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HomeMy WebLinkAbout00-03752 ... SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03752 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL PENN BANK VS SMITH KENNETH A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SMITH KENNETH A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOTICE , NOT FOUND , as to the within named DEFENDANT , SMITH KENNETH A RETURN NOT FOUND AS PER ATTY ON 7/10/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 13.02 5.00 10.00 .00 46.02 R. Thomas Kline Sheriff of Cumberland County PIOSA, HIXSON & REILLY 07/10/2000 Sworn and subscribed to before me this ,t>:.- -<-D - day ofq,lr .21J-t;-O A . D . C 1';( D O. f!.t,tJO'J1 UPi' protHo otary I -",. ..' SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03752 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATIONAL PENN BANK VS SMITH KENNETH A ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT SMITH DEBRA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOTICE , NOT FOUND , as to the within named DEFENDANT , SMITH DEBRA A RETURN NOT FOUND AS PER ATTY 7/10/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 6.00 .00 5.00 10.00 .00 21. 00 S~~ R. Thomas Kline Sheriff of Cumberland County PIOSA, HIXSON & REILLY 07/10/2000 Sworn and subscribed to before me .zotT;.- day of ()'1J this .;L{J1Ji) A . D . C 1UV'. (). n,d(?~~' prdttlonotary . ," LAW OFFICES )SA )-\IXSQN & REILLY P,C. ,E WINDSOR PLAZA, SUITE 101 75:35 WINDSOR DRIVE <I,.LEN"tOWN, PA 18195-1014 (610) 530.7500 .-".;,,', '"~ IA~%' .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff vs. ) (}1Y <37OJ. ) No. ) ) ) ) REPLEVIN ACTION ) KENNETH A. SMITH and DEBRA A. SMITH, Defendants 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 LA WYER 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, P A 17013 (717)240-6200 PIOSA, HIXSON & REILLY, P.C. TRUE c.oPY FROM R8X)N) BThY~mas E ReillY' Ir Es r III T" r wtler10I I here ' ' ., ., .-tW . unto .1lIJ'" Attorney for Plaintiff and' of at car1lsIe. IlL r . J iH1l Attorney L D. No. 41668 ~ .. L-AWOFFICES ,A HIJ{SON 8: REILLY P.C. WINO~R PLAZA. SUITE 101 7535 WiNDSOR DRIVE _ENTOWN, PA 18195-1014 (610) 530.7500 .;;. "'~~- ~.\:" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff vs. ) ) ) ) ) ) ) No. KENNETH A. SMITH and DEBRA A. SMITH, Defendants COMPLAINT IN REPLEVIN And now, comes the Plaintiff, National Penn Bank, by and through its attorneys, Thomas E. Reilly, Jr., and Thomas A. Capehart, Esquire, and in support of the within causes of action avers as follows: I. Plaintiff, National Penn Bank ("Bank") is a Pennsylvania banking corporation with an office located at Philadelphia and Reading Avenues, Boyertown, Pennsylvania, 19512. 2. Defendants, Kenneth A. Smith and Debra A. Smith, are adult individuals residing at 64 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. COUNT I - REPLEVIN 3. Defendants are the owners of a 1997 Duchess Mobile Home, Serial Number 8674F which is located at 64 Rustic Drive, Shippensburg, Pennsylvania. 4. The approximate value of the mobile home is Twenty-six Thousand Four Hundred Ninety-eight Dollars ($26,498.00). 5. On March 20, 1997, Defendants purchased the mobile home pursuant to a Mobile Home Installment Sales Contract without Real Estate (the "Contract"). A true and LAW OFFICES ;A HIXSON 8: REILLY P.C. WIN~SOR PLAZA, SUITE 101 7535 WINDSOR DRIVE LEN1OWN, PA 18195-1014 (1310) 530-7500 <,"-,', ,C -",,-.c... ""'''-m~iL-1' ". ,'- - correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference. 6. The Contract was assigned to the Bank at the time of sale and, as such, the Bank is a secured creditor under the terms of the Contract, which fact is further evidenced by the certificate of title to the mobile home, specifically identifying the Bank as a secured lien holder. A true and correct copy of such title is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Defendants executed and delivered the Contract to the Bank, or authorized, acquiesced and consented to the assignment of the Contract to the Bank, as collateral security for the payment of Defendants obligations to make payments toward the Contract under which Defendants agreed to pay the Bank Two Hundred Forty (240) monthly installments of Four Hundred Sixty-four Dollars and Ninety-six Cents ($464.96) beginning May 1, 1997. 8. Defendants have defaulted under the terms of the Contract by failing to pay the Bank monthly installments since March 15,2000 and real estate taxes for 1998 and 1999. 9. Given Defendant's default under the Contract, on or about May 3, 2000, the Bank sent a Notice of Intention to Commence Legal Action and Repossess Mobile Home to the Defendants by certified mail informing the Defendants of the default and the Defendant's rights and obligations to the Bank. A true and correct copy of such notice is attached hereto as Exhibit "C" and incorporated herein by reference. 10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices Act, 15 V.S.C. Section 1692, is attached hereto, marked as Exhibit "D", and incorporated herein. L.AWOFFICES SA HIXSON &: REIL.L.Y P.C. : WINL'lSOR PUlA. SUITE 101 7535 WINDSOR DRIVE _LENTOWN, PA 18195-1014 (tilO} 530.7500 -""^"""'Il1~' II. Defendants have failed, refused and neglected to cure the above-referenced default, despite receipt of the Bank's Notice ofIntention to Commence Legal Action and Repossess Mobile Home. 12. In accordance with the terms and conditions of the Contract, upon Defendant's default thereunder, the Bank has accelerated the indebtedness of the Defendants to the Banle 13. Pursuant to the Contract, Defendants agreed to pay all amounts which became due under the terms of the Contract, the costs of suit, and reasonable attorney's fees, as well as costs of repossessing, storing, repairing, preparing for sale and selling the vehicle. 14. Based on Defendants fault as above described, Defendants are liable to the Bank as follows: Principal Amount Due Interest to 6/06/00 Late Fees Due $43,387.17 479.35 27.87 TOTAL $43.894.39 WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be entered in its favor and against Defendants, Kenneth A. Smith and Debra A. Smith, in replevin for possession and delivery of the Mobile Home; plus interest, reasonable attorney's fees, costs, and costs of collection and any and all other relief which the Court deems just and appropriate. COUNT II - BREACH OF CONTRACT 15. Plaintiff incorporates by reference Paragraphs No.1 through No. 14 as though the same were fully set forth herein. ~ LAW OFFICES ,A HIXSON 8:: REILLY P.C. WINOSOR PLAZA. SUITE 101 7535 WINDSOR DRIVE i...ENTOWN, PA 18195-1014 (el0) 530.7500 ~ "I '. 16. Defendants are in default under the terms of the Contract due to the Defendants failure to make monthly installment payments since March 15, 2000 along with real estate taxes for the years 1998 and 1999. WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and against the Defendants, Kenneth A Smith and Debra A Smith, in the amount of $43,894.39 plus per diem interest at $13.03 a day from June 6, 2000 until the debt is satisfied, reasonable attorneys fees, costs and costs of collection as set forth in Paragraph 14 of the Complaint. PIOSA, HIXSON & REILLY, P.C. U Thomas E. Reilly, Jr., Esq e Attorney for National Penn Bank Attorney LD. No. 41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 ~~CQIJ8 Thomas A Capehart, E qUIre Attorney for National Penn Bank Attorney LD. No. 57440 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 ,- ~, . , ~~~ " .-, .-J. ~ liIlIiMlia;'- VERIFICATION I, PAUL A. KOZLOWSKY, state that I am a Vice President of National Penn Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said National Penn Bank, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn ion to authorities. P ul A. Kozlowsky ------- Dated: jllf\P_ )';;:>, ;;)000 " ,. ~~ "~~ ~. . "-"--, _.. U..~O'U~IU~ IUYICI.'.e :_..._..___ . "- ',- "..~._..f_ '''''''._...,.... Hcrci.1 20 .19~ Account'_ b iVfl: ,.,.~UAl FINANCE Amount Financed Total of Payments TOlal ~ale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on" The cost of your credit as The dollar amount the to you or on your behalf. have made all scheduled payments. credit, including your down payment a yearly rate. credit will cost you. of$ 4,933.50 . 