The URL can be used to link to this page

Home My WebLink About02-4376IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A, Successor in interest To FIRST EASTERN BANK, Plaintiff, VS. No. ~ - ~/~"](~ ~O't COMPLAINT iN REPLEVIN DAVID A. SMITH, Defendant, FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Loft 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. 98100808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Successor in interest to FIRST EASTERN BANK, VS. DAVID A/SMITH, Plaintiff, No. Defendant, COMPLAINT IN REPLEVIN AND NOTICE TO DEFEND YOU HAVE BEEN SUED 1N 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 98100808 COUNT I - REPLEVIN 1. Plaintiff, PNC BANK, N.A., Successor in interest to First Eastern Bank is a national banking association, with its Consumer Loan Center located at 2730 Liberty Avenue, Pittsburgh, Allegheny County, Pennsylvania 15222. 2. Defendant, David A. Smith, is an adult individual with the last known address of 49 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is the holder of a Pennsylvania Mobile Home Installment Sale Contract (hereinafter the "Contract") and Security Agreement secured by a mobile home executed and delivered by Defendant and in favor of Country Manor Sales, on or about June 13, 1989. A true and correct copy of the Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract and Security Agreement, Defendant took possession of the mobile home, more particularly identified in the Contract as a new 1989 Fleetwood Mobile Home, Serial No. VAFLK 19A23819CM. 5. Under the terms of the Contract, Defendant was to make one hundred eighty (180) consecutive monthly payments of $281.73, beginning July 15, 1989. 6. The total amount due to Plaintiffpursuant to the Contract was $54,631.60 98100808 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. Defendant is in default of the terms of the Contract because Defendant has failed to make the required monthly payments to Plaintiff since June 17, 2002. 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 Defendant's default. 10. Defendants have made partial payment under the Contract leaving an unpaid balance in the amount of $7,535.14 as of August July 15, 2002. 11. Plaintiff avers that the Contract provides for interest at the rate of 13.5% per annum. 12. Plaintiff avers that interest at the rate of 113.5% as of July 15, 2002. 13. Plaintiff has performed all conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remains in possession of the mobile home at the above-stated address. 14. By virtue of Defendant's default, Plaintiff has an immediate right to possession of the mobile home covered by the Security Agreement the value of which is $8,400.00. 98100808 15. Under the terms of the Contract, Defendant has undertaken to pay Plaintiff its reasonable costs of the retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, David A. Smith, in Count I of this Complaint in Replevin, as follows: A. For possession of the vehicle, more particularly identified as a new 1989 Fleetwood Mobile Home, Serial No~VAFLK19A23819CM or, in the alternative for damages of $8,400.00, the value of the vehicle, plus continuing interest at the aforesaid rate of 13.5%, 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 IN CONTRACT FOR IN PERSONAM DAMAGES 16. 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. 17. In the alternative to Count I, Plaintiff pleads an action in the Note as a result of the Defendant's default for the accelerated balance due under the Note in the amount of $7,535.14, plus appropriate additional interest at the rate of 13.5% per annum on the balance due from July 15, 2002 and costs. 18. Under the terms of the Note, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 98100808 accrue. 19. Plaintiff avers that such attorneys' fees amount to $500.00 to date and said fees continue to 20. 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 ent~, of judgment on Count I1 against Defendant, David A. Smith, in the amount of $8,035.14 plus continuing interest at the aforesaid rate of 13.5% per annum from July 16, 2002, reasonable attorney's fees and expenses for retaking possession and costs. ~ire PA I.D. #68013 The Bernstein Law Firm, P.C. 1133 Penn Avenue Pittsburgh, PA 15222 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 98100808 HOME INSTALLMENT SALE CONTRACT PENNSYLVANIA MOBILE ' ~thl~e~ k;~e~ ~ ~.~-.c*~'~"~/~.~*"~Q'~ -:- .',. ~:.., ,~.., Total Sale Price eysi~.iogbiIowwe.,,eelo,eflthiVd1icletoyeu.ndIrlheterm$.ld14, C~'ntr'"l We'lle NOTICE TO 8UYER--DO NOT SIGN THIS CONTRACT IN~NK~ .-m.,,i, ~rm i. ~ "~,..." .,~,, ,,.~. ~. ~-~.~. ~," m, ~.~,.~..,,, YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTR~U~ r~.$wside ~TH~ ~ ~THFUI RECOURSE; ~ WITHREPURCHASE. SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. ~ ~ - ~Y~W~a~.~ OF ~ gf~ Pb~TE[ CO~Y ~ THJ~ Ca.T~ACT AT THE TIME OF SG . ~ NOTICE--ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES.WHICH THE DEBTOR COULD ASSERT AGAIt~ST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY ' ' HEREUNUER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAIO BY THE DEBTOR HEREUHUER.