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HomeMy WebLinkAbout02-5726IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS, KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Defendants COMPLAINT IN REPLEVIN FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02750500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Defendants Civil Action No. ~;~ 2- -, COMPLAINT IN REPLEVIN AND 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 an 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. OF 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COUNT I - REPLEVIN 1. Plaintiff is a corporation having offices at 106 S. 16th Street, Philadelphia, PA 19102. PA 17266. Defendant, Kyle C. Delancy, is an adult individual residing at P.O. Box 34, Walnut Bottom, 3. Defendant, Gina M. Perry, is an adult individual residing at 1466 Wood Road, Lot 14, Shippensburg, PA 17257. 4. Defendants, Mac G. Delancy and Marie Delancy, are adult individuals residing at 407 Deborah Court, Chambersubrg, PA 17201. 5. Plaintiff is the holder of a Retail Installment Contract (hereinafter the "Contract") and Security Agreement secured by a mobile home duly executed and delivered by Defendants in favor of Mt. Rock Homes, Inc. on or about July 25, 1995. A true and correct copy of the Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 6. Pursuant to said Contract and Security Agreement, Defendants took possession of the mobile home more particularly identified in the Contract as a 1996 Astro Riverbridge Mobile Home, Serial Number AP960181. 7. Mt. Rock Homes, Inc. subsequently assigned its right, title and interest in said Installment Sale Contract and Security Agreement to Plaintiff. 8. Under the terms of the Contract, Defendants were to make 180 (one hundred eighty) consecutive monthly payments of $204.00 beginning October 25, 1995. 9. The total principal amount due to Plaintiff pursuant to the Contract was $19,257.00. 10. 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 a part hereof. 11. Defendants are in default of the terms and conditions of the Contract because Defendants have failed to make the required monthly payments since September 4, 2002. 12. Plaintiff is entitled to immediate possession of said mobile home which Plaintiff holds a security interest in and any proceeds of the mobile home, including insurance proceeds by virtue of Defendants' default. 13. Defendants have made partial payment under the Contract leaving an unpaid balance in the amount of $14,183.71 as of September 30, 2002. 14. Plaintiff avers that the Contract provides for finance charges at the rate of $3.79 per diem. 15. Plaintiff has performed all conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remain in possession of the mobile home at the above-stated address. 16. By virtue of Defendants' default, Plaintiff has an immediate right to possession of the mobile home covered by the Security Agreement the value of which is $14,183.71, plus continuing finance charges at the aforesaid rate of $3.79 per diem. 17. Under the terms of the Contract, Defendants have undertaken to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendants, Kyle C. Delancy, Gina M. Perry, Mac G. Delancy and Marie Delancy, jointly and severally, in Count I of this Complaint In Replevin, as follows: A. For possession of the mobile home, more padicularly identified as a 1996 Astro Riverbridge Mobile Home, Serial Number AP960181 COUNT II ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 18. 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. 19. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendants' default for the accelerated balance due under the Contract in the amount of $14,183.82, plus appropriate additional finance charges at the rate of $3.79 per diem on the balance due from September 30, 2002 and costs. 20. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 21. Contemporaneously hereunder, Defendants have been advised of his/her 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 entry of Judgment on Count II against Defendants, jointly and severally, in the amount of $14,183.71 plus continuing finance charges at the aforesaid rate of $3.79 per diem from September 30, 2002, reasonable attorneys fees and expenses for retaking possession and costs. WELTMAN, WEINBERG AND RETS, CO. L.P.A. ..--. o cz s,u i e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02750500 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. I t I I EXHIBIT ~U~A~NST 11.lE SELLE~ 0~: GOODS OR SE~YICE~ T ~ ~ B~ ~ YO~ A.~ ~N~ ~ U~ V~C~ ~E ~E IS PART ~ ~ ~ o~T~ o~ ~ w~ FO~ NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT IN BLANK, YOU ARE ENTITLED TO AN EsweX~..CT COpy OF THE CONTRACT YOU SIGN. KEEp IT TO PROTECT YOUR LEGAL RIGHTS. SUYER ACKNOWLE~E~ RECEIPT OF A COpy CF '~IIS RETAIL INSTALLMENT ! ~-J(PIIDi I . :I~W, :this' law firm'.is reqfiired to'advi§e y00 t,hat unless'within'30 d~iY§~ aft~/' r6fi~i t of this' notice you' di~pt/te'th~ vali~lit~t Bf'thi§ debt Or any portion ther66f the ~lebt:~ili;be assumed '- '".'t lid ;bs] If.'~ i et O On' ;sent to us.ln'.w,ritlng, we are required to 'provide.you With .' :]~/edfic&;~ion 6f.'th~ d~bt:, in the &v~t" within'.a 30'-'dhy p~rlo~l' y~)u' r~q6~st.in 'w~itin~l'..th~'. name of '..- ...the original 'creditor,'it will be ~r6vid'ed tO'you'if different, from the Current'creditor: In'the.event] .. ': - th'at you 8isp~te t,h.e, debt ai~d'/.~r request 'tl~e"n~r~ ~f th'~ 9.rigin~l creditor: i'n ~riting Within' th~ ' .,'.] ".30~da .'perle ; fid. furth..er acti6n wi'il' be taken to. obtaili.'.a-Juogmen~:in'.th~ pending lawsuit untii- .-' · :the 9erifi ati 'and nanle of the-od in I reditor'has.been.provided'to ye :'- "' "" ' ".: . . . ..