HomeMy WebLinkAbout01-04865IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
^ NATIONAL PENN BANK, )
Plaintiff ) No. ~~' '`~~ Q
Y CC~,vrr'
vs. )
REVENDIA M. NORRIS, ) REPLEVIN ACTION
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
PIOSA, HIXSON & REILLY, P.C.
LAW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA, $WTE 101
J535 WINDSOR DRIVE
ALLENTOWN, PA 18195-1014
1610} 5304500
_-----
By:
Thomas E. Reilly, Jr., re Y~--
Attorney for Plaintiff
Attorney L D. No. 41668
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
NATIONAL PENN BANK, )
Plaintiff )
vs. )
REVENDIA M. NORRIS, )
Defendant )
COMPLAINT IN REPLEVIN
And now, comes the Plaintiff, National Penn Bank, by and through its attorneys,
Thomas E. Reilly, Jr., and Thomas A. Capehart, Esquire, and in support of the within causes of
action avers as follows:
Plaintiff, National Penn Bank ("Bank") is a Pennsylvania banking corporation
with an office located at Philadelphia and Reading Avenues, Boyertown, Pennsylvania, 19512.
2. Defendant, Revendia M. Norris is an adult individual residing at 170 Rustic
Drive, Shippensburg, Cumberland County, Pennsylvania, 17257.
COUNT I -REPLEVIN
3. Defendant is the owner of a 1994 Pine Grove Mobile Home, Serial Number
LAW OFFICES
PIO$A HIX$oN & REILLY P.C.
ONE WINOEOP PLAZA, SUITE 101
753$ WINDSOR DRIVE
ALLENTOW N, PA 1918$-1014
(610) $30-7600
GP38738AB which is located at 170 Rustic Drive in the Country Side Village Mobile Home
Park, Shippensburg, Pennsylvania.
4. The approximate value of the mobile home is Twenty Thousand Seven Hundred
Fifteen Dollars ($20,715.00).
5. On August 30, 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's obligations to make payments toward the Contract under which
Defendant agreed to pay the Bank One Hundred Eighty (180) monthly installments of Three
Hundred Eighty-seven Dollars and Seventeen Cents ($387.17) beginning October 8, 1999.
8. Defendant has defaulted under the terms of the Contract by failing to pay the
Bank monthly installments since May 8, 2001.
9. Given Defendant's default under the Contract, on or about June 4, 2001, the
LAW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE WINOEOR PLAZA, SUITE 101
7535 WINOSOF DFIVE
AuErviOwrv, PA 18195-1014
(6101530-]500
Bank sent a Notice of Intention to Commence Legal Action and Repossess Mobile Home to the
Defendants by certified mail informing the Defendant of the default and the Defendant's rights
and obligations to the Bank. A true and correct copy of such notice is attached hereto as
Exhibit "C" and incorporated herein by reference.
10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices
Act, 15 U.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 of Intention 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 $29,794.10
Interest to 8/05/01 1,238.50
Late Fees Due 23.12
TOTAL $31.055.72
WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be
LAW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA. SUITE 101
]535 WmOsOR DRIVE
AuerviOwN, PA 18195-1014
(6107 530-]500
entered in its favor and against Defendant, Revendia M. Norris, in replevin for possession and
delivery of the Mobile Home; plus interest, reasonable attorney's fees, costs, and costs of
collection and any and all other relief which the Court deems just and appropriate.
COUNT II -BREACH OF CONTRACT
15. Plaintiff incorporates by reference Pazagraphs 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 May 8, 2001.
WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and
against the Defendant, Revendia M. Norris, in the amount of $31,055.72 plus per diem interest
from August 5, 2001 until the debt is satisfied, reasonable attorneys fees, costs and costs of
collection as authorized under the Contract.
PIOSA, HIXSON & REILLY, P.C.
~-
Tho~eilly, Jr., Es~ir~e
Attorney for National e~P'nn-Banl~
Attorney I.D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
LPW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA, SUITE 101
]535 WINDSOR DRIVE
ALLENTOWN. PA 18195-1014
(610) 530-]500
Thomas A. Capehart,.}~`squire
Attorney for National Penn Bank
Attorney I.D. No. 57440
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
VERIFICATIQJN
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 t
Dated: ~ ~~ aCX~ ~
~~~~ ~7r~
MOBILE HOME ~, 4L
INSTALLMENT SALE CONTRACT
(W ITHOUY HEAL ESTATE)
,~ Dated: AUGUST 30, 1999
t. PARTIES: In this Contract we are the Seller COUNTRY SIDF. VILLAGE ROMES, INC.
31 (iALNUT DOTTOM RD SHIPPENSBURG, PA 17257
A tlress
You are the Buyer(s); NIq~~REVE.NDIA M. NORRIS
170 RUSTIC DR,m~OUNTRY SIDE VILLAGE, Sf1IPPENSRURG, PA 17257
Address (Where Mobile Ilome is to be placed)
2. JOINT AND SEVERAL OBLIGATION: If there are more Than one Buyer and/or one or more Co-Signers, each of you shall be liable,
separately and together, to pay all scans you owe and to perlorm all your promises in this ConUact.
