HomeMy WebLinkAbout01-2249 FX
lAW OFFICES
PIOSA HIXSON 6: REIllY P.G.
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PA IS195-1014
(610) 530-7500
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DMSION - LAW
NATIONAL PENN BANK,
Plaintiff
VS.
)
)
)
)
)
)
)
REPLEVIN ACTION
No. DI-~l' Go;l~
JONATHAN W. PERRY,
Defendant
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAYBE ENTERED AGAmST YOU BY THE COURT WITHOUT
FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY
OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE
MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717)249-3166
PIOSA, HIXSON & REILLY, P.C.
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By:
Thoma . Reilly, Jr., Es
Attorney for Plaintiff
Attorney 1. D. No. 41668
LAW OFFICES
PIOSA HIXSON 6: REILLY P,c.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CML DMSION - LAW
NATIONAL PENN BANK,
Plaintiff
vs.
)
)
)
)
)
)
)
--
No. 0/- ;{02Y9 ~ I~
JONATHAN W. PERRY,
Defendant
COMPLAINT IN REPLEVIN
And now, comes the Plaintiff, National Penn Bank, by and through its attorneys,
Thomas E. Reilly, Jr., and Thomas A. Capehart, Esquire, and in support of the within causes of
action avers as follows:
1. Plaintiff, National Penn Bank ("Bank") is a Pennsylvania banking corporation
with an office located at Philadelphia and Reading Avenues, Boyertown, Pennsylvania, 19512.
2. Defendant, Jonathan W. Perry, is an adult individual residing at 65
Mountainview Terrace, Mountainview Terrace Mobile Home Park, Newville, Cumberland
County, Pennsylvania, 17241.
COUNT I - REPLEVIN
3. Defendant is the owner of a 1991 Redman Mobile Home, Serial Number
12221995 which is located at 65 Mountainview Terrace, Mountainview Terrace Mobile Home
ONE WINDSOR PLAZA, SUITE 101 Park, Newville, Pennsylvania.
75.;15 WINDSOR DRIVE
ALLEN10WN, PA 18195-1014
(610) 530-7500
LAW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE Wn.DsOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PA 18195-1014
(610) 530-7500
II
4. The approximate value of the mobile home is Fourteen Thousand Five Hundred
Seventy-four Dollars ($14,574.00).
5. On March 25, 1999, Defendant purchased the mobile home pursuant to a Mobile
Home Installment Sales Contract without Real Estate (the "Contract"). A true and correct copy
of the Contract is attached hereto as Exhibit "A" and incorporated herein by reference.
6. The Contract was assigned to the Bank at the time of sale and, as such, the Bank
is a secured creditor under the terms of the Contract, which fact is further evidenced by the
certificate of title to the mobile home, specifically identifying the Bank as a secured lien holder.
A true and correct copy of such title is attached hereto as Exhibit "B" and incorporated herein
by reference.
7. Defendant executed and delivered the Contract to the Bank, or authorized,
acquiesced and consented to the assignment of the Contract to the Bank, as collateral security
for the payment of Defendant obligations to make payments toward the Contract under which
Defendant agreed to pay the Bank One Hundred Eighty (180) monthly installments of Two
Hundred Thirty-three Dollars and Ninety-four Cents ($233.94) beginning May 7,1999.
8. Defendant has defaulted under the terms of the Contract by failing to pay the
Bank monthly installments since December 7, 2000 along with forced placed insurance
premiums and real estate taxes for 1999.
9. Given Defendant's default under the Contract, on or about October 12, 2000, the
Bank sent a Notice ofIntention to Commence Legal Action and Repossess Mobile Home to the
Defendant by certified mail informing the Defendant of the default and the Defendant's rights
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LAW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA, SUITE WI
7535 WINDSOR DRIVE
ALl.-ENTCWN. PA 18'95-'014
(610) 530-7500
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II
and obligations to the Bank. A true and correct copy of such notice is attached hereto as
Exhibit "C" and incorporated herein by reference.
10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices
Act, 15 D.S.C. Section 1692, is attached hereto, marked as Exhibit "D", and incorporated
herein.
11. Defendant has failed, refused and neglected to cure the above-referenced default,
despite receipt of the Bank's Notice ofIntention to Commence Legal Action and Repossess
Mobile Home.
12. In accordance with the terms and conditions of the Contract, upon Defendant's
default thereunder, the Bank has accelerated the indebtedness of the Defendant to the Bank.
13. Pursuant to the Contract, Defendant agreed to pay all amounts which became
due under the terms of the Contract, the costs of suit, and reasonable attorney's fees, as well as
costs of repossessing, storing, repairing, preparing for sale and selling the vehicle.
14. Based on Defendant's fault as above described, Defendant is liable to the Bank
as follows:
Principal Amount Due
Interest to 4/11/01
Late Fees Due
$17,725.24
980.12
18.68
TOTAL
$18.724.04
WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be
entered in its favor and against Defendant, Jonahan W. Perry, in replevin for possession and
delivery of the Mobile Home; plus interest, reasonable attorney's fees, costs, and costs of
collection and any and all other relief which the Court deems just and appropriate.
. ~:,.,., "
LAW OFFICES
PlosA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
A.U..ENTOWN, PA 16195-1014
(610) 530-7500
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11
COUNT II - BREACH OF CONTRACT
15. Plaintiff incorporates by reference Paragraphs No.1 through No. 14 as though
the same were fully set forth herein.
16. Defendant is in default under the terms of the Contract due to the Defendant's
failure to make monthly installment payments since December 7, 2000 along with forced
placed insurance premiums and real estate taxes for 1999.
WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and
against the Defendant, Jonathan W. Perry, in the amount of $18,724.04 plus per diem interest
from April 11, 2001 until the debt is satisfied, reasonable attorneys fees, costs and costs of
collection as set forth in Paragraph 14 of the Complaint.
PIOSA, HIXSON & REILLY, P.C.
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Tho as E. Reilly, Jr., E
Attorney for National nn Bank
Attorney 1.D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
~~~
Attorney for National Penn Bank
Attorney 1.D. No. 57440
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
-",',
VERIFICATION
I, JOSEPH P. ANDREWS, state that I am a Vice President of National Penn
Bank, Plaintiff in the within action, and as such, I am authorized to make this
Verification on behalf of the said National Penn Bank, and verify that the statements
made in the foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities.
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Dated: ~{'\. \ \~'d06\
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MOBILE HOME
INSTALLMENT SALE CONTRACT
(WITHOUT REAL ESTATE)
lDaled:
March 24, 1999
1. PARTIES: In Ihis Contract we are tile Seller: Raya 1
4714 Orhcard St, llarrisburg, fA 17109
Address
You ale the Buysl{s):
Horne Sales, Inc.
JDnathon W. ferrv
65 Mountainvie~a~:rrace, Mountainvie~ Terrace mlP, Newville, fA 17241
Address (Where Mobile Home Is to be placed)
2, JOINT AND SEVERAL OBLIGATION: If IhaTe aTe mOTe than one Buyer and/of one 01 mOl"a Co-Signers, each of YOll shall be liahle,
separalely and together, 10 pay all sums you owe and 10 perform all your promises irllhis Conlract.
3, CO-SIGNER: Any person signing Ihe Co-SigneT's Agreemen\ below pl'omisEls, sepa{B\ely and together, with Buyer and all other
Co-Signer(s), 10 pay all sums owing 10 tiS and 10 perform all agreements In this Conuact as and when they come due.
4. CO-OWNER: Any person with an ownership interest in the Mobile Home signing the Co.Qwner's Security Agreement below gives us
a lien and security inlerest In the Mobile Home and agrees to perform all promises in Ihe Security Agreement.
