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HomeMy WebLinkAbout03-0765IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRSTMERIT BANK, N.A. Plaintiff VS. TERRI DANNER Defendant No. ?CS 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#02852398 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRSTMERIT BANK, N.A. Plaintiff VS. TERRI DANNER Defendant Civil Action No. 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 P.O. Box 2060, Alliance, OH 44601. Defendant is an adult individual residing at 3138 Spring Road, Carlisle, PA 17013. 3. PlaintiCf is the holder of a Manufactured Home Retail Installment Contract (hereinafter the "Contract") and Security Agreement secured by a mobile home duly executed and delivered by Defendant in favor of Tri State MH Pros of York LLC on or about September 11,2000. A true and correct copy of the COntract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursu:.~nt to said Contract and Security Agreement, Defendant took possession of the mobile home more p3rticularly identified in the Contract as a 1990 Skyline 70 x14 Mobile Home, Serial Number 50110446Z. 5. Tri State MH Pros of York LLC subsequently assigned its right, title and interest in said Installment Sale Contract and Security Agreement to Plaintiff. 6. Under'the terms of the Contract, Defendant was to make 240 (two hundred forty) consecutive monthly payments of $300.38 beginning October 11,2000. 7. The total principal amount due to Plaintiff pursuant to the Contract was $23,130.50. 8. 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. Defendant is in default of the terms and conditions of the Contract because Defendant has failed to make the required monthly payments since November 26, 2002. 10. 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 Defendant's default. 11. Defendant has made partial payment under the Contract leaving an unpaid balance in the amount of $23,765.87 as of January 6, 2003. 12. Plaintiff avers that the Contract provides for finance charges at the rate of 14.75% per annum. 13. $128.38. 14. Plaintiff avers that finance charges from January 6, 2003 to January 20, 2003 amount to Plaintiff has pedormed all conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remains in possession of the mobile home at the above-stated address. 15. By virtue of Defendant's default, Plaintiff has an immediate right to possession of the mobile home covered by the Security Agreement the value of which is $15,755.71, plus continuing finance charges at the aforesaid rate of 14.75% per annum. 16. Underthe, terms of the Contract, Defendant has undertaken to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, Terri Danner, individually, in Count I of this Comp!.aint In Replevin, as follows: A. For possession of the mobile home, more particularly identified as a 1990 Skyline 70 x14 Mobile Home, Serial Number 50110446Z COUNT II ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 17. PlaintCf 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. 18. In the :alternative to Count I, Plaintiff pleads an action in contract as a result of Defendant's default for the accelerated balance due under the Contract in the amount of $23,894.25, plus appropriate additional finance charges at the rate of 14.75% per annum on the balance due from January 20, 2003 and costs. 