3. CO-SIGNER: Any person signing the Co-Signer's Agreement below promises, separately and together, wish Buyer and all outer
Co-Signer(s), to pay all sums awing to us and to penorm all agreements In This Contract as and when Iltey come due.
q. CO-OWNER: Any parson wills an ownership iltlerest in the Mobile Home aignl,tg the Co-Owner's Security Agreement below gives us
a lien and security interest in the Mobile I-lone and agrees to perlorm ail promises in the Security Agreement.
5: ITEMIZATION OF AMOUNT FINANCED:
(1) Cash Price Including Sales/Luxury Tax ~ -. $ 34, 500.00
(2) a. Cash Downpaymenl $ 4,000.00 ~ _
b. Nel Trade-in - + $- n.nn
c. Total Oownpayment (2a+2b) $ 4,000.00
(3) Unpaid Cash Price Balance (t - 2.c) - _~ $ 30, 500.00 -
(q) To Credit Insurance Company _ + $ 0.00 "
(5) To Propetly Insurance Company - + $ 377.00
(6) a. License, Tags and Registration - $ 22.50
b. Lien Fee + $ 5.00
c. TQlal to Public ORicials (6a + 6b) ~ - + $ .27.50
(7) To - - + $ 0.00
(8) To + $ 0.00
(9) Artlounl Financed ((3) + (q) + (5) + (6)c + (7) + (8)) = $30,904.50
"We may retain a potlion of (his amount.
6. DISCLOSURES REDUIRED BY FEDERAL TAW.
ANNUAL PERCENTAGE RATE
( The cost of your credit as a yearly rate. 12.7 50
FINANCE CHARGE $
38, 786. I0
Tha dollar amount the credit will cost you.
Amount Financed $
The amount of credit provided to you or on your behalf. 30, 904.50
Total of Payments $
The amount you will have paid after you have made all scheduled payments. 69 , 690.60
Total Sale Price $
The total cost of your purchase on credit, iltcluding your downpayment of $ 4, 000.00 73, 690.60
Your Payment Schedule will be:
Number of Payments Amount of Payments When Payments Are Due
180 $387.17 Monthly, beginning
OCTOBER B
1
,
999
Security: You are giving a security interest in the properly being purchased.
Prepayment: II you pay oil early, you will not have to pay a penalty.
Filiny Fees: $ 27.50
Late Charge: 11 a pavmant is mote than t0 days late, you wiN be charged 2% o11fie potlion which is late for each month or pan of
a month greater than 10 days that it remains unpaid.
Assumption: Someone buying your mobile home cannot assume the remainder of Iha Conlracl on the original terms.
See below and your other Contract documents for any additional information about nonpayment, delaull, any required repayment in
full before the scheduleU date and prepayment refunds and panellise.
e means an estimate
IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS YOU MAY LOSE ALL TIIE PROPERTY THAT YOU BOUGHT WIIFI TFIIS
CONTRACT, ANU MONEY IN YOUR ACCOUNT WITIi THE ASSIGNEE.
7. TEAMS: The Terms shown in the boxes above are pan of Ihis Conlracl. EXH~B~T
B. THE MOBILE HOME: Under the terms of this Contrail, you agree to purchase from us the following mobile (tome,
lumilure, equipment and {ixWres (all of which is called the'Mobile Home in this Conlracl): 8
N/U Year/Manuleclurer
U 1994/ PINE GROVE
Equipped with:
Lenglh/Width Color/Model Serial Number
44 / 24 LT GREEN/ 710 GP 38736 A/-
uAn
g. TOADE-IN: You have traded-in the following mobile home:
$ -$ '$
Year(Make Series Grass Allowance Still Owing Nat Trade-In
We will pay what is Still Owing on your behalf. You warrant that no other liens or security interests exist in the mobile homo you era
Trading-In.
10. PROPERTY INSURANCE IS REQUIRED: You are required 10 obtain and maintain in eQeG physical damage, comprehensive and
fire and theft insurance on the Mobile Home as provided in Item 22 on the next page. You may obtain such insurance Ihmuyh any
person of your choice. II you obtain properly Insurance through the Seller, the total premium costs for the insurance for Iha Tenns
Indicated below is included in the Amount Financed of this Contract as paid To Propedy Insurance Company.
Mobile Flome $ Term lmonlhs; -Fire rind Then $ Term _monllts;
Pltysicai Damage Insurance
Comprehensive on $ Term -months; $ Term -months;
Mobile Home
11. CREDIT INSURANCE IS NOT REQUIRED: Optional Credit Lila Insurance Is available Through the Seller for the farm Indirated
below. Suclt Insurance is not required to obtain credit and will not he provided unless you sign below end agree to pay the adrlilioltal
chef, which is included in the Amount Financed of this Coniracl. Please read the NOTICE OF PROPOSED CAEDIT INSURANCE below.