5. ITEMIZATION OF AMOUNT FINANCED:
(1) Cash Price Including Sales/luxury Tax
(2) a, Cash Downpaymenl
b. Net Trade-In
c. T eta! Oownpayment (2a ... 2b)
(3) Unpaid Cash PrIce Balance (1 .2,c)
(4) To CreditlnsurancB Company
(5) To Propi:lrty losufaoce Company
(6) a, LIcense, Tags and Registration
b. lien Fee
c. Total to Public Officials (Sa + fib)
(7) To
(S) To
(9) Amount financed ((3) + {4} '" (5) ~, (fi)c .\- (7) + (B) ~
~We may retain a portion of this amOlml.
$
+ $
$ 19,400.00
2.000.50
0.00
$ 2,000.50
$ 17,399.50
+ $ 0.00
+ $ 278.00 .
22.50
5.00
+ $ 27.5Q
+ $
+ $
$ 17,705.00
$
+ $
6, DISCLOSORES REQUIRED BY FEDERAL LAW.
I ANNUAL PERCENTAGE RATE
The cost of your credit as a yearly rale.
I FINANCE CHAnGE
The dollar amounl the cfedi~ will cost you.
Amount financed
The amount of credit provided to you or on your behalf.
Total of Payments
The amount you will have paid after you have made all scheduled paymenls.
Total Sale Price
lhe tolal cost of your purchase on credit, including your downpaymenl of $ 2,000.50
Your Payment Schedule will be:
13.74dYo
$
24,'10'" 20
$
17,705.00
$
42,109.20
$
1,4.1O~. 70
Number of Paymenls
Amount of Payments
180
233.94
When Payments Are Due
Monlhly, beginning
May 7. 199~
$
$
SecurUy: You are giving a securily inleresl in Ihe property being purchased.
Prepayment: If you payoff early, you will no\ have \0 pay a penally.
Fillng Fees; $ 27,50
Late Charge: If a payment Is more than 10 days' late, you will be charged 2% of (he portion which is late for each month or part of
a monlh greater than 10 days that it remains unpaid.
Assumption: Someone buying your mobile home,cannot aSSllme the remaindel' of the Contfacl on the oliginal terms.
See below and your other Contract documenls for any additional Information aboUI nonpaymenl default any required repayment in
lult before the scheduled date and prepayment refunds and penalties, ' ,
e means an estimate
If YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS YOU MAY LOSE ALL THE PROPERTY THAT YOU BOUGHT WITH HilS
CONTRACT. AND MONEY IN YOUR ACCOUNT WITH THE ASSIGNEE
7, TERMS: The terllls shown in Ih act
8, THE MOBILE HOME: Under EXfilBIT to purchase (rom us the (ollowlng mobile home ils appliances
furnilure, equipmenl and fixlures ( in this Contract): "
N/U Y eaT jManufac\urer I ,J Serial Number
lJ '22LL Redman IJA" I Redma n 12221995
Equipped with:
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'V?\mo<1
9. TRADE-IN: You ha~e ',aded-in Ihe follcwing mobile home:
$ .$ -$
Year/Make Series Gross Allowance SUlIOwlng Nel Trade-In
We will pay what is Still Owing on your behalf, you warrantlhat no other liens or security interests exist in the mobile home you are
trading-in. .
10. PROPERTY INSURANCE IS REQUIRED: You are required 10 obtain and mainlain in etrect phvslcal damag,e, comprehensIve and
fire and theft insurance on the Mobile Home as provided In lIem 22 on the nexl page, You may obtain such Insurance through any
person of your choice, If you obtain property insurance through Ihe Seller. Ihe lolal premium costs for the insurance lor Ihe Terllls
indicated below is included In the Amount Financed of Ihls Contract as paid To Property Insurance Company.
Mobile Home $ Term -..-:.....-.... months; Fue and Theft $ Term _months;
Physical Damage Insurance
Comprehensive on $
Mobile Home
11. CREDIT INSURANCE IS NOT REQUIRED: Optional Credit life Insurance is available through the SeHer for the term ind~~aled
below. Such tnsurance is not required to obtain credit and wlU not be provided unless you sign below and agree to pay the addItIonal
cost which is included in the Amount Financed of this Contract. Please read the NOTICE OF PROPOSED CREDIT INSURANCE below.
You; insurance certificate will teU you Ule ,naximum amount of insurance eovecage provided to you,
Term
months;
$
Term
months;
Term of Credit Insurance COlier age: Nt A months. Coverage will terminate prior to the scheduled maturity date of this Contract
By signing, you de-sire Single
Credil Ufe Insurance,
which costs $ N I A
What is.
your age?
N/A
Signature of Buysr or Co.Slgner to be
insured for Single Credit life Insurance
N/A
By signing, you desire Joint
Credit Ufe Insurance,
which costs $ Nt A
X N/A N/A X N/A
Signalures of both Buyers and/or Co-Signers io be insured for Joint Credit Life Insurance
What is
your age?
What is
your age?
N/A
Insurer:
NOTICE OF PROPOSED CREDIT INSURANCE
The signer(s) of this Contract hereby lalle(s) notice that Group Credit life Insurance coverage will be applicable 10 this Contract if so
marked above, and Ihe coverage will be written by Ule insurance company named, This insucance, subject to acceptance by the
insurcmce company, covers only Ihe person or persons signing the requasl for such insurance. The amount of cllarge is indicated
for Ihe Credit Insurance to be purchased. The term of insurance wiU commence as of Ihe dale the indebtedness is incurred and will
expire at the end of the term indicaled above. Sub/actio acceptance by the insurer and within 30 days tllere will be delivered to Ihe
\nsUlsd debl.or(s) a certificate oj insurance more fully describing Ihe inSU(8nca. In the event of prepaymanl oltha indebtedness, a
refund of insurance charges will be made when dUe.
12. ASSIGNMENT OF CONTRACT; You may not assign this Contract. The Seller may- assign this Contract and the person 10 whom lhe
SeUer assigns it may reassign it. Any person to whom we assign Ihis Conlracl or to whom it Is reassigned is called 1I1e ~Assignee: Aller
any assignment, all rights and benefits of the Seller in this Contract shall belong to and may be enforced by Ihe Assignee, Atllle lime of
signing 1I1is Conlract, the Assignee is inlended 10 be National Penn 8anl(, Philadelphia & Reading Avenues, Boyertown, PA 19512,
13. PROMISE TO PAY: You promise 10 pay us Ihe Tolal Safe Price for Ihe Mobile Home by making Ihe Tolal Downpayment and paying
us the Amounl Financed plus Finance Charges as provided In the Paymenl Schedule, Payments are due on or before Ille sallle day of
each month as the first payment due date, You agfee to pay aU other amounts which may become due under Ihe terms of thls CDnlract.
You agree 10 make payments at the address which we mosl recently specify in a written notice to you,
14. SECURITY AGREEMENT: To secure the paymenl of all sums you owe and the performance of aU your obligations under this
Conlract, YOll give us a lien and securily interest In the Mobile Home, in any parts (called ~accessions") allached to the Mobile Home al
any later time, and in any proceedS Df the Mobile "lome, including insurance proceeds. We waive the right to heat any pfopelly other
than Ille Mobile Home and ils proceeds as security for repayment 01 this Conlract. However, on Defaull, Ihe Assignee, may exercise Us
legal righl of sel.off and apply any of your money now Q( later on deposit with the Assignflfl against 'he amounts due and unpaid under
this Conlracl. This indudes any money which is now or may in Ihe future be deposited with such Assignee by YDU. Assignee may do Ihis
without any prior notice to you.
15. HOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments in Item 6 is Ihe sum of Ihe Amount Financed and Ihe
Finance Chalge compuled on the assumplion \11<30\ we receive all payments on lheir scheduled due dales, The finance Charge is
compuled daily by appfying Ihe rale (equal 10 Ihe Annual Percentage Rate divided by 365 or 366) 10 the outstanding balance ollhe
Amount Financed, Because Finance Charge is computed on a daily basis, late paymenls will result in mDre Finance Charge (and, if
tlppficable, a lale charge), Early payments willlesult in less Finance Charge, Early and/Dr lale payments will cause the amount of the
i;nal payment 10 change,
16. LATE CHARGE: You agree 10 pay a late charge lor any payment nol received by us wilhin 10 days after its due date. The late
chalge will be- 2% pe, Inm)\h 01 any pal\ oi a moulh in excess of 10 days of the unpaid amount of the payment The late charge wHl be
due when imposed.
'7. PREPAYMENT: You may pr8pay, in full or in part, the amount Dwing on this Contract at any time without penally, If you prepay Ihe
Contract in part, you agree to continue to make regularly scheduled monthly payments until YDU pay all amounts you owe under this
Conlract
18. WAIVERS BY YOU: You promise to maka all payments on or before they come due without our having to ask You give up any
right you may have 10 require Ihal we enfDrce our r;ghls against some other person or properly before we enforce our righls against YOll.
You agree Ihat we may give lip our rights against some other person bul not against you. You waive due diligence in collection and aU
defenses based on suretyship and Impairment of CDllateral.
19. FINANCE CHARGE AFTER MATURITY AND JUDGMENT: Finance Charge allhe rale provided in this Contract shall continua to he
compuled daily on the unpaid balance until we receive payment in full, even after acceleration or maturity, or even after we obtain a
judgmenl against you for the amounls you owe.
20, OUR SECURITY INTEREST: YOll will nol penni! anyone other Ihan lIS ID oblain a security inleresl Dr other rigllls in Ihe MoiJile
Home. You will pay all filing fees n~cessary for us to oblain and maintain ouc security inlefest in the Mobile Home. You will assist us in
having our security inleresl noled on the Certificale of Title 10 the Mobile Home, You will nol self Dr give away the Mobile l'lome. If
someone Dbtains a Hen on the MobUe Home, you will pay the obligation and satisfy \t1e lien.
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21. YOUR OBLIGATIONS AEr.o\ADING HIE MOBILE UOME: You will Iteep II 'I1Q!Jile Ilome in 900(1 conclitjol) ane/lepair. YOll wil
fla~ any and all taxes and chal!. In Ihtl Mobile lIome a.nd promfllly provIde p, ,01 JlayulOlll if welli-tlllire. YQU will pay all costs 0
mainlaining thlO Mohile llama. 'j '"'u will Ilol;;uuse Ihe MdlJile Home,or parmil anylhing 10 be dona 10 Iha Mollile Ilome Ihal will reduce IH
value, other Ihan for normal wear and lIse. You wUl not use the Mobile Home for Illegal plltposes or lor hire or lease. YOLl will /lol movt
1116 MoLJile Horne fro'm your .HldrElSS shown on Uwlront of lhis Contracllo a new permanent plac~ withoul notifying us in advance. Ym
will paHl1i\ U$ \0 inspaCl Ihe Mobile 110ma at 2U)Y laasonabla tima. 'fou a9'''''' that the Moblll' Home will, a\ all times. \.l~\1\ 'hie. Contli"<::' I~
paid in f~lll. remain personal properly. You <IUree 10 place lhe Mobile Home In such a way Ihat II can be removed wllhollt suhslanllalll
damaaJng or Impairing its val~le, It the MoblhJ liome will be placed on pcemlses yau are leasing, yOu agree to outain a Lamllord's Waive,
salisfaclory 10 llS. The Landlord's Waiver must permilus 10 enler on Ihe premises And to repossess and remove the Mobile Home, ever
if you are in dl;!laufl 01 your lease, You agree Ihat you must perform ymlr promises under Ihis Conlracl even ilthe Mobile Home is 1051
dalllagod or deslroyed.
22. IUSUnANCE REQUIREMENTS: You rllLHlIlwtlP Ihe MoiJila Home Insured agalnsl fife, tholt Of OIlISI lIataHI!-J aljainst wllich ownor~
CtlslOmarily insure mobile hornes unlil aU SLIms owed 10 us are paid in full. The insurance coverage musllJe s~lisfaCIQry I? us amI plOlacl
your ill18rests and Ollf interests atlhe time of any instlred loss. The insurance musl Ilallle us as "loss-payee" on Ihe policy and mllSI bE
wrillen by an insurance company qualified 10 do business in Pennsylvania arlcllicansed to sell insuranCe in the slale where Ihe Mohile
Ilome is peftflanelllly kepI. TIle insurance policy musl provide us with al/easl 10 days' prior wriUen nolice of cancellalion or re(/uclion ill
cover..ge for any reason, On requesl, you shall deliver the policy or olher evidence of inswance COVBrage IQ LIS. In the evelll of any IQSS
or damage to Ihe Mobile 1I0rne, yOlI will inune(/ialefy notify us in writing and file a proof of loss willlll\a insu(er. We may file a proal 01
loss on YOllr behalf if you lail or refllsa 10 do so. We may endo(se your name to any check, dralt Or olher inslrument wa receive in
paymenl 01 an insured loss. We Olay allow you 10 apply any insurance proceeds we receive 10 rerair or replace tile Mobilallom6 if. 111
our opinion. it is economically feasible and you are not then in delalllt under this Conlrad. Othelwise, we will apply Ihe Insurance
procefuJ:; lu rBeluce the unpaidlJalance owl'Hllo Wi.
23. PROPERTY INSURANCE HtE SELLER CONTRACTS TO BUY AT YOUR EXPENSE: If you prepay this Contract in full prior to Ihe
expiralion date of any physical damage, comprehensive and/or Ilre and U\elt insurance you purchased in connacllol1 with the Conlract
thlOllgh Ihe SeUor, such ;nsu(anca shall remain fn lorce unless yOtl requesl canceUalion. If, prior 10 expiration, such insllranca is
cancellad throllUh no faull of yours, we stl::tll place comparable insurance with anolher inSllfance company. If we are llnablo to oblain
such insurance, we shall notify you amj rellllhwse you far any additional cosls yOll incur in oblaining replacement insllrance for Il1e
unexpired pedod for which the original insurance was written.
24. OUR AIGtHS: If you fajJ 10 pay filing fees, laxes, liens or Ihe Cosls necessary to l<eep the Mobile Home in good condition <'Ind repair,
we olay advance any money you promised to pay. II youlailto keep requited propecty insurance in ellect we may advance money to
oblain sllbslitute insurance 10 cover loss or damage to Ihe Mobile Home. We do not have 10 advance any money for lhese plllposes,
Subs.titute inSl\(anCe we obtain will be limited ta an amount not gceater than what you owe Oil this Contract We wi<< add any money we
mlvance 011 YOW 1)8/1<11110 Ihe balance on which we impose finance Charges at Ihe Annual Pe(centaoe H~la of this Contracl. You agreB
to (epay the money we advance as we alone roay specify, either immediately on our demand, oc along with yoU( monthly payments. II
we choose 10 allow you 10 repay Ihe money advanced along with your monlhly paymenls, we can choose the anlount of these paymenls
ami how long you have to repay. Our payments on YOlle behalf wi<< not cure YOllf 1ailll{e to perfocm your pcomises inlhis COIlI{acl.