10.99 % $66,678.90 $ 44,911.50 $ 111,590.40 $ 116,52.3.90 Yaur Payment Schedule will l]e: No. of Payments Amount at Payments 240 $ 464.96 $ When Payments Are Due Monthly, beginning r-fay Security: You are giving a security interest in the mobile home being purchased. ,19 97 Prepayment: If you payoff early, you will not have to pay a penalty. Filin(F"s:$ 2 late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. ASSumption: Somenne buying your Mobi\e Home cannot assume the remainder of this Contract on the original terms. See below and any other Contract documents for any additional information about nonpayment, default. any required repayment in full before the scheduled date and prepayment refunds 'and penalties. e means estimate I this Contract. . e are Com'ltrv SJ.de 10 SELLER. Village Pmg, lr.c. Name 2023 Lincoh1'."'Y East, Char.Jbersburg, PA Address 17201 Zip Code IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS. YOU MAY lOSE THE MOBilE HOME ANO PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT. AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. . < This Contract is between Seller and Buyer. All disclosures have been made by SeUer. Seller intends to assign this Contract to the Assignee. au are Kemeth A. i?mith 1e'BUYER(Sl.1)ebra A. Smith 64 Bustic Dr., Shippensburg, PA 17257 Name{s} Address(es) Zip Code(s) 'ROMISES JOINT AND SEVERABLE: If there is more than one Buyer. each of you promises, separately and together, to pay all sums due us and to erform all agreements in this Contract RADE.IN: ,)U nave traded in ~e following vehicle: $ -$ =$ Year and Make Series Gross Allowance Still Owing Net Trade-Io a balance is still owing on the vehicle you have traded in. the Seller will payoff this amount on your behalf. Vou warrant and represent to us that any 3de.ln is free from lien, claim, encumbrance or security interest, except as shown above as the amount "Still Owing." ROPfRTY INSURANCE: You may choose the person through whom insurance is.obtained against loss or damage to the Vehicle and against liability 'ising out of use or ownership of the Vehicle. If you obtain property insurance through us. the premium casts for the insurance terms indicated below co included in the item called To Property Insurance Company of the ITEMIZATION OF AMOUNT FINANCED section of this Contract In the section ,lied YOUR PROMISES ABOUT INSURANCE on the reverse side of this Contract you are promisin( to insure the Vehicle arid keep II insured. Mobile Home Other' Pbysical Damage Ins. $ Term _ Mos, (Describe) l Term Mos. . Comprehensiye on _ Ot.,er Mobile Home $ Term Mos. (Describe) $ Term _ Mos. _ ftre and. TOTAL Theft $ Term Mos. CHARGES $ ~EDIT INSURANCE IS NOT REQUIRED: Credit Ufe Insurance is not required to obtain credit, and will not be provided unless you sign below and :ree to pay the additionai cost Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side, Your insurance certificate or policy will 11 yoo lhe MAXIMUM amount of insurance avanable. What are your ages? Itemization of Amount Financed Cash Price Including Sales & luxury Tax $ 49,845.00 Cash Downpayment $ 4,933.50 Net Trade-In $ 0 "" Total Downpayment $ 4,933.50 Unpaid Cash Prict! Balance , S 44,911.50 ' To Credit Insurance Company .. $ .. To Property Insurance Company .. $ ..'0;., To Public Officials for: Ucense, Tags and Registration ;.. ~ $ lien Fee ,..,'"..", , . To - ~ To ;;<~....,,~. < $ , , . ..,--. To -w""'" ",;,.': ".' $ .. To "edit Ufe Insurance will _ not be provided. _ be provided for the term of the credit _ be provided for Signing. you select Single Credit Ufe Insurance, What is your I By si~ni~g. you bot~. sel~t Joi rlt . . lith .:osts $ age? _ Years Credit life Insurance. which costs $ months, gnatLtre of Buyer to be insured for Single Credit Ufe Insurance EXHIBIT I "A" insured lor Joint Creait Ufe lnsu~ may De retall1lnl! a. oroon Of tms ~~_~':~L . _~. _ "_ ....I"'~..;.,.t..:;., . .' -,~ . ..-;:~~~. A"~O:____ . . ""'- ',,~ . .".. .- Ii.- ~""""",-~,~...,. ~ = ~- , ~&," .".. ..:..fI, '.:;.. .._,'_ _". _." . 'H:: ~'..J."-;";.:'_"'__;'':.",. "-"'_~'''':'~''-.G..,-~A.;'':';'''___..~:....~\._-.P",,_ ~N1Ch is caUeQ the "Vehicle'. ,,, 'OMal)lle Home' In uus Contract. . . . ._-'-. ._.J'o.__..... _.._.......... ..._ ..-.-..-. ...."....." rlll_llI.eQ N 1997 Duchess 28 X 52 Color & Model Clay/White 5003 Serial Number $ <.4,911.50 Finance Char&! $ 66,678.90 Total 01 PIJ'ments (Time Balance) $ 111,590.40 ' hyment Schedule - You agree.to pay ta us the Amount Financed plus interest in 2t+O uninterrupted m_onthly payments of $ 464.96 each, a nd ill final pa yme"t of $ .Tllenrs! payment will be due on ivIav 1, 19 97 . and then payments 'Hill be due on that same day of each montll following. N/U Year and Manufacturer , Length & Width 8674 F -quipped with _ 4.SSIGHEE: We-may assign this Contract and Security Agreement to the Assignee named in this section, which is the "Assignee." If at any time the )wner of the Contract assigns the Contract to another assignee, the l,erm then refers to such other assignee. After the Assignment. all rights' and benefits If the Seller in this C<!ntrad and in the Security Agreement shall belong to and be enforceable by the ASSignee. The Assignee is: Nation.."'!.l Penn 3a[".k~ :-~ading & Piiile.delphi.::. Aves., BoyertO\'JT., PA 19512 ;O~SIGNER: Any person 5igni~g the Co.Signer's Agreement below promises separately and together with all Co.Signerls) and Buyer(s), to pay all sums 1ut and to perlorm aU agreements in this Contract. Co-Signer will not be In Owner of the Vehicle. ;O-OWNER: Any person signing the Co.Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and together yiltl all CD-Ownerls) and Buyer{s), to perform all agreements in the Security Agreement and all other parts of this Contract except the "Promise to Pay" ection. 'ERMS: The terms shown in the boxes above are part of this Contract. lROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Total owopayment and paying us the Amount Financed plus interest You promise to make payments 1 accordance with the Payment Schedule. You promise to make payments on or before the same ay of each month as the first payment due date. You agree to pay all other amounts which may acome due under the terms of this Contract You agree to pay the SeUer or Assignee cos.ts. of Jit You also agree to pay reasonable attorneys' fees if Seller or Assignee hires an attorney to 111ect amQunts due um!ef this Contract or to protect or get possession of the Vehicle. You agree ) make payments at the place Dr to send payments to the address Which the Assignee most. ;cently specifies in the written notice to you. SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all required obligations under this Contract. you give a security interest in the Vehicle, in all appliances, furniture, equipment and fixtures (called "accessions") attached to the Vehicle at any later time, and in any proceeds of the Vehicle. inCluding insurance proceeds. The Assignee may set-off any amounts due and unpaid under this Contract against any of your money on deposit with Assignee. This includes any money Which is now or may in the future be deposited with Assignee by you. Assignee may do this without any prior notice to you. ADDITIONAL TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE. YOU ARE OBLIGATED TO ALL THE TERMS Of THE CONTRACT WHICH APPEAR ON THE fRONT AND REVERSE SiDES. .. ,y signing below, we agree to sell the Vehicle to you under the terms of this Contract. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 'L,ER Country Slde Vlllage Hares, Inc. BBUU::RR' ~~tf1!~i.~ ~,-~f. , (SEAW 3-~i-'h' :j~';1 &. ~-./ " ~ ~ '"' 3-~J :O-SIGNER'S A.caEEMENT: YOU SHOULD REA.l) THE NOTICE TO CO-SIGNER, WHICH HA.S BEEN GIVEN TO YOU ON A SEPARATE DOCUI\IENT, JEFORE SIGNING THIS AGREEMENT. You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perfo~ all 19reements in this Contract. Yau intend to be legally bound by aU the tems of this Contract, separately and together, with the Buyer. You are making this promise to induce us o lI1alce this Contract with the Buyer, even thotlgh we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand 'or payment on the Buyer Of exercised our security interest. ~ -J.O-iij I Date (SEAL' :o~Signer's Signature Address Date :o--Signer's Signature (SEAL) Address Date O-OWNER'S SECUaliY .AGREEivlEXT: You, the person signing beiow as "Co-Owner;' together with the Buyer or otherwise being all of the Owners of the Vehide, give us a :curity Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract e:<cept the "Promise To Par' etion. '{ou are giving us the security interest to induce us to make this Contract wuh Lhe ouyer, aOll to secure me payment oy Ule Buyer oi aU sums aue on tms Contract. ~~u .wlll )t 1:le responsible for any deficiency which might be due after repossession and sale of the Vehicle. "_,::-,,~~f (SEALl ~; ~ ,~. A }-Owner's Signature Address Date T'" UYER CO-SIGNER AND CO-OWNER AS APPLICABLE ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT T THE'TIME OF SIGNING. ~" " .;' !. !J.,nI! ,,'--- ~ ~i2I/t'( Il.Sn/f'h ' .: ~ER - - BU r+ CO-SIGNER CO-SIGNER OR CO-OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMA TION. ~:. D 1994 9AMCOMSUMER SEJlYJCE.INC. lCOMSUMERFORMF'A25.SlC(6/94} ORIGINAL TO B~.NK _u.