Your insurance ceiiilicale will Zell you the maximum amount of insurance coverage provided to you.
Term of Credit Insurance Coverage: N/A months. Coverage will terminate prior to the scheduled maturity date of this Contract.
By signing, you desire Single What is
Credit Lile Insurance, your age?
which cases $ N ( A
N/A N/A
Signature of Buyer or Co-Signer fo be
insured for Single Credit Lile Insurance
By signing, you desire Joint ~ What is What is
Gredit Life Insurance, N/A your age? your age?
which costs $
x N(A N(A x N/A N/n
Siynahaes o(belh Buyers and(or Co-Signers to be insured for Joint Credit Lila Insurance
Insuren N/A
NOTICE OF PROPOSED CREDtt INSURANCE
The signer(s) of this Contract hereby take(s) notice that Group Credit Lite Insurance coverage will be applicable to this Coniracl it so
marked above, and the coverage will be written by the insurance company named. This inaaanca, subject to acceptance by Iha
Insurance company, covers only the person or persons signing the request for such insurance. The amount of charge is indicated
for the Credit Insurance lobe purchased. The term of insurance will commence as el the date the indebtedness is incurred and will
expire al Iha end of the term indicated above. Subject to acceptance by the insurer and within 30 days there will be delivered to the
insured doblor(s) a cenificate of insurance more fully describing the insurance. In the even) of prepayment of Iha indebtednoss, a
refimd of insurance charges will ba matle when due:
12. ASSIGNMENT OF CONTRACT: Vou may not assign this Contract. Tha Seller may assign This Coniracl and the person to whom Ilte
Seller assigns it may reassign N. Any person 5o whom we assign this Coniracl or to whom h is reassigned is coiled Ihe'Assignoe' Ailer
any assiynmenl, all rights and benefits of the Seller in This Contract shall belong to and maybe enfoiced by the Assignee. AI Ilte lime of
signing This Coniracl, the Assignee is intended to be National Penn Bank, Philadelphia d Reading Avenues, Boyenown,'PA 19512.
13. PROMISE TO PAY: You promise to pay us the Total Sale Price for the Mobile Home by making the Total Downpaymenl and paying
us Iho Mnounl Financed plus finance Charges as provided in the Payment Schedule. Payments are due on or before Iho same day of
each month as lha first paymert due date. You agree to pay all other amounts which may hecome due under {he terms of tltis Conlfacl.
you agree to make payments al the address which we moss recently specity in a written notice to you.
IA. SECURITY AGREEMENT: To secure the payment of all sums you owe and the performance of all your obligations under This
Contract, you give us a lien and security interest in the Mobile Home, in any pads tcalled "accessions? attached to Iha Mob1e Home at
any later Inne, and in arty proceeds of the Mobile Home, including insurance proceeds. We waive the right to (real any property other
than Iha Mobile I tome and its proceeds as security for repayment or This Coniracl. However, on Default, the Assignee, may exercise its
le'gai right of set-oil andapply any of your money now or later on deposit with the Assignee against the amounts due and unpaid under
This Conliact. This includes any money which is now or may in the future be deposilod with such Assignee by you. Assiynee may do This
without any prior notice to you.
15.IIOW THE TOTAL OF PAYMENTS IS COMPUTED: The Total of Payments in Item 6 is the sum of the Amount Financed and the
Finance Charye computed on the assumption That we receive all payments on their scheduled due dates. Tha finance Charge is
computed daily by applying the race (equal to the Annual Percentage Rale divided by 365 or 366) to the outstanding balance of the
Amount financed. Because Finance Charge is computed on a daily basis, late payments wilLresult in more Finance Charye (and, if
applicable, a late charge). Early payments will result in less Finance Charge. Early and(or Tale payments will cause the amourU or the
final payment to change. -
16. LATE CFIARGE: Vou agree to pay a Ia1e charge for any payment not received by us within 10 days aver its due date. The tale
charge will be 2 < per month or any pan of a month In arcess of 10 days of the unpaid amount of the payment. Tho late charge wi!I be
due when imposed.
17. PREPAYMENT: You may prepay, in lull of in pad, the amount owing on This Contrail al any lima without penalty. If you prepay the
Conhaq in pad, you agree to continue io make regularly scheduled monthly payments until you pay all amounts you owe under this
Contract.
18. WAIVERS BY YOU: You promise to make all payments on or before They coma due without cur having to ask. You give up any
riyhLyou may have to require That we enforce our rights against some other person or properly before we enforce our rights against you.
You ayreo Il+al we may give up our rights against some ollter person but not against you. You waive due diligence In collection and all
defenses based on sumtyship and impaimrant of collalerat.
19. FINANCE CHARGE AFTER MATURITY AND JUDGMENT: Finance Charge at the role provided In This Contract shall continue to bo
cornpuled daily on Ilte unpaid balance until we receive payment in lull, even aaer acceleration or maturity, or even altar we obtain a
'yuJyrnwx against you for the amounts you owe.
20. OUR SECURITY INTEREST: You will not permit anyone other than us to oblaln a security interest or other rights in Iho Mobile
I tome. Vou will pay ail tiling lees necessary far us to obtain and maintain our security interest in the Mobile hlome. Vou will assist us in
having nur security interest noted on the Cenilicale of Title Io the Mobile Homa. You will not sell or give away iha Mobile Plome. I(
someone obtains a lien on Ihs Mobile Vlome, you will pay the obligation and satisfy the lien.
21. YOUR OBLIGATIONS REr. .DING THE MOBILE HOME: You will leap Ihr, ..~obile Home in good contlilion and repair. You will
pay any and all taxes and charges on the Mobile I tome and promptly provide proo/ of payment if we reyuiB. You will pay all costs of
maintaining the Mobile Home. You will not abuse the Mobile f lone or peitnil anything to be done to Ute Mobile I'lome Thal will reduce its
value, other than for normal wear and use. You wi6 not use the Mobile Home for illegal purposes of for hire or lease. You will not movo
the Mobile dome Irom your address shown on the Iron) of this Cbnlraci to a new permanent place without notifying us in advance. You
will permit us to inspect the Mobile Home at any reasonable lima. You agree that the Mobile floma will, at all times unlit This Conttaa is
paid in full, remain personal properly. You agree to place the Mobile Home in such a way That it can he removed without substantially
damaging or Impairing its value. If the Mobiis Home will ba placed on premises you are leasing, you agree to attain a Landlord's Waiver
salislaclory to us. The Landlord's Waiver must permit us to enter on the premises and to repossess and remove Ilre Mobile dome, every
it you are in delault of your lease. You agree that you must perform your promises under this Contract even it the Mobile Home is lost,
damaged or destroyed.
22. INSURANCE REgU1REMENTS: You must keep the Mobile Home Insured against lire, thek or other hazards against which owners
customarily insure mobile homes until all sums owed to us are paid In lull. The insrlranca coverage must be satisfactory to us and protect
your imarests and our interests al Iha time of any Insured loss. The insurance must name us ea'losa-payee' on the policy and must ba
written Try an insurance company qualified to do business in Pennsylvania and licensed to sell insurance in lire slate where itre Mobile
Home is permanently kept. The insurance policy must provide us wish at least 10 days' prior written notice of cancellation or reduction in
coverago for any reason. On request, you shall deliver the policy or other evidence of insurance coverage to us. In the event of any loss
or damage to the Motile Horne, you will immediately notify us in writing and file a proof of loss wilt the insurer. We may file a proof of
loss un your tehall it you tail or refuse to do so. We may endorse your name to any check, draft or other inslrmnent we receive in
payment of an insured lass. We may allow you to apply any insurance proceeds we receive to repair or replace Iha Mobile Home ii, in
our opinion, it is economically leasihle and you are not then in delault under Ihis Conlracl. Otherwise, we will apply the insurance
proceeds to reduce Iha unpaid balance awed to us.
23. PROPERTY INSURANCE THE SELLER CONTRACTS TO RUY A7 YOUR EXPENSE: II you prepay this Contract in lull prior to the
expiration date of any physical damage, comprehensive and/or lire and Ihek insurance you purchased in connection wish the Conlraq
through lire Seller, such insurance shall remain in force unless you request cancellation. If, prior to expiration, such insurance is
cancelled Ilrrougfi no fault of yours, we shall place comparable insurance with another insurance company. II we are unable to obtain
such Insurance, we shall notify you and reimburse you tar any additional casts you incur kt obtaining replacement insurance for the
unexpired period for which the original insurance was written.
24. OUR RIGHTS: If you fail Ie pay tiling fees, taxes, liens or the costs necessary to keep the Mobile Home in good wndllion and repair,
we may advance any money you promised to pay. If you fail to keep required property insurance in eHecl we may advance money to
obtain subsfitule insurance to cover loss a damage to the Mobile Homa. Wa do rrot have to advance any rnoney for These purposes.
Substitute insurance we obtain will be limited to an amount not greater than what you owe on this Contract. We will add any money we
advance on your behalf to Iha halance on which we impose Finance Charges at Iha Annual Percerrtage Rate of This Conlracl. You ayree
to repay the money wa advance as we alone may specify, either immediately on our demand, or along wish your monthly payments. If
wa choose to allow you fo repay the money advanced along with your monthly payments, we can choose the amount of these payments
and how lohg you have to repay. Our payments on your behalf will not cure your failure to perform your promises in Ihis Conlracl.
Sections 21, 22 and 23 and odr rights under Ihis Section 24 shall not merge with any judgment entered in any legal action and shall apply
until all amounts you owe are paid in full.