19. Contemporaneously hereunder, Defendant has 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 Defendant, individually, in the amount of $23,894.25 plus continuing finance charges at the aforesaid rate of 14.75% per annum from January 20, 2003, reasonable attorneys fees and expenses for retaking possession and costs. WELTMAN, WEINBERG AND REIS, CO. L.P.A. P 'Allil.a-~ ~'~7M~31_~zan, E~re WELTMAN, WEINBERG & REtS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:02852398 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. M~LNt.,~A~ HOME RETAIL i~ISTALUVlENT CONTRACT PENN8YLVAN]A No. i Seller TRI STATE MH PRO9 OF YORK LLO B~/e~ DANNER, 829 LOWTHER RD LEWISBERRY. PA 17338 3138 ~PRINQ RD OAR].i$£F.. PA, 17013 'We" and "us' mean the Seller above, "You' and 'your' mean each Buyer above, its successom and assigns, and guarar~or, separately and teacher. TRUTH IN LENDINQ DISCLOSURES ....... - ANNUAL i FINANCE I AMOUNT FINANCED }TOTAL OF PAYMENTS1 TOTAL SALE PRICE PERCENTAGE I CHARGE I The amount of credit [The amount yo.u will have { .The total cea.t..of, vo. ur_ RATE I The dollar amount the i provided to you or I pa.'.~ w.h~. y~ nave maaelpurenase o.n as a yearly rate. e 4e,,0 ',o !, /* /* 73308.2; Payment Schedule: Your pa. yment e~%-~*-'!-~ will be Number of F-~¥~-,~t I Arn°unt of Payme~st When Paym,-,~ Are~l~c...~.~' ~_' .=~- ~ -~a4' ,oh month b.glnning . 240 I 300.3~ .nd ss;b month thereafter until I~id In full. Se~urlty: You are giving a security interest in the goods or property being purahased. [] You are giving a security Interest in the real ;rope~y ~ [] Filing Fee=: $ [] Lat~ Charge: If a payment is more than 16 days late, you will be charged tho ~-,~?..cf e 6.oo or 2~ of the un~---_'~ ~-~nt of the Prepayment: It: you pay off this Contract early, you will not have to pay a penalty. [] It' you pay off this Co~a~t ~arly, you will not be entitled to a refund of part of the Additional Finance Charge. ASSUMPTION: Someone Ix]ying your Manufactured Home [] may subjec~ to oond~Jons be allowed to [] cannot as~Jme this Cor~'ect on its original terms. Contza~t Prey;alone: You can see the terms of this Con, act for any additional information about nonpayment, default, any requ]red r_,-~,~-ymant ;~;~--~ the i~_~;_,k~d date, and.prepa~,ment refunds and penalties. "a" means an eat,!rnate BUYER RESTRICTIONS: If Buyer dom not meet this Contrast's obligations, Buyer maylosethep~op~¥ u~, Buyer ~~ Home (as ~ed a~ve~ ~a, ~e ~l~ uy ~, m~ w ~ a~ ~e ~s[~ to me M~f~a H~e ~e ~ ~hese of such ~s~d go~s). If you ~ ~t me~ y~r C~ o~i~s, you ~y lose y~ ~se, and t~ r~l =t~e d~i~ in any m~gage ~ d~ of ~t (If any). This ~mra~ is ~so s~r~ ~ a s~ar~o m~gage or d~ oft~t ~ed ., on r~ ~e, as ~n ~ t~ TRUTH IN ~DING DI~LOSU~S. ~ to~ "~y" mea~ all pro~ s~ ~is ~. 3REDIT INSURANCE: Credit lifo, oredit disab~ity (accident and tealth or a=cid.a.~t~and sf=kness), end any other insurance ;overage quoted below, are not required to obtain credit and we ~]11 not provide them unless you sign and agree to pay the ~]~ional premium. If you want smh insurer,s, we will obtain it :~' you (if yo~ qualify for coverage). We are quoting below ONLY he coverages you have ~eaen to purchase. ,-'red]t Life: Insured [] Single [] Joint Pr=m. ~ Tem~ ~redit Disability: insured [] Single [] Joint Prom. ~ Term _ PROPERTY INSURANCE: You are required to insure the Proper~y securing this Contract w~tJ~ the following minimum property insurance ~overage: $ 23~3~. so You may pmhase or prov..Me the ins.ur.a.no? throu~..a~.._y..i~_.~ra~ ~ ~ornpany that is reasona~y aoeapta~e ~o u~. insurance fram or through us you will pay ~ of crave;age. ~sme of insurarme CompanY: (our signature below means you want (only) the insurance mverage(s) quoted above. If none are quoted, you have deelined ~ny ~overagea we offered. in.=._.=, and indkmted below ~uye~ "' d;olb BuVer d/o/b 3uye~ d/o/b Buye~ dlolb [] The following liability ins~Yance is imluded in this coverage: XHIBIT ITEMIZATION OF AMOUNT FINANCED ~e~n,.