~_..__.,,_. -_..-~. '''LtJrt~UMtl( tUIfM r-, ':"::JU..ltl/~") ..-" "\1-' -~, ..,. ,",,-.-,-, ..... ..... -- -... --dil'lf" , " l:i~' l1i'-""",W-.,l~,_-; o o 1-", W; ~; -...!';;;'':, O,~ N~ W~ f1...N" ~~',' ~\~, [t" 'I ~iOUCH':~;ve~'CLE '15u71Bi~~~~f;I~~~' ~I l- I.' 5112/97 r EXEMP f '1 ',',""'ff '=~-~",-- ~;'.:. -,- 1~~I~E.'i ':::~~~~~:i .~. ..__,~__~.;~.___ '--T~~",~' ~.~~~::.:~~~::::~~~L ~~ "eG~TE"eOOWN"''', OISCLOSURE ,EXEMPT BY FEDERAL LAW :~~~$::.~::::e I ~~~~~TH A & DEBRA ... ~~~Jif5.J ';; ~~,..l.'.;,::,:.~. G ~OFlIGINAU.Y"'FGD:FORNON;U.S, ~ blj RUSTIC DR ..:'~~~""""...i 10<% 17 7 L ~ LOGGINGVE!-lIct.5 -' :;..:<} . SHIPPENSBURG PA 25 H~~~~~"'" ~.:~ T ~ o'lECOVe:REO THEFTVEl-nCLE -, v ~ V&nCLE CCllTlIlNS RE'lSSIJEOVll'l ~.. ~ ~:;;'~~~c:'~i.,; ~~ If I L_ ~~~ I,i, I ~t;: ; It'''' ~g~ rtilt' ~~. p.;; l{t~ DEPARTMENT OF TRANSPORTATION CERTIFICATE OF TITLE FOR A VEHICLE .----_.________u____ 97114001000229b-OOl .....;:.-.. :~"'. '..: .. ~. ~ ,,:~:' .-.,.. ..,y.;'....,:. '''''''~''.~. _."...-~:. .--'.... F1flST WEN FAVOR OF' 'seCONOUENFAVOROF. PENN BANK '~:..i', DATE ~ '. , If a SUClJIld lalnholder is listed upon !latisfadion 01 the fll'!Jtn8f'l, the,firsl IlenhokJet must 10fWII.d this Tille 10 the Bureau or Molor Vehicles wittl,~" c \applOPriatefo,",andrae. . ,;.,,,_ ,,'-;.' FIF<ST WEN RELMSEO ,;I BY 1 AUTHORI~ REPREsENTATIVe . .'".'....-..':'.""'~~.~..'~'.........:l_~.~ _ MAILING AODflESS .- seCONEJ.UEN RELEASeO , 00\l'E ..~ "'V'~:~~~ BY ...- AIJT'MQP.IZEO FlEPRESEN.T A.llVl: NATIONAL PENN BANK PHILA & READING AVE BOYERTOWN PA 1~51~ ... .i~ f c&l'lilyu.oIlhadlla of ISSUlI. Ihe official roeorcs elf the Pennsylvania Oepartment 01 Tran!pOrtatlon rQn~t Ihat the ?e~n(sl at <:ompeny!1amed herei.n i$lMo laWIul OWtlel' 01 the said vehielEl. I BRAOLEY lMAL(ORY . u_ :.,~.::"'- "{'~;:.:-:'~::.:: , . ,.,. 0" <EA' . . Wh8n ,jJpiYihg for ti~e WIth a CC)ooQWllBf. Olher lhan your sptlllM. cheek _ (II It'Iase t:/CCQ. If no block is ChllCked, \itleWlIf be IS$Ued as "Tenatltl III Common". A 0 JoiIIlT~wttI\R~tGfSuNN~"'{'3<'\~\I\'ll<:l<le_Q_.lil."'~ IOltle!JlltllMngowner). e Q Tenants," Cal1'lm!ln (on de~1h ci one ow-rer. "'l"rell af '*=ea5lJd_r ~:v ;',.~ ,,; ;"~r ....,':,~, ~,,;..,~, SICiNAfUFlE: OF '"EFlSON AO~INISTE"UNG OArl-l "EN C1ATE; FIRST LIENHOlDER: IF NO UEN CHECK aox o NAME STRE.."'T CITI STArE ~, The under.;ogned I1llreby ""a~n allllhc.;,u'on '0' Celllfoc:ate o! T~le to the vehicle descnbeC aoove.$4.0blot:!tOthlt-'B"cumllranc:esandQlherleqeldalrnssetJorthhere. LIEN DAn:, SeCOND LIENHCLOER' IF....OliEN CHECK BOX '- SlCiN~r.:RE OF ~""UCANT OF! AIJTHORIZ!::O 51 SJG~...n;o'lE elF co-'\""t.;CANT:f!ru: elF Al11l'!OAIZe I EXHIBIT "BIl t~p ZIP _e!l~ '!'f(l~J~1; .. . . ~~. '----''C .~ :.:., . NATIONAL PENN BANK. CERTIFIED MAlL TO: Kenneth A. Smith 64 Rustic Dr. Shippensburg, P A 17257 Acct. #362161068486 Notice Date: May 3, 2000 NOTICE OF INTENTION TO COMMENCE LEGAL ACTION AND REPOSSESS MOBILE HOME You are currently indebted to National Penn Bank (the "Bank") pursuant to an Installment Sale Agreement dated March 20, 1997 between the Bank and you with regard to your 1997 Duchess, Vehicle Identification Number 8674F. The Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due since March 15, 2000 have not been paid, along with real estate taxes for 1998 and 1999, and forced placed insurance premiums of $~. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter, is $534.50, along with al! delinquent and unpaid real estate taxes, and Lmpaid insurance premiums. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above amount of $534.50, plus any additional payments which may fall due during this period, including all other events of default that may exist. Such payment must be made either by cash, cashier's check, certified check or money order and made to: National Penn Bank P. O. Box 547 Boyertown, PA 19512-0547 Attn: Kay Oswald (610) 369-6211 If you do not cure the default within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the Installment Sale Agreement and will instruct its Attorneys to commence a legal action to take possession of the Mobile Home. At the end of the thirty (30) day period, if you wish to cure the default, you will also be required to pay reasonable fees actually incurred by the Bank prior to commencing a legal action to take possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs, up to an amount of Fifty Dollars ($50.00). EXHIBIT Philadelphia & Re ; 61 0-3 ~ "ell wn, PA 19512 21 Mom Kenneth A. Smith Page Two Once the Bank commences a legal action to take possession of the Mobile Home, you will also be required to pay any reasonable fees actually incurred by the Bank, including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty Dollars ($50.00). The Bank may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sale Agreement If you have not cured the default within the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have the right to cure the default at any time before the title to the Mobile Home is lawfully transferred from you, which shall be no sooner than FortY-Five (45) days after your receipt of this Notice. You may do so by: (a) paying all amounts which would have been due if you had not defaulted and the Bank had not accelerated the Installment Sale Agreement; (b) perform any other obligation which was required of you under the Installment Sale Agreement; (c) paying reasonable fees actually incurred by the Bank in taking possession of the Mobile Home, including, but not limited to reasonable attorney's fees and c'osts; (d) paying any late fees or penalties as set forth in the Installment Sale Agreement; and ( e) paying any cost incurred by the Bank in detaching and transporting the Mobile Home to the site of the sale. Of course, the amount needed to cure the default will increase the longer you wait You may fmd out at any time exactly what the required payment will be by calling the Bank at the telephone number of the person listed above. This payment must be in cash, cashier's check or certified check. You should realize that a sale or transfer of title to the Mobile Home will end your ownership of the Mobile Home. ..:' " . Kenneth A. Smith Page Three You have additional rights to help protect your interest in the Mobile Home. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE TillS DEFAULT CURED BY ANY TillRD PARTY ACTING ON YOUR BEHALF. If you cure the default as set forth above, the Installment Sale Agreement will be reinstated and you will then be able to make payments for the balance of the Installment Sale Agreement as if the default never occurred. NATIONAL PENN B~ By:~U4~ Kay swald Special Loans Adjuster . . NATIONAL PENN BANK CERTIFIED MAIL TO: Debra A. Smith 64 Rustic Dr. Shippensburg, PA 17257 Acct. #362161068486 Notice Date: May 3, 2000 NOTICE OF INTENTION TO COMMENCE LEGAL ACTION AND REPOSSESSMOBILE HOME You are currently indebted to National Penn Bank (the "Bank") pursuant to an Installment Sale Agreement dated March 20, 1997 between the Bank and you with regard to your 1997 Duchess, Vehicle Identification Number 8674F. The Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due since March 15, 2000 have not been paid, along with real estate taxes for 1998 and 1999, and forced placed insurance premiums of $ps-r.1lO. The total amount now required to cure this default, or in other words get caugJlt up in your payments, as of the date of this letter, is $534.50, along with all delinquent and lmpaid real estate taxes, and unpaid insurance premlUms. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above amount of $534.50, plus any additional payments which may fall due during this period, including all other events of default that may exist. Such payment must be made either by cash, cashier's check, certified check or money order and made to: National Penn Bank P. O. Box 547 Boyertown, PA 19512-0547 Attn: Kay Oswald (610) 369-6211 If you do not cure the default within TIDRTY (30) DAYS, the Bank intends to exercise its right to accelerate the Installment Sale Agreement and will instruct its Attorneys to commence a legal action to take possession of the Mobile Home. At the end of the thirty (30) day period, if you wish to cure the default, you will also be required to pay reasonable fees actually incurred by the Bank prior to commencing a legal action to take possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs, up to an amount of Fifty Dollars ($50.00). Philadelphia & Reading Avenues. Boyertown, PA 19512 610-369-6128 . 