~ _ NOTICE: SEE OTHER S JOE FOR IUPORTANT INFORMATION 0 dEpARTMeNt Of tRANSPOF VEHICLE CERTIFICATE Of TITLE FOR A issued in accordanCe with Section 1105 of the V~icle Code, Title 75, pennsylva~M Consolidated Statutes ~O-~- DAVID A g ALICE P 5HITH M~ BUTTONWOOD LN CA~LISLE PA 17013 · FORMERLY A TAXi REGISTRATION NOT TO 42128767901 SM VAFLK19A23819CM BE ISSUED-MOB~LE HOME !ET MH MAKE OF 20~700 FIRST EASTERN BANK ,PO BDX 436 BLOOMSBURG PA~7815 SECOND LIEN FAVOR OF: LIEN RELEASED BY ~IZED LIEN RELEASED -------~ BY- AU~F~HORiZE-~REPP~E~T.A~iI~E 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 the 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. 98100808 VERIFICATION The undersigned does hereby verify subject to the penalties of Pa. C.S. § 4904 relating to unsworn falsification to authorities, that he/she is the Asst. Vice President/Attorney Relations Manager for the Plaintiff herein, that he is duly authorized to make this Verification, and that the facts set forth in the forgoing Complaint in Replevin are true and correct to the best of his knowledge, information and belief. 'ohn Matlak 098100808 SHERIFF'S RETURN CASE NO: 2002-04376 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PNC BANK NA VS SMITH DAVID A - REGULJtR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon SMITH DAVID Athe DEFENDANT , at 1555:00 HOURS, on the 16th day of September, 2002 at 49 BUTTONWOOD LANE CARLISLE, PA 17013 RUTH FUNK, SISTER by handing to 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 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ~Z~ ~ day of /P~othonot ary So Answers: R. Thomas Kline 09/17/2002 BERNSTEIN BERNSTEIN KRAWEC WYM Deputy Sheriff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A. successor in interest To FIRST EASTERN BANK Plaintiff(s) VS. No. 2002-04376 P PRAECIPE FOR JUDGMENT AND POSSESSION DAVID A SMITH 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. R0019810 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 PNC BANK, N.A., successor in interest To FIRST EASTERN BANK Plaimiff vs. Civil Action No. 2002-04376 P DAVID A SMITH Defendant PRAECIPE FOR JUDGMENT AND POSSESSION To the Prothonotary: Kindly enter Judgment against the defendant above named, in the default of an Answer as follows: COUNT I - REPLEVIN A. For possession of a new 1989 Fleetwood Mobile Home, Serial # VAFLK19A23819CM. B. Expenses, including reasonable attorney's fees, associated with the repossession, which will amount to at least $500.00. COUNT II - MONEY JUDGMENT Amount claimed in Complaint Interest from 7/16/02 to 10/25/02 on 7,535.14 ~ 13.5% TOTAL $8,035.14 $ 281.48 $8,316.62 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. Attomeyfor Plaintiff 1133 Penn Avenue Pittsburgh, PA 15222 (412)456-8100 Plaintiff: c/o Bemstein Law Firm, P.C., 1133 Penn Ave., Pgh, PA 15222 Defendant: 49 Buttonwood Lane Carlisle, PA 17013 October 21, 2002 Page 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A. successor in interest To FIRST EASTERN BANK Plaintiff VS. DAVID A SMITH Defendant Civil Action No. 2002-04376 P NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( )Gamishee Your are hereby notified that the following Order or Judgment was enteredagainstyouon a'~Ot3 11 ~ ~2C)D ~ (xx) Assumpsit Judgment in the amount of COUNT 1 a new 1989 Fleetwood mobile Home, Serial # VAFLK19A2 3819CM. COUNT II $8,316.62 plus costs. () Trespass Judgment in the amount of $__ plus costs. DAVID A SMITH 49 BUTTONWOOD LANE CARLISLE, PA 17013 () (xx) 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. Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: &~::L~ PROTHONOTARY (~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PNC BANK, N.A., Successor in interest to FIRST EASTERN BANK, Plaintiff VS. DAVID A. SMITH, Civil Action No. 02-4376 Civil Term Defendant IMPORTANT NOTICE TO: DAVID A. SMITH 49 Buttonwood Lane Carlisle, PA 17013 Date of Notice: October 8, 2002 YOU ARE 1N 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 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 Plaintiff 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. October 21, 2002 Page 2 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 PNC BANK, N.A. successor in interest To FIRST EASTERN BANK Plaintiff(s) VS. No. 2002-04376 P pRAECIPE FOR WRIT OF POSSESSION DAVID A SMITH 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. R0019810 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 PNC BANK, N.A.successor in interest To FIRST EASTERN BANK Plaintiff VS. DAVID A SMITH Defendant Civil Action No. 2002-04376 P PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above matter for a 1989 Fleetwood Mobile Home, Serial # VAFLKI9A23819CM located at 49 Buttonwood Lane, Carlisle, PA 17013. BERNSTEIN LAW FIRM, P.C. Attorney for P~taintiff 1133 Penn Avenue Pittsburgh, PA 15222 (412) 456-8100 BERNSTEIN FILE NO. R0019810 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) PNC BANK, N.A. SUCCESSOR IN TO FIRST EASTERN BANK No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4376 Civi] Term Term vs. Costs DAVID A. I[~,IITH Att'y. $ 115.64 49 B~D LANE PI'fi(s) $ CARLISLE, PA 17013 , Prothy. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of 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: pNC' BANK, N,A..qlICC'g.qSOR TN INTEREST TO FIRST EASTERN BANK being: (Premises as follows): 1989 FLEETWOOD MOBILE HOME SERIAL # VAFLK19A23819C~4 49 BUTTONWOOD LANE CARLISLE, PA 17013 Plaintiff (s) (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 NOVEI~BER 1, 2002 (SEAL) CURTIS R. ~ Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania