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HomeMy WebLinkAbout03-0915IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., ASSIGNEE OF FORWARD FINANCIAL COMPANY Plaintiff No. 03 '- VS. COMPLAINT IN CIVIL ACTION SIERRA GREENYA AND MICHAEL S. LANSER Defendants 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#02562958 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., ASSIGNEE OF FORWARD FINANCIAL COMPANY Plaintiff VS. SIERRA GREENYA AND MICHAEL S. LANSER Defendants Civil Action No. COMPLAINT IN CIVIL ACTION 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. 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 COMPLAINT 27410. Plaintiff is a corporation having offices at 4161 Piedmont Parkway, Greensboro, NC 2. Defendants are adult individuals residing at 2102 Market Street, Camp Hill, PA 17011. 3. On or about September 8, 1998, Defendants duly executed a Installment Loan Contract and Security Agreement (hereinafter the "Contract") in favor of Plaintiff, a true and correct copy of said Contract is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract, Defendants took possession of the mobile home more particularly identified in the Contract as a 1987 Norris 70 x 14 Mobile Home, Serial Number NT4114016. 5. Plaintiff avers that Defendants are in default of the Contract by having not made payment to Plaintiff as promised, thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that a balance of $23,846.92 is due from Defendants as of January 20, 2003. 7. Plaintiff avers that the Contract between the parties provides that Plaintiff is entitled to interest at the rate of 10.75% per annum. 8. Plaintiff avers that the Contract between the parties provides that Defendants will pay Plaintiff's reasonable attorneys' fees. 9. Plaintiff avers that such attomeys' fees amount to $3,261.93. 10. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and/or refused to pay the principal balance, attorneys' fees, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants, Sierra Greenya and Michael S. Lanser, jointly and severally, in the amount of $27,108.85 with continuing interest thereon at the Contract rate of 10.75% per annum from January 20, 2003 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. 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#:02562958 Installment Loan Contract - Security Agreement IA count Num--r Manufactured Housi'ng - Simple Interest - Pennsylvanial~cco' oe Borrower's Birth Date ~ --- 08/o5 //5 / 09/08/98 Borrower (Print Full Name') Address City or County State Zil3 Code SIERRA GREENYA 501 E~ MECH/~NICSBURG PA 17055 Co-Borrower (Print Full Name) Address City or County State ~ode MICHAEL S. LANSER 501 ELM40(D - I'E(:34~ICS~1~ PA Creditor Name Address City or County State Zip Code Forward Financial Company 360 Church Street Northboro M~ 01532 "1"., "m.e",.."we" a.n..d "us" .refer to all persons who sign this contract as Borrower or Co-Borrower, jointly and severally. "You" and "your" refer ;o me creoi;or an(] any person or entity to whom this contract is later assigned. Each Borrower and Co-Borrower upon signing: Promises to pay the Amount Financed together with a Finance Charge on the unpaid Amount Financed in installments as shown tn the paym. ent schedule below. The Finance Charge will accrue monthly at the Annual Percentage Rate stated below beginning on the date of this Agreement and continuing until paid in full. Collateral Description Manufacturer N/g Yr. Make/Model Length & Width ManufaCturer's Manufacturer's Serial No. ' Serial No. NORRIS' U 37 70 x 14 NT4114016 · r-I. Air Conditioning [] Range [] Awning [] Skirting [] Freezer [] Accessory Shed [] Washer [] Dryer [] Furniture as per Mf0. Floor Plan Pr,imary Use For Which Loan Is Obtained: [] Personal [] Business [] Agricultural .~;~;;;i Trutk-ln-L~,;;., Di~;~ums ANNUAL FINANCE CHARGE Amount Financed Total of PaYments PERCENTAGE RATE The dollar amount the The amount of credit The amount I will have paid The cost ot~ my credit as a credit will cost me. provided to me or on my after I have made all payments yearly rate. behalf, as scheduled. 