrower" below. If more than one person signs as 'Burrower" or Co-Signer" helc
each of you will he iomtly and severally liable on this Note.
YOU PROMISE
TOPAYTOUS: T-'A'~'G"k~C COR.POBJ~TTON, 11/~0 ROUTE 3].5, ~'rLKE.q-]~A~RZ~]~, PA 18711
or to our order, at any of our branch offices, the Total ot Payment~ as provided in the Payment Schedule above, in the number of equal monthly payments as shown in the Paymt
Schedule. Payments are due beginning off the date indicated iff the Payment Schedule and on the some day of each following month until we are paid in full.
SECURI~ AGREEMENT: To secure repayment of this Note, in addition to any other mortgage or security agreement executed in connection with this Note, ~f any, you EWe us a lien
securiby interest in the teltswing Mobile Home, including edditioDe, accessories and attachments to the Mobile Home, and the proceeds, including insurance proceeds, of such Mot
Home (but not including later acquired consumer scuds uther than accessions).
N/U Year and Manufacturer Len~h & Width Color & Model Serial Number
FLOOD INSURANCE: II checked r"l, insurance is required by us against flood damage to the Mobile Home And/or improved real property securinl this Note.
PROPERTY INSURANCE: You are required to obtain nod maintain, for the full term of this Note, insurance against physical damage to the Mobile Home and its contents. Such insuror
must be written by on insurance company Hcensed in the State where the Mobile Home is permanently kepL The insurance policy must have I Iose.peyoble clause in our favor and prov
us with at least 10 days notice of cancellation or reduction in Coverage. The minimum coverage must insure ogsinst fire, theft end combined additional Coverage. Liability idsuror
coverage for bodily injury afKI property damage caused to others is not included unless otherwise indicated.
PROPERTY INSURANCE AND FLOOD INSURANCE COVERAGE MAY GE OBTAINED ~rROM ANY AGENT, BROKER OR INSURER OF YOUR CHOICE.
You rely obtain pmpelly insurance for o period of ' months for o premium cost of $ . The cost ot the property insurance may he included in the Amount Rnsnc
of this Noth.
Agent's Numa Addmse
CREDIT INSURANCE IS NOT REQUIRED: Subject to uccotXauce by the insurer named below, credit insurance is availab4e thrucgh us fo~ the term of this Note at the Co~t(s) shown bell
Stoihe Credit Lifo thsurunce and Sin&de Credit Accident & HeoRh insurance are aveiMbM to uny one Borrowe~ si~nleg for insurance below, Joint Credit Life insurance is available to b
Bonlwers sapling for insurance below. No credit insurance will be pfDeided unless the appropriate statement(s) is signed by the Borrower(s) to be insured ucd the Costs shown below.
iuciuded in the Amount Financed. (See the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side,)
By signin& you wont Sin&de Credit Life Insurance,
which(misS W/&
Sillnature of Borrower to be insured for Sin&de Credit Life
What is your age? Years
By signing, you went Single C~edit Accident & Health
Irsurauce which coots $ fl/A
Signature of Borrower th be insured for Single Credit
Accident & HeaRh Insurance
Whet is your age? Years
Dy sigein& you both want Joint Credit Life Insurance
which co~s $ What are
~ / A you~ ages?
] Yea
Sigrmtume of both Bormwere to be insured
for Joint Credit Lite ImuranDe
THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
BY SIGNING BELOW, YOU INTEND TO BE LEGALLY BOUND BY ALL OF TNE TERMS OF THIS NOTE.
YOU ALSO ACKNOWLEDGE RECEIVING A COMPLETED COPY OF THIS NOTE.
Address13 PARK STREET
].~. HOLLY, PA 17065
AcIdres~
NOTICE TO CO-SIGNER
You are being asked to guarantee this debt. Think carefully before you do. If the Borrower doesn't pay the debt, you will haw
to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.
You may have to pay up to the full amount of the debt if the Borrower does not pay. You may also have to pay late fees o~
collection costs, which increase this amount.