Seclions 21, 22 and 23 and our rights under this Seclion 24 shall not merge wilh .::my judgment enlered in any legal adion and !-JhaU apply
until aU amollnts YOll owe are paid in full.
25. DEFAULT: In 11115 paragraph 'you" means Ihe Buyer, Co.Signer and Co-Owner, or anyone or more of you. You will be in "Default" of
Ihis Contract if anyone Oc more. of the (uUowing things happen:
a. You do flat make any paymenl on or before the dale it comes due;
ll, You do not ~eep any promise YO\! made in this COf\\racl;
c. You cia /101 keep any prolllisa you made in any other note or agreement wilh us;
d. You made any Ul)\W6 slatemen\ in Ihe cfadi\ application for this Contract;
e. You provide a talse signature in cor1nection wilh Ihis Contract;
l. Yml {lie, au} convic\eu 01 a Clime in\!C\vinu {ralld or dishonesty, 01 ala declared legally incapaci\aiell;
g. Bankruptcy or insolvency proceedings are begun by or againsl you;
h. Willl0UI olllaining Ollr prior wr;llen consent, you permanently move the Mobile Home 10 an address outside the stale where it was
to Iltl placed as provided by your name in Item I;
You a\}llse Ille Mobile Horne or use it in a way Ihal causes II nollo be covered by your required insurance;
j. You (10 sornelllillg 1I1al callses tile Molllle Homo 10 be sulljectlo conliscalionlly government authoriliesi
It. 1 he Mobile !-lame is 10Sl. stolen, lles'loyed or tlarnaged beyond economical repair, as delermlned IlY your Insurance company.
and nol fixed or found wilhin a reasonablelillle; or
\. Another Clec\~OI' Ilies to lake Ihe Mobile llame by legal process.
26. OUR RIGUTS IF YOU ARE IN DEFAULT: If YOll are in Default, we may enforce our l'igl1lS according 10 law, aller we have Uiven you
any appllcat)le Dullee andJo! IIgh' 10 Cll1e 1I1al111ay 'hen be required by law. We will advise YOll how and wilhin whal period 01 lime you
may cwe the Delault. We may also do lile ttlings specifically mentioned in Ihls Conlracl. We may do aIle of Ihese things and alllle same
lime Of taler do another. II available to YOll and you do nOI timely exercise your right to CUle, among olher things we lIlay do the
foUQwillg:
a. ACCELERATiON: We can demand Ihal you lrnmedialely pay 10 us Ihe elltira llnpaid balance owing on Ihe Conlract and all
urlpuid Fimll1Ctl ChElrglls and other sur1lS due. You agree to pay Olll costs 01 sui! ami ollr reasonable allorneys' 'ees as per/llilled by l<tw
jl we hire an nllorney 10 collecl amOllnlS owedllnder Ihis Conlracl Of 10 protect or obtain possession olllle Mobile 1I0mE!.
lJ, REPOSSESSION: We can repo!-Jst:lss Ihe Mobile I lome, llnless prohilJited lJy law. We can do Ihls ourselves, have a licensed
reposstJsSOI tlo il for us, or have a govcrnlllenl olticial do iI by legal process. You agree that we can peaceably come on 10 yaw pfOfJelly
10 do Ihis. We may take any olher allicles found in Ihe Mobile Home, but will relurn l!lese articles 10 you if you ask. If you wantlhese
al'flcles back. you musl requastlhem in a letler seollo us by certWad or registered mail wilhin 48 flOUrS, If you do not send us Ihis leller,
yml give up any claim to Ihese articles.
c. VOlUNTARY DEliVERY: We can require you 10 return Ihe Mobile Home 10 us al a reasonably convenient place. You agree 10
deliver Itle Mobile Ilome 10 us if we ask
d. DELAY IN t:NFORCEMENT: We can llalay in enlorcing our righls under 111113 Conlracl wilhOlJllosing them,
27. YOUR RIGIfTS IF WE REPOSSESS rUE MOB,ILE HOME: If we repossess wilhoullegal/)(Ocess:
a. NOTICE: We WIll immedialaly deliver or mall 10 yOll, by regislered or certified man, a Notice 01 Repossession 10 yow last address
shown on our records, This NOlica will leU you how 10 buy back (redeem) the Mobile Homa. This NOlice willlell you olhor informalion
cequired by law.
I), CURE: You will have tile riuhllo cure yml!' Datalllt al any lime bGfore we lawfully transfer lille to Ille MObile Home !rom you. II
vou cure you( Default, Iha Conlract Will remain in Ell/ect aSlhough the Defaull had nol oecllned,
c. REDEMPTION: You have the righl 10 buy back (redeem) the Mobile Horne before we lawfully Iransfer lilIe of Ihe Mobile Iloma
flOm you 10 anolher person,
cI SAI.E; II you do nol cure yOllr Odaull or IOdeolll, we will self Ihe MohiJu lIolna. '1110 1lI0noy wo lecujVIJ will filsl hu u!-Jud to pay
our actllal, necessary an(/ reasonahle costs and expen!-Jes as permllled by law, and Ihan 10 pay the amounl you owe onlhis Conlracl.
e. SURPLUS OR Di:flCIENCY; n IIlele is mOrley If:lll allef Ihe sale, we will pay ilia any nuySI. "110t enough money is lafllJol1l tl10
"ale 10 pay what yOIl owe, Buyer and Co Signer a[Jfel;! to pay llie amollnl still owed 10 us.
t EXPENSES: We have Ihe light \0 chalue YOll and YOll agree 10 pay Olll aClual, necessary and reasonahle costs 01 mpossessing.
dOlaclling, Iranspolling, storing, repairing. preparing lor sale ami selling tile Mobile Iloma IIlal are aUowed IJY Jaw,
26. HElRS AND PERSONAL REPRESENTATIVES BOUND: After your death, lhls Conlracl shan be enforceable againsl YOllr eslale and
yoU( Ileils I.\mllJersonal f8presanlcllives.,
29. GOVERNING LAW: This Contfact is to Ill;! gavemed by ancI interp{6Iec! accolding 10 Ihe laws of Pennsylvania.
30, SEVEIlABILlTY OF PROVISIONS: If for i:1./1Y reason any lerm Ollllis Contract is deleullineelto be void or unenforceable Ihal lerm
shall not be pari of tllis Contract. '
31. NO WARRANTIES: THERE ARE NO WARRANTIES BY SELLER. EXPRESS OR IMPLIED. INCLUDING HIE WARRANTIES OF
MERCIIANT ABIlITY AND FITNESS FOR A PARTICUlAR PURPOSE, OR OHlERWISE. UNLESS SELLER liAS GIVEN YOU A
SEPARATE WIlITTEN WARRANTY,
IlI'I,'" 11,1>..."rl.....It..""
TfUS DOCUMENT CONTINUES ON TilE REVERSE SIl1E
,~,,~."
'''~
"'iffi-~!I.fIlJ,~ rr
. . I U J CT TO ALL CLAIMS AND DEfENSES WHICH THE::
~~~~~~ - ~g;j'1.'riO~~:;R~F A"W~~N~~~~~r.:.i~\.~~E~~T 8gg~:~J ;E~"::::S OBT"""ED PURSUANT 'HEftETO OR WnH THE
PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
By signing below, we agree to sell the Mobile Home
to you under the terms of this Contract
NOTICE TO BUYER . DO NOT SIGN THIS
CONTRACT IN BLANK. YOU ARE ENTITLED
TO AN EXACT COPY OF THE CONTRACT YOU
SIGN. KEEP IT TO PROTECT YOUR LEGAL
RIGHTS.