10 750 % $ 39,284.70 $ 27,346~50 $ 66,631.20 My Payment Schedule Will Be: Number of Amount of When Payments Payments Payments are Due: Monthly Beginning: Or as Follows: 240 277.63 October 8, 1998 Security: I give you a security interest in the Collateral described as follows: [~ Manufactured Home Being Purchased Manufactured Home I Already Own If this box is checked [:], I am also giving you a mortgage or deed of trust on real estate described as follows: Filing Fees:*$ 27.50 Prepayment: If I pay off early, I will not have to pay a penalty. Assumption: Someone buying my manufactured home will not be allowed to assume the remainder of the loan on the original term& EXHIBIT- -t Late Charge: If a payment is more than 15 days late, I will be'charged the lesser of $2.50 or 596 of the amount of the installment. See contract terms on reverse side for additional information about nonpayment, default, required repayment in. full before the scheduled date and for further information about security interests. ITEMIZATION OF AMOUNT FINANCED: 1. Amount given to me directly 2. Amount paid on my Account 3. Amounts paid. to others on my behalf:*. a. To insurance companies company [] 2) Credit Insurance Company (single life) [] Borrower only Or [] Co-Borrower o~ly '3) Credit Insurance Company · (joint life) [] 4) Accident and Health Insurance Company ' [] 5) Individual Unemployment Insurance Company [] Borrower [] Co-Borrower 6) Property Insurance [] b. To Public Officials (1) Title Fee (2) Filing Fee (3) Registration (4) Other'(specify) (5) Ot he~'.(specify) $ 31c~. (30 $ $ -27.5O $ ~ Additional Amounts Paid to Others (1)(Specify) _RI:'_F_ ~_I'(~_R: Nm..t~ T7ATTflN~ ?7;nnn:o0 (2) (Specify) $~' Total Amounts Paid to Others $ · 27.(3(3C}. Q0 4. Amount Financed (Total) $~. *You may retain or receive a portion of these charges. INSI~RANCE: If any insurance is obtained through the Creditor, the policies or certificates issued by the Companies named will describe the terms, conditions and benefit& REQUIRED PROPERTY INSURANCE. PROPERTY INSURANCE IS REQUIRED, BUT MAY BE OBTAINED THROUGH ANY PERSON WE CHOOSE. WE HAVE TH E OPTION OF FURNISHING THE REQUIRED ~m ~. T Or": I N.~,~UffANGE TH ROUt3H O U R EXI6T! NG IN~UIRA~[%iGE .PO L!C.Y(IES):OR FROM ANY INSURER ACCEPTABLE TO YOU W~IO IS AU!:EI~)RIZED TO TRANSACT THE INSURANCE BUSINE~S IN PENNSYLVANIA. YOU MAY FOR GOOD CAUSE DECLINE THE INSURANCE WE PROVIDE. If we want to purchase' property insurance from the Creditor, we indicate our desire to do so by 'checking the appropriate box (Item 3(a)(6) of the Itemization of Amount Financed) and signing below. The total premium for this insurance is the amount shown in 3(a)(6) and -the term is [] If this box is checked, we do not desire to obtain property. insurance from the Creditor and have purchased the required insurance from: Agent's Name Name of Insurance Co. Agent's Address Optional Credit Insuranc~ Credit life, accident a~d health, and individual uneml~loyment insurance are not required in connection with this Agreement, are not a factor in its approval and will not be prov. ided unless.we.sign below, complete a separate application and agree to pay the additional cost& If two Borrowers sign this Agree- ment, both are entitled to obtain credit-life insurance and may be entitled to obtain individual unemployment insurance, but only the Borrower [and not the Co-Borrower) may obtain accident and health insurance. No charge is made for credit life, accident and.health and individual unemployment insurance and no such-insurance is provided unless we Show what coverage we want by checking the proper box(es) (itemS' 3(a)(2) through 3(a)(5)of the Itemization of Amount Financed and signing below. The premium for this insurance is the amount shown in items 3(a)(2) through 3(a)(5) as applicable and is for the original term of this Agreement unless otherwise indicated below. Insurance Company:. Credit Life-Term: Months Credit Accident & Health-Term: Months Unemployment-Term: -' ' . -' Mot{ihS I DESIRE TO OBTAIN ALL THE INSURANCECHECKEDANDAGREE TO PAY THE PREMIUM SHOWN IN THE ITEMIZATION OFAMOUNT FINANCED. BorrOwer (Date) Co, Borrower (Date) I ACKNOWLEDGE RECE/IF OF A COMpLE/T/E~O COPY OF 'I;HIS INSTALLMENT LOAN CONTRACT. Signature of Borrower (~ .~~ t":~ ~J~t~//~'~ Signature of C~aorro~er ~ Signature of Co-Signer. (Seal) (Seal) (Seal) PENNSYLVANIA DIRECT MANUFACTURED HOUSING .