25. DEFAULT: In Ihis paragraph you means the Buyer, Co~Signer and Co-Owner, or any one or more of you. You will be in "Default' of
this Conlracl if any one or more of the following Things happen:
a. You do not make any payment on or before the dale it comes due;
b. You do not keep any promise you made in this Conlracl;
c. You do not keep any promise you made in any other note or agreement with us;
d. You made any umrue statement in the credit application for this Contract;
e. You provide a false signature in connection with this Conlracl;
f. You die, are convicted of a crime Involving fraud or dishonesty, or are declared legally incapacilaled;
g. Bankruptcy or insolvency proceedings are begun by or against you;
h. Without obtaining our prior written consent, you permanently move the Mobile Home loan address outside the state where it was
to be placed as provided by your name in Item 1;
i. You atusa the Motile Homa or use it in a way that causes it not to be covered by your required insurance;
j. You do something that causes the Mobile Home to be subject Ie confiscation by government authorities;
k. Tiro Mohile Ilome is lost, stolen, destroyed or damaged beyond economical repair, as determined by your insurance company,
and not fixed or found within a reasonable time; or
I. Another creditor Tries to lake the Mobile Home by legal process.
26. OUR RIGHTS IF YOU ARE IN DEFAULT: II you are in Default, we may enforce our rights according to law, alter we have given you
any applicable notice and/or riglrl to cure that may than he required by law. We will advise you how and willrin what period or time you
may cure the Default. We may also do the things specifically mentioned In this Conlracl. We may do one of these Things and al the same
time or later do another. 11 available to you and you do not timely exercise your right to cure, among other things we may do the
following:
a. ACCELERATION: We can demand that you immediarely pay to us the entire unpaitl balance owing on the Conlracl and all
unpaid Finance Charges and other sums due. You agree to pay our costs of suit and our reasonable anorneys' fees as permieed by law
it we hire an attorney to collect amouNS owed under Ihis Conrad or to protect or oUlain possession of the Mobilo Home.
h. REPOSSESSION: We can repossess the Mohile Home, unless prohibited by law. We can do this ourselves, have a licensed
repossessor do i1 for us, or have a government official do it by legal process. Yeu agree That we can peaceably come onto your propeny
to do Ihis. Ws may take any other articles found in the Mobile Home, but will return these articles to you If you ask. If you want these
articles back, you must request Iham in a letter sent to us by certified or registered mail within 4B hours. If you do not send us this letter,
you give up any claim to These anicles.
c. VOLUNTARY DELIVERY: We can require you to return Ilre Mobile Home to us al a reasonably convenient place. You agree to
deliver Ilre Mobile I'lome Io us if we ask.
cl. DELAV IN ENFORCEMENT: We can delay in enforcing our rights under Ihis Contract without lasing them.
27. YOUR RIGHTS IF WE REPOSSESS THE MOBILE HOME: 11 we repossess witlroul legal rirocess:
a. NOTICE: We will immediately deliver or mail to you, by registered or certified mail, a Notice of Repossession to your lass address
shown on our records. This Notice will tell you Irow to buy back (redeem) the Mobile Home. This Nolica will tell you ether information
required by law. ~ '
h. CURE: You :rill have the nigh: !o core year Default a: ary lime hefo;s we laedully trens!e: title to .he ".^,obilo I'lome from you. If
you cute your Default, file Contract will remain in effect as though the Delaull had not occurred.
c. REDEMPTION: You have the right to buy hack (redeem) the Mohile Home before we lawfully Iransler tills of the Mobile Home
Irom you to another pereon.
d. SALE: It you do not crxe your De(autt or redeem, we will sell the Mobile Home. The money we receive witl first he used to pay
our actual, necessary and reasonable costs and expenses as permined bylaw, and then to pay the amount you owe on Ihis Contract.
e. SURPLUS OFl DEFICIENCY: It (here is money tell aker the sale, we will pay it fo any Buyer. If not enough money is felt Irom Ilre
sale to pay what you owe, Buyer and Co-Signer agree to pay the amount still awed Ic us.
1. EXPENSES: We have the right to charge you and you agree to pay our actual, necessary and reasonable costs of repossessing,
detaching, Iranspoding, storing, repairing, preparing for sale and selling the Mobile Home that are allowed by law.
28. HEIRS AND PERSONAL REPRESENTATIVES BOUND: After your death, Ihis Conlracl shall be enlorceahle against your estate and
yom heirs and personal representatives.
29. GOVERNING TAW: This Contract is to he governed by and inlerprelad according to the laws of Pennsylvania.
3g. SEVERABILITV OF PROVISIONS: If for any reason any term of this Conlracl is Uelennined to be void or unen/orceahle, Thal term
shall not be part of this Contract.
31. NO WARRANTIES: TI IERE ARE NO WARRANTIES BY SELLER, EXPRESS OR IMPLIED, INCLUDING TI1E WARRANTIES OF
MERCIIANTABILITY ANO FITNESS FOR A PARTICULAR PURPOSE, OR OTIIERWISE, UNLESS SELLER I1A5 GIVEN YOU A
SEPARATE WRITTEN WARRANTY.