SELLER /jOYil !lame Sales, ;lO'
~.~J~/4-'-s" (SEAL) '~~l".~~illl\
~ ~,,L 1-7 ct-- Oats (SEAL) (Date)
CO-SIGNER'S AGREEMENT: yOU SHOULD READ THE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A
SEPARA1E OOCUMENT, BEFORE SIGNING lHIS AGREEMEN1, You, the paIson (or persons) signing as "Co-Signet" below, pwmlse
10 p~y to us all sums owed on this Confract and to perform aU agreements In this Contract as and when they come due You Inlend 10 be
legally bound by alllhe terms of Ihls Confracl, separately and logether, with each olher alld the Buyer, You, are m8,kmg thiS promISe to
induce us 10 enler inlo this Contracl with the Buyer even though the proceeds will only be used for the Buyer s benefit. You agree to flay
even Ihough we may nol have made any prior de~and for payment on the Buyer or exercised our security interesl in the Mobile Home.
BUYER
Jonathon W. Perry
(SEAL)
'"
3K~7q
(Dale)
(SEAL)
Oa\e
Co-S;gner's Signature
Address
(SEAL)
Address
Date
Co-Signer's Signature
CO.OWNER'S SECURITY AGREEMENT: You, Ihe person signing as "Co-Owner" below, together with the Buyer or olhefWise being aU
of Ihe Owners orthe Mobile Home, qive us a lien and secu~ily interest, in the ~obile Home, ,You inlend 10 be l~gally ~ound by the,terrns
of Ihis Contracl olher Ihan Ihe PromIse To Pay, You are giVing us thiS Security Inlerestto Induce us 10 elller Inlo IIllS Conlract wltl11l1e
Huyer and 10 secure Ihe paymenl <lnel performance by Ihe Buyer of all sums owjn~J 011 this C.ontracl. You will not be responsible for any
sums lhall1lighl still be owing on this Contract if, alter Delaull, we repossess and sen the Mobrle Horne.
Co-Owner's Signalure
(SEAL)
Address
Dale
BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE
TI~S~ING.~
~ l\l-,\\L '\Hll
BUYER J ~th W P , BUYER
0.. on . erry
THE ASSIGNMENT BELOW IS NOT PART OF THE MOBILE HOME INSTALLMENT SALE CONTRACT BETWEEN THE BUYER AND
SELLER.
ASSIGNMENT
~
To Induce you, Nalional Penn Bank, the 'Assignee" Identlfled In lIem t2 of this Contract, 10 purohase Ihe wllhln Conlraot, the Seller heleby
warrants and represents, and oontinues 10 warrant and representlhal: the sare was mada In strict conformity with all appllcahle federal, state and local
laws and regulations, Including, but nolllmlled to, Artfcle 2 of Ihe Pennsylvania Uniform Commercial Code (13 PA C.SA ~~2fOl,~. seq.): our tiUe 10
the Conlract emd the Mobile Home covered thereby is absolute, f.ee of all liens, encumbrances and securlty interests, and Is subjecl onTy to Ihe 119hls
01 the Buyer as set lorth Iherein: Ihe Contract Is genuine, the signalures thereon are of the persons they purporlto be, arose Irom the sale of Ihe Mobile
Horne Iherein described, and All pArlies therelo are 0/ full age and had capacUy 10 conlract; lhe descrlpUon of the Mobile Home and edra equipmenl is
comple\e and cOHecl; Ina cash downpaymenl and/or Irade-in allowance were actually received and no part thereof conslsled of noles, post.dated
checks, other credit advanced by us to Buyer or rebates or similar paymenls from us 10 Buyer plOwever, manu'acturer's rebates may conslitute all or a
parI of the downpayment}; all wananlles and st3tements Hlerein al'e tme; there \s owIng thl!feon the Amounl Financed plus Finance Charge a\ Ille
Annual Percentage Rale 01 the Contract sel forlh Ihereln; we are duly licensed under the PennsylvanIa Molor Vehicle Sales Finance Act (69 P,$. ~601
et. seq.), and /lave duly complied with all requirements thereof with respect to the {C8IlsacUoll and wilh the Fedelal Trulh-lll-lellrliIl9 Act 81lrl wilh any
Olherfederal or slate law, rule or regulalion applicable to Ihis Contract: a certificale of litle 10 Ihe Mobile Home showing a lien or encumbrance In favor
of tile Assignee has been or will be applied lor promplly; and Seller has no knOWledge oflacts impairing the valldily or value 01 the Conlracl_ tr AllY
Sucll warranties or representaUons should be breached at any lime, Seller sl1all repurchase said Contracl from Assignee, on demand, and will pay
therelor, in cash, the amount owing thereon, computed as sel forth below, and saId remedy shan be cumulative and not exclusIve, and shall not affect
any othel Ilgl1\ Of l1'!medy thaI f\ssignee mig'" have at law or in equl\y agalnsl Se1Jer. in the evenllhal Buyer or Co-Signer lails or refuses to make any
paymenl due on the Contract on the assertion, eilher oral or wrillen, lhalthe Mobile Home Is delactive, not as represented 10 Ihe Buyer by Seller, or
that Seller retuses to honor any warranty or sefvlce agreement of Seller 01 maflufactUl8f, Sellef aglees that, Oil being advlsl;l-d by Assignee of such
claim 01 Buyer or Co-Signer, Seller will repUrchase the Contract from Assignee and pay Assignee Iherefore Immedialely In accordance with Ihe
repurchase terms set 'orlh below, and Seifer lurther agrees 10 hold Assignee h~lfmless Irom any olher claims of Buyer, Including allowey's fees, costs
and expenses Incurred in derending againsl claims asserted by Buyer and Including claims for fefund of payments made by Buyer to SeHer or
Assignee, By defiverlng Ihis Contract to Assignee and accepting payment lor II, Seller authorizes Assignee 10 sign Seller's name to lhls Asslgnmenl,
witho\ll leCOUlse, \1 the Assig-nmel'l\ has been delivered without Selle"s signalure.
In tne evenllhat Seller Is required by Ihis Asslgf\mel'll to Ulpulchase the Con\lact f!Al'ld/OI Mobile Home, Seller shall pay 10 Assignee, In cash,
the lull unpaid balance of the Contract as of the date of repurchase, plus any then earned Anance Charge and any and,all costs and expenses paid or
Incurred by Assignee In le'Specl thereto, including reasonable allorney's fees, In connection with claims by Of against any Buyef, Co.Sigl'lel 01
Co.Owner or any person In rossession of the Mobile Home and/or by or againsl Seller.
for value receIved, Seller hereby sells, assigns and transfers unlo Assignee, lis successors and assigns, Ihe wllhin Conlract, all moneys dlle
and to become due Ihereunder, and all righi, Ulle and Inlerest In and 10 ihe Mobile Home Iherein described, wilh lull power In Assignee In lis or our
name 10 lake such legal or olller acllon w}licl1 we mighl have faken save for this Assignment, Unless SeUer initials either oflhe endorsemenls below,
lilled "WITH FULL nECQURSE" or 'WITH nEPURCHASE," Seller's assignment shall, eJ{cepl ror the provisions 01 the paragmph lilled "Assignment," be
WIIHOUT RECOUf-tSE.