~',a87 (e-se) ORIGINAL Other Terms of This Agreement Insurance. We agree to keep property insurance', with a dedUCtible not exceeding $500 coy, tin loss or dams this.. Agreement, with you named as additional loss rmvee. The dska a,~o~,,o* ,..~,z.k ...... :; ,._ ___.g, ..... ge to. t..h.e. Co!!at .e. ral f.or the term of water and weather condition damon.',, and r3~ su,'h.. ~'T~.,. ,, k...~", .'" :?_--. ., , ,__-., . .-,., ,_,~,_w_~_ "~X.uu ,eqmrea cO insure are'.( 1 ) ti.re, tner~ eno collision, 2 be written for no less than ' _. '_'_"..':."'_'~__"_' ~_0. '~ ~. ~'- ,:,ay ,=a.a~,:ably te~ uire. Th.insurance mu~t pmre tv · . a .year at a time. ~e mu=~ pa [ne premium In aovance =etore each olic ' ar i . c _ou ............... agree to pro?de you with evidence of the existence ~ · P - y ye ~ ns and gl.ye you p.r .oof of payment. We · . . o a. Ii required insurance, including copies of po#cie binders ana r ' ?~r_e .m~ums at such t;me, s a.s y.o.u may require; We. asslgn~ the Proceeds of any insurance to you to the exten~of t ecelpts ;or.payment of the m.?msurancecompanys.na, payproceeasanaan ur~earnedDremlum d'r~cflvfnv,~.,,, ............ hea.mountw.e.owey.o.u, andagreethat attorney iny--our name ana stoas ........ [o i'll. proof o; io~sYana .... an nih- I' S _1 ..... .. --- ·----.. --,= *,u~euy. gran[ yOU an Irravocar)le eno ourable ower of or destro · w r .... yt g e se nec.essary !o obtm.n the ,nsurance proceed& If the Colla y cl. ea ee that you may use any inauran~e eettlement ih · terailal°st, 13P~maged Los dams' or~ ' . . ..~ .... et ertorapa'rorrep,ace-theCollateralortoa I ~ttothe ' S, ge. estruc~n of the Collateral w~lt n e'~ fr ...... PP y amount we owe you. ot.~Hl'eS _ s om any liab~l,ty unde t~is A r ...... .A. greementwedo not have ro · ,neuron . . . ;... _ g. eeme.nL If at any t,me dur, ngthe tar p rty cethatcoversyourinterestlntheCollateral, orlfwefeilto r ' . ~nenyou ma , but are not re u~radto, bu insur .. · _ P owa.ep.r.oofo, fs. uchmsuranceatyourr . - q . . y ancecoverin substantmll thesemerisks . . eq , or ap. propn~. If you buy ~t~ch ~nsurance for us~ ni.e'mi'd~, ~"~ ~,- ,..,-,,,~o-., ........ a_n~co.v.erin9, sucn o.~ne..r ns.~,s as you-may deem necessary p mn. ape may be purchased for the time b,~inn ~ *-...~ ,,-- ;~,, ..... , ............. ~...~.e~, ........g. oar t.nm Agreemerf~:An~ tns0ranCe u remmnln term of the Anreem =,a .'~ ,,,.~.'~+.., Ln?,_"..¥'_"_~::~_","_~_'~"__'_'.?' ?. p:uv,o.e ,nsurance or rai~ to provioe proof of ins~i',m~e thr ¢dci yo g , ,. ant ...... ~.~,,,,,-~,uuymwmayue~en,ersin lelnrerestin , · o: h the t°..t.he Lesser of the followin~ Ia) the cost of ret)air& i ~, m,a.r]~_Ha~.flhln./kt ,g~ ........ ~n.s_u _r .a .n~ce: Th_e .a mou n.t of "nsu.rance coverage may be I]'mited o ,,ou,,,-uu.uRuur.,ena~.wea re. mai , , -uuae-llrdL~Uil~aieo[Orlle~,~lelm pay within 10 days after our receipt gof writte[nyn~teyf~r-ur-`~`~`~p~t~m~a-y-(~a~e~y~n~th~rem~u~(~rt~la~n~u~`whichwe re, to ~' ",,, --, ~,, ~,,I -,au.uuut, me paymenm ;ortrte remalomg Term To Inctuoe the pre'nahUm for insurance plus interest, if permitted by appticabli law, at t~ Annual perCentage Rate, which ma increa premium tothefinal a mentand.if i,' - - Y se. our.monthly payments, or c add'the .................. -P?Y~' -" ' .P~- I-mi-ttedb-YaP. plic~blela, w,.chargeinterestattheAnnualPercenta eRateonthe remlu ( ) . =,,uu.~ w,. u~ ~ecureaoy ~ne security Interest we havd ranrea . - .. , g. . p m. We agreethatsuch refund for unearned insurance nremiums ..o ...... , ..... ,g,i ..... r..y.o_u_..I..f_a_n ~n_s_u_m_ .ri, c_ e~ .policy is canceled, adjusted or terminated for any reason~ an · ,- . ,=.. -,-,-,,,--~:?.., =., you, upuun:,ue app,eu ~o replace requ,red Insurance coverages, or be credited to they amount weowe on th,s Agreement, which wdl lower the f,nal installment(s) of thlsAgreement. You are not re ulr of the refund is less that $1, unless state law re,~uir=o-V ........ ;~.. ...... : ............ q ' .e.d to pay a. refun.d to us if the amount the insurance'cornpan~, ..... or its aaent a" a I___,~-~-'~,=~,'m"~,';",._, ...... L ....~' o,t,,, ,,,,~ ~,,uu, u~ ~u~ aha ~ndorse any check, oran or omertorm m payment issued ..... by Security Interest in the Collateral. We grant You a security interest in the Collateral de ' thereof and an. yaccessodes,attachment ~ui men · . . _ scnbed on the front of thls Agreement and all roceeds 'r ' · S,-'~ p t and replacenlent parts ,nstalled in the Coil · P p ?.m.