~;~--,,sz,~ci ~(~6 E~c~ ~_ 24.000. O0 (including salestex of $ o.oo ) Paid to: * 1.Ceeb Price $ 24oo0.0o lanufacturer's Rebate ash Down Payment $ 3.22'7. oo 2. Subtotal $ Fade-In Allowance $ ess: Amount Owing O: 3. Net Trade-In $ 4. Total Down F~yment (line 2 plus line 3) · Urlpeid Bohltoe of CBsh Plains 1 ndnue line ~es Paid to otherm aid to Public Officials-Filing Fees Only sod to Public Officials-Other than Filing Foes =uranoo Premiurn~* (To: (To: (To: dditional Finance Charge(s) Paid to Seller NoqlrY & Prep o: ~oad Re~ort I_U.O.O. D: O: Tire Tax D: · ~qubtotal (line 5 plus all Fees Paid to Others) 7. Pre~dd Rmmco Charges Amount Financed {line 6 minus fine 7) Finance Charge Time Balance 123.7.00 22'793. O 0 0,00 0.00 ~G,oo 0.o0 $oo. oo s. OO 232.30. GO 49960. '70 . We may retain or receive a portion of this amount. ALE: You agree to purchase from us the manufeetured homo ~cribod bdow, together with the related aervEces, ft~nishings, ~plianoas and as~assorJas listed balow {together refen'ed to as ~lanufactured Home'). Your purchase of the Manufactured Home is Jbject to the tenT~ of this Contract. 'Contract' means this document ~d any separate document that secures this Contrast. /' 70 I a4 I ~ [~used ;ervices, fumishings, appliances, and accessories in~lude: Tkes and Wheels [] Axles [] Refrigerator owv~ge Washer. [] Dwer AJc Unit(s) -I Skirting [] Awning(s). '] Aooes~/~ted .... '1 Serv~as Other ~caticn of Manufactured Home after delivery to Buyer: ~138 SPRING RD · ~ARUSLE. PA 1701:3 aso~k3tJon of Trade-In: [] BUYER FROTECTION/SB3VtCE PLAN; W~th your purchase of tho Manufactured Homo, you have elested t~ purpose the follow/rig optional buyer protection or service plan ("Plan'): _which will be_In effect from the date of this contract .. . See the Plan dooume~te for details. FROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the prJno~al amount of $ 23135. G0 , plus interest on the unpaid balance at tho rate{s) of 14 .'zs per year until the firmi scheduled pavment date. Interest will begin to accrue edrW days prlqr lq.. ,.~e fi,mt ochedpred payment and will accrue on o 380 day basis. After the final scheduled payment date, or after you default and we demand payment, we wil earn interest 0~ the unpaid prineipal balance at the rate of 14. '75 ,% per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in tho TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts sc oording to the trams of this Contract. A late charge, if provided in the TRUTH IN LENDING DISCLOSURES, wil be iT~oosed only <xtee on e late payment. A late charge will not be collected on the final scheduled payment, but interest will continua to ao~ue at the applicable contract rate. [] ADDn~ONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of $ that will bo [] paid in cash. [] fb~anoed (see ITEMIZATION OF AMOUNT FINANCED). [] paid proportionally with each payment. DOWN PAYMENT: You Mae agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in tho ITEMIZATION OF AMOUNT FINANCED. [] ESCROW: You [] may, but are not required to [] must pay certain expenses and fees fTom an escrow account. If an escrow ascent is estabilshad, it wil be governed by a separate agreement. GENERAL TIP;Me: You agree to purchase the Manufactured Home over time. The Total Sale Priue shown in tho TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The a~oJsi amount you will pay may be mote or less depending on your payment record. The law of Pennsylvania will govern this transaction. It is also governed by applicable federal law and regulaticrm, including tho preemption of state usury laws. Tho federal Alternative Mortgage Transaoticn~ Parity Act may also apply. We do not intend to charge or collect any V(cereat or fee that is more than the applicable law al]owe. If we charge or oMlest any amount over what the law allows, we will apply the excess f~at to the priqoJpal balance, and we wi refund my excess if you have paid this