The Creditor can collect this debt from you without first trying to collect from the Borrower. The Creditor can use the swm~
collection methods against you that can be used against the Borrower, such as suing you, etc. If this debt is ever in default, that fac'
may become a part of your credit record.
['.n-SIGNER'S SURE~ AGREEMENT: You. the Demon (or nsreons] signing as "Co-Signer" below, promise to pay ta us or to GUi: order th~.lolel of P~'me.n.&s. plus interest ,and oth.e
Signature of Borrower to be nsured for Single Credit Lite
Insurance
Whet is your age? Yearn
Signature ot Borrower to be insured for Single Credit
Accident & Health Insurance
What is your age? Years
L
Signatures of both Borrowers to be insured
for Joint Credit die Insurance
Yeera
THE ADDITIONAL PROVISIONS ON THE REVERSE SIDE ARE PART OF THIS NOTE.
BY SJGNING BELOW, YOU INTEND TO BE LEGALLY BOUND BY ALL OF THE TERMS OF THIS NOTE.
YOU ALSO ACKNOWLEDGE RECEIVING A COMPLETED COpy OF THIS NOTE.
JOSEPH RItlNEHART
Borrower's Signature ~
Addrasol3 PARK STREET
HT. HOLLY, PA 1___~7065
Address
NOTICE TO CO-SIGNER
You are being asked To guarantee this debt. Think c~refully before you do. if the Borrower doesn't pay the debt, you will have
to. Be sure you can ufford to pay if you have to, und that you want to accept this responsibility.
You may have To pay up to the full amoun! of the debt if the Borrower does not pay. You may also have to pay late fees or
collection costs, which increuse this umount.
The Creditor can collect this debt from you without first trying go collect from the Borrower. The Creditor can use the slime
collection meghods aguinst you thug can be used against the Borrower, such as suing you, etc. If this debt is ever in defuult, that fact
may become a part of your credit record.
CO-SIGNER'S SURETY AGREEMENT: You, the person (or persons) signing es "Co-Signer*' below, promise to pay to us or to our order the TotoI of Payments p/us interest end other
charges, as provided in this Note. You intend to bo legally bound by ill the terms of this Note, separately and together, with he Borrower. You are making th~' promise to induce us to
make the loan to the Borrower, even though the proceeds wilt be used only for the Borrower's benefit. You ngres that we may seek immediate payment from you without making eny
prier demand for payment upon the Borrower, You also ackonwiedEe receiving s completed copy of this Note,
~-Signer's Signature Address Oeto
De~ t--ig'--~
)-OWNER'S SECURIT7 AGREEMENT: You, the person signing as'Ce-Owner' below tngether with the Borrower or otherwise bein ag ef the ow
the Collateral identified above I the Ce~teml consists of personal proAq~v mu ~-res ~- ~ k........ ........... g. onrs o Um CellotoraL ~ent us e sucufity interest
. g by he erms of the M You ere .... Y ng contemed m the Note the Collateral consists of
rrower et ag sums due under this Note ff -mn aM.... I..or t~..a,.ge:, granting ns th~s s~cunty m ere~ to educe us to make the lean to the Borrower and to
................ the Cedetera~, there rem.,us e.~ sum sOg don us on the NO., yoU.iP~ .et be o.~.t, to my us~U~$.~ paget by the
:o-Owner's Sigfleture
'~'COnSUMER FORM PASS~.Hb ~le~ e/161 NOTICE: SEE REVERSE SlOE FOR IMPORTANT INFORMATtON
10,552
DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF TITLE FOR A VEHICLE
972590018004928-001
6AlI0861G I 94 SKYLINE 47452972002 RH
0013
0NBANK & TRUST CO ~
034006
ONBANK ~ TRUST CO
P 0 BOX 5218
SYRACUSE NY 13321
CD
O0
O0
4~
BRADLEY L MALLORY
SUE~SCRiBE D AND SWORN
TO EEFORE ME'
NAME
DATE:
FAIR DEBT COLLECTION ACT 30-DAY NOTICE
By law, this law firm is required to advise you that unless within 30 days after receipt of this
notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by
us. If said notification is sent to us in writing, we are required to provide you with verification of the
debt. In the event within a 30-day period you request in writing the name of the original creditor, it will
be provided to you if different from the current creditor. In the event that you dispute the debt and/or
request the name of the original in writing within the 30-day period, no further action will be taken to
obtain a Judgment in the pending lawsuit until the verification and/or name of the original creditor has
been provided to you.