~ums ancl other similar charges; ~2) proceeds of an,, insura,,~.~',~.--., ................. at?raL .T. he s_.e~..u .rity i.nt.e_r, est also c?ve.rs: (1)insurance pOliCieS on our life or health fins , ..... -_ ..... ?~..~..L,~,.,,.~.,,=o u~. ml.r!.ar ~verage on ~ne UOllareral; (3) I:)rocela~s n~ =nv riced In t~is Agre,,,,~,,,~; eno t'~ me real ro a~scri · - - - '~'* -~ -.- ......... ~-: he .ruby reserve, to the extent permitted by law all d'~ht° ", .... ~ ....... _p_~_ ~p~__r~__,. bed on.th.e, other s,de. of t. his Agreement, if applicable. unoeryourcontrol without notice to an ' 'cth" °"'°~'"''=~'~"';'ra-yuepos~accountsorotherpropertyotanyi~a tothisA reement'~tor · , y party . er than any notice which ma be required by applicable law. You expre~--r~/-lwaiv*e ~g-C0ilateral thisAgreement,lnanyprasentorfuturetransachonsbetweenusand ou an ,YnI · · for goods or any other security interest prohibited by applicable law Y ' y onpossessory, nonpurchase money security ~ntereatin household PrePayment in Full. If we prepay the entire amount due under this Agreement, we will not be charged a penalty. ' Finance Cherga Rate. Notwithstanding any other provision of thisAgraement, you do not intend to charge and we shall not be required to pay any maximum'hr'rest, financesh~ll beChargerefundedrateS,tofeeSua.in°raccordanceCharges in exceSSwith applicabie°f the maxlp~Umlaw, permitted by applicable law. Any payments you receive in excess of such No'AddltlOital Warranties; AnywarrantleS relating to anew manufact'~red home have been provided tb us bYthe Seller; orWarran compan .oYthe .manufacturer in a separate writing, receipt of which we hereby acknowledge. EXCEPT AS PROVIDED IN SUCH A WRITIN~ IF AU~ AND EXCEPT AS OTHERWISE PROVIDED BY LAW THERE ARE NO WARRANTI ES, EXPRESS OR IMPLIED, Ii~CLUDING BUT N~T LIMIi;~D TO WARRANTIES OF MERCHANTABILITY OR'FITNESS FOR A PARTICULAR'PURPOSE We acknowled · that w h ma. nufactured home and agree that it is habitabli) andi if it is us,~ we a .... ,: ................. :-~ _ . _~i, , e, av.e- ex. amjned the is ;or identificationp-u rposes onl-y. ;" '"' '"";~" '~ == ~=' ~,u y,ar ~ [ne manmactureonome_ specified In this Agreement Prom lees in ConnectiOn with Collateral. We agree not to sell, lease, transfer or otherwise dispose of the Coitateral, permii it to be used im properly orfor hire or in violation of any law, or remove or permit the removal of the Collateral from Penns Ivania witho t ' not to change the documentation. ..... re;]istratlon or titl, ..."; ,,,,,"~ ,,v,,~'-",=*,~,o" '"m, ....... a ~,, Y u .y. our pr, or written consent. We ag re. than in connection with the purchase-of the Collate~-I and the "~:;~'~i~ ..... ~_~___n..o_t...t_o,s.ee k o.r.o, btai.n a..ny certific.a, m, oocumenta.tion or title other u · -~ u, yuu, au~un[y ,n[eres; mere,n, we agree to pay the actual and reasonable. costs of collection, to the extent permitted by law. We agree to'pay when ~lue all amounts we:owe, you under this Agreement apd,.to pay you, upon demand, any amo~ nl~s ~)d have to spend for us to c~rry out bur obligations under this Agte~merlt, including any Sums you ht~ve tO~spen~l to pay off any lienS, encumbranceS, or security interest against the Collateral In addition, we agree: to properly maintain and care for the Collateral; to make ,the COllateral available to you for inspection at any time; to promptly pay all taXeS, assessments or Other charges against the C011aterali and t~) keep the Collateral licensed at all times as required by applicable Pennsylvania law. If we fail to pay any taxes, fees or other charges on the Collateral, you, at your sole option, may pay the sum owing for us and we agree t° either immediately pay you any amounts you have paid pursuant to this Agreement Including accrued interest at the Annual Percentage Rate or the highest lawful rate) upon your request or you, at your sole option, may resche~ule the payments for the remain payments to include the charges ;)lus accrued interest nn ,,~h ~_hgt ma-- t*,-- -~ ............ ing term, thus increasing monthly nave granted you. We also a~,r-ee, ~t' your re,,uee* t~e~l'o'~::. :: :,~:,.;:.! .