Contract in fua. You tmdemtmd and agree that some payments to third parties es a part of this Contract may involve mormy retained by us er paid back to us as oommissicr~ or other remuneration. If my provls[on of this Contract is not enforceable, this Contra~t will remain enfomasble without such provision. If we agree with you to any exceptions to t~e promises or assurances in this printed Contrast, such agreement must be in writing and slg~ed by us. PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled payments until you pay In full. You may obtain from us, er the insurance company named in your policy (er oertir~ato of insurance), a refund of any unearned insurance premiums. ADDITIONAL SECURITY: You also assign to us and give us a security b~terest in prooseda and premium raft,.da of any insurance and servise contracts purchased with this Contract. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or deed of trust in the Property, you agree to the following: A. You will defend our interests in the Property against claims made by anyone else. You will do whatever · is necessary to keep our claim to the Property valid. B. The security interest you are giving us in the Property comes ahead of tim cla~n of any =editor. You agree to sign any additio~el dooumants or provide us with any additional information we may require to keep the priority of our claim to the Property. You will not do anything. to change our Interest in the Property. C. You will keep the Property in your possession in good condition and repair. You will use the Property for it~ intended and lawful proposes. Unless otherwise agreed in w~iting, the Manufactured Home will he located at the 'Location of Manufestured Home after delivery, to Buyer" provided in this Contzect. D. You will not try to sell or transfer any rights in the Property without our prior written consent. E. The Manufactured Home will remain personal property until this Contract ia paid in full. Unless we give you prior written consent, you wal not allow the Idanufectured Home to become a pert of mai estate or to otherwise lose Its, treatm~tt as personal property under applicable law. F. You will pay all taxes, fees, exper~es, and assessme~ta on the Property when due. G. You will notif~ us of any loss or damage to the Property. You will provide us reasonable access to the Property fcr the pta13ose of Inspection. DEFAULT: You will be in default on this Contract if any one of the following oosurs (except as prohibited by law): A. You fail to make a payment when it ia due. B. You fail to perform any obligation that you have undertaken in thio Corneal (which Includes doing some~ing you have agreed not to do). If you-deT~ult, you agree to pay our reasonable attorneys' fes~, beginning with the commencement of legal action, and up to 850 inourred after the NOTICE OF DEFAULT and before commencement of a legal action (as provided in Pa. Stat. Ann. tit. 69 § 623) and fea~ for repossession, repair, ~torage, and sale of the Property aecur;a%l this Contract. if an avert of default occurs as to any one of you, we may exercise our remedi, os against any or ali cf you. NOTICE OF DEFAULT: If you am in default, we will send you a Natlce of Default and Notice of Right to Cure Default ("Notice') when required by law. The Notice will explain why you are in default and how you can ours it. We wU not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you the Notice and any ours period it doserroos has passed. We may not be required to send you a Notice if (1) you have abandoned the Manufactured Home, (2) you received two Notices in the prior one-year perkxt, or (3) otbe~ extreme circumstances exist. After repossession you may have additional (but limited) rights under Pa. Stat. Ann. tit. 69 § 623 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home, by paying the instaUments in default w~J~Jt ecoel~a~ion, plus any other obligation which you have not fult'dled, without acceleration, plus our cost~ and fees allowed by the law cited. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law, this Compact. and any separate personai property security agreement, real estate mortgage, or deed of trust. Before using a remedy, we will send you any notice and wait for any cure period that the [aw may require for that remedy. Our remedios include the following: A. We may require you to immediately pay us, ~ubject to any refund required by law, the entire principal balance, plus earned interest and ali other agreed charges. B. We may, but are not required to, pay taxes, fees, expenses, assessments, or other iie~s or make repairs to the Property if you have not done so. Any amount we pay will be added to the amount you owe us and will be due immediately. This amount will earn Interest from the date paid at the rate(s) des0ribed in the PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establbh and fund an escrow a~oount if one is not already required. C. We may requ[ra you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property by legal process or self-help, if we do so tawfugy. We may then sail the Property and apply what we reoelve to our reasonable expenses and then toward your obligations, es allowed by law. E. Except when prevailed by law, we may sue you for additional amounts if the sale proceacis do not pay all you owe us. Paragraphs C. and D. (above) apply only to personal property security intere~:a. If this Contra~ is secured by a mortgage or deed of trust, then the fore<closure of such interest may Impose other duties and limitations on our rights and remedies, as provided by law and the mortgage or deed of tn=t. By choosing any one or mom of these remedies, we do not waive our right to later use another remedy. If we do not act on an event of default, we do not give up our right to later treat that type of event aa a default. You agree that if any nat]os is required to be given to you of an intended sale or transfer of the Property, notice is reasonable if mailed to your last known address, as retiected in our re=erda, at least 10 days before the date of the Intended sale or transfer (or such other period of t~me as is required by law}. When resi estate IS the security, other ru{es may apply. You agree that, subject to your tight to recover such property, we may take possession of personal property left in or on the Property sem~ing this Contract and taken into possession as provided above. if the U.$. Department of Housing and Urban Development Insures this Contract under its Title 1 Property Improvement and Manufaetured Home Regulations, our right to make you pay off this entire Contract IS subject to the limitations of these regulations. NSURANCE: You agree to buy Insurance on the Property with the ypea eT~ amounts ol coverage indicated in tho PROPERTY NSURANCE section, o~ es we otherwise requJ~e. YGu must name = as Ices payee on any su~ poiby. In tho event of loss or damage o the Property, we may require additional security or essuranoas of =ymant before we allow insurance proceeds to be used to repair or apiece the Prepe(~. If bqstranoe proceeds paid to us do not pay off his Contract, you ere responsible for the balance. You will keep the wuranoo In effect until this Contract is pakl In full. If the premKan or property Insurance ls included in the Amount Financed and the ~suranoe is oaflcelod or terminated before this Contract is pakl in u]l, then you agree to give us any premium refund or rebate that .ou recede. We will credit the refund or rebate to the amount you ~wo us. W.o may, at our option, allow you to use the refund or ebate to help pay for replaoemeflt Insurance that you ptrcheae. If you do not keep these promlsas, we may buy insurance o protect our k~terast in the Property. The Insurance we buy may ~dudo coverages beyond those we require you to buy and may be rom a company you might not choose. The rate we pay may bo dgher than a rate you might have to pay If you buy ]t yourself. We ~q~l add tho premium for this insurance to the amount you owe us. My omotant we pay will bo duo immediately. Th~ amount will earn ~terest from the date paid at the applioaldo contract rate(s). )BUGATIONS INDEPENDENT: Each of you who signs this ~ntraet is Indepeflderddy rasponsg:ie to pay it and to keep the other ,romises made In this Contract. This is true even if: A. Someone else has also signed it. B. We release or do not try to.~ollect from another who Jo also rospaosil~e to pay this Contract. C. We release any security or do not try to take back any Property. D. We give up any other rights we may have. E. We exter~ new credit or renew this Contract. A;ARRANTIE$: We will provide any warranty Information to you .eparately. fl/AIVER: To the extent permkted by law. you agree to give up ,our rights to require us to do osrtnbl things. You do not give up my rl~;i;~ that are provkfed in thio Contrast flor example, see the IOTICE OF DEI:AULT eastlan]. Unless tho law et this Comra~ · ovlde otborwbe, we are not required to: (1} demand paymelt of rflaums doe; I2) give notice that amount, due have not been paid, ~r have not been ~ in tho ~q:xoprtate amount, time, o~ mmmar; )r. (3) give nodes that we Intend to make, or arc muldng, ti4s ~ontra~ Immediately duo. JOTICE OF PROPOSED INSURANCE: if so indicated ~n patio 1 ~f thJ~ Cc~t, c~edJt life Insurance coverage and/or credit aoeldeflt and health Insurance =overage wm apply to 'd~is Contract. Tho ~suranoe company named on page 1 of this Contract will write tho qstranoe. The insureAoo covers or~y the person(s) signing tho request or insurance. The charge for each type of credit Insurance to be · rchased is as Indicated on page I of thls Contract. Tho tenn of ~suranoe will begin as of the date of this Contract and wil end on ho original duo date of this Contzact. Subject to acceptance by the Insurance osmpany and within I0 days, a certificate of insurance will bo given to the Insured. If hie Contract is prepaid before it is due, a refund of Insurance :barges will be made when due. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOllCE TO BUYER Do not sign tide ContraGt in blank. You are en~tled to an exact copy of the contract you sign. Keep it to protect your legal rights. 81gnst.re [late X Date Signature X Date Signature Date i ACKNOWLEDGE RECEIPT OF A COPY OF THIS~ (~,NT ~FIACT: SE L.I.E.,~$ S?NA~T~ X /~ Name~xl Title ( TRI 8TA~E NtH PR08 OF YOf~K Dlstmrasmett Om: NrA (This date is fee TMo I HUD bmurar~e ~ and may bo completed after the ConUaot is dgned to reflect the actual disbursement date, and rmt my eatknated ~feborsement date. It may appeur ordy ~n the ortginal form.) ASSIGNMENT BY SELLER ~ ~ ~ ~1 I~ to ~.it~r sells and a.sigrm this Retail ~~ Co~a~ ~ ...... ~aTMER~ BANK, N~.. 