1-800-822-3321 . Member FDIC . Equal Opportunity Lender , , 'Debra A. Smith Page Two Once the Bank commences a legal action to take possession of the Mobile Home, you will also be required to pay any reasonable fees actually incurred by the Bank, including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty Dollars ($50.00), The Bank may also sue you personally for the unpaid principal balance and all other sums due under the InstaiIment Sale Agreement. If you have not cured the default within the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have the right to cure the default at any time before the title to the Mobile Home is lawfully transferred from you, which shall be no sooner than Forty-Five (45) days after your receipt of this Notice. You may do so by: (a) paying all amounts which would have been due if you had not defaulted and the Bank had not accelerated the Installment Sale Agreement; (b) perform any other obligation which was required of you under the Installment Sale Agreement; (c) paying reasonable fees actually incurred by the Bank in taking possession of the Mobile Home, including, but not limited to reasonable attorney's fees and casts; (d) paying any late fees or penalties as set forth in the Installment Sale Agreement; and ( e) paying any cost incurred by the Bank in detaching and transporting the Mobile Home to the site of the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the Bank at the telephone number of the person listed above. Ibis payment must be in cash, cashier's check or certified check. You should realize that a sale or transfer of title to the Mobile Home will end your ownership of the Mobile Home. , , Debra A. Smith Page Three You have additional rights to help protect your interest in the Mobile Home. YOU. HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE A.1\10UNT YOU OWE Ul\''DER THE INSTALLMENT SALE AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default as set forth above, the Installment Sale Agreement will be reinstated and you will then be able to make payments for the balance of the Installment Sale Agreement as if the default never occurred. NATIONAL PE:NN BANK By: ~~k// Special Loans Adjuster " PIOSA HIXSON & REILLY ATTORN]?YS PiT LfN June 16, 2000 ONE WINDSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN, PENNSYLVANIA 18195-1014 TEL: (610) 530-7500 FAX: (610) 530-8190 MICHAEL T. PIOSA BOYD G. HIXSON 'IHOMAS E. REILLY; JR. 'IHOMAS A. CAPEHART LISA A. YOUNG TO: TO: Kenneth A. Smith and Debra A. Smith,: We have filed this complaint against you on behalf of our client, National Penn Bank,. WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 V.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE: The amount of the debt owed by you is $43,894.39 as of Juue 6, 2000. National Penn Bank is the original creditor for this debt. You have thirty (30) days from the date of this Notice to dispute the validity ofthis debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the amount of the debt is correct. If you notifY us in writing that the debt or any portion thereof is disputed by you, we will obtain verification of the debt from our client and provide such verification to you. Please note, that despite the thirty (30) day period described above, the Bank is not required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed, including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed with any such action within the time frame set forth in the accompanying complaint or documents, and any other previous correspondence you may have received directly from the Bank. This letter is from a debt collector. This letter and any other correspondence from this office is an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, ~~4!1'"- EXHIBIT "D" OfF!'. E OF 'He SflElljff. C:i~:"_ ~ -, -, ,~,~W'1'l:fV _ _ _ -'. ~_ \ ~, Li_ PEHHSYLYAtil'\ ~ ~.~ ~ ~ ~ JUlI lOiO 02 n 'D.l \ . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION - LAW vs. ) to- 376:< (!~ ) No. ) ) ) ) REPLEVIN ACTION ) NATIONAL PENN BANK, Plaintiff KENNETH A. SMITH and DEBRA A. SMITH, Defendants 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 MAYBE 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR CARLISLE, P A 17013 (717)240-6200 PIOSA, HIXSON & REILLY, P.C. LAW OFFICES PIOS~ H\XSQN & REILLY P,C, ONE WINDSOR PLAZA, SUITE 101 7535 WINOSOR DRIVE ALLENTOWN, fA 18195-1014 (610) 5'0-7500 By: Thomas E. Reilly, Jr., Es Attorney for Plaintiff Attorney I. D. No. 41668 LAW OFFICES PIOSA HIXSON 8: REILLY P.C. ONE WINDSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN, PA 18195.1014 (610) S30-75oo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff vs. ) ) ) ) ) ) ) N ()-t1. 3'75.2d.:d~ o. KENNETH A. SMITH and DEBRA A. SMITH, Defendants COMPLAINT IN REPLEVIN And now, comes the Plaintiff, National Penn Bank, by and through its attorneys, Thomas E. Reilly, Jr., and Thomas A. Capehart, Esquire, and in support of the within causes of action avers as follows: 1. Plaintiff, National Penn Bank ("Bank") is a Pennsylvania banking corporation with an office located at Philadelphia and Reading Avenues, Boyertown, Pennsylvania, 19512. 2. Defendants, Kenneth A. Smith and Debra A. Smith, are adult individuals residing at 64 Rustic Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. COUNT I - REPLEVIN 3. Defendants are the owners of a 1997 Duchess Mobile Home, Serial Number 8674F which is located at 64 Rustic Drive, Shippensburg, Pennsylvania. 4. The approximate value of the mobile home is Twenty-six Thousand Four Hundred Ninety-eight Dollars ($26,498.00). 5. On March 20, 1997, Defendants purchased the mobile home pursuant to a Mobile Home Installment Sales Contract without Real Estate (the "Contract"). A true and LAW OF~ICES PIOSA HIXSON & REILLY P.C. ONE WINDSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN. PA 18195-1014 {SIOl530.7500 correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference. 6. The Contract was assigned to the Bank at the time of sale and, as such, the Bank is a secured creditor under the terms ofthe Contract, which fact is further evidenced by the certificate of title to the mobile home, specifically identifying the Bank as a secured lien holder. A true and correct copy of such title is attached hereto as Exhibit "B" and incorporated herein by reference. 7. Defendants executed and delivered the Contract to the Bank, or authorized, acquiesced and consented to the assignment of the Contract to the Bank, as collateral security for the payment of Defendants obligations to make payments toward the Contract under which Defendants agreed to pay the Bank Two Hundred Forty (240) monthly installments of Four Hundred Sixty-four Dollars and Ninety-six Cents ($464.96) beginning May 1, 1997. 8. Defendants have defaulted under the terms of the Contract by failing to pay the Bank: monthly installments since March 15, 2000 and real estate taxes for 1998 and 1999. 9. Given Defendant's default under the Contract, on or about May 3, 2000, the Bank: sent a Notice ofIntention to Commence Legal Action and Repossess Mobile Home to the Defendants by certified mail informing the Defendants of the default and the Defendant's rights and obligations to the Bank. A true and correct copy of such notice is attached hereto as Exhibit "c" and incorporated herein by reference. 10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices Act, 15 V.S.C. Section 1692, is attached hereto, marked as Exhibit "D", and incorporated herein. l.AWOFFICES PrOSA HrXSON & REIl.l.Y P.C. ONE WINOSOR PLAZA, SUITE 101 7535 WINOSOR ORIVE ALLENTOWN. PA 18195-1014 (610) 530-7500 11. Defendants have failed, refused and neglected to cure the above-referenced default, despite receipt of the Bank's Notice ofIntention to Commence Legal Action and Repossess Mobile Home. 12. In accordance with the terms and conditions of the Contract, upon Defendant's default thereunder, the Bank has accelerated the indebtedness of the Defendants to the Banle B. Pursuant to the Contract, Defendants agreed to pay all amounts which became due under the terms ofthe Contract, the costs of suit, and reasonable attorney's fees, as well as costs of repossessing, storing, repairing, preparing for sale and selling the vehicle. 