~._::~_a~.~,_ ?a!..s..u. cn. amoum.s w,i ~ .s. ec. ur .e~l. by.the security Interest we · , ', =,,u u,=,,v~ a-y ~errlllcare or ;lTle, to ex,cure eno o I .other acta necessary to es~lish, ~ rfect or maintoi,, v,~,,,,=,.,,,,.., ..... , ,_ .,._ ,, ...... · ;.v.e r otner oocu merits and to do an any damages we may sustain by ~'~son of an" v~i~i~3~'~:,v- ,'',"-'~Y '--'-'-u.'-~-~L'-'='::"~!-a ~r~r~- L We a.g..re.e ~.0:ln0em, n~you and hold you harmless fre~ . . · u~, uo ~.,, a,,y warraniy or omar ~ernl ot this Agreement ' Late Charge. We may have to pay a late charge for each payment not received by you within 1 5 days of the dUe date.The amount of the la-t. payment charge is shown on the front of this Agreement. In addition to collection of a late char eou ma enf make any p.ayment late. Your acc, tance of a lot - g ' y y .orce you. r rights under this Agreement if we payments after they are due P · payment or late charge does not excuse our lare paymem or mean that we can keep m~king Events of Default. We will be in default under this Agreement if any of the following things occur:. (1) If we fail to make any payment acc0rdl~g to the .payment schedule or if we breach anyof the agreements herein; or (2) if any'representation or warrant we made is false or misleading ih any. material respect; or (3) if we should die, an action In bankruptcy or insolvency is begun by or against us, or i~'we are a corporation or business entity, insolvency of, business failure of, the appointment of a custodian, trustee, liquidator or receiver for or for any of the property of, or ass, nment for the benefit of the creditors by, or the fill .n~. of a petition under any b,=nkruptcy, Insolvency or debtors relief law or for extension b ora sin · ' any adJustment of in~ebtedness or co,,,,-rate e~i-*-~-, ~.t,a=,n,y,.s_u~h_,,e_n.t_i ~t~;. ,o_r (4_), ~f w? ?reda c..o~.oration, and c.eaee to do business, dissolve, liquidate our assets orfml t · ~v o~.~,~, u.~;I the ~.,u.ater~l 1:5 selzeu or ;or~ I O maintain our* subject the Collateral to seizure or forfeiture to an,, ~o,e.l ~,~.y.a..n_y?_ ,w_e_m_o_~em_e.n.t.a~e..ncy o.r if we u. se the. Collateral forany purpose which could · . . ,--- -,,.,,,,.,,,,,,,,~ a ,ney;, or I~l ~r tnere 18 an le ot ex '" Collateral; or (7) a judgment ,s entered anainst u · ,, m~ ..... ~.~,~._,__ .~ .......... y w/ scut,on or attachment against the _ ,, S, .r ~..~ ·,.,,. ,,,;,,=,,,,,.,= ~,~ai a ma[anal savers, cnan· nas occurr ' ' (9) we default m the payment of an Ioanorotheroblioati f v,~,,.,,,;~,~t,,,,r. ............... g .... ed!n. our.flnanclalcondition;or ....... Y ....... on wLh s--, --~. ~ ~, ,,~ v,Jllai~r'41 ~nall De IOS~. Stolen. aDanooneo or oestrovad, or d,m,o,=~l unpaid balance and all other sums remaining unpaid under'his ~,~r~'eV~n'~;~ ~ ~v;~L~-.i.a-w-:.u-P-°-n. su?.ac, celeraflon., o..ur obligatio~will be the paym. ent of the. balance due, our payment will be applied to the ~*~paid baianc; ;~d~r ~'~s ~aYr~?m on. [m.s A.g..ree.mem ax,er, you have demanded acceleration ot maturity, greemem om wm not constitum a rescission of the Remedies on Default. Upon default under this Agreement or at any time thereafter, you shall ~ave the right to take immediate possession of the Collateral without notice, other than notice which may be required, by applicable law, or resort to legal process and the right to take the Collateral from us by enteringour property or the property where the Collateral is stored, so long as it is done peacefully. If there is any ersonal property in the Collateral(in which you do not have a security interest), you may take such property without liability and store it for us, ~ou will dispose of this property if not claimed by us within 30 days. Upon default under this Agreement or at an time th r insurance purchased by you and any insurance coverage ...... *---~-- .............. Y . e, softer, we agree th.at you.can cancelanyproperty ~ o ~,,-,.,,..~,uu.u=, m,~ ~greemem ana apply any unearnea premium against the amount outstanding under this Agreement. Upon default under this Agreement or at any time thereaft r .~g~gtl~d~d oad~f~r~c~.h, er. sec..u.r.ity Instrument, i, any, given on the real estate described ~nr' t~UfraJs-g-m, ?~Y,-en-f-orce your rights under any x_~ .,=.~= .,..ge! [o see, .