WITII FULL RECOURSE - Seifer agrees that In addillon to the palagfsph above tilled "Asslgnmenl: In lhe event 01 delaull by Ihe Buyer in
tile fun payment on the due date thereof ot any Installment payable under the Conlract or in Ihe prompl performance of any olher
obllgalion 10 ,be performed under the Contract by Buyer, Seller will, on demand by AssIgnee, fOflhwil!\ Iepulcha" the Cmlbact 1m",
Assignee lor II repurchase price, In cash, computed 8!l set forth above,
WITH REPURCHASE - Seller I\gla95Iha\; In atldlllon 10 Ihe provIsIons 01 the paragraph above tilled "AssIgnment," In the evenl or any delaull
by Buyer which ahaH enlllte MalgneEllo rero9gen the Mobile Home, SeHer will, Illhe Mobile Home Is rep09geSS'ed by AssIgnee and
deliverl'd to Seller, Ilnd wIthout regard 10 1119 th9n condlllol1 01 the Mobile Home, forthwith repUrehM1!. the Cor.llacl and the Mobile Home
flom AssJgnee for a repurcha.!:e price, In cash, computed as sel fOllh ebove,
""~"'\lIllgbalcwweagfe8\0Ihe18'm90flheA!Slgnm9n\.
SELLE: . (fft.. i ~(, 5/f1E?7Yr.. by 1f~oI\T;;~~?'1 ::rzrtl L.~mJt. 6VO
By: ~ c;7u fi )
/' T1I" . ,
--i'W;1M'f!Il~~
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.
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CERTIFICATE OF TITLE FOR A VEHICLE
991250021004911-001
12221995 I 91 REDMAN li4030468304 PE
VEHICLE IO(NT:r:ICA TION NUMBER YEAR MAKE OF VEHICLE TITLE NUMBER
MH 0 I I OOO:~~~!~91 ;~~I~E~ TI 4
60DYTYPE Due SEATCA? PRIOR TITlE STATE OOOM_ STATUS
5/07/91 5/26/99 I I
DATEPA TITLED DATE OF ISSUE UNLADEN WEIGHT GVWR GCWR TITLE BRANOS
DISCLOSURE ,E3g"l\1':~,f:8"Y'hFEDERAl
(,~,r(,;{t~%~~, ' , "JJ.-'I-~:?.~:,;:-
JONATHON W PERRY
65 MOUNTAINVIEW TERR
NEWVILLEPA 17241
PENN BANK
DATE
BY
AUTIiORIZEO REPRESENTATIVE
NAHONAL,PENN
READING &:
BOYERTOWN
BANK
1':HILA AVE
PA 19512
. \ CGJ'lity 3ll ct \he dme 01 i&S\I1l, \he o11\t;;aI I8COW$ 01 \he Penns>pvania Depar'lmen\
otTl'Insportalion reRedlhallhepersonjs) or eompany named hllrein is lMIllawlul owner
oflh.saH:I~.
""
YEAR
$IGWoTlJIlEOFPI!FlSO"'AOMI"'ISTEFl,,,,aOATI-l
o
.~
~
:.0
........:
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-""
n-..'JOCl""~.'el'll8y""..e'I~"'_'..Ce<ull:.1t<>!1'1"&",,,,,,V'"""''''~
.-. ..O,&<'l:<>"'.nneumOI7l',C..an:l"........09i1'_....I<>M_
SIG""'T1JR~CF J,PP!.ICANTOF> "'UTHOIllZ!:D SIGNER
I
0"'.;
- -1';1 I!l '
"I' ~
"
LAW
ODOMETER STATUS
0: ACTUAL MILEAGE
I = MILEAGE EXCEEOS THE MECHANICAL
UMITS
2"NOTTHEACTUALMILEAGE
3 = NOT THE ACTUAL MILEAGE.OOQMETER
TAMPERlNG\lEFlIF1ED
4 = EXEMPT FROM ODOMETER DISCLOSURe:
SECONC_~\EN F.I>,\/QR OF',
TITLE BRANDS
A : ANTlOUE VEHICLE
C ~ CLASSIC VEHICLE
D =COLLECTlBLEVEHICLE
F ~ OUT OF COUNTRY
G = ORIGINALLY MFGO. FOR NON.U.S.
DISTRIBUTION
H ~ AGRICULTURAL VEHICLE
L "LOGGING-VEHICLE:
P ~ ISiWAS A POLICE VEHICLE
R =RECONSTRUCTEO_
S = STREET ROD
T ~"'e.CO\le.flE:OTHEF1'Ve.\\ICLE
II "VEHICLE CONTAIN$ REISSUED VIN
W "FLDOD VEHICLE
X = ISlWAS A TAXI
~'
It a S800ndlienholder Islisteo uponsalislactlOfl ollhetirsllJen.lhe' filSl
lienhOlder must lorward this Tme 10 the aureau ot MOlor Vehicles wiYn'-lhe.
appropriale lorrn and tee,
SECOND pEt-! ,RELEASED
DATE
BY
AUTHORIZED RE:PAESENTATIVE
BRADLEY L MALLORY
It a cc--purcl1aSeT cthe-r iliar. your spOuse is liSied a'nd yQi.i wan~ tl\e Iit\e to
be listed as 'Joint Tenants With Right of Survivorship" (On dealh ot one
owner, title goes to sUlViving owner.) CHECK HERE O. Otherwise. the title
will 'De issued as "Tenal'l\s in Common" (On tieath of one owner, interest 01
deceased owner goes to hislher heirs or estate).
1ST \..IE-No OAT~
-.. IF NQ UEN., CHECl< 0
1ST LIENHOLDER
STREET
CITY
STA"
OP
ANANCIAL INSTITUTION NUMBER
2ND LIEN DATE'
....... IF NO LIEN, CHECK
o
2ND L1ENHOLOER
EXHIBIT
ST,,,,-TE ZIP
"B"
.',;-<'
'.
. NATIONAL
'. PENN BANK
Part of the National Penn Family
Member FDIC, Equal Opportunity Lender
Also part of the National Penn 1amily:
Elverson National Bank
1st Main Une Bank
Chestnut Hill National Bank
National Asian Bank
Investors Trust Company
Unk Financial Services, Ine,
National Penn Mortgage Company
CERTIFIED MAIL
TO: Jonathan W. Perry Notice Date: October 12, 2000
65 Mountainview Terrace
Mountainview Mobile Home Park
Newville,PA 17241
Acct. #362363975610
NOTICE OF INTENTION TO COMMENCE LEGAL ACTION
AND REPOSSESS MOBILE HOME
You are currently indebted to National Penn Bank (the "Bank") pursuant to an
Installment Sale Agreement dated March 24, 1999 between the Bank and you with regard to
YOUT 1991 Redman, Vehicle Identification Number 12221995. The Installment Sale
Agreement IS IN SERIOUS DEFAULT because the payments due since September 7,
2000 have not been paid, along with real estate taxes for 1999, and forced placed
insurance premiums of $263.00. The total amount now required to cure this default, or in
other words get caught up in your payments, as of the date of this letter, is $373.12, along
with all delinquent and unpaid real estate taxes, and unpaid insurance premiums.
You may cure this default within THIRTY (30) DAYS of the date ofthis letter
by paying to the Bank the above amount of $373.12, plus any additional payments
which may fall due during this period, including all other events of default that may
exist. Such payment must be made either by cash, cashier's check, certified check or
money order and made to:
National Penn Bank
P. O. Box 547
Boyertown, PA 19512-0547
Attn: Richard M. Kistner
(610) 369-6585
If you do not cure the default within TIDRTY (30) DAYS, the Bank intends to
exercise its right to accelerate the Installment Sale Agreement and will instruct its
Attorneys to commence a legal action to take possession of the Mobile Home.
