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Home My WebLink About02-4377IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, Successor by merger to ONBANK & TRUST CO., Plaintiff, No. o:,. -,x,7 E,,..,;f.. VS. DONNA L. WEISER, COMPLAINT IN REPLEVIN Defendant, 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. R0019683 96830719 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, Successor by merger to ONBANK & TRUST CO., Plaintiff, No. C>~.- VS. DONNA L. WEISER, 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 amd 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 fall 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 96830719 COMPLAINT IN REPLEVIN 1. Plaintiff, M & T Bank, Successor by merger to OnBank & Trust Co., maintains offices located in Williamsville, NY 14221. 2. Defendant, Donna L. Weiser, is an adult individual with the last known address of 25 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is the holder of a Mobile Home Installment Contract without Real Estate (hereinafter the "Contract") and Security Agreement secured by a mobile home duly executed and delivered by Defendant in favor of Bonnie Heights Homes, Inc., on or about October 2, 1996. 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 1995 Fleetwood Mobile Home, Serial Number PAFLS22A07749-0L 13. 5. Bonnie Heights Homes, Inc., subsequently assigned its right, title and interest in said Installment Sale Contract and Security Agreement to Plaintiff. 6. Under the terms of the Contract, Defendant was to make three hundred (300) consecutive monthly payments of $300.75 beginning November 5, 1996. 96830719 7. The total amount due to Plaintiff pursuant to the Contract was $91,925.00. 8. Plaintiff is the owner of 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. 9. Defendant is in default of the terms of the Contract because she has failed to make the required monthly payments. 10. 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. 11. Defendant made partial payment under the Contract leaving an unpaid balance in the amount of $30,803.59 as of June 26, 2002. 12. Plaintiff avers that the Contract provides for interest at the rate of 10.75% per annum. 2002. balances. 13. Plaintiff avers that interest at the aforesaid rate amounts to $1,977.76 as of June 26, 14. Plaintiff avers that the Contract provides for the addition of late charges on past due 15. Plaintiff avers that a late charges amount to $155.18 as of June 26, 2002. 96830719 16. Plaintiffhas performed all conditions precedent as holder of all right, title and interest in the collateral, but one or more of the Defendant, wrongfully remains in possession of the mobile home. 17. By virtue of Defendant's default, Plaintiff has an immediate right to possession of the mobile home, the value of which is $10,616.44. WHEREFORE, Plaintiff prays for Judgment against Defendant, Donna L. Weiser, in this Complaint in Replevin, as follows: A. For possession of the mobile home, more particularly identified as a New 1995 Fleetwood Mobile Home, Serial Number PAFLS22A07749-0L13 or, in the alternative for damages of $10,616.44, the value of the vehicle plus continuing interest at the legal rate of 10.75% per annum from the date of judgment, in the even that recovery of the vehicle cannot be obtained. THE BERNSTEIN LAW FIRM, P.C. ~quire PA I.D. #68013 The Bernstein Law Firm, P.C. 1133 Penn Avenue Pittsburgh, PA 15222 96830719 MOBILE HOME INSTALLMENT SALE CONTRACTWITHO .lEAL ESTATE oi~ Oct, 2 , ]9= - Accounl# ~- ANNUAL FINANCE Amount Financed Total of Payments TotJl Sale Price PERCENTAGE RATE CHARGE The amounl of credil provided The amount you will have paid after you The Iotal cosl o~ your purchase on The cost of your credit as The dodaf imount lhe 1o you or on your behalL have m~he all Scheduled payments, c~d, including your downplymenl orS 1,700.00~. 10,75 ~ $ 58,997.00 S 31,228.00 d 90,225.00 $ 91,925.00 were, 70q8 Carlisle Pike, Carlisle, PA 17013 the BUYEa(R). Donna L. Weiser. Country Manor MHP. 25 Buttonwood T.mn~,, New 1995 Fleetwood 72 x 16 mobilb home IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOBILE HOME AND PROPERTY THAT YOU BOUGHT Itemization of Amount Financed d 32,900.00 11700.00 n/a 1.700.00 ~1.200.00 n/a n/a 28.00 n/a nlm n/a n/a 31,228.00 58.997,00 90.225.00 300.75e New 1995 Fleetwood 72 x 16 mobile home ONBFAVlYK{ $ 1.70o $ ql.200.OO $ n/a $ $ 28.00 $ n/a $ n/a $ 31 r228.00 $ 58.997,0Q SELLER BY: NOTICE TO ~I'~YER--DO NOT~GN THIS CONTRACT IN BLANK, YOU ARE ENTITLED 1~3 ~ EXACT CO~ I)F ~ CONTRACT YOU SIGN. KEEP IT TO PROTECTY~OUqLEGALfllO~T~ [ ~ ', BUYER (SEALJ AND CO-OWNER. AS APPLICABLE. ACKNOWLEDGE RECEIPT OF A COMPLETED C AT,HE,TIME ~ S,~GI/IN-G.' OPY OF THIS CONTRACT I~ 5k2 CERTIFICATE OF TITLE FOR A VEH 96337001600156S-001 PAFLS22AO77490L13 95 .... ~ .......... ~ ~,~ [ FLEET~00D ~ 5034~76~01 ~E OOONETER OISCLOSURE EXEMPT BY FEDERAL LAN DONNA L NE]'SER 2S 8UTTONHODO LN C~RLESLE PA 17g~3 ON ,~ANK ON BANK P O BOX SYRACUSE NY CS) BRADLEY L MALLORY 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 t[:v~-~_~,~.~ ~.h~'~,p~-~t//$O~ / _ / ~,~¥~' O~',~/~.~,~ 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 true and correct to the best of his/her knowledge, information and belief. 96830719 SHERIFF'S RETURN CASE NO: 2002-04377 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CI/MBERLJtND M & T BANK VS WEISER DONNA L - REGUL~AR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon WEISER DONNA L the DEFENDANT at ~519:00 HOURS, at 25 BUTTONWOOD LANE on the 17th day of Septeraber, 2002 CARLISLE, PA 17013 DONNA L WEISER 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 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~7 ~ day of ~/~-~ .... ~2_a A.D.~ 'P~othonotary ' ~ ~ So Answers: R. Thomas Kline 09/18/2002 BERNSTEIN BERNSTEIN KRAWEC WYM Deputy Sheriff' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION M & T BANK, successor by merger To ONBANK & TRUST CO. VS. Plaintiff(s) No. 02-4377 Civil PRAECIPE TO SETTLE AND DISCONTINUE DONNA WEISER 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 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. R0019683 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 M & T BANK, successor by merger To ONBANK & TRUST CO. CIVIL DIVISION Plaintiff VS. DONNA WEISER Civil Action No. 02-4377 Civil Term Defendant PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle and discontinue the above-captioned matter upon the records of the Court and mark the costs paid. BERNSTE1N LAW FIRM, P.C. Att;meys fi~r ~lainti~f~ Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8:100 BERNSTlr,IN FILE NO: R0019683 Sworn to and subscribed before me this ~ day of -7~r/ ., 2002 blic