111 G~RG~ aT, ALL--CE. OH ~1 ~~,~_~:~ ~ a~s, dl Es r~, tEla and i~e~ in ~b ~p~ ~ any ~ra~ee ~e~d ~ ~K~ w~ ~ ~. THIS ASSIGNMENT IS MADE: [] UNDER THE TERM8 OF A SEPARATE AGREEMENT. [] PURSUANT TO THE FOLLOWING TERMS. ~l~er givas Assignee ful power, either k~ its own name er kt Seller's name, to take all legal or other act~ona whk=h Seller could have taken tudor this Contract. S~ller warrants: A. This Contract rapreser~s a sate by Geller to Buyer on a time price basis and not on a cash basis; B. Tho otatom~ oor~alnad in this Contract are tru~ and cermet; C. The down payment was made by the Buyer in the manner stated on page I and no part of the down payment was loaned or paid tc the Buyer by Seller or Seller's representatives; D. This sale was completed in accordance with all applicable federal and state laws and regulations; E. This Contract is valid and enforceable in accordance wi~ Its terms; F. The names and signatures on this Contract are not forged, flotitiou~ or assumed, and ere true end oorreat; (3. This Contract is not subject to any ola'~lS or defm on the part of the Buyer, H. A completely filled-In copy of this Contract was delivered to tho Buyer at the time of exeo~ion; and i. The Property has been delivered to the Buyer in good condition and hat boon accepted by Buyer. If any of these warmnti~ is ixeeohed or unm~e, Seller wE, q~on Assigneo'a demand, purchase this Contract f~om Assignee. Tho purchase ~a~ be in cash in the amount of tho unpaid balance (ir~udi~g interest) pltm the oo~t and expenses of Assignee, including attorneys' foes. Seller w~ll indemnify Assignee far any loss sustained by it b~auso of judicial sot-off or as the result of a t, eoovery made against Asstgneo a result of a claim or defense Buyer has a~ainst Seller. Seller waives noti0o of tho acceptance of this aasignment, notice of non-paynl~nt or non-performance and notice of any other remedies ~a~able to Assignee. Assignee may, will, ut noUce to Sailer, and wi~hou~ affecting the liability of ~aller under thia assortment, ~ompaund or release any ~]ainat, and grar~ extensions of I~me for pennant to be made, to Buyer and any other per. on obligated under this JNLESS INDICATED BY CHECKING THE BOX BELOW, THIS ASSIGNMENT IS WITHOUT RECOURSE. '1 WITH RECOURSE: ~eiler agrees that if the Buyer defaults on any obligation of payment or performance under this Contract, Sailer will, ~on demand, r. pumhase this Contra~ for the amo~r~ of the unpaid balance, irmludlng finanom charges, due at that time. ~aer: TRi ~TATE MH PROS OF YORKA:LC ~RliD HeM~e - ~ FO~ MCI3~.P..AR HQME~ C~ ..... - CERTIFlC/ " 3;~6 ......... ' .... '~'; ":~ .., .. ,,:, j -. .'.~,,-' ,,-.,. ........ ~SO~Oq~Z. :- :.~:~::~:Y:~I:.'~'~ J SKYLIN~ :._~. '-' ' I '[' '"' t '., :~ ,c~..- '.': .... ..~,.-.=-,. ~ ~.?..'....'.~..~;~-. ~- - _.~. ..... ... · · .~ ,~ ~ · 1. · . . · ' · · · CARLISLE PA 17013 -' '~:" '.- ........... :" ' ~m. .~..- .. ..... · ..:..~ - ;... --. ~.. my . , . ,~u~ "' ..... '; '" u~'~ "- -"1~ MERIT '2 BOX : :. ~060 ..... ~ .=v?rv? :,-c .y~+~e .-,; .=~. '-:. ALLIANCE OH 44601 '~" ...=- ...... , ,.'. . ,~ ·. m~ ' '"?:" "~:~'~":' =A' . ~. .;. ~.,~ .. ~-~-.~..;.. · · " .~ ~-.-=, 'v:~' Im,,. EXHIBIT · :.~..:'-..~.: .. '.-: :..'.F^~ .~B-C:OOL.LEC..~-I.O.N PR~.C:T!C..-. .... ~ .:...... ........:.~, ...........-- ....:.-.......... ,, ". ,~ ~. . .-',.~ · ... ,*. .'......-- . . · .. -.o, · . · .. ~.~, .'*, .... -~. · . · ~: · .. 'o · · .~. ; o'-'. · , ~ ,'.. ' .".' ,'" '...: :" '7:':' · '."-~-'; · '~,: '.'.' · '.: · ' .'' ."' · · " "· ' ' ' O ' :'.'~:;- . '.' ~:1~W,:this la~v firm'.is r'eqOire'cl .to'adv. ii~e yoa.t,ha..t:unle..ss,w~th~n 30.days a. ff. er.r..e, qe..~Pt, f · :.. ::-,.'..: .'.':':: !:'.::-"':.':' .:' '-.' ':~'".:".~' ':' ":-'. i.'i ',:."" ':)::'... "-';.~,":;'. ~'~:; &~i~;~' ~'~, ~ ;~t'~i'~:~,~',~s~.~m~'~ -.. '... .-:this' notice ¥ou'dispute'the.va~ii3itY.bt tins ~u~ u~, ,y ~, . . ..... · ... .. · · . · · ....... · :. :: ':' "' '":.,".":" .'": -.-":"'..: '.':... ::' · ...'. ":' ': '. ' "" '" :':.'"': "" : '""' .... ' "t ' "". ' ..''' .- . . ' ,. .- · . . · . -,. ...... .' , ·., '. . ' .. .*...'..~. -': '~.: .:..'. . '.' 'i :" ' ;~s: "i~.~D ~otifi~,~ibn'{s :~t ~d' 6s.i'n'"~i~; ~ '~ri~ r~quir~d id 'provide .you. w! h.: .~. ...... .. .... . . - .... ..-' . ~.',': ..:,..'