This law firm is attempting to collect this debt for our client and any information obtained will be
used for that purpose.
The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate
and distinct from the foregoing Complaint, which must be responded to in conformity with the
instructions therein. Because of'lhe difference in time parameters, we will not move for Default Judgment
for at least thirty (30) days from the date of service of this Complaint upon you, and if you request
verification, we will not move for Default Judgment until a reasonable time after verification has been
provided, and after the expiration of the thirty (30) day period from the date of service.
41060131
VERIFICATION
The undersigned does hereby verify subject to the penalties of Pa. C.S. § 4904 relating to unswom
falsification to authorities, that he/she is the ~-~z~o~/E~/ ,~?e-~ t/! -< o ~--/
~/h~//~ t~,c-f! ~ for the Plaintiff herein, that he/she is duly authorized to make this
Verification, and that the facts set forth in the forgoing Complaint in Replevin are tree and correct to the
best of his/her knowledge, information and belief.
41070131
SHERIFF' S RETURN - REGULAR
CASE NO: 2002-00938 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
M&T BANK
VS
RHINEHART JOSEPH ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
RHINEHART JOSEPH AKA JOSEPH C RHINEHART the
DEFENDANT
, at 1504:00 HOURS, on the 13th day of March , 2002
at 13 PARK STREET
MT HOLLY SPRINGS, PA 17065
by handing to
JOSEPH C RHINEHART
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this /9 ~ day of
~ ~ A.D.
~ ~rothonotary '
So Answers:
03/13/2002
BERNSTEIN KRAWEC WYMARD
SHERIFF' S RETURN - REGULAR
CASE NO: 2002-00938 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
M&T BANK
VS
RHINEHART JOSEPH ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
RHINEHART JOLENE AKA JOLENE K RHINEHART the
DEFENDANT
, at 1504:00 HOURS, on the 13th day of March , 2002
at 13 PARK STREET
MT HOLLY SPRINGS, PA 17065
by handing to
JOLENE K RHINEHART
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /q ~ day of
Prothonotary '
So Answers:
R. Thomas Kline
03/14/2002
BERNSTEIN KRAWEC WYMARD
By:
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, successor by merger
To ONBANK & TRUST CO.
Plaintiff(s)
Vs
No. 02-938 Civil
PRAECIPE FOR JUDGMENT IN
POSSESSION AS TO JOSEPH
RH1NEHART a/ka JOSEPH C
RHINEHART AND JOLENE aJk/a
JOLENE K RH1NEHART AND FOR
MONEY JUDGMENT AS TO
JOLENE RHINEHART aJk/a JOLENE
K RHINEHART, ONLY
JOSEPH RH1NEHART aJl~a JOSEPH C
RHINEHART and JOLENE RH1NEHART
A/k/a JOLENE K RHINEHART
Defendant(s)
FILED ON BEHALF OF
Plaimiff(s)
COUNSEL OF RECORD OF
THIS PARTY:
LORI A. GIBSON, ESQUIRE
PA ID#68013
JON MCKECHNIE, ESQUIRE
PA ID#36268
Bemstein Law Firm, P.C.
Firm #718
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
DIRECT DIAL: (412) 456-8114
BERNSTEIN FILE NO. R0014106
NOTICE
THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, successor by merger
To ONBANK & TRUST CO.
