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Home My WebLink About02-3756Law Offices of David W. Mersky Attorney I.D. No.68895 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 Attorneys for Nazareth National Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN REPLEVIN - LAW NAZARETH NATIONAL BANK & TRUST CO., Plaintiff VS. PAUL D CHERRY and DONNA M. CHERRY, Defendants No. 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 defense or objections to the claims as 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. AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una com parencia escrita o en persona o con tm abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 4th Floor Carlisle, PA 17013 Telephone: (717) 240-6200 LAWOFFIC SOFDA D .MERSKY BY: 5~ David ~v'. I~ 'sky Attorney I. No. 68895 Attomeys: ' Plaintiff 731 North ake Street Lancaster, PA 17602 (717) 291-1413 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION IN REPLEVIN - LAW NAZARETH NATIONAL BANK & TRUST CO., Plaintiff VS. PAUL D CHERRY and DONNA M. CHERRY, Defendants o J No. COMPLAINT The Plaintiff is Nazareth National Bank & Trust Co., a Pennsylvania corporation with its principal place of business located at 3864 Adler Place, Bethlehem, Pennsylvania. Defendants Paul D. and Donna M. Cherry, husband and wife, are adult individuals residing at 906 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff holds a security interest in, and is entitled to the immediate possession of a 1998 Catalina Coachman, vehicle identification number 1TC383109W1307147 (the "Vehicle"). The Vehicle's last known location was 906 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania. On or about June 27, 1998, Defendants entered into an installment sale agreement 10. 11. 12. providing for their purchase of the Vehicle (the "Agreement"), which Agreement was assigned to the Plaintiff and of which assignment the Defendants were notified. A tree and correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. The Agreement grants to the Seller, and, by assignment, to the Plaintiff, a security interest in the Vehicle. The security interest was perfected by notation on the title for the Vehicle, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. Defendants have repeatedly defaulted under the Agreement by failing to make timely payments required thereunder. Despite Plaintiffs repeated demands, Defendants have not cured their defaults under the Agreement as of the date hereof. Plaintiff has exercised its fights to accelerate all amounts due and owing under the Agreement. The full retail value of the Vehicle is approximately Eighteen Thousand ($18,000.00) Dollars. Pursuant to the terms of the Agreement and the Plaintiffs rights under Article Nine of the Pennsylvania Uniform Commercial Code, the Plaintiff is entitled to possession of the Vehicle in order to enforce its security interest in the Vehicle 2 and to sell the Vehicle. 13. Despite the Plaintiff's demands, Defendants will not relinquish possession of the Vehicle or pay the balance owing to the Plaintiff. Wherefore, the Plaintiff requests that the Court enter judgment in favor of the Plaintiff and against the Defendants, jointly and severally, ordering that the Plaintiff be granted possession of the Vehicle and that the Court order such further relief as it deems just and proper. LAW OFF~ W. By: Davi~W ~le-~[y Attorney D. No. 68895 Attorney: for Plaintiff 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 MERSKY VERIFICATION I, Thomas C. Buss, retail collection manager of Nazareth National Bank & Trust Co., state that I am authorized to make this Verification on its and my behalf. The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the/bregoing document and, based upon information that Nazareth National Bank & Trust Co. has given to counsel, it is true and correct to the best of my personal knowledge and information and belief. As for the language and allegations which may constitute conclusions of law, I sign this verification on the recommendation of my attorneys who advise that these allegations raise issues for resolution at trial, by the Court or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. NAZARETH NATIONAL BANK & TRUST CO. By -~ C. Buss ENTITLES TO AN CO~ HTRACT YOU SIGN. KEEP IT TO .'/- 7' ' . ' ' ~ o~ DEPARTMENT OF TRANSPORTATION CERTIFICATE OF TIT'LI~- FOR A/VEHICLE · qA".qOOOqZO0P_;~] NAZARETH:NAT[ONA['BA~K ?G S HA~N ST, NAZARETH:PA ~80Gq; STATE ZIP SHERIFF'S RETURN - CASE NO: 2002-03756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NAZARETH NATIONAL BANK & TRUST VS CHERRY PAUL D ET AL JASON VIOP~AL , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE CHERRY PAUL D REGULAR Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFEND~2qT , at 1945:00 HOURS, at 906 GETTYSBURG PIKE MECHANICSBURG, PA 17055 PAUL CHERRY a true and attested copy of COMPLAINT on the 14th day of August , 2002 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~( day of ~3~- A.D. ' ~ Pr0thonofar~ So Answers: R. Thomas Kline 08/15/2002 DAVID W MERSKY By: ph~y Sheriff SHERIFF'S RETURN - CASE NO: 2002-03756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CU74BERLAND NAZARETH NATIONAL BANK & TRUST VS CHERRY PAUL D ET AL REGULAR JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHERRY DONNA M the DEFENDANT , at 1945:00 HOURS, on the 14th day of August at 906 GETTYSBURG PIKE , 2002 MECHANICSBURG, PA 17055 by handing to PAUL CHERRY, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His 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 ~ day of ~Pfothonotary So Answers: R. Thomas Kline 08/15/2002 DAVID W MERSKY By: uty S~-~ri f f Nazareth National Bank & Trust Co., Plaintiff VS. Paul D. Cherry and Donna M. Cherry, Defendants PRAECIPE In the Court of Common Pleas of Cumberland County 2002 No. 02-3756 Civil Term TO THE PROTHONOTARY: Please withdraw Plaintiff's Complaint, filed in the above-captioned matter on August 5, 2002. CERTIFICATE OF SERVICE The undersigned certifies that a copy of this praecipe was served by mailing, first class mail, postage prepaid, upon the following: Paul D. and Donna M. Cherry 906 Gettysburg Pike Law Of~,~ o~Davld W. Mersky BY To Prothonotary Davi~ ~ .~D~s kY October 14, 2002 Attorne, for Plaintiff