-.. 'Thi~ law hrm"is' att"rapPing t~) colle~t.tfii~ ~l~bt for]ou) clier~t ~ndlah~, inforrflatioh'6btaihed '.: ' '.w~ll be'used fo~ that puro : ' : ":" ' T'he.ab'ov~'N~tic~ is B~in~'¢ven' pursuant to th~ Fai'r D~bt.Coli~ction Pra'~ti~:~§'Act'and'is' ' Separ~ite and distinct from"th'a.foreg0ing"Co/nplaf~t"whi~h:'must I~ 'responded to ih ~:onfoi'mi¢ . - - ... with the instructions therein. Because of the 'difference. ip time parameters, we.will not move :for. · .D. efau 't Judgment for at lea~ thirty,. (30~ day~ fron~' the' date"of service 'of this Complaint 'upon you, and if you request verification, we will not move for .Default 3.udgmen( Un~il .~/.reasonable ' ' · time after vefificati0r~' ha~' been pr~vide'd and after.the'expiration of.thi~,thirt~ (3(~) CaY period VERIFICATION Tho undersigned does hereby verify subject to the penalties of 18 PA.C,S. ~4904 relating 1o ur~swom falsifications to authorities, that he/she is Charles S Richards (Name) ._,.A.,.,s.,.s_._i._s_t~,~.t:.. Tr~a,~r¢~r .... Of Beneficial Savings Bank _, plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Compl,.imt are true and correct to the best of his/her knowledge, information and belief. WCr¢l o'_ 2'"/.50500 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL SAVINGS BANK VS DELANCY KYLE C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DELANCY KYLE C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - REPLEVIN On January 15th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 97.60 .00 134.60 01/15/2003 WELTMAN WEINBERG REIS Sworn and subscribed to before me this R~z~t day o~ A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL SAVINGS BANK VS DELANCY KYLE C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PERRY GINA M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - REPLEVIN On January 15th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 0 / 5/2003 Sheriff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this ~a~ day ~ A.D. / ! -Prothonot~r~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL SAVINGS BANK VS DELANCY KYLE C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn accerding te law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DELANCY MAC G but was unable to locate Him in his bailiwick. He therefere deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COHPLAINT - REPLEVIN On January 15th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/15/2003 Sheriff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this ~ day of~~ / ~-3 A.D. rothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-05726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENEFICIAL SAVINGS BANK VS DELANCY KYLE C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DELANCY MARIE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - REPLEVIN On January 15th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 oi/i5/2oo3 Sheriff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this ~k_ day of A.D. Prothonotgr~ ' In The Court of Common Pleas of Cumberland County, Pennsylvania Beneficial Savings Bank VS. Kyle C. Delancy et al SERVE: Kyle C. Delancy No' 02 5726 civil ~ow, December 6, 2002 hereby dep{ttize the Sheriff of Franklin , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland Count~, PA Now, within Affidavit of Service ,20a , o'clock/~ M. served the at by handing to and made known to copy of the ori~nal ~z~~-~ the contents thereof. So answers, County, PA COSTS Sworn,5.an~ subscribed/.,before SERVICE me ~ day offl(~ f ~. ,20 d 2- MILEAGE ~:~J//77),--~ L /7~ --- AFFI~A~T ~ I a[ncm A. Strine, Nota~ Public / L Y , ission Expires Nov. 4, 2004 ~ In The Court of Common Pleas of Cumberland County, Pennsylvania Beneficial Savings Bank VS. Kyle C. Delancy et al SERVE: Gina M. Pe~£y No. 02 5726 civil NOW, December 6, 2002 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby dephtize the Sheriffof Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service within upon __,~.1~~1~~ by handing to ,20D. a. , at _~.-,~,,%. o'clock /~ M. served the and made known to ___~ of the copy ori~nal ~ the contents thereof. So answers, Sworn a)'tll, subscribc,d/o_efore me, thi~ day ol;A}L~- ~ · County, PA COSTS SERVICE ,2O '~-- MILEAGE AFFIDAVIT f~-~ $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Defendants No. 02-5726 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. #-47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02750500 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Defendants Civil Action No. 02-5726 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: COUNT I Kindly enter Judgment against the Defendants, Kyle C. Delancy, Gina M. Perry, Mac G. Delancy and Marie Delancy, above named, in the default of an Answer as follows: For possession of the vehicle, more particularly identified as a 1996 Astro Riverbridge Mobile Home, Serial Number AP960181. COUNT II Kindly enter Judgment against the Defendants, Kyle C. Delancy, Gina M. Perry, Mac G. Delancy and Marie Delancy, above named, in the default of an Answer, in the amount of $14,574.08 as follows: Amount claimed in Complaint Interest from 9/30/02 to 2/11/03 at the contract interest rate of $3.79 per diem TOTAL $14,183.71 $390.37 $14,574.08 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. WELTMAN, WEINBERG & REIS CO., L.P.A. WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02750500 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendants is: 1466 Woods Road, Shippensburg, PA 17257; 1466 Woods Road, Lot 14, Shippensburg, Pa 17257; 39 North Second Street, Box 362, Chambersburg, PA 17201; 39 North Second Street, Box 362, Chambersburg, PA 17201 IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA · . CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff : VS. .