[n.e ~o.,,a,era, ,no use ,ne net sale proceeds to pay ,11 or part of the .m~uht out.t.ndi.. ~,~t~w~ ~eh i°~w2~u.:: --'-"-';-;-'~-: ne[ sale proceeos, an ia,e char es an . . _ _; ..........,,._ ......... a~w~menciollgureme ............... Y _ _ g - d any charges for. takin.~l a.n.d stonng the Collateral, cleanln , repamng and advertising it forsale, and a~vmeys tees aha cour~ costs, eno any expense mpaymg on omar liens, security interests or o~er charges against the Collateral will be' subtracted from the selling price. If we owe you less than the net proceeds of the sale, you will pay us the difference, unless you are re uired to pay~ the proceeds to someone else. If we owe more than the net proceeds of sale, we will pay the difference to Creditor plus interest on su~:°~ amount at ' the Annual Percentage Rate or the highest rate allowed by law until paid in full. You shall have all rights of a secured party under the Uniform Commercial Code. We agree that any notice by you of the sale or disposition of the Collateral or any other intended action hereunder, whether required by the Uniform Commercial Code or otherwise, shall constitute reasonable notice to us if the notice is mailed by registered or certified mai!, postage prepaid, at least 10 days before the action to {either) Borrower's address as specified in this Agreement or to any other address which (either) Borrower has specified in writing to you as the address to which notices shall be given to (either) Borrower. Attorney's Fees and Court Costs. If you hire an attorne other than · P Y e a_tt.orneys"fees, InCluding any incurred in bankruptcy or ap~Yellate proceead?naalasr~lduse~oPulr(~Yc~es't~°.,~c~ll.e~c..t..,w~h~a~.w~,~°hwt:,=_e agree ,o a Ha~e or any higher rate allowed by law. _ .............................. ~ at the Annual Perce,,ta~ Other Provisions. This Agreement contains the entire agreement between us and you Anywaiveror chan e in the terms ofthi . in writing and si ned b gu No oral ch ' · g . 'sAgreementmustbe ........ q Y.Y. · . _. anges a. re bl.nd~ng. T.he laws of the United States and Pennsylvania govern this Agreement. No delay or omission ay you ~n exercising any ngn, or ramsay unaer this Agreement shall be deemed to be a waiver of an default or a u shall impair or waive the exercise of such ri h . Y cq iescence therein or ................ g .t or r.e. me_dy..by, yo.u at a, ny other time. We waive any defenses based on the suretyship, impairment of =o.a[~ra& [ne aiscnarge or release or any party or,ne UOlla,eral ana any benefits of any provisiea of law which would result in the ~lischar e of n _I~_.?_.._W..e.._a..g_ r_e_e~t.h~t t.he terms a.nd c. on.d.I.tJo, ns of this. Agreement shall be binding upol~ qur heirs, exeEutor~ administm~nr-~ ,. .......... ;~ · , e, the remainmg prowsions of this Agreement shall be construed and enf ro eon, to the extent of such provision s unenforceabil · . . . orced as~ that ~full force and effect, ity, were not contained hereln, and the remaining provisions of this Agreement shall continue iNo¥1CE: ANY HOLDER OF THIS CONSUMER CONTRACT IS SUBJECT TO AI-L CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSEFrT AGAINST THE SELLER OF GOODS OR SERVICES OBT PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY H . AINED SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. EREUNDER BY THE DEBTOR A~q~-?-NMENT BY CREDiiu,: 3=or value rG~,;v~, .~*_ -_;~,,~,( ~F~V tm~;~ and A~,,4 to Naflo~nK N A (hemln~er ~ll~'Natl~Bank- ~.tne ~Oll~tpml ~escp~ea herel~ ~1~ ~n~er and ~gnmnt ~ rode ~muant to and le ~bZ~ to ~ a~m nmentofcon~c~fmm I n g ~andNatlonaB~kb whicl counte~alm, or dght of ~set agN~t the ~llm or ~nor or NaflonaBan~ ~{ ~l~r h~ tmn~l~m~msentedbythlsAgmemen~(4)A~l-n~the~le~aun--Z~;3: ............... ~Z__ "~'~--?h~}me, anamcaHa~ano~u~aflon, h~a I ~thlsA the I · . - ~,m,.u.m~..~u~[nm~ reemem~a n Pg y g~m~ andth, mate~l - ---,,x,-~-e~.aqu. urwa~[ con. mi ~i ___ ~ntatl n_ ---a~nl~to ...... ~ ~g~r will m~m~U~rep~m~ mia ~r~ment f~ Nat~na~nk by ~ to ~flonaBa~fha~e~t~? hemln.°r ~t~e~e m~.l~, u~tme or mbleadin inany ~nor ;o aa.ona~n~ as set mnn hereto ere In a~ltlon to all other ob gatl~a ~ ~n~r to ... _ . ' y gr~mem oe~n Natlonauank a~ ~Ngnor. Creditor/Assignor Forward Financial Company (Sear~ DeS~_~one <seal) Tit~.