Plaintiff
vs. Civil Action No. 02-938 Civil
JOSEPH RHINEHART a/k/a JOSEPH C
RHINEHART and JOLENE RHINEHART
A/k/a JOLENE K RHINEHART
Defendant
PRAECIPE FOR JUDGMENT 1N POSSESSION AS TO JOSEPH RHINEHART a/k/a JOSEPH
C RHINEHART JOLENE RHINEHART aJkda JOLENE K RHINEHART AND FOR MONEY
JUDGMENT AS TO JOLENE RHINHART a/k/a ONLY
To the Prothonotary:
Kindly enter Judgment against the defendant above named, in the default of an Answer, as
follows:
COUNT I - REPLEVIN AS TO BOTH DEFENDANTS
A. For possession of a used 1994 Skyline Mobile Home, Serial # 33110915G.
B. Expenses, including reasonable attorney's fees, associated with the repossession,
which will amount to at least $500.00.
COUNT II - BREACH OF CONTRACT AS TO JOLENE RH1NEHART
A/k/a JOLENE K RHINEHART ONLY
Amount claimed in Complaint
$10,797.51
Interest from 2/1/02 to 5/5/02 on 9,827.88 ~ 11%
$ 275.45
TOTAL $11,072.96
I hereby certify that appropriate Notices of Default, as attached have been mailed in
accordance with PA R.C.P. 237.1 on the dates indicated on the Notices.
IRM, P.C.
Attorney for Plaintiff
1133 Penn Avenue
Pittsburgh, PA 15222
(412) 456-8100
Plaintiff: c/o Bernstein Law Firm, P.C., 1133 Penn Ave., Pgh, PA 15222
Defendant: 13 Park Street Mt. Holly Springs, PA 17065
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, ASSIGNEE OF
TAMMAC CORPORATION
Plaintiff
VS.
JOSEPH RHINEHART a/k/a JOSEPH C
RHINEHART and JOLENE RHINEHART
Pdk/a JOLENE K RHINEHART
Defendant
Civil Action No. 02-938
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( )Gamishee
Your are hereby notified that the
following Order or Judgment was
entered against you on (a - tO ~ 0 o~
(xx) Assumpsit Judgment in
COUNT I For Possession for a used 1994
Skyline Mobile Home Serial #
33110915G and in COUNT II for
Money Judgment in the amount of
$11,072.96
( ) Trespass Judgment in the amount
of $__ plus costs.
Jolene Rhinehart a/ka Jolene K Rhinehart
13 Park Street
Mt. Holly Springs, PA 17065
()
If not satisfied within sixty (60)
days, your motor vehicle operator's
license and/or registration will
be suspended by the Department of
Transportation, Bureau of Traffic
Safety, Harrisburg, PA.
(xx)
Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
~ Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, Successor by merger
to ONBANK & TRUST CO.,
Plaintiff
VS.
JOSEPH RHINEHART a/k/a JOSEPH C.
RHINEHART and JOLENE RHINEHART a/k/a
JOLENE K. RHINEHART,
Civil
Defendant
IMPORTANT NOTICE
TO:
JOSEPH RHINEHART a/k/a JOSEPH C. RHINEHART
13 PARK STREET
MT. HOLLY SPRINGS, PA 17065
Date of Notice: APRIL 24, 2002
YOU ARE IN DEFAULT BECAUSE YOU HAVE .FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JLrDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
Two Liberty Avenue
Carlisle, PA 17013
Telephone: 717-249-3166
(1-800) 990-9108
BERNSTEIN LAW FIRM, P.C.
BY:
Lori A. Gibson
Attorney for Plaintiff
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, Successor by merger
to ONBANK & TRUST CO.,
Plaintiff
VS.
JOSEPH RI-ffNEHART a/k/a JOSEPH C.