NOTICE -ANY HOLDEq OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WgrCll THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF OOODS OR SERVICES OBTAINED PVRSUANTHERETO OR WITH TIIE
PROCEEUS HEREOF, RECOVERY HEREUNDER BV THE DEBTOR SHALL NOT E%CEEO AMOUNTS PAID BY TIIE UEBTOR
HEREUNDER.
NOTICE TO BUYER - DO NOT SIGN TFIIS
By signing below, we agree to sell the Mobile Home CONTRACT IN BLANK. YOU ARE ENT(-PLED
to you under the terms or this Conrad. TO AN EXACT COPY OF THE CONTRACT YOU
SIGN. KEEP IT TO PROTECT YOUR LEGAL
RIGHTS.
SEL y SIDE VILLAGE HOMES, INC. BUYER REVETIDIA M. NORRIS
® ~ (SEAL) ~~~~(u~SEAL)
Dale (SEAL)
CO-SIGNER'S AGREEMENT: YOU SHOULD READ ThIE NOTICE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A
SEPARATE DOCUMENT, BEFORE SIGNING THIS AGREEMENT. You, the person (or personsl signing as'Co-Signer' below, promise
to pay to us all sums owed on This Contract and to perform all agreements in this Contract as andd when They come due. You intend to Ue
legally bound by all the terms of This Contract, separately and toQether, w(Ih each other and the Buyer. You are making This promise to
inLluco us to Dolor into tilts Contract with tl7e Buyer, even though the proceeds will only be used ror the Buyer's benelil. You agree to pay
even tllouglt we may not have made any prior demaltd for payment on the Buyer or exercised our security inleresl in lire Mobile hlonle.
(SEAL)
Co-Signer's Siynature
(SEAL)
Co-Signet s Signature
CO-OWNER'S SECURITY AGREEMENT: You, the person signing as'Co-Owner' below, together with the Buyer or otherwise being all
of the Owners of the Mobile Homa, Qive us a Ilan and security Interest In the Mobile Home. You Intend to be legally bound by the terms
or This Contract other than Iha Promise To Pay. You are giving us This Security inleresl to Induce us to enter into This Conlracl wish the
Ruyer and to secure the payment and performance by the Buyer o(all sums owing on This Contract. You will not be responsible for any
Bunts Iltal might still Ue owing on This Conlracl if, agar Default, we repossess and sell Ilse Mobile Homa.
(SEAL)
Co-Owner s Signature Address Uate
DUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE
T , F SIGN'I/yN~~1G,-'may//
® BU R p~ ,r;V~NpIA' M NORRI~~ BUYER
TIIE ASSIGNMENT BELOW IS NOT PART OF THE MOBILE HOME INSTALLMENT SALE CONTRACT BETWEEN THE BUYER ANO
SELLER.
ASSIGNMENT
To Induce you, National Penn Bank, the "Assignee' identified in Item 12 0l this Conlmcl, to purrhese Iha within ConVecl, the Seller hereby
wnvnnls and represents, and continues to warrant anA represent That: the sale was made n strict conlamtily with all applicable laderal, stole anJ local
laws and regulations, including, but not limned In, Arede 2 0l the Pennsylvania Uniform Commercial Coda (13 PA GS.A. ~~2101, el. seq.); our title to
the Conlmcl and the Mobile Ilome covered thereby Is absolute, Tree of ell liens, encumbrances antl security Inleresls, end Is sublecl only to the dyltls
of the Lluyer as Bel IodO (herein; the Conlracl is genuine, the signatures thereon are of the p¢rsons they purport to be, arose Irom Ibe sole of the Mubil¢
I Ivme therein desaihed, and all parties thereto are of lull age and had capacity to conlrad; the description of the Mobile Ilome and exba equipment is
cmnplele and correct; the cash downpaymenl and/or Irade~in allowance were actually received end no pad ihereol consisted of notes, poll-Haled
checks, ether credit advanced by us to Buyer or rebates or similar payments bom us to Sayer (however, manulecNrer's rebates may canslilule oil or a
pad of the downpaymenQ; all warranties and slalemenls therein era true; (here is awing thereon the Amoupi Financed plus Finance Charge al Iha
Annual Percentage Raie of the Conlracl Bel lorlh therein: we are duly licensed under Iha Pennsylvania Mvlor V¢hide Sales Finance Acl (G9 P.S. X601
et. seq.), and have duly complied with all requirements iheravl with respect fo the transaction end with the Federal Truth-ImLending Act and with any
other laderal or stale law, rule or regulation applicable to Iltls Canlrecl; a cedigcale of title to the Moblle Home showing a li¢n or encumbrance in favor
of the Assignee tree been or will be applied for promptly; and Seller has no knowledge of lacls Impairing the validity or value of Ille Conlracl. II arty
such wmranlies or rePresenlalions should be breached al any lime, Seller shall repurchase said Canlrecl Irom Assignee, on demand, and will pay
Iherelnr, in cash, the amount owing (hereon, computed es set lotlit below, and Bald remedy shall 6e cumulative end not exclusive, end shall not ailed
any other right or remedy that Assignee might have el law or in equity against Sallee In the event (het Buyer or Co-Signer tails or refuses to mnke any
payment due on the Conlracl an the assertion, either oral or written, Ihel the Mobile Home Is tlelaclive, not as represented to the Ruyer by Seller, m
thnl Seller refuses 1o honor any warranty or service agreement of Seller or manulecfureq Seller agrees Thal, on being advised by Assignee of such
claim of Buyer or Co~Signer, Seller will repurchase the Contract from Assignee end pay Assignee Iherelare Irnmedialely In accordance wish Ibe
repurchase terms set lorlh below, end Seller lurlher agrees to hold Assignee harmless Irom any other claims vl Buyer, including attorney's lees, costs
and expenses incurred In defending against claims asseded by Buyer and Including Balms for reland of payments made by Buyer to Seller or
Assignco. Ry delivering this Conlracl to Assignee and accepting payment for il, Boller eulhorixes Assignee Io sign Seller's name Iv this Assignment,
witlwut mcourse, S the Assignment has been delivered without Seller's signalme.