-ASsr' Vice President Ouam~ty e¥ c;~"$;~ °~ Tbl~ ~emo~- ~he under~gned j~y and ::'.';,-al~ guarenl~e the paymen% when due ~ th. isA. greement, includlng, withoutlimltetlon, theAmountFinanced flnancech~.~e, ex.enseaen.4 ............ -_,_. ,_a_n.y__h?_l~d?r.of. t,~ta .Agre~n. e~¢'.H, old. e~')Mallamountsf~omtlmetotimaowin on WhO nave signed the Agreement in em/capacity ~'Obll~om"~ The ;;nder-i---''-''-~'--''-~'' ~'-' ....... u e.v:..~a, m~ m;ur.m~ oy ~o asr In emorcmg me Agreement or this ueran Obligors or the Collateral and hereh,, waiv ..... ;.k..,.~- __~_' .... o N,,,=~ ?v,-~ ~u ~y .,, .mourns ow ng nereuno~' upon demand withou* ~.=.~ ........... ~-~ ty age. in.? ell Oblinorsorth..~,~...~___~_.,_-_-_,~, -?::x-'v:,!.~-~_u,,uermgnecImayneveloreclulretheHoldertooroceedeaa .n,4~,:.;~.-~, ;7.'~L'-~%.~'~'"'uu~'"umas.el)°mT~°n°lmeL;ollaterll neuchorder'~ndtosuchobli tlons ........... . .......... aml[era~.-oloerm",yipglyanypiymentfroman ofthe _-.l.?_._-.v_,?y u.,..V.,~_¥.,gor, s n.ave maas Payment under the Agreement Holders f-I ...... .o~ga_~, __??_the H_.~T~.? may. elect, a.n.cI the u.nderaigned will be d acharged only to the extent t~it the ,duaran~ora,eomw. zee unaera~gned consent to end waive notice of alla~l~an,-e- ~f -,~,.'.~ _~..,.,~.m..~ a__..y__se_,c_u_r~_~, m~eresT gramea Dy the foregoing Agreement 8hall not affect in in of this g.uaran_ty~ presentment, demand, protest, notice of orote81 end rmtiK,~ ~-~J~,~'~'~- -' -':'~-"--'?~ .~.,.? ..... renewals or modifications of the AgreemenL and herebvwalvn natl.. ~f ~me~.n~ .n~t r- .any any Party or L;olieteral securing this Aareement and .n,; .,~. ..... ~,~;~i._ j_. 7z_,;7_,,~¥:.:,. ~..u?u.m~gnea wa,ye any defenae based on suratyshin tm ~.;rme.,;.~ ,..,,_. __., ~_ ~.__~ ...... Signature of Guarantor (Seal) Address PENNSYLVANIA DIRECT MANUFACTURED HOUSING 38-06-1987 (6-98) Signature of Guarantor ~ - (Seal) Addreea Enclosures 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 ' t (~tle) ' (Cbmpany) (Name) ~/ , plaintiff herein, that 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. v(~ignature) ~r Ww~ 02562958 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., ASSIGNEE OF FORWARD FINANCIAL COMPANY Plaintiff VS. SIERRA GREENYA AND MICHAEL S.LANSER Defendants No. 03-915 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT AS TO SIERRA GREENYA ONLY 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#02562958 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., ASSIGNEE OF FORWARD FINANCIAL COMPANY Plaintiff vs. Civil Action No. 03-915 CIVIL TERM SIERRA GREENYA AND MICHAEL S. LANSER Defendants PRAEClPE TO REINSTATE COMPLAINT AS TO SIERRA GREENYA ONLY Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. William T. Molczan, Esquir~/ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434°7955 WWR #~ SHERIFF' S RETURN - CASE NO: 2003-00915 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS GREENYA SIERR3I ET AL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT GREENYA SIERRA but was unable to locate Her deputized the sheriff of DAUPHIN , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 9th , 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 31.50 .00 68.50 07/09/2003 Sheriff of Cumberland County WELTMAN WEINBERG REIS Sworn and subscribed to before me this /~ ~ day of ~ ~2~3 A.D. ~-- ~ro~r~~ In The Court of Common Pleas of Cumberland County, Pennsylvania Bank of ~erica VS. Sierra Greenya et al SERVE: Sierra Greenya No. 03-915 civil Now, ,~,,no 26. 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby, deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within upon at by handing to a mhd made known to Affidavit of Service ,20 ,at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20__ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy william T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief [~puty Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : BgAIK OF AMERICA vs County of Dauphin : GREENYA SIERRA Sheriff' s Return No. 1582-T - -2003 OTHER COUNTY NO. 03 915 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for GREENYA SIERRA the DEFENDANT named in the within REINSTATED NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, July 7, 2003 NEED BETTER ADDRESS. DEF DOES NOT LIVE HERE AS PER