14. Based on Defendants fault as above described, Defendants are liable to the Bank as follows: Principal Amount Due Interest to 6/06/00 Late Fees Due $43,387.17 479.35 27.87 TOTAL $43.894.39 WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be entered in its favor and against Defendants, Kenneth A. Smith and Debra A. Smith, in replevin for possession and delivery of the Mobile Home; plus interest, reasonable attorney's fees, costs, and costs of collection and any and all other relief which the Court deems just and appropriate. COUNT II - BREACH OF CONTRACT 15. Plaintiff incorporates by reference Paragraphs No. I through No. 14 as though the same were fully set forth herein. LAWOFFlCES PIOSA HIXSON & REILLY P.C, ONE WINDSOR PLAZA, SUITE 101 7535 WINDSOR CRIVE ALLENTOWN. PA 18195-1014 (610) 530-7500 16. Defendants are in default under the terms of the Contract due to the Defendants failure to make monthly installment payments since March 15, 2000 along with real estate taxes for the years 1998 and 1999. WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and against the Defendants, Kenneth A. Smith and Debra A. Smith, in the amolUlt of $43,894.39 plus per diem interest at $13.03 a day from JlUle 6, 2000 lUltil the debt is satisfied, reasonable attorneys fees, costs and costs of collection as set forth in Paragraph 14 of the Complaint. PIOSA, HIXSON & REILLY, P.C. Thomas E. Reilly, Jr., Esq "e Attorney for National Penn Bank Attorney I.D. No. 41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 --$~CQJr:-6 Thomas A. Capehart, E qUlre Attorney for National Penn Bank Attorney I.D. No. 57440 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 - - , -<', 'C'__ ",-,.,', ,- " ~', "- ;-""<" ,-, , ~ VERIFICATION I, PAUL A. KOZLOWSKY, state that I am a Vice President of National Penn Bank, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said National Penn Bank, and verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating P u A. Kozlowsky --- Dated: Jll\\E>_ I~,;:)OOD ~., . -' ~~ ~' 1;.1 1-u"rcn 20 , ,,-.,~, __ ..~eo'nulu~ U~Ylel.'''e. =___..___ "._"_' "...."."...A.._'''''''..._...,..''' ,19~ Account# :30.;,)/,'./0- - b -,l(YG ,...~UAl FINANCE Amount Financed Total of Payments Total :iale Price PERCENTIl.GE RATE CHARGE The amount of credil provided The amount you willl1ave paid after you lne total cost of your purchase on . ' The costot your credit as The dollar amountthe to you or on your behalf. have made all scheduled payments. credit, including your down payment a yearly rate. credit will cost you. of$ 4,933.50 10.99 % $66,678.90 $ 44,911.50 $ 111,590.40 $ 116,523.90 Your Payment Schedule will ~e: No. of Payments Amount of Payments 240 $ 464.96 $ When Payments Are Due Monthly, beginning May Security: You are giving a security interest in the mobile home being purchased. . 19 97 Prepayment: If you payoff early, you will not have to pay a penalty. Fit.,. F...: $ 2 Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, Dr part of a month greater than 10 days, that it remains unpaid. Assul1lption: Someone buying your Mobile Home cannot assume the remainder of this Contract on the original terms. See below and any other Contract documents for any additional Information about nonpaymen~ default, any required repayment in full before the scheduled date and prepayment refunds and penalties. e means estim,~te InthisCtlntrac~ . weare Countrv S~de the SELLER. Village HCr:es, Ir:c. Name 2023 Lincolrn.",y East, Chambersburg, PA Address 17201 Zip Code You "! Kenneth A. ~mith the'BUYER(S).1Jebra A. Smith 64 Rustic Dr., Shippensburg, PA 17257 Name(s, Address(es) Zip Code(s) PROMISES JOINT AND SEVERABLE: If there is more than one Buyer, each of you promises, separately and together, to pay all sums due us and to perform all agreements in this CDntract TRADE-IN: You havttraded in the following vehicle: $ -$ =$ Year and Make Series Gro" Allowance Still Owing Nel1rade.ln If a balance is still owing on the vehicle you have traded in, the Seller will payoff this amount on your behalf. You warrant and represent to us that any trade.in IS free from lien, claim, encumbrance or security interest, except as shown above as the amount ~~Still Owing." PROPERlY INSURANCE: You may choose the person through whom insurance is.obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. If you obtain property insurance through us, the premium costs for the insurance te~ms indicated below are included in the item called To Properly Insurance Company of the ITEMIZATION OF AMOUNT FINANCED seClion of this Contract In the section called YOUR PROMISES ABOUT INSURANCE on the reverse side of this Contract you are prom~ing to insure the Vehicle and keep it Insured. Mobile Home Other"' Physical Damage Ins. $ Term _ Mos. (Describe) $ Term Mos. _ Comprehensive on _ OL.1er Mobile Home $ Term _ Mos. (Describe) $ Term Mos. Aresnd . TOTAL Theft $ Term Mos. CHARGES $ CREDIT INSURANCE IS NOT REQUIRED: Credit Ufe Insurance is not required to obtain credit, and will not be provided unless you sign below and agree to pay the addilional cost Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your Insurance certificate or policy win tell you the MAXIMUM amount 01 insurance available. " Credit Ufe Insurance will _ not be provided. _ be provided for the term of the credit _ be provided for 3y signing. you select Singte Credit Ufe Insurance, What is your I' By signing, you bot~. select Joint which costs $ age? _ Years Credit Ufe Insurance, which costs $ months. Wharare your ages? Signature of Buyer to be insured for Single Credit life Insurance EXHIBIT I "A" IF YOU DO NOT MEET YOUR CONTRAC1 OBlIOATiONS, YOU MAY LOSE THE MOBILE HOME AND PROPERTY THAT YOU BOUGHT WI1H THIS CONTRAC1. AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE.' . Th~ Contract ~ between Sel~r and BoYer. All disclosures have been made by Seller. Seller intends to assign this Contract to the Assignee. Itemization of Amount Financed Cash Price Including Sales & Lo,ory Tax $ 49,845.00 Cash Downpayment $ 4,933.50 NetTrade-ln $ 0 '... Total Downpayment $ 4,933.50 Unpaid Cash Price Balanee $ 44,911.50 To Credit Insurance Company ".. .. $ -- To P~operty Insurance Company ;,~?':( To Public Officials for: Ucense, Tags and Registration $ lien Fee "'c"'.' . I To , 0\ ! To ';o.""''i"l" $ , '. 10 -"!I'i;." .." $ To l.....r~"~ ...-."~'~~.., "-",.~ .. - - insured for Joint Credit ute Insur3nce may De retalmng a oroon or mlS a~lE~~IJ~}L,. _...-:- _,_. ",-~!-".io.:f':':;", . ".-:~;__l .., .. - "~, , , length & Width , ... ..0.... '.;;.. .,..~. '. ,"'. '. ~ _, :.:' '!k....l-~,..:.~:._._.,._.;.-".~.-....~_~.~.;,.~s'...t.:,......~~..:..~ .._....::..:....;!.,._ -_r....'_ wl1ich is c:alled the .'Vehlcle.. or '.MoOlle Home.. In thIS contract Serial Number $ 44,911.50 Finance Charge $ 66,678.90 Total of, Plj'ments (Time Balancel $ 111,590.40 Payment Schedule. You agree_ to pay to us the A~ount Financed plus interest in 240 uninterrupted ~onthly paymenls of $ 464.96 each, and a final payment of $ . The first payment will be due on Ha.y 1, 19 97 . and then paymenls wUI be due on that same day of each. month following. N , 1997 Duchess Equipped with ASSIGNEE: We'may assign this Contract and Security Agreement to the Assignee named in this section, which is the "Assignee." If at any time the Owner of the Contract assigns the Contract to another assignee, the t,erm then reters to such other assignee. After the Assignmen~ all rights' and benefits of the Seller in this ~ntract and in the Security Agreement shall belong to and be enforceable by the ASSignee. The Assignee is: N/U Year and Manufacturer Color & Modei Clay/White 5003 28 X 52 . . ._..:... ._......_.... _..._......_... _h_ ..........Il ,1...IU;c=g 867[, F l\=atiol1<."!.l Penn Bar.k, :-~ading & Pi..ile.delphia Aves., BoyertO'(.;n, FA 19512 CO.SIGNER: Any person signi:1g the Co.Signer's Agreement below pramises. separately and tagettler with all Cc-Sigfler{s\ and BU:l~f{S), In pa:l all sums due and to perform all agreements in this Contract Co.Signer will not be an Owner of the Vehicle. CO.OWNER: Any person signing the Co.Owner's Security Agreement below gives us a security interest in the Vehicle and agrees separately and together with. all Co.Owner(sj and Buyer(s), to perform all agreements in the, Security Agreement and all other parts of this Contract except the "Promise to Pay" section. TERMS: The terms shown in the boxes above are part of this Contract. ''''' ~i<> '''~ _" u<, B\1 Il fA '?r~ CO-SIGNER'S AClI:EEMENT: YOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUI>IENT, B:E:FORE SIGNING THIS AGREEMENT. You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perlo'riD all apments in this Contr~t. You intend to be legally bound by all the terms of this Contra~t, separately a.nd together, with the Buyer. You are making this promise to indUce us to malee this Contract with tbe Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. PROMISE TO PAY: You agree to pay us the Total Sale Price for the Vehicle by making the Total Downpayment and paying us the Amount Financed plus interest You promise to make payments in accordance with the Payment Schedule. You promise to make payments on or before the same day of each month as the first payment dlle date. YOII agree to pay all other amounts which may become Que under the terms of this Contract. You agree to pay the Seller or Assignee costs of suiL You also agree to pay reasonable attorneys' fees it Seller or Assignee hires an attorney to collect amounts due under this Contract or to protect or get possession of the Vehicle. You agree to make payments at the place or to send payments to the address which the Assignee most. recently specifies in the written notice to you, By signing below, we agree to sell the Vehicle to you under the terms of this Contract. 