At the end of the thirty (30) day period, if you wish to cure the default, you will also
be required to pay reasonable fees actually incurred by the Bank prior to commencing a
legal action to take possession of the Mobile Home, including, but not limited to reasonable
attorney's fees and costs, up to an amount of Fifty Doll
EXHIBIT
J
lien
Pl1iladelphia & Reading Avenues, RD. Box 547. Boyertown, PA 19512 . 610~369-612B . 1-BOOMB22M
asdaq Symbol - NPBC
0,"1-~""""""'?'-=
."__, ,",coo
~. ,~~
I,.
"
, '
"
"
Jonathan W. Perry
Page Two
Once the Bank commences a legal action to take possession of the Mobile Home,
you will also be required to pay any reasonable fees actually incurred by the Bank,
including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty
Dollars ($50.00).
The Bank may also sue you personally for the unpaid principal balance and all other
sums due under the Installment Sale Agreement. If you have not cured the default within
the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have
the right to cure the default at any time before the title to the Mobile Home is lawfully
transferred from you, which shall be no sooner than Forty-Five (45) days after your
receipt of this Notice. You may do so by:
(a) paying all amounts which would have been due if you had not defaulted
and the Bank had not accelerated the Installment Sale Agreement;
(b) perform any other obligation which was required of you under the
Installment Sale Agreement;
(c) paying reasonable fees actually incurred by the Bank in taking
possession of the Mobile Home, including, but not limited to reasonable attorney's fees and
costs;
(d) paying any late fees or penalties as set forth in the Installment Sale
Agreement; and
(e) paying any cost incurred by the Bank in detaching and transporting the
Mobile Home to the site of the sale.
Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly.what the required payment will be by calling the Bank
at the telephone number of the person listed above. This payment must be in cash, cashier's
check or certified check.
You should realize that a sale or transfer oftitle to the Mobile Home will end your
ownership of the Mobile Home.
;;;;~~,
" 11, "^~
I ~. ,. _"~,~.,., "
,,- ,--
,~
Jonathan W. Perry
Page Three
You have additional rights to help protect your interest in the Mobile Home. YOU
HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY
OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE
AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default as set forth above, the Installment Sale Agreement will
be reinstated and you will then be able to make payments for the balance of the
Installment Sale Agreement as if the default never occurred.
NATIONAl, PENN BANK
t2LJ. 'Pi. ~
By:
Richard M. Kistner
Special Loans Adjustor
~i" ~,__'f , , __,.,.~" _, __ . v
,-, ,
.
"
--
PIOSA HIXSON &: REILLY
XITORNEYS j1J LIWV
MICHAEL J. PIOSA
BOYD G. HIXSON
mOMAS E. REILLY; JR.
mOMAS A. CAPEHART
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
TliL:(610)530-7500
FAU<:(610)53D'8190
TO:
Jonathan W. Perry:
We have filed this complaint against you on behalf of our client, National Penn Bank"
WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15
U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE:
The amount of the debt owed by you is $18,724.04 as of April 11, 2001.
Royal Home Sales Inc., is tbe original creditor for this debt.
You have thirty (30) days from the date ofthis Notice to dispute the validity ofthis
debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is
valid aud the amount ofthe debt is correct. If you notify us in writing that the debt or auy portiou
thereof is disputed by you, we will obtain verification of the debt from our client and provide such
verification to you.
Please note, that despite the thirty (30) day period described above, the Bank is not
required to wait thirty (30) days to take any actions to enforce its rights to collect the amonnt owed,
including, but not limited to, filing a lawsuit against you. As snch, you should expect the Bank to proceed
with any such action within the time frame set forth in the accompanying complaint or documents, and
any other previous correspondence you may have received directly from the Bank.
This letter is from a deht collector. This letter and any other correspondence from
this office is an attempt to collect a debt and any information obtained will he used for that purpose.
Sincerely,
EXHIBIT "D"
~t " :,-' "-'_""A,",',_,_ ,~T,___ "~,_ ,~ >"0'"'' ""'"-0 _ ~,11 '''''' ",,_,__, _,__"'"__ ,<" ,--,,_,'h,'"_'_h_ ,~ ,',~--P_"F_" ___~_"'.~ __~ ,__~'-
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02249 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL PENN BANK
VS
PERRY JONATHAN W
DAWN L. KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
PERRY JONATHAN W
the
DEFENDANT
, at 1835:00 HOURS, on the 19th day of April
2001
at 65 MOUNTAINVIEW TERRACE
MOUNTAINVIEW TERRACE MHP
NEWVILLE, PA 17241
by handing to
KELLY PERRY WIFE
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
6.20
.00
10.00
.00
34.20
-
,:/s:~-l~;~":-~--;e-""-_ ";,T
.,'
R. Thomas Kline
Sworn and Subscribed to before
me this rA~k day of
04/20/2001
PIOSA HIXON & REILLY
By : C'\ jl \ / I n
\J <lW'Y\ - <}. 'K-UlL
Deputy Sheriff
A.D.
06r~
",1",1, - "~T"_ ~,~-r
~-~'~~
I,
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..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Plaintiff
vs.
)
)
)
)
)
)
)
No. 01-2249
JONATHAN W. PERRY,
Defendant
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant. Jonathan W. Perrv. for want
of failure to file a responsive pleading to Plaintiff's Replevin Complaint.
--X- Enter judgment for possession of the following personal property: 1991 Redman MoBile
Home, Serial Number 12221995; AND
X Assess damages as follows:
Debt. . . . . . . . . . . . . . . . . . . . . . $18,724.04
Interest from 04/17/01 to
05/30/01 @ $6.67/day. . . . . . .. $ 286.81
Attorney's Commission .. . . .. $
TOTAL . . . . . . . . . . . . . . . . . .. $l9.010.85, plus
interest from 05/30/01 and costs
X I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the
complaint and is calculable as a sum certain from the complaint.
.-
X Pursuant to Pa. R. C.P. 237.1, I certify that ~otice of the intention to file this Praecipe was mailed
or delivered to the party against whom judgment is to be entered and to the attorney of record, ifany,
after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A
copy ofthe notice is attached.
Date:
mQ-4 10 ?nn I
I
Thomas E. Reilly, Jr.,
Attorney for Plaintiff
Attorney J.D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
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NOW,
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, 2001, JUDGMENT IS ENTERED AS ABOVE.
Prothonotary/Clerk, Civil Division
~: ao/YIP~ 2. ?7cP/u~
Deputy
""""""-'"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Plaintiff
vs.
)
)
)
)
)
)
)
No. 01-2249
JONATHAN W. PERRY,
Defendant
( X ) Notice is hereby given that a Default Judgment in the above-captioned matter has been
entered against you in the amount of$19,010.85 plus interest from May 30,2001, and costs, on
J/l..u'2_ '" , 20-DL.
( X )
enclosed.
A copy of all documents filed with the Prothonotary in support of the within judgment are
b~ -4~J P,7J;r~
If you have any questions regarding this Notice, please contact the filing party:
Thomas E. Reilly, Jr. Esquire
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
(This Notice is given in accordance with Pa.R.C.P. 236).
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CERTIFICATION OF ADDRESSES
I, THOMAS E. REILLY, JR., ESQUIRE, hereby certify that the precise address of the within-
named Plaintiff, National Penn Bank is Philadelphia & Reading Avenues, PO Box 547, Boyertown, PA
19512-0547 and the last known address Of the within-named Defendant, Jonathan W. Perry, is 65
Mountainview Terrace, Mountainview Terrace Mobile Home Park, Newville, P A 17241.