CURRENT RESIDENT (ROLAND FUERTEZ SINCE 6/10/03) Sworn and subscribed to before me this 7TH day_of J~3LY, 2003 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $31.50 PD 07/01/2003 RCPT NO 180271 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A. ASSIGNEE OF FORWARD FINANCIAL COMPANY Plaintiff VS. SIERRA GREENYA AND MICHAEL S LANSER Defendants No. 03-915 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT AS TO SIERRA GREENYA 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#02562958 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N,A. ASSIGNEE OF FORWARD FINANCIAL COMPANY Plaintiff vs. Civil Action No. 03-915 CIVIL TERM SIERRA GREENYA AND MICHAEL S LANSER Defendants PRAECIPE TO REINSTATE COMPLAINT AS TO SIERRA GREENYA Kindly reinstate the Complaint in the above captioned matter. 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 #02562958 SHERIFF'S RETURN - CASE NO: 2003-00915 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS GREENYA SIERRA ET AL OUT OF COUNTY 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: GREENYA SIERRA but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 6th 2003 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 26.75 .00 63.75 11/06/2003 WELTMAN WEINBERG REIS So answers: .~ ~f]i R. Thomas Klin?~f Sheriff of Cumberland County Sworn and subscribed to before me this /~ ~ day of ~/~&~ A.D. Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Bank of America VS. Sierra Greenya 03-915 civil SERVE: s~ne No. ~NTow, ~l~oh~r' 9. 2003 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphhn County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now~ within upon at by handing to a and made known to Affidavit of Service , 20__, at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin A/qD NOW:October 30, 2003 NOTICE & COMPLAINT GREENYA SIERRA to DEF of the original : BANK OF AMERICA : GREENYA SIERRA Sheriff's Return No. 2720-T - -2003 OTHER COUNTY NO. 03 915 at 5:06PM served the within upon by personally handing 1 true attested copy(ies) NOTICE & COMPLAINT and making known to him/her the contents thereof at 139 1/2 N HARRISBURG STREET STEELTON, PA 17113-0000 Sworn and subscribed to before me this 31ST day of OCTOBER, 2003 So Answers, Sheriff of Dauphin CgA~nty, Pa. * I DepUty Sheriff Sheriff's Costs: $26.75 PD 10/14/2003 RCPT NO 183768 K COOK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A., ASSIGNEE OF FORWARD FINANCIAL COMPANY, Plaintiff VS. SIERRA GREENYA AND MICHAEL S. LANSER, Defendants No. 03-915 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT AS TO SIERRA GREENYA ONLY 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#02562958 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 BANK OF AMERICA, N.A., ASSIGNEE OF FORWARD FINANCIAL COMPANY, Plaintiff VS. SIERRA GREENYA AND MICHAEL S. LANSER, Defendants Civil Action No. 03-915 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the Defendant, Sierra Greenya, above named, in the default of an Answer, in the amount of $29,703.69 computed as follows: Amount claimed in Complaint $27,108.85 Interest from 1/20/03 to 12/9/03 at the contract interest rate of 10.75% per annum $2,594.84 TOTAL $29,703.69 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. PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434~7955 WWR#02562958 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2601 Koppers Building, 436 7TM Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 139 1.2 North Harrisburg Street, Steelton, PA 17113 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BANK OF AMERICA, N.A. ASSIGNEE OF FORWARD FINANCIAL COMPANY P)aint~ VS. SIERRA GREENYA AND MICHAEL S LANSER Defendants TO: Sierra Greenya 139 1/2 North Harrisburg Street Steelton, PA 17113 Civil Action No. 03-915 CIVIL TERM IMPORTANT NOTICE Date of Notice: 11/~/o~'~ 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 THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT QNCE. 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, WEINBExRG & REIS CO., L.P.A. ,B.vv~:llia m~ z~a/"----~~/'~/~ ~ PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #02562958 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. PA I.D. #47437 WELTMAN, WEINBERG & REIS CO,, L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02562958 ©