3 -J..o-<ij Date Co-Signet's Signature (SE:\L'\ Ca-Signer:s Signature (SEALl Address SECURITY AGREEMENT: To secure the payment of all sums due and the performance of all required obligations under this Contract, you give a security interest in the Vehicle, in all appliances, furniture, equipment and fixtures Icalled "accessions") attached to the Vehicle at any later time, and in any proceeds of the Vehicle, including insurance proceeds. The Assignee may set.off any amounts due and unpaid under this Contract against any of your money on deposit with Assignee. This includes any money which is now or may in the future be deposited with Assignee by you. Assignee may do this without any prior notice to you. ADOITIONAl TERMS AND CONDITIONS: THIS CONTRACT CONTINUES ON THE REVERSE SIDE. YOU ARE OBLIGATED TO All THE TERMS OF IHE CONTRACT WHICH APPEAR ON THE FRONT AND REVERSE SIDES. NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. . :~:::~~7/~ ' Debra A. Smith (SEAL) 3-i~.";' Dale (SEAL) 3'J':r-f--:: ,Oale . Date' . Address Date CO.-OWNER'S SECURITY 'AGREEMENT: You, the person signing below as "Co.Owner," together with the Buyer or otherwise being all of the OWners of the Vehicle:. give us a Security Interest 1n tbe Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the "PromiscTo Pay" section. You are giving us the security interest to induce us to make this Contract wIth the Buyer, and to secure tne payment oy tile Buyer oi all sums due on tms Contract. You:will not be responsible for any deficiency which might, be due after repossession and sale of the V ehicle. ~:;~,"-:<~f:' Co-Owner's Signature (SEAL) ~:: ..~~., Address Date ~_:-:!~. BUYER, CO-SIGNER AND CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COpy OF THIS CONTRACT ATTHETIME OF SIGNING:, ' J\' 5n ' " 'j , ~ J ., m( A ~ BfflJe h;1 [l ((."-. /fh CO-SIGNER CO-SIGNER OR CO-OWNER NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION. :,$;i. 3ANCONSUMER FORM PA 25.SlC {6/94} o 19948AHCONSUMERSERVICf,INC. oilNL"\J~UMt'rt ~0ltM 1"1\. t:l.;'U; \t)/~") ..-.....",....-., ~ ORIGINAL TO BANK .... _.-..~..__..._,-_..--." ~. '.~... -. -... ..~ ., ~ ",:.~: ,- .;-, " ....,..""'T.,""'-t::;.:;~-.~~-, " ~'J" .L-~ I,*>,';K~L DEPARTMENT OF TRANSPORTATION CERTIFICATE OF TITLE FOR A VEHICLE YEAR ~~;,. 'i.jf .,~5 ~~;_: '112m 'i~~'~~~:; I . -GCWAu_u I.m Tm.,-';iANiis~--'u ,~ o ~ ~CTu~~:~:R STATUS ~1 .1~~~G,:e:~,:~STHEMeCHANICAl I~ ::.. NOTTHEACTUA/.MILEAGE i':=': J.. M)TTJ.!e.ACTUAL~e:-ODOMETER 1~ TAMPlOR1IIIGVEAtFlEtr:'! ...'t;!j~ 4.. EXe"'PTFROMOOOM~OISCl.OSURE ~:~j TrTte ~AAN i-i~i, ~ ;~~~~r; ~~~: I~!~l G - OAIGlNAtJ..Y,MFGO:FOR NON;U.S. "jfr..t H ..~~I~.:t.VEl-ltCu:: 11 ~3 ~ : ~~~~~~~~~~~Ll' ~ : : ~~~:~CTED '\ ~~ T aRECOVEREOTl-lEFTVEHIClE: ~;""t; :: ~=~~~~SjA~SSUEDVIN ~I '. '"i.'? <'-"'\ -.'''', Ifa second lainholdar is ,listed upon satillfaction 01 the lirsl lIan, tIllt_fjrsl ~~~~:':;~~~7f;~.lhlll TiUe to the Bure~ 01 Motor Vehicles W~Jl:',,'r \, SECONO'ueN AEl.EASEO .~"'"" . ~/'- .- ,,~.';~~TE BY AUTHOf\\ZEO Rep~EBEw.TP.TWE .-'* t ~~~~ ;' F~ '1 iil ---------.._~.._----._--'_._--------_..-._--- 97114001000229b-001 VEHICLE iDENTIFICATION NUMBER 0- 1 SEA-lCAP CUP Wl~?7'J2~!'~?112/97 OATE PA nn.eci-...-.j----. ".OATE-O,iis.sUE .-- DISCLOSURE REGISTEREO OWNER(Sl KENNETH A & SMITH blJRUSTIC DR SHIP,PENSBURG DEBRA PA 17257 fiRST WEN FAVOR OF' PENN BANK FII'lSTUENRELEASEC DATE BY ;-!I , AUTHORIZED RePftESENTATlVE .':-,-~,!".~.,~"'1-~.~~~ MAiliNG ADORESS NATIONAL PENN BANK PHIlA & READING AVE BDYERTOWN PA 1951F 197 r I EXEMPT A "j DUCHESS C " - -. - 'MA~E: OF VEH-ICLE o:r- . " '~",..~-....".,-_ "____. .T".-r-n..-....---,-,.' BY FEDERAL LAW 'SECOND USN FAVOR OF: ~ ./ I "artily as,of the dale ollSllue. the oHlcial rllCOfds of lhe Penns~lvania Department 01 Ttansportalion fellecl tnallhe persOIl\s) or eompany tJame<:l hereiflls \he laWlul owner 01 the said vehicle. '. I BRADLEY LHALLDRY "" SIGNA TlJRE: OF PERSON ADII.lINISTEAING OATH " 0., "'" Whan applying lor rille With 8eo-oimEH'. Olherlhan yoor5p01Ise.checll OM 01 tn_ blocks. II no Okx:k js checl<ed, litlewrll be .ssued all "Tananll in Common", A 0 JoiIlt Tenanl! with R;ghl 01 SlI"'ivorsh<p (o~ dealh 01 Dna ~rlfJr. tills goes \0 ll'le SUI'\IMng OWIW). " B 0 Ter\al1ts In c-.m~ {on oesll'! of one owner. >llter"SI or deceased ownB' !Oo.;;~:" :1.J':/; ;',,,, ,'~.i~ 'J' H:~'al. UEN DATE: F1AS \.~HOLCE~: IF NO UEN CHECl<SOX o ;~-6.i; I I I;:'~\~ ~~: ~~;~ti NA.... STl'IE-=1" C1T{ STATE> ~, liEN DATE: SECOND LIENHOLDER' IF NO LIEN CHECl<80X o The ':';'derf;,gned hare~ make~ ;lPphcallon for Certificate of Trtle to t~e vehicle descnbad abOVe. s~l:llact 10 tne-G-ncu<r.tlranco!S ~ olher legal dalms sel fon~ ~..re. , _I'>i,:-';'~ - ".1.-0' O.~ N,~ W~ !J~,W. SIGNr\.T"~;;EO""!>PI..\C,l,HTCP',I,'.rt1-;()P,\z;:.DS SIGNA-ru;:>ii: O~ CQ--rl-P"L:Crl-NT_,ITLE uF AUTHORIZE '" .!!-<~ I , EXHIBIT ii'",,, ;~:t;~ ,;.:! t~:;:i[> ."",,~~\i\~ "BIl '" ,- " >.i ~ ~" _ ,~ ~ iiI! NATIONAL PENN BANK CERTIFIED MAIL TO: Kenneth A. Smith 64 Rustic Dr. Shippensburg, PA 17257 Acct. #362161068486 Notice Date: May 3, 2000 NOTICE OF INTENTION TO COMMENCE LEGAL ACTION AND REPOSSESS MOBILE HOME You are currently indebted to National Penn Bank (the "Bank") pursuant to an Installment Sale Agreement dated March 20, 1997 between the Ban1( and you with regard to your 1997 Duchess, Vehicle Identification Number 8674F. The Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due since March 15, 2000 have not been paid, along with real estate taxes for 1998 and 1999, and forced placed insurance premiums of $~. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter, is $534.50, along with all delinquent and unpaid real estate taxes, and unpaid insurance , premIUms. You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above amount of $534.50, plus any additional payments which may fall due during this period, including all other events of default that may exist. Such payment must be made either by cash, cashier's check, certified check or money order and made to: National Penn Bank P. O. Box 547 Boyertown, PA 19512-0547 Attn: Kay Oswald (610) 369-6211 If you do not cure the default within THIRTY (30) DAYS, the Bank intends to exercise its right to accelerate the Installment Sale Agreement and will instruct its Attorneys to commence a legal action to take possession of the Mobile Home. At the end of the thirty (30) day period, if you wish to cure the default, you will also be required to pay reasonable fees actually incurred by the Bank prior to commencing a legal action to take possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs, up to an amount of Fifty Dollars ($50.00). EXHIBIT l Philadelphia & Re I' w1n, PA 19512 610-3 II e" Mem ., ~ " 1-" Kenneth A. Smith Page Two Once the Bank commences a legal action to take possession of the Mobile Home, you will also be required to pay any reasonable fees actually incurred by the Bank, including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty Dollars ($50.00). The Bank may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sale Agreement. If you have not cured the default within the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have the right to cure the default at any time before the title to the Mobile Home is lawfully transferred from you, which shall be no sooner than Forty-Five (45) days after your receipt of this Notice. You may do so by: (a) paying all amounts which would have been due if you had not defaulted and the Bank had not accelerated the Installment Sale Agreement; (b) perform any other obligation which was required of you under the Installment Sale Agreement; (c) paying reasonable fees actually incurred by the Bank in taking possession of the Mobile Home, including, but not limited to reasonable attorney's fees and c'osts; (d) paying any late fees or penalties as set forth in the Installment Sale Agreement; and (e) paying any cost incurred by the Bank in detaching and transporting the Mobile Home to the site of the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling the Bank at the telephone number of the person listed above. This payment must be in cash, cashier's check or certified check. You should realize that a sale or transfer of title to the Mobile Home will end your ownership of the Mobile Home. 'c ~-' "~"-~! :-:. - ~illi Kenneth A. Smith Page Three You have additional rights to help protect your interest in the Mobile Home. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default as set forth above, the Installment Sale Agreement will be reinstated and you will then be able to make payments for the balance of the Installment Sale Agreement as if the default never occurred. NATIONAL PENN BANK BY:~ kt$t(I Kay swald Special Loans Adjuster \ I I I , i , ,I, ~' ,_ ''''''_: II NATIONAL PENN BANK CERTIFIED MAIL TO: Debra A. Smith 64 Rustic Dr. Shippensburg, PA 17257 Acct. #362161068486 Notice Date: May 3, 2000 NOTICE OF INTENTION TO COMMENCE LEGAL ACTION AND REPOSSESS MOBILE HOME You are currently indebted to National Penn Banlc (the "Bank") pursuant to an Installment Sale Agreement dated March 20, 1997 between the Banlc and you with regard to your 1997 Duchess, Vehicle Identification Number 8674F. The Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due since March 15, 2000 have not been paid, along with real estate taxes for 1998 und 1999, and forced placed insurance premiums of $psr.ffil. The total amount now required to cure this default, or in other words get caught up in your payments, as of the date of this letter, is $534.50, along with all delinquent and lmpaid real estate taxes, and unpaid insurance premiums. You muy cure this defuult within THIRTY (30) DAYS of the date of this letter by paying to the Bank the above amount of $534.50, plus any additional payments which may fall due during this period, including all other events of default that may exist. Such payment must be made either by cash, cashier's check, certified check or money order and made to: National Penn Bank P.O.-Box 547 Boyertown, PA 19512-0547 Attn: Kay Oswald (610) 369-6211 If you do not cure the default within TIDRTY (30) DAYS, the Bank intends to exercise its right to accelerate the Installment Sale Agreement and will instruct its Attorneys to commence a legal action to take possession of the Mobile Home. At the end of the thirty (30) day period, if you wish to cure the default, you will also be required to pay reasonable fees actually incurred by the Bank: prior to commencing a legal action to take possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs, up to an amount of Fifty Dollars ($50.00). Philadelphia & Reading Avenues . Boyertown, PA 19512 610-369-6128 . 1-800-822-3321 Member FDIC . Equal Opportunity Lender - . Debra A. Smith Page Two Once the Bank commences a legal action to take possession of the Mobile Home, you will also be required to pay any reasonable fees actually incurred by the Bank, including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty Dollars ($50.00). The Bank may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sale Agreement If you have not cured the default within the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have the right to cure the default at any time before the title to the Mobile Home is lawfully transferred from you, which shall be no sooner than Forty-Five (45) days after your receipt of this Notice. You may do so by: (a) paying all amounts which would have been due if you had not defaulted and the Bank had not accelerated the Installment Sale Agreement; (b) perform any other obligation which was required of you under the Installment Sale Agreement; (c) paying reasonable fees actually incurred by the Bank in taking possession of the Mobile Home, including, but not limited to reasonable attorney's fees and costs; (d) paying any late fees or penalties as set forth in the Installment Sale Agreement; and (e) paying any cost incurred by the Bank in detaching and transporting the Mobile Home to the site of the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment will be by calling the Bank at the telephone number of the person listed above. This payment must be in cash, cashier's check or certified check. You should realize that a sale or transfer of title to the Mobile Home will end your ownership of the Mobile Home. ' . '" ~. o~. Debra A. Smith Page Three You have additional rights to help protect your interest in the Mobile Home. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default as set forth above, the Installment Sale Agreement will be reinstated and you will then be able to make payments for the balance of the Installment Sale Agreement as if the default never occurred. NATIONAL PENN BANK By: ,----L-~/<<dt// ~ald' Special Loans Adjuster . ,,~ .-J , " ~~' ,:. ,'.' '-0'"-",,"""'"--''- _~_(, v .,.-<-:;" --' ,,~, ~,- ,- '- - - ij; PIOSA HIXSON & REILLY ATTORNEYS AT LNN MICHAELJ.PIOSA BOYD G. HIXSON THOMAS E. REILLY, JR. THOMAS A. CAPEHARI' LISA A. YOUNG June 16, 2000 ONE WINDSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN, PENNSYLVANIA 18195-1014 TEL: (610) 530-7500 FAU<:(610)530-8190 TO: TO: Kenneth A. Smith and Debra A. Smith,: We have filed this complaint against you on behalf of our client, National Penn Bank,. WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE: The amount of the debt owed by you is $43,894.39 as of June 6, 2000. National Penn Bank is the original creditor for this debt. You have thirty (30) days from the date of this Notice to dispute the validity of this debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion thereof is disputed by you, we will obtain verification of the debt from our client and provide such verification to you. Please note, that despite the thirty (30) day period described above, the Bank is not required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed, including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed with any sucb action within the time frame set forth in the accompanying complaint or documents, and any other previous correspondence you may have received directly from the Bank. This letter is from a debt collector. This letter and any other correspondence from this office is an attempt to collect a debt and any information obtained will be used for that purpose. Sincerely, ~4#!~ EXHIBIT "D" ,," ~-~-~- ~~ "'"""_.~~.c~""'~~~": .... '~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-03752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL PENN BANK VS SMITH KENNETH A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon SMITH KENNETH A the DEFENDANT , at 0013:00 HOURS, on the 13th day of December, 2000 at 64 RUSTIC DRIVE SHIPPENSBURG, PA 17257 by handing to DEBRA A. SMITH a true and attested copy of COMPLAINT - REPLEVIN together with REINSTATED W/NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.78 .00 10.00 .00 39.78 ~~-'1'(;~ R. Thomas Kline 12/14/2000 PIOSA, HIXSON & REILLY, Sworn and Subscribed to before By: \J<Udr\ -J-. ~ -e L Deputy Sheriff ~. Ii day of me this ~ ~ A.D. 9r; - f2 nuj1/~..h~---" rothonotary ~.~-' -.." -.l!'",-,,!" SHERIFF'S RETURN - REGULAR ........ :.. CASE NO: 2000-03752 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATIONAL PENN BANK VS SMITH KENNETH A ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon SMITH DEBRA A the DEFENDANT , at 0013:00 HOURS, on the 13th day of December, 2000 at 64 RUSTIC DRIVE SHIPPENSBURG, PA 17257 by handing to DEBRA A. SMITH a true and attested copy of COMPLAINT - REPLEVIN together with REINSTATED W/NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 SO;;::~A~~~! R. Thomas Kline 12/14/2000 PIOSA, HIXSON & REILLY Sworn and Subscribed to before By: C0~B. ~ Deputy Sheriff 1'[\e this If' ~ day of =0; ~ AD ~t2 ~.~~", othonotary' .,-- LAW OFFICES PIOSA HiXSON & REILLY P.C. ONE WINOsofl PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOwN, PA 18195-1014 (610) 530-7500 """:". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION - LAW NATIONAL PENN BANK, Plaintiff ) ) No. 00-3752 Civil ) ) ) REPLEVIN ACTION ) ) vs. KENNETH A. SMITH and DEBRA A. SMITH, Defendants PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Replevin in the above-captioned matter. PIOSA HIXSON & REILLY, P.C. I Date: Vec. 51 d@ II I ~maJl. . Reilly, Jr., Esq. Attorney or Plaintiff Attorney L D. No. 41668 One Windsor Plaza, Suite 01 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 ',,- ~ iiOi.wiil-:H-i:liilJM~'"""""'.~_~~'''''''''''''~'''';.'''''''' " ,,",'" /""""h' ", ". /. ,., 0 0 0 C 0 'T1 s: Cl "'DCD P1 ;g nlm C> Z:CJ ,ion ZC;: :~'-{ ~<:. ~;.S~,~ r;::c:; ..", Po ::l'~ ~~5 ;:lj ~O Zm '-:? c )>c >! z ~ :xJ (.) --< _~,,_r&:, h ~ I .. LAW OFFICES PIOSA HIXSON & REILLY P.C. ONE WINDSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 (610) 530-7500 "~I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff ) ) No. 00-3752 Civil ) ) ) REPLEVIN ACTION ) ) vs. KENNETH A. SMITH and DEBRA A. SMITH, Defendants PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue the Writ of Possession in the above matter. PIOSA, HIXSON & REILLY P.C. Thomas E. Reilly, r., Esquire Attorney for Plaintiff Attorney I. D. #41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 ~~'-'-~.lillifi1'M1ililliilllJ~t -ti.l.: l~ila~~!i.MMlIt'" .;",d',""""""';", "ka . j , I}J ~ !Iv 1lJ .e ~ (J ~ 0 ....... ~ ~ :-0 :-0 (' :-0 - f' -:-- ';- c ' t 0 tv () () ~ 8 --l 0 CI 0 () 0 () () "'I) c ,... r:y ,~ 'Ll '.' "- \ , I I l lTi. -- ;:: [)-cJ /- . :"<) C ~ :2~ :.. c-~, .