Thomas E. Reilly, Jr., Esquire
>,--_, ,p,', r~"J'S!"",,,,~"1"''''-''',~~'''''",,~_'':'f'4_'~ _'~^~"I'. rT,,- C^--,'r."<?"'-""';-.,_'I>"",,-~_::R'\i_'1,,,],,:._ 'f<-> ,- ,,,____,'~,,"~ ,~.,~" "-~
NON-MILITARY AFFJDA VIT
COMMONWEALTH OF PENNSYL VANIA
COUNTYOFCUMBERLAND
)
)
)
ss:
Before me, the undersigned authority, personally appeared Thomas E. Reilly, Jr., Esquire, who
being duly sworn according to law, doth depose and say that the Defendant, Jonathan W. Perry, was not
in the Military or Naval Service, based on the following facts as of the date of this affidavit:
Age of Defendant: Sui Juris
Present Place of
Employment:
Unknown
Present Place of
Service:
65 Mountainview Terrace
Mountainview Terrace Mobile Home Park
Newville, PA 17241
Thomas E. Reilly, Jr., Esquire
Sworn to and subscribed before me this
Z1{)U- day of May, 2001 A.D.
~~
Notary Public
NOTARIAL SEAL
Susan Morrison, Notary Public
Upper Macungie Twp., County of Lehigh
My Commission Expires Feb. 26, 2005
,',','"
-.,,'.,-'"
.
U,W OFFICES
IOSA HIXSON B: REILLY P.C.
'NE WINDSOR Pt.AZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, FA 18195.1014
{~HO\ 530-7500
I[
I,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL })IVISION - LAW
NATIONAL PENN BANK,
Plaintiff
)
)
)
)
)
)
)
No. 01-2249
YS.
JONATHAN W. PERRY,
Defendant
DATE OF NOTICE: May l4, 2001
TO: Jonathan W. Perry
65 Mountainview Terrace
Mountainview Terrace Mobile Home Park
Newville, PA 17241
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND, YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle,PA l70l3
(717) 249-3166
PIOSA, HIXSON & REILLY P.C.
By:
Thomas E. ReIlly, r., sq.
Attorney for Plaintiff
. Attorney 1. D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
NtlPenn/Smith/lOday
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LAW OFFICES
PIOSA HIXSON & REILLY p,C.
ONE WINDSOR PL.AZA, SUITE 101
7535 WINDSOR DRIVE
AL.L.ENTOWN, PA 18195.1014
(610) 530-7500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Plaintiff
vs.
)
)
)
)
)
)
)
Replevin Action
No. 01-2249
,
,
I JONATHAN W. PERRY
I Defendant
PRAECIPE FOR WRIT OF POSSESSION
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TO THE PROTHONOTARY: ~
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Kindly issue the Writ of Possession in the above matter;:;g
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PIOSA, HIXSON & REILLY P.C.
Thomas E. Reilly, Jr., Esquir
Attorney for Plaintiff
Attorney I. D. #41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
. - .....
LIIV.OFFlCES
PIOSA HJXfiON & REILLY P.C.
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALl.ENTOWN, PA 18195-1014
(610) 530-7500
'."->j---
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Plaintiff
vs.
)
)
)
)
)
)
)
Replevin Action
No. 01.2249
JONATHAN W. PERRY
Defendant
WRIT OF POSSESSION
Commonwealth of Pennsylvania: )
)
County of Cumberland )
To the Sheriff of Cumberland Countv:
To satisfy the Judgment for Possession in the above matter, you are directed
to deliver possession of the following described property to National Penn Bank.:
1991 Redman Mobile Home Serial Number 12221995 and located at
65 Mountainview Terrace, Mountainview Mobile Home Park, Newville,
Cumberland County, PA 17241.
Prothonotary/Clerk, Civil Div.
by:
Deputy
Seal of the Court
Date
By: Thomas E. Reilly, Jr.
Attorney for Plaintiff
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
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PIOSA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PA 18195.1014-
(610) 530-7500
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II
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL DIVISION - LAW
, NATIONAL PENN BANK,
Plaintiff
vs.
)
)
)
)
)
)
)
Replevin Action
No. 01-2249
JONATHAN W. PERRY
Defendant
PRAECIPE TO RE-ISSUE WRIT OF POSSESSION
TO THE PROTHONOTARY:
Kindly issue the Writ of Possession in the above matter.
PIOSA, HIXSON & REILLY P.C.
(
Thomas E. Reilly, r., Esquir
Attorney for Plaintiff
Attorney I. D. #41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
National Penn Bank
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-2249 Civil Term
No. Term
vs. Costs
Jonathan W. Perry Att'y. $
Pl'ff (s) $
Prothy. $
112.70
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
Cumberland
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
N.=ar;nn;:!l Ppnn Rnnk
Plaintiff (s)
being: (Premises as follows):
1991 Redman Mobile Hane Serial Number 12221995 and located at 65 Mountainview
Te=ace, Mountainview Mobil Hane Park, Newville, Cumberland County, PA 17241
1
(2) To satisfy the costs against the.defendant (s) you are directed to levy upon any property ofthe defen-
dant (s) and sell his/her (or their) interest therein.
-
(SEAL)
Curtis R. Long
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
~ ./Zrvno, e ~J?/?~-' J
. Deputy
Dale
July 25, 2001
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I caused the within named
have possession of the premises described with the appurtenances. and WRIVETURNED STAYED
AS PER ATTY, DEFT. HAS FILED BANKRUPTCY
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Docketing: $
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REFUNDED TO ATTY ON 4/~~:;\\) '. ^'~\
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Sworn and subscribed to before me this /0 ~
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So Answe~ '<. .
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Ol- dR~q
KEITH B. QUIGLEY
PRESIDENT JUDGE
COURT OF COMMON PLEAS
41st JUDICIAL DISTRICT OF PENNSYLVANIA
Juniata and Perry Counties
(717) 582-2131
P.O. Box 668
New Bloomfield, PAl 7068
March 24, 2003
Mr. Cornell Smith
#EJ0379
1600 Walters Mill road
Somerset, PA 15510
Dear Mr. Smith:
I have your recent letter which seems to indicate that you believe I have prevented you from
taking an appeal of my earlier decision.
If this is in fact what you are suggesting, that is not the case at all. You had a right to file an
appeal and you may still have. If you do decide to file an appeal you will not receive any objection from
me in doing so.
To the extent that I understood your original petition, I believe my action in dismissing same was
appropriate.
KBQ/mk
cc: Taryn Dixon, Cumberland County Court Administrator
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KEITH B. QUIGLEY
PRESIDENT nmGE
COURT OF COMMON PLEAS
4 I st JUDICIAL DISTRICT OF PENNSYLVANIA
Juniata and Perry Counties
(717) 582-2131
P.O. Box 668
New Bloomfield, P A 17068
March 24, 2003
Taryn N. Dixon, Court Administrator
Cumberland County Courthouse
One Courthouse Sq.
Carlisle, P A 17013-3387
Re: Cornell Smith v Cumberland County
Dear Ms. Dixon:
I'm enclosing correspondence I received from Cornell Smith. In reference to the matter that your
Court referred to me some time ago.
As with the earlier material from Mr. Smith I have a problem fully understanding what he is
telling me in this communication.
However, I think he thinks I prevented him from carrying an appeal from my earlier decision.
The purpose ofthis letter is to ask you to file this correspondence with Mr. Smith's file in Carlisle.
I'm also enclosing a copy of a letter that I sent directly to him in response to this.
If you or anyone else associated with the case believe that I haven't covered something that ought
to be covered please let me know and I will try to do so.
KBQ/mk
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