In Ihs even) that Seller is required by This Assignment Io repurchase the Conlracl and/or Mobile Home, Seller shall pay to Assignee, in cash,
the lull unpaid balance vl the Conlmcl as of the date of repurchase, plus any then earned Finance Charge, end any and all costs antl expenses paid or
incurred by Assignee in respect thereto, including reasonable attorney's'lees, In canneclion with Balms by ar against any Buyer, Co~Bigner or
Co-Owner or arty person in possession of the Mobile Fbme and Jm by or against Seller.
for value received. Seller hereby sells, assigns and Iranslers unioAssignee, ire successors and assigns, the within Conbacl, all moneys due
and iv become due I%ian:unaer, and alt right, (ilia antl iulere:.t In anJ to the Moblle Home literein doscribed, wish lull power in itsslynee in its m our
name to take such legal or other action which we might have taken save for thia Assignment. Unless Seller Inllials either of Iha enrlorsemenls below,
IUled "WIT( I FULL RECOURSE" or "WITH REPURCHASE;' Seller's assignment shat{, except lot the ptov4siona of the paragraph filled "Assignment; be
WI I I (OUT RECOURSE.
WI fl l FULL RECUURSE -Seller agrees Ihal In addihon to the paragraph above tilled "ASSlgnmenl,' in Iha even) of default by Ilte Buyer In
Iho Ivll payment nn the due date Ihereol of any Installment pryabld under the Conlracl or In the prompt performance of any other
obligation to be perlarmetl under Ibe Conlracl by Buyer, Seller will, on demand by Assignee, IonhwiUt reptuchase the Canuacl iwm
Assignee tar a repurchase price, In cash, computed as Bel lodh above,
WITI1 REPURCHASE -Seller agrees Iltel, In addillon to Iha pravislons of the paragraph above lilled'Assignmenl," in the avant of any Jelauli
by Buyer wldch shall entitle Assignee Iv repossess the Moblle Home, Seller will, II the Moblle Home Is repossessed by Assignee mttl
dnlivemd In Seller, and without regard Ib the Then cvntlltion vl the Moblle Home, Iorlhwilh repurchase the Conhecl and the Mobile I Ivme
hour Assignee lot a tepwctidse price, in cash, computed es set Iorih above.
Ry sigMn to we agree tv t/hJe~terms of the Assignment. ~/~~l~'
~v CERTIFICATE OF TITLE FOR A VEHICLE
. _ _.
~f, 816
OOfly60g13DD187U-001
GP3873$AB I ' L9~4~ PINE GROV£
VEHICLE IDENTIFICARON NUMBE0. YEAR MAKE OE VEroOLE
MH I D~ I I 3/OSIOgI
900V TYPE DUP SEAT CAP PRIOR TITLE STATE ODOM. PROCD. DPTE
ulv4/93 ` . 3/oeloo I ~ 2a,abal
DATE FA TTLED DATE OF ISSUE UNLADEN WEIGHT GVWR
4R306B132D2. NO
TtTLE NUMBED
EXEMPT 4
ODOM. MILES 11`` ODOM_STANS
GCWR 1 TIRE ERANDE
gDOM;ETER DISCLOSURE £7~~,Itfe'iTof~~ FEDERAL LAW
REGISTERED OWNER(S) D'W - . '~y{' _
R£VENDIA M NDRRISi.,~`~~°u `"'"'" ~r,R.anPl:nunr,,?'~is,
17D RUSTIC DR
SHIPPENSBURG PA 17257 "
FIRST LIEN FAVOR OF:
SECOND LIEN FAVOR OF:
NATIONAL PENN BANK
FRST LIEN
BY
AUTHORIZED REPRESENTATIVE
AINLING ADDRESS
ODOMETER STAN6
o =ACTUAL MILEAGE
1 =MILEAGE E%LEEOS THE MECAMIILPl
LIMITa
2 = NOT TXE ALTWL MIIFAGE
3 =NOT THE ACTUAL MItFA[IEOLOMETER
TAMPERING VERIFlEO
<= E%EMPT ERQ4 OOOMEiER OIYLMJJRE
A = ANiIOUE VEMILLE
G = CLg551L VEHKLE
0 =COLLECTIBLE VENILIF
F = OUT OF CGUN1gV
G = GRIGINALLY MFGG. FGR rQNU.E
OIBTPIBURON
N = gGRICULTURAL VENKIE
L =LOGGING vEHILLE
P = ISM1Vge A PWJLE VEWLLE
R = RECONStRUCIFA
S = aTgEET POO
T = RECOVENEO THEFr VEHICLE
V = VEHICLE CONTAINS REIBEUEO VIN
W = FIApO VENICIE
n e zewntl ilennowar is rstetl upon sellslacuon M IM nrst nm, Ta~fW
lianhdtler must IoM^alE 0is Til1a to ilia Bureau oL Motor Vellitlq rdtll Ma
' appropnaLa mrm eld Ise.