RHINEHART and JOLENE RHINEHART a/k/a
JOLENE K. RHINEHART,
Defendant
Civil Action No. 02-938 Civil
IMPORTANT NOTICE
TO:
JOLENE RHINEHART a/k/a JOLENE K. RHINEHART
13 PARK STREET
MT. HOLLY SPRINGS, PA 17065
Date of Notice: APRIL 24, 2002
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITI-ffN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
Two Liberty Avenue
Carlisle, PA 17013
Telephone: 717-249-3166
(1-800) 990-9108
BERNSTEIN LAW FIRM, P.C.
BY:
Lori A. Gibson
Attorney for Plaimiff
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904
relating to unswom falsification to authorities, that the parties against whom Judgment is to be
entered according to the Praecipe attached are not members of the Armed Forces of the United
States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief
Act of 1940. The undersigned further states that the information is true and correct to the best of
the undersign's knowledge and belief and upon information received from others.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, ASSIGNEE OF
TAMMAC CORPORATION
Plaintiff
VS.
JOSEPH RHINEHART a/k/a JOSEPH C
RHINEHART and JOLENE RHINEHART
A/k/a JOLENE K RHINEHART
Defendant
Civil Action No. 02-938
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
Your are hereby notified that the
following Order or Judgment was
entered against you on ~ff3 ~ C/~
(xx) Assumpsit Judgment in
COUNT I Possession only for a used 1994
Skyline Mobile Home Serial #
33110915G.
( ) Trespass Judgment in the amount
of $__ plus costs.
Joseph Rhinehart a/ka Joseph C Rhinehart
13 Park Street
Mt. Holly Springs, PA 17065
()
If not satisfied within sixty (60)
days, your motor velxicle operator's
license and/or registration will
be suspended by the Department of
Transportation, Bureau of Traffic
Safety, Harrisburg, PA.
(xx)
Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
~) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
PRO IONOTAR (ql; DEPUT' J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, successor by merger
To ONBANK & TRUST CO.
Plaintiff(s)
No. 02-938 Civil
VS.
PRAECIPE FOR WRIT OF POSSESSION
JOSEPH RH1NEHART a/k/a JOSEPH C
RHINEHART and JOLENE RH1NEHART
A/k/a JOLENE K RH1NEHART
Defendant(s)
FILED ON BEHALF OF
Plaintiff(s)
COUNSEL OF RECORD OF
THIS PARTY:
LORI A. GIBSON, ESQUIRE
PA ID#68013
JON MCKECHNIE, ESQUIRE
PA ID#36268
Bemstein Law Firm, P.C.
Firm #718
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
DIRECT DIAL: (412) 456-8114
BERNSTEIN FILE NO. R0014106
NOTICE
THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, successor by merger
To ONBANK & TRUST CO.
Plaintiff
VS.
JOSEPH RHINEHART a/k/a JOSEPH C
RH1NEHART and JOLENE RHINEHART
A/k/a JOLENE K RHINEHART
Defendant
Civil Action No. 02-938 Civil
PRAECIPE FOR WRIT OF POSSESSION FOR JOLENE RHINEHART aJk/a JOLENE K
TO THE PROTHONOTARY:
RHINEHART ONLY
Kindly issue Writ of Possession in the above matter for a used 1994 Skyline Mobile Home,
Serial #33110915G located at 13 Park Street Mt. Holly Springs, PA 17065.
BERNSTEIN LAW FIRM, P.C.
By'~~x~
Att o~"~h-e2r Ib"f'~aint i ff~
1133 Penn Avenue
Pittsburgh, PA 15222
(412) 456-8100
BERNSTEIN FILE NO. R0014106
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
M & T BANK, successor by merger
to Onbank & Trust Co.
vs.
3oseph Rhinehart a/k/a Joseph
C. ~i~i~ha~L a.d Jul~=
a/k/a Jolene K. Rhinehart
13 Park St.
i-iL. Hully ~= ~ 17065 .
No.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-938 Civil
Term
Costs
Term
Att'y. $15.00
Pl'ff (s) $
Prothy. $ 1. O0
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of CUMBERLAND County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
M & T Bank, successor by merger to Onbank & Trust Co.