~ · ~ .'....; . · ......: .. . ..-.'..-.. . ~ . .; ..... . :; · . . ' '"" """ "" '- .':'.' ·: '..." "~::-"'- ::~-:-'~- ~r"'d~;, ~,~rlo~l ~ou 'r~quest-sn wnt~ng..the-n,ame, of. :':'" ' '.'~/e'rific~io'fl-6f[~h~ debt: ,In:me ev~m.w~u,-'~ o,,- ~ ~'. - ....... : · '. '.-' · .. '. : .. · -.. . '.... . .... ~ .... . · ~.. . . ..- .. -...: .' . , , · .. ..~.. '.:. .. .'. . ·., -. -; ..- . · .-.- . .... . .. . '- ' ,''"'.-'"' "'" -' '- '"'~':"'""-""-'.' · ~' "'" ' ' ' ' ' ' "'toe: In'the._~vent .... '! · .: , -.:.'-..'.,... :,-' :. v..' . '," · · .- ". ....... &nt. from the current credz, .- . · ·: .the '0riginal.'creditor, ~t.wi!l be .pr.owded to you. ~f.d~f.e.r .... ... ~- :........ · · .'.. · ' ' ,:'-- "- '- -'. · '. i" ".-,'- .., . · . . · ..,.- .~ .: ........ . .'. -':.':'.~ .':... , .... ~'.. .~ .. · . '"'" :' ' ' '"" ?' ""' '"': ': ~i~l.~r'~equ~t".t_i~:n~r~' ~f th'~"ori'gin"al cre'dit0r:(n:~i:iting ~ithin' the,.'-'"'. "..." · "-.. :-.'-" "~.:-.'." .-- · ' · ' ', · 't ."'' :'' · .', .'..'- . ~ '" '-' o '"- ".- .' . · . .... -. _._ ,. · .' ... .. ..' .. .. . :.'- ..;..!...-.... '. ,.'... ..: .... -.. ..-.,. -.' ... , .. · · _ ::'i '.-.::'. ::--: :.:..' .:. '..'.. ':".',':'... ::;: :-' '''': :':i: · ' ..'willbe'L~s~d'.~6'r (hat PiJrp.o§e:.".'.. 't'. '.-..:.~. ' ' !: ..:.:'.'..'"., .: .i.! '-.'..: "~ :' ..: .. ':': ..:"...' '. :.. ':." .' -."~ ...' ': .: "":-' .......-. ~.' :"t ..: .. "-.-'".':.".:,..:: '..." '.. ~ :..'_:,,~;,~ ~'~i/D'~i c~;fl'~ot~&"~'~&'~;^~.t'a~.'~s '.': · ':' "" ' 'fhe abov~ Ndticeis t~in§ given pursuau~u ,,,~-,~ . · ... . , .- · '.. · . · · "' '. : '~par~te':an~ ~istihct fror~'.th~.for~gbing"Cofnpla~r~t:'wi(i~h':'~nu~t I~ 're§'pdn~l~d tc~ ir~' ~°hfo"rr~i~..i .' .':'..' · '..." ~vith' the instructions tfler~i~ Be'~ius'~ ~f'the .diffe'~e~c~ in tim~ paran~et~rs, we :will no( mcgee :~or '.'..... '. ~e~aL~i't Judgment f~r at lea's~'thif~/.i$~ 'dgy~'fror~' th'e'dat~"of servi6e 'bf th~ Complaint .u. pon :. · · . ... , · .....:.: .::- :..' ... :: -'.'. · ...... " " " ' ,'~' ' ' "' ':'~' ' -"'" '.':::" '"' :" '"" ;:' "" ' ' '"" i :~.reasoriable'. ~/oul arid i.f yc~u request v&ific'ati'onl w~ wi~ not move for Defa'u~t Judgment untl ..... · .....-.... : ':' '" ' ' ': ':" ""' prOvide'd, ~ind aft~ :~he'ex~ir~tlon of thi~,t'hi · .. . . , . ..,"'., ., .~... ' o ... . ..:." · ' · D[i]IIIIT · ,",. .. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S..~4904 relating to unsworn falsifications to authorities, that he/she is Pat Dearth (Name) AsSistant LeqaI Coordinat(~ of FirstMerlt Bank: N_A_ , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his/her knowledge, information and belief. (Signature) Wwd¢ 02852398 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00765 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRSTMERIT BANK NA VS DANNER TERRI CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon DANNER TERRI the DEFENDANT , at 1702:00 HOURS, on the 27th day of February , 2003 at 3138 SPRING ROAD CARLISLE, PA 17013 ROBERT DANNER, HUSBAND by handing to a true and attested copy of COMPLAINT REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~7~~ day of ~ LlL~ .-~ A.m. ~ ' pro-thono-t~-r-y ~' so Answers: R. Thomas Kline 02/28/2003 WELTMAN WEINBERG REIS Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRSTMERIT BANK, N.A. Plaintiff VS. TERRI DANNER Defendant No. 03-765 PRAEClPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. ff47437 WELTMAN, WEINBERG & REiS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02852398 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRSTMERIT BANK, N.A. Plaintiff VS. Civil Action No. 03-765 TERRI DANNER Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02852398 SWORN TO AND SUBSCRIBED before me this .~r'~.(0 day ~f~~, 2003 'NOT "'