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Home My WebLink About02-3320HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. STEPHEN MCNALLY Pa. ID No. 59576 Eleven Penn Center, 29th Floor 1835 Market Stxeet Philadelphia, PA 19103 Telephone: (215) 563-4470 Teleeopier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA NA CHASE MANHATTAN BANK USA NA 250 W. Huron Ave. Cleveland, OH 44101 Plaintiff SHERYL HALL 66 Tiffany Dr. Shippensburg, PA 17257 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION- LAW COMPLAINT IN REPLEVIN DOCKET No. O~, - ,~3,2(~ 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 COURTHOUSE SQUARE 4TH FLOOR CARLISLE, PA 17013 Telephone: (570) 240-6195 AVISO Le han demandado a usted en la corte. Si usted quiere defedarse de estas demandas expuestas en las paginas sigulentes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hate falta asentar una comparesencia ascfita o en persona o con un abogado y entregar a la torte en forma asorica sus defenses o sue objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y pueda continuar la demanda en contra suya sin previo aviso o notificaeion. Ademas, la corte pueda decidir a favor del demandante y requiere que usted cumpia con todas las provisiones de esta demanda. Usted puede perder dinaro o sus propiedades u ostros dereehos importantes para usted. CUMBERLAND COUNTY BAR ASSOCIATION COURTHOUSE SQUARE 4TH FLOOR CARLISLE, PA 17013 Telephone: (570) 240-6195 Dated: ,2002 HARVEY, PENNINGTON, CABOT~ By:r'a~/I { ~ I\ I STE-"I~IE~ ~VI~LLY, Esquire A~omeys for Pl~ntiff, Chase M~aR~ B~ USA NA HARVEY, PENNINGTON, CABOT, GRIFFITH & RENNEISEN, LTD. STEPHEN MCNALLY, Esq. Pa. ID No. 59576 Eleven Penn Center, 29th Floor 1835 Market Street Philadelphia, PA 19103 Telephone: (215) 563-4470 Tel¢¢opier: (215) 568-1044 Attorneys for Plaintiff, Chase Manhattan Bank USA NA CHASE MANHATTAN BANK USA NA 250 W. Huron Ave. : Cleveland, OH 44101 : Plaintiff SHERYL HALL 66 Tiffany Dr. Shippensburg, PA 17257 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN REPLEVIN DOCKET No. (~. -22~) COMPLAINT-CML ACTION Plaintiff, Chase Manhattan Bank USA NA, by and through its attorneys, Harvey, Pennington, Cabot, Ca/frith & Renneisen, Ltd., brings this action by way of Complaint and in support thereof, avers as follows: 1. Plaintiff is Chase Manhattan Bank USA NA, (hereinafter "Plaintiff') a corporation authorized to do business in the Commonwealth of Pennsylvania, with a place of business located at 250 W. Huron Ave., Cleveland OH, 44101. 2. Defendant, Sheryl Hall (hereinafter "Defendant") is an adult individual with her principal address located at 66 Tiffany Dr., Shippensburg, PA, 17257. 3. On August 4, 2000, Defendant purchased from Mt. Rock Homes Inc. a 1999 Commodore, Mobile Home, Vehicle Identification Number CX 34181AB (the "Mobile Home"), and borrowed the sum of $47,413.76 from FirstMerit Bank NA ("the Lender"), to finance the purchase of the Mobile Home. 4. On August 4, 2000, Defendant executed and delivered to Lender, an Installment Sales Contract (the "Contract") evidencing the aforesaid purchase and Loan. A true and correct copy of the Contract is attached hereto as Exhibit "A". 5. In order to secure the amount borrowed, Defendants granted a security interest in the Mobile Home and Lender duly perfected that security interest by causing its lien to be recorded on the Certificate of Title to the Mobile Home. A tree and correct copy of the Certificate of Title is attached hereto, made a part hereof and marked Exhibit "B". 6. By written assignment Lender assigned all right, title and interest in and to said Contract and Loan to Chase Manhattan Bank USA NA, Plaintiff, herein with all right, title and interest in an to the Loan, including the right to commence legal action to recover the balance due and possession of the Mobile Home. A true and correct copy of the Assignment is attached hereto as Exhibit "C". COUNT I-BREACH OF CONTRACT 7. Plaintiff incorporates the averments of paragraphs 1 through 6, hereof, as if fully set forth at length. 8. The Loan provided for repayment of the sum borrowed (called "Principal") with interest at the rate of 9.9% per annum or $13.12 per diem, in consecutive, monthly installments of $415.74 commencing on September 4, 2000 until the entire amount of Principal together with accrued interest were paid in full. 9. Defendants breached the terms and conditions of the Loan and became in default thereof by reason of their failure to make the monthly payment that was due on February 4, 2002 and all subsequent payments due thereafter. 10. Because of the Defendants' default of the repayment terms in the Loan, Plaintiff has chosen to accelerate all outstanding sums owed under the terms of the Loan in accordance with the terms therein. 11. Defendants owe Plaintiff the following amounts and demand is hereby made for payment of same: (a) Principal (b) Interest to 6/19/02 (c) Attorneys' Fees (d) Court Costs (filing & service) Total 12. $47,299.56 $2,028.21 $ 900.00 $ 15o.5o $50,378.27 Notice pursuant to the provisions of 69 Pa. C.S.A. Section 623(G)(1) was provided to the Defendant at least thirty (30) days prior to the commencement of this action. A tree and correct copy of the Notice of Intent to Take Action is attached hereto, made a part hereof and marked Exhibit "D". 13. Despite demand for payment, Defendants have failed to make payment of the amount due or any portion thereof. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants in the amount of $50,378.27, plus continually accruing interest from and after June 19, 2002 at $13.12 per day or 9.9% per annum, additional attorneys fees, costs of suit and such other and further relief as this Court deems appropriate. COUNT II-REPLEVIN 14. Plaintiff incorporates the averments of paragraphs 1 through 13, hereof, as if fully set forth at length. 15. In accordance with the terms of the Loan, and the provisions of the Uniform Commercial Code as enacted in Pennsylvania, Plaintiff is entitled to immediate possession of the Mobile Home and hereby demands same. 16. Despite demand for possession by Plaintiff, Defendant has remained in possession of the Mobile Home to the exclusion of Plaintiff. 17. Plaintiff believes that unless it is granted immediate possession of the Mobile Home, the value will continue to decline and Defendant may do damage to it, sell it, conceal it or remove it from this County, all of which will deprive Plaintiff of a full recovery of the amount owed and cause Plaintiff immediate and irreparable harm. 18. The Value of the Mobile Home is estimated to be not more than the Total Debt. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in replevin for possession of the Mobile Home or its equivalent resale value as of the time of default, plus reasonable attorneys' fees, costs of suit and such other and further relief as this Court deems appropriate. Dated: ~,/o~/o~ HARVEY, PENNINGTON, CABOT, GI~IF.FITIt &/lt~E,~NEISEN, LTD. By: S T EPItLZ~I~iq~AI[ L~,~quire of Cha~e Mtnhtttan Mortl~ge Corpor~on, servicing ag~t for the pl~in~ff, and, as such am authm'~zed to mnke t~s veriflc~on on th¢i~ behalf. I ve~'~.f~ that th~ a,~a~,c'~ contac, ed in the fore$oin~ Complain'~ are true and correct. I understand that ~ts¢ sUtt~ents ~ are rn~e suBjec~ to the pc~t~cs of 18 P~.C.S.A. § 4904 relating to unswom f~ificadon ~ Da~.~, 2002 I4.all CHASE MANHA'I~AI~ MORTGA~R C~TION FAIR DEBT COLLECTION PRACTICES ACT-VALIDATION NOTICE 1. If you feel that thc above amount is not the true amount of your debt, or if you feel that you do not owe the debt or that amount, you should contact STEPHEN MCNALLY, Esq. 2. If you notify STEPHEN MCNALLY, Esq. in writing within 30 days after you receive this notice that you dispute the validity of the debt (or any part of it), we will obtain any necessary additional verification of the debt, or a copy of any judgment that has been entered against you, and we will mail you a copy of such verification or a copy of any judgment. 3. Upon your written request within this 30 day period, we will gladly furnish you with the name and address of the original creditor, if it is different from the one shown above. 4. Notice is hereby given that unless you do dispute the validity of the above debt (or any part of it) within 30 days after you receive this notice, we will assume that the debt is your just and honest debt. YOU ARE HEREBY ADVISED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THAT THIS FIRM MAY BE DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A ANNUAL I FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS i TOTAL SALE PRICE NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT iS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE OEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOT~CE TO BUYER Do not sign this Contraot In blank. x EXHIBIT B C EI~'~IF[CAT~' OF TITLE FOR A VEHICLE EXHIBIT C SELLER'S ASSIGNMENT AND WARRANTY EXHIBIT D CHASE SHERYL A HALL 66 TIFFANY DR SHIPPENSBURG , PA 17257-0000 DECEMBER 13 2001 NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT Name, Address, and Telephone of Creditor: Chase c/o Chase Manhattan Mortgage Corp., 250 West Huron, Cleveland, Ohio 44113. 216-479-2500. Account Number: 00001101727178 Brief identification of credit transaction: Retail Contract or note secured by a manufactured home. You are now in default on this credit transaction. You have a right to correct this default within thirty(30) days of the postmarked date of this notice. If you correct the default, you may continue with the contract as though you did not default. Xour default consists of: Failure to make payments as. agreed. Cure of default: Within thirty (30) days of the postmarked date of this notice, you may cure the default by paying: The past due amount of $ 831.48 which includes $ 0.00 in late fees. Creditor's rights: If you do not correct your default in the time allowed, we may exercise our rights against you under the law which include: Repossessing or foreclosing on the collateral, including all furniture, appliances, and equipment (and real estate, if any) in which we have a security interest, taking a judgment against you, accelerating your loan, filing suit, and any other remedies available to us under applicable laws. If you have any questions, write Chase Manhattan Mortgage Corporation at the above address or call 800-243-8979 between the hours of 8:00 AM and 9:00 PM Monday through Thursday, 8:00 AM through 5:00 PM Friday, or 8:00 AM to 1:00 PM Saturday. If this default was caused by your failure to make a payment, or payments, and you want to pay by mail, please send a check or money order. Do NOT send cash. Chase Manhattan Mortgage Corporation ANGELA JOHNSON This is an attempt to collect a debt. will be used for that purpose. 500 Any information obtained 5