Plaintiff (s)
being: (Premises as follows):
1994 Skyline Mobile Home
Serial #33110915G
located at 13 Park St.,
Mt. Holly Springs
PA 17065
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
June 10, 2002
(SEAL)
CURTIS R. LONG
Pr°~h°n~a~Yi C°mmon PI~7 Co~t of Cumberland County, Permsylvania
By virtue of this writ, on the
I caused the within named
day of
, to
have possession of the premises described with the appurtenances, and WR[T OF EXEC'JT[OM
STAYED~
Sheriff'
AS PER ATTY~ PREMISES ARE VACANT
s Costs: Advance Costs:
Sheriff's Costs: 44.70
Docketing: ~8.00
Poundage .87
Proth 1.00
Milage 4.83
Surcharge
20.00
Refunded to Atty on 6/13/02
Sworn a~subscribed to before me this .2, .~ ~s.~~~ ~
/ -- Prothonotary
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, successor by merger
To ONBANK & TRUST CO.
Plaintiff(s)
VS.
JOSEPH RHINEHART affda JOSEPH C
RHINEHART AND JOLENE RHINEHART
A/k/a JOLENE K RHINEHART
No. 02-938 Civil
PRAECIPE FOR SATISFACTION AS
TO POSSESSION ONLY
Defendant(s)
FILED ON BEHALF OF
Plaintiff(s)
COUNSEL OF RECORD OF
THIS PARTY:
LORI A. GIBSON, ESQUIRE
PA ID#68013
JON MCKECHNIE, ESQUIRE
PA ID#36268
Bemstein Law Firm, P.C.
Firm #718
1133 Penn Avenue
Pittsburgh, PA 15222
412-456-8100
DIRECT DIAL: (412) 456-8114
BERNSTEIN FILE NO. R0014106
NOTICE
THIS IS AN ATTEMPT BY A DEBT COLLECTOR TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
M & T BANK, successor by merger
To ONBANK & TRUST CO.
Plaintiff
VS.
JOSEPH RHINEHART a/k/a JOSEPH C
RHINEHART AND JOLENE RHINEHART
A/k/a JOLENE K RHINHART
Civil Action No. 02-938 Civil
Defendant
PRAECIPE FOR SATISFACTION AS TO POSSESSION ON~LY
At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy as to possession
only the above-captioned Judgment.
Sworn to and subscribed
before me this
day
of
,2002
BERNSTEIN LAW FIRM, P.C.
1133 Penn Avenue
Pittsburgh, PA 15222
(412) 456-8100
BERNSTEIN FILE NO: R0014106
Notarial Seal
Cheq/I A. Bauer, Notary Public
.Piitsb..u,.rgh, A_lle[iheny. County
My t;~rnmission ~-xplres juht 22,'2004
("3
CZ
WASHINGTON MUTUAL HOME LOANS,
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.,
PLAINTIFF
VS.
JOHN B. BURTNETT A/K/A
JOHN B. BURTNETT, JR.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
:
: NO. 2002 986
:
: IN MORTGAGE FORECLOSURE
RETURN OF SERVICE
I hereby certify that I hav~ deposited in the U.S. Mails at
Harrisburg, Pennsylvania on O~lOC~lO~- , a true and correct
copy of the Notice of Sale of R~al Estate pursuant to PA R.C.P.
3129.1 to the Defendants herein and all lienholders of record by
regular first class mail (Certificate of Mailing form in compliance
with U.S. Postal Form 3817 is attached hereto as evidence), and
also to the Defendants by Certified Mail. Service addresses are as
follows:
John B. Burtnett a/k/a
John B. Burtnett, Jr.
337 West Green Street
Mechanicsburg, Pa 17055
Borough of Mechanicsburg
c/o David J. Spotts, Esquire
32 So. Bedford Street
Carlisle, PA 17013
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
JOHN W. PURCELL
HOWARD B. KRUG
LEON P, HALLER
,JOHN W. PURCELL .IR.