(;, ~2 ,:- ~ - ~p-: ;.:"~ I~~ ~-.,.. -....J ... , .- - ... ... ,,-. ~ ... :t' ~ 0;':(.-' ----- - v~ i:~; ... ... "".-"C': ... . , , ~ -~.. " ... " " .'...~ 7 ~) .zr::- -~ \'=> , " .. ~ - LAW OFFICES PIOSA HIXSON & REILLY P.C. ONE WINDSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 (610) 530-7500 '-_I!,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff ) ) No. 00-3752 Civil ) ) ) REPLEVIN ACTION ) ) vs_ KENNETH A. SMITH and DEBRA A. SMITH, Defendants WRIT OF POSSESSION Commonwealth of Pennsylvania: ) ) County of Cumberland ) To the Sheriff of Cumberland Countv: To satisfy the Judgment for Possession in the above matter, you are directed to deliver possession of the following described property to National Penn Bank.: 1997 Duchess Mobile Home, Serial Number 8674F; and located at 64 Rustic Drive, Shipp ens burg, Cumberland County, PA 17257. Prothonotary/Clerk, Civil Div. by: Deputy Seal of the Court Date By: Thomas E. Reilly, Jr. Attorney for Plaintiff One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 ,;, - ~" .'-;'-'.- .'--,', ,-.,,, ,~ . ,~""~,' ". ,- ~" - '", ,,,; ..' _4~ ' _i_';'".;';:'_~__':" _" " ,/-.; , " ,;"" ''''"~':,, ,,,' .- ;'" .~, ;;;"'~ I.,.. 't' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff vs. ) ) No. 00-3752 Civil ) ) ) REPLEVIN ACTION ) ) KENNETH A. SMITH and DEBRA A. SMITH, Defendants PRAECIPE FOR .JUDGMENT Enter Judgment in favor of Plaintiff and against Defendants. Kenneth A. Smith and Debra A. Smith. for want of failure to file a responsive pleading to Plaintiffs Replevin Complaint. .lL- Enter judgment for possession of the following personal property: 1997 Duchess Mobile Home, Serial Number 8674F; AND X Assess damages as follows: Debt. . . . . . . . . . . . . . . . . . . . . . $43,894.39 Interest from 06/06/00 to 04/02/01 @ $13.03/day. . . . . . .. $ 3,909.00 Attorney's Commission ., . . .. $ TOTAL ..,. . . . . . . . . . . . . . .. $47.803.39, plus interest from 04/02/01 and costs X I certifY that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. x Pursuant to Pa. RC.P. 237.1, I certifY that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the notice is attached. Date: tlPtlL? I '(' "" I Cl2.- Thomas E. Reilly, Jr., Esquire Attorney for Plaintiff Attorney LD. No. 41668 One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 ~ NOW, (:J rll-~ l _"'" <-+,-'r' O__C",'-,u,.":.' If) ';"',' ,--". ':>"";;-'-'" "',"',," '.,,, '':--n'^ .., ~,",__c.,"" " , 2001, JUDGMENT IS ENTERED AS ABOVE. ~: A~ ,P !pCfM<.ycr- Deputy 0._'-_,'_'- . ~'"",--_' ,-";:~o>"-~.~-;,,_,__,,,_ -~_I_ <~_;;-- "_'~____--'-_"_'" - '_,_..-.;~--~_'. ","",-~"'-_M,,',;;<-.,,- , .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL DIVISION - LAW NATIONAL PENN BANK, Plaintiff vs. ) ) No. 00-3752 Civil ) ) ) REPLEVIN ACTION ) ) KENNETH A. SMITH and DEBRA A. SMITH, Defendants ( X ) Notice is hereby given that a Default Judgment in the above-captioned matter has been entered against you in the amount of $47,803.39 plus interest from April 2, 2001, and costs, on -1lt,{L\ '- r (.:) , 1'1} clOD! ( X ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed, ~ ~Ch-P ~8 ~~ If you have any questions regarding this Notice, please contact the filing party: Thomas E. Reilly, Jr. Esquire One Windsor Plaza, Suite 101 7535 Windsor Drive Allentown, PA 18195-1014 (610) 530-7500 (This Notice is given in accordance with Pa.R.C.P. 236). 0'- L'::O~-'" " ;..-," ~_\_-_<:;""x-_o: .'-'",' :'C_...___;,-<.;~ ,_,",<'~;<h:_";'oi';;~:';.o'''~:,r';-'-''';;;;o_,,~.~,;_'., -',-",oi,,\ , CERTIFICATION OF ADDRESSES I, THOMAS E. REILLY, JR., ESQUIRE, hereby certify that the precise address of the within-named Plaintiff, National Penn Bank is Philadelphia & Reading Avenues, PO Box 547, Boyertown, PA 19512-0547 and the last known address of the within-named Defendants, Kenneth A. Smith and Debra A. Smith, is 64 Rustic Drive, Shippensburg, PA 17257. Thomas E. Reilly, Jr., Esquire 0....- - ,.,,,,~-",~,,.,,-, ,-,,,,..-"~...,,j~-~,-..", - ,~ ,',' ~""\'-;',,,,-~ ",' .,-- ,'';',' " C".~-. _... '-, -'j ( NON-MILIT ARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ) ) ss: COUNTY OF CUMBERLAND Before me, the undersigned authority, personally appeared Thomas E. Reilly, Jr" Esquire, who being duly sworn according to law, doth depose and say that the Defendants, Kenneth A Smith and Debra A. Smith, were not in the Military or Naval Service, based on the following facts as of the date of this affidavit: Age of Defendant: Sui Juris Present Place of Employment: Unknown Present Place of Service: 64 Rustic Drive Shippensburg,PA 17257 Sworn to and subscribed before me this d.ML day of April, 2001 A.D. ~~~ Notary Public NOTARIAL SEAL , Notary Public Susan MOrrison, f L h'gh Upper Macungie TWp.,' co~n:; ~6 ~O~5 My CommiSSion EllpllllS e. , . L...WOFFICES 051\ HIX.$QN & REll..LY P.C. "E WINDSOR PLAZA, SUITE 101 7535 WINDSOR DRIVE ALLENTOWN, PA 18195-1014 (610) 530-7500 ~~~it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION - LAW NATIONAL PENN BANK, Plaintiff ) ) No. 00-3752 Civil ) ) ) REPLEVIN ACTION ) ) vs. KENNETH A. SMITH and DEBRA A. SMITH, Defendants DATE OF NOTICE: January 4, 2001 TO: Kenneth A. Smith 64 Rustic Drive Shippensburg, PA 17257 Debra A. Smith 64 Rustic Drive Shippensburg, PA 17257 , i i I i , , , I i I I ! , i I IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 2Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PIOSA, HIXSON & REILLY P.C. ~ B'y: -......l '-' - ~I Thomas E. Reilly, Jr., E~ Attorney for Plaintiff Attorney 1. D. No. 41668 One Windsor Plaza, Suit 101 7535 Windsor Drive Allentown, PA 18195-1014 NtlPenn/Smith/10day ",' :IiU .... ~U_~~~~~m:.lWd>~k<>ilr'ilMlit!il;'@~>l~ ". ~, ',' , ~ ",.,.;.-,- ~W g-' ." . ~ -kl. ~ 1i (J -.0 --0 (') 0 C) 0 C -Ii f[ 0 ?:: '"," \> "1J (!:'; .,' () nlp ~-J ..... Z~:,' f" I ...:-'_i. '- ...... ::12.00':; C::J () 1-' r::: )";r,' w ~- -',., 1 r .~:; C) ::1':: C:' a C ()tJ j~~~: ~_O L5f'n -t" ""1 OJ r 2:' ~ .:,;~ ~ t =2 ~~ 10 -< r--- J F;J -R- 0 ~ ...... ~ ri: ~ i_ ,:..~ _ - --,--~~, .i _'~ WRIT OF POSSESSION (Ejectment ProceedingsPRCP 3160 - 3165 etc.) National Penn Bank IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. No. 00-3752 Civil Term Term vs. Costs K.-nneth A. Sm; th and Debra A. Smith 64 Rustic Drive SShippensburg, PA 17257 AU'y. Pl'ff (s) Prothy. $ 201. 30 $ $ 1 00 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: National Penn Bank Plaintiff (s) being: (Premises as follows): 1997 Duchess Mobile Horne Serial Number 8674F 64 Rustic Drive Shippensburg, PA 17257 (2) To satisfy the costs against the defendant (8) you are directed to levy upon any property of the defen- dant (s) and sell hislher (or their) interest therein. (SEAL) Curtis R. Long Prothonotary, Corrnnon Pleas Court of Ctnnberland County, Pennsylvania _By: ~rv>.t>_ 8_7?(CJ').n~.~ Deputy Date APril 20, 2001 ""', , " -'" ~'""i.;'.~ " - jl.w~.(g-'~ ,__ ~ '1H~~i.ID!~t~"':' - '" ',S,-~ "" .'" -'-"'- 'J,,"-'_='~'- . >- 0. 0. (il C/O C/O en "tI "tI >- g a ~ q ""' :;. c;' ':< ~ '-;< '-/ ~~L;l5' :t t-'wro ..... Q ~~en:;:~ Pl (j...v rt :a: .....8 rn o:::P. g f-"::l ..., ",I :3 a g. ~ f-I ~- rn 0 '< = 0 I-l ""0 ~ vo 11:1 ti ""'l IV 3 :>- o;:s "tI ~ ,,," t-' I-l III '" .f;;' ....... co 1-'" N ........ cr" t-'';: III :i" (1) \..00)' c. rD If rg~~ ""'l I-:' I-'.~ < 0 IT '-" ell I-:' CD 0. ",. t-' o t-' f;;F7 f;;;F7 f;A -tA N o I-:' I-:' . . o w o 0 n o C/O ~ C/O :-=~ ~~ n.... . >-3 :-=0 ","l ...."'tl ~o '?rIl "'rIl ....toj ~rIl lIlrll toj.... >-30 r"lZ By virtue of this writ, on the 5th day of I caused the within named National Penn Bank have possession of the premises described Shippensburg, PA 17257 ..LI1 (J)"'~ ::r",.ro f-'. S :>l 1? ro ,~ rn rt ::lrt::r rn f-'. 0"0:>- ~ R' ~ - f-'. ~ t-cI~rt ~ ::r ~ g N p,-< en C/O -J i? 0" ~ 1" (J) ~. rt ::r June 64 Rustic Drive 'ill" .' ~ rt f-'. ~ t-' :F ::l ::l n.... ~Z ~>-3 g:J~ ~n t""0 >~ Z~ 0>-3 nO O"l ~n ~o ~~ ~ "'tl~ tojo Zz Z"'tl rIlt"" ~toj ~> ;p.:rIl ZO ...."l > 2001 Z Z ? 0 o o I w -J U1 N " f-" <: f-'. t-' (;l (;l ..., ..., .p a , to w ~ 'S;;;:v -rrli Sheriff's Costs: $ 51.40 --~1TJ '::::::'::::;~-:i S'-;-': day of scribed to before me this ,)<} ~ , 020r;j a 7'Pr,pj,. " J~~ Prothonotary ~ , _ _, A._ Refund Amount: $ 98.60 V'IN\tAlASNH3d :J -'i C' ~ --1 'u \1 ~! So Answtla. fld rE Z EZ lIdV By_ _' A1NOv,., ,~.I~\1 ';,;j,J"lfIS ibIIHc:lHS 3Hi JS~MO ~ "l'Fl; =" IJ"tJ ~~~ ~:.:..\ ,... C" ~- - - -~- -i/-:;""L: Deputy J. d1) (Jc. ::];) 9..iJ I~ 1./.u..17 "