~ Civil Action No. 02-5726 Civil Term KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY and MARIE DELANCY Defendants IMPORTANT NOTICE TO: Gina M. Perry" 1466 Woods Road, Lot 14 Shippensburg,'-PA 17257 Date of Notice: YOU ARE IN 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 TH.E: CLAIMS SET F~RTH 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN,'WEINBERG & REIS CO., L.P.A. William '1'. Molczan PA I.D. ff47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ': WWR ~02750500 IN THE;COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS' BANK Plaintiff VS. Civil Action No. 02-5726 Civil Term KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY and MARIE DELANCY Defendants TO: Kyle Delancy ? 1466 Woods Road Shippensburg, 'PA 17257 IMPORTANT NOTICE Date of Notice: -, I /~¢~-"~ /~2 ~ YOU ARE IN 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 THE1 CLAIMS SET F~RTH 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 ONC'~:. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan PA I.D. ~/47437 WELTMAN, WEINBERG & REIS CO., LP.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02750500 · .?; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GI"NA M. PERRY, MAC G. DELANCY an.d MARIE DELANCY Defendants ' Civil Action No. 02-5726 Civil Term IMPORTANT NOTICE TO: Julie G. Doresett cio Marie DelancY 39 North Secon. d Street, Box 362 Chambersburg, PA 17201 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'FI'EN 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 i- 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, ;'., TELEPHONE THE FOkLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. GO TO OR LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. PA I.D. ¢~,7437 WELTMAN, WEINBERG'& REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 ~2750500 IN THE~COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff Civil Action No. 02-5726 Civil Term KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY and MARIE DELANCY Defendants TO: Julie G. Doresett cio Mac G. De!ancy 39 North Secorid Street, Box 362 Chambersburg,.PA 17201 IMPORTANT NOTICE Date of Notice: YOU ARE Iiq DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY ..AND FILE IN WRITING OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. WITH THE COURT YOUR DEFENSES OR 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 FOELOWlNG OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PA I.D. fl47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue , Pittsburgh, PA 15219 (412) 434-7955 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn 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 undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A,. Willia]~ ~L/. rv¥°lczan PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02750500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Civil Action No. 02-5726 CIVIL TERM Defendants N,OTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judament was entered against you on ~ (xx) Assumpsit Judgment as to Count I for possession of the vehicle more particularly identified as a 1996 Astro Riverbridge Mobile Home, Serial Number AP960181 and Assumpsit Judgment in the amount of $14,574.08on Count II plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) 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. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Julie G. Doresett c/o Mac G. Delancy 39 North Second Street, Box 362 Chambersburg, PA 17201 Prothonotary PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Civil Action No. 02-5726 CIVIL TERM Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Ju~lgm~nt was entered against you on ~ (xx) Assumpsit Judgment as to Count I for possession of the vehicle more particularly identified as a 1996 Astro Riverbridge Mobile Home, Serial Number AP960181 and Assumpsit Judgment in the amount of $14,574.08on Count II plus costs. ( ) Trespass Judgment in the amount of $~ plus costs. ( ) 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. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Julie G. Doresett c/o Marie Delancy 39 North Second Street, Box 362 Chambersburg, PA 17201 Prothonotary PROTHONOTARY (OR DEPUTY) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Defendants Kyle Delancy 1466 Woods Road Shippensburg, PA 17257 Civil Action No. 02-5726 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud~men~t was entered against youon (xx) Assumpsit Judgment as to Count I for possession of the vehicle more particularly identified as a 1996 Astro Riverbridge Mobile Home, Serial Number AP960181 and Assumpsit Judgment in the amount of $14,574.08on Count II plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) 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. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary PROTHONOTARY (OR DEPL~T~~- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BENEFICIAL SAVINGS BANK Plaintiff VS. KYLE C. DELANCY, GINA M. PERRY, MAC G. DELANCY AND MARIE DELANCY Civil Action No. 02-5726 CIVIL TERM Defendants NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or JudCmen~ was entered against you on (xx) Assumpsit Judgment as to Count I for possession of the vehicle more particularly identified as a 1996 Astro Riverbridge Mobile Home, Serial Number AP960181 and Assumpsit Judgment in the amount of $14,574.08on Count II plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) 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. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Gina M. Perry 1455 Woods Road, Lot 14 Shippensburg, PA 17257 Prothonotary P ROTHO~-O~AR~ (OR ~ E P U~l-y~