BRIAN J. TYLER
JILL M. WINEKA
NOTICE TO:
LAW OFFICES
PURCELL, KRUG AND HALLER
1719 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102-2392
TELEPHONE (717) 234-4178
FORECLOSURE DEPT. FAX (717) 234-1206
(717) 533-3836
John B. Burtnett a/k/a
John B. Burtnett, Jr.
337 West Green Street
Mechanicsburg, Pa 17055
Borough of Mechanicsburg
c/o David J. Sports, Esquire
32 So. Bedford Street
Carlisle, PA 17013
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013
JOSEPH NISSLEY (1910-1982)
ANTHONY DiSANTO
OF COUNSEL
HERSHEY
1099 GOVERNOR ROAD
NOTICE IS HEREBY GIVEN to the Defendants in the within action and
those parties who hold one or more mortgages, judgments or tax liens
against the real estate which is the subject of the Notice of Sale
pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached
hereto.
YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution
issued out of the Court of Common Pleas of the within county on the
judgment of the Plaintiff named herein the said real estate will be
exposed to public sale as set forth on the attached Notice of Sale.
YOU ARE FURTHER NOTIFIED that the lien you hold against the said
real estate will be divested by the sale and that.v~ have a~f
opportunity ~o protect your interest, if any,~~g ~f~fied of
said Sheriff s Sale.
By: % / ~ v
Leon P. Haller PA I.D.15700
Attorney for Plaintiff
WASHINGTON MUTUAL HOME LOANS,
INC., SUCCESSOR IN INTEREST BY
MERGER TO FLEET MORTGAGE CORP.,
PLAINTIFF
VS.
JOHN B. BURTNETT A/K/A
JOHN B. BURTNETT, JR.,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
CIVIL ACTION - LAW
:
: NO. 2002 986
:
: IN MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
TAKE NOTICE:
held:That the Sheriff's Sale of Real Property (real estate) will be
DATE:
TIME:
LOCATION:
WEDNESDAY, SEPTEMBER 4, 2002
10:00 O'clock A.M.
Commissioner,s Hearing Room
2nd Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
THE PROPERTY TO BE SOLD is delineated in detail in a legal
description mainly consisting of a statement of the measured
boundaries of the property, together with a brief mention of the
buildings and any other major improvements erected on the land
(SEE DESCRIPTION ATTACHED) ·
THE LOCATION of your property to be sold is:
337 WEST GREEN STREET
MECF~NICSBURG
CUMBERLAND COUNTY
PENNSYLVANIA
THE JUDGMENT under or pursuant to which your property is being
sold is docketed in the within Commonwealth and County to:
NO. 2002 986
is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property
JOI{N B. BURTNETT A/K/A JONN B. BURTNETT, JR.
A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or
governmental or corporate entities or agencies being entitled to
receive part of the proceeds of the sale received and to be
disbursed by the Sheriff (for example, to banks that hold mortgages
and municipalities that are owed taxes) will be filed by the
Sheriff of this County thirty (30) days after the sale and
distribution of the proceeds of sale in accordance with this
schedule will, in fact, be made unless someone objects by filing
exceptions to it within ten (10) days of the date it is filed.
Information about the Schedule of Distribution may be obtained
from the Sheriff of the Court of Common Pleas of the within County
at the Courthouse address specified herein.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF
YOU____~RPR____OPERTY. -- ~ ~ -- ~ __
IT HAS BEEN ISSUED BECAUSE TWRRE IS A JD~GMENT AGAINST YOU.
IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO
PAY TH~EJUDGMENT~
You may have legal rights to prevent your property from being
taken away. A lawyer can advise you more specifically of these
rights. If you wish to exercise your rights, YOU MUST ACT
PROMPTLY.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
717-243-9400
THE LEGAL RIGHTS YOU MAy HAVE ARE:
1. You may file a petition with the Court of Common Pleas of
the within County to open the judgment if you have a meritorious
defense against the person or company that has entered judgment
against you. You may also file an petition with the same Court if
you are aware of a legal defect in the obligation or the procedure
used against you.
2. After the Sheriff's Sale you may file a petition with the
Court of Common Pleas of the within County to set aside the sale
for a grossly inadequate price or for other proper cause. This
petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED.
3. A petition or petitions raising the legal issues or rights
mentioned in the preceding paragraphs must be presented to the
Court of Common Pleas of the within County. The petition must be
served on the attorney for the creditor or on the creditor before
presentation to the court and a proposed order or rule must be
attached to the petition.
If a specific return date is ,desired, such date must be
obtained from the Court Administrator s Office - Civil Division, of
the within County Courthouse, before a presentation of the petition
to the Court.
A copy of the Writ of Execution is attached hereto.
PURCELL, KRUG & HALLER
Attorneys for Plaintiff
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
ALL THAT CERTAIN tract ofground situate on the south side of West Green Street, in the
Borough of Mechanicsburg, in the County of Cumberland and State of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the building line of said West Green Street and at corner of other
lands now or late of William M. Hench, et ux, and intended to be conveyed to M. Roy Zeigler and
Rachael W. Zeigler, his wife; thence along said lands intended to be conveyed to M. Roy Zeigler and
Rachael W. Zeigler, his wife, in a southerly direction 154.573 feet, more or less, to a point on the
northern line of Corman Alley; thence along the northern line of said Corman Alley, South 73
degrees 30 nfinutes West, 62 feet to a point at comer of other lands now or late of William M. Heneh,
et ux, ofwhJch this is a part; thence along said other lands now or late ofWilliam M. Heneh, et ur,,
in a northerly direction 84.005 feet, more or less, to a point at comer of lands ofRobert C. Fry and
Minnie F. Fry, his wife, North 72 degrees 45 minutes East, 8.333 feet to a point; thence further along
tim eastern line of said lot ofsaid Robert C. Fry and Minnie F. Fry, his wife, in a northerly direction,
69.762 feet to a point on the building line of said West Green Street; thence along said building line
ofsaid Wegt'Green Street, North 72 degrees 45 minutes East, 55 feet to a point on the said building
line of said West Green Street, at the place of BEGINNING.
HAVING THEREON ERECTED A DWELLING KNOWN AS 337 WEST GREEN STREET,
MECHANICSBURG, PA !7055
BEING THE SAME PREMISES WHICH John B. Burtnett and Bette J.
Burtnett by deed dated and recorded 7/6/79 in Deed Book N-28 Page
312 granted and conveyed unto John B. Burtnett.
TO BE SOLD AS THE PROPERTY OF JOHN B. BURTNETT A/K/A JOHN B.
BURTNETT, JR., ON JUDGMENT NO. 2002 986.
PARCEL: #19-23-0567-035
Re: WAMU vs. Burtnett
Cumberland 9/4/02
U. S. POSTA~ SERVICE
CERTIFICATE OF MAILINC
_~In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug &Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
John B. Burtnett a/k/a
John B. Burtnett, Jr.
337 West Green Street
Mechanicsburg, Pa 17055
Postmark:
U. S. POSTAL SERVICm
CERTIFICATE OF MAILIN~
(In compliance with Postal Service Form 3877)
Received from:
Purcell, Krug &Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed to:
Borough of Mechanicsburg
c/o David J. Sports, Esquire
32 So. Bedford Street
Carlisle, PA 17013
Postmark:
~. S. POSTAL SERVICE
CERTIFICATE OF MAILINC
Lin compliance with Postal Service Form 3877)
Received from:
Purcell, Krug &Haller Postage:
1719 North Front Street
Harrisburg, PA 17102
One piece of ordinary mail addressed
Domestic Relations Office
Cumberland County Courthouse
Hanover & High Streets
Carlisle, PA 17013