NATIONAL PENN BANK
PNIALDELPHI.A E READING
80YERTOWN PA 195L2
I mn as pt INe tlale W Issue. III6 Wlllral ramltle of Ne Pennsylvania Oepamnenl
apaMXen rattan IM1at Ne peRpl(s) or cwnpeny nalnetl M1enln is Ne IawlUl awtMr
a uM aaa Yaude.
SUBSCRIBED ANO SWORN
TO BEFORE ME
SECOND UEN RELEASED
DATE -
BY
AUTHORIZED REPREEENTATIVE
jrt14D.
si ~ r -~
^°' BRADLEY' L tl~CCL~URY
SecreWy of Treraaporugov'~.
It a copurchader otlier than youi spouse fs Iis1aD ehtl yogi waht Mb title to
be 7irlEtl as °JOIm Tenants Wllh R1ght Gt Survrvorship• (On dBetll GI Gne
owner, title goes to surviving owner.) CHECK HEFIE O. OtFlamiaa, dIa tltle
will be issulttl as Tenants in Common" (On death o/ Gne owneL mtlaest M
deceasatl LWi18i goes to hiSlhar heirs or estate). I~'~
tBT LIEN DATE: ~ IF NO LIEN, GiEL1( 1 '
IBi LIENHOLOER
'M +mws'gNi nenPY w aPyu r GaMeYe ol'Tge I M rM[K feaCnpea
aaM. s.apC to Pe encmwarcp an aM~ aqN [Wmr M IcM Mrc.
EIGNPtUPE OG PPRICPNi OR FVTIOPISEO EIGHSP
S~GNAiURE OF C0~<PyyGANfTnLE OG lUiMpaRE051pNER
STREET
aTy
FINANCIAL INSTRUTIDN NUMBER
2ND UEN GATE
2ND UENHOLDER
clTr
uBu
STATE LP
IF NO UEN. CHECIt
nP
~El\1\ L~\ll
Part of the Natiorwl Penn Family
Member FDIC ~ Equal Opportunity Lentler
CERTIFIED MAIL
TO: Revendia M. Norris Notice Date: June 4, 2001
170 Rustic Drive Country Side Village
Shippensburg, PA 17257
Acct. #362461077467
NOTICE OF INTENTION TO COMMENCE LEGAL ACTION
AND REPOSSESS MOBILE HOME
Also part of the National Penn /amity
Elverson National Bank
1st Main une Bank
Chesfiut Hili National Bank
National Asian Bank
investors Trust Company
ink Financial Services, inc.
National Penn Mortgage Company
You are currently indebted to National Petm Bank (the "Bank") pursuant to an
Installment Sale Agreement dated August 30, 1999 between the Bank and you with regard
to your 1994 Pine Grove, Vehicle Identification Number GP38738AB. The Installment
Sale Agreement IS 1N SERIOUS DEFAULT because the payments due since May 8,
2001 have not been paid. The total amount now required to care this default, or in other
words get caught up in your payments, as of the date of this letter, is $389.72.
You may cure this default within THIRTY (30) DAYS of the date of this letter
by paying to the Bank the above amount of $389.72, 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. I{.istner
(610) 369-6585
If you do not cure the default within THIRTY (30) DAYS, the Bank intends to
exercise its right to accelerate the Installment Sale Agreement and will instruct its
Attorneys to commence a legal action to take possession of the Mobile Home.
At the end of the thirty (30) day period, if you wish to care the default, you will also
be required to pay reasonable fees actually incurred by the Bank prior to commencing a
legal action to take possession of the Mobile Home, including, but not limited to reasonable
attorney's fees and costs, up to an amount of Fifty Dollars (550.00).
Philatlelphia & Reatling gvenues, fl0. Box 547, Boyertown, PA 19512 •
EXHIBIT
nCrr
• www.natcennbank.com Nwcri~n e,,..,n.a _ w~oor
Revendia M. Norris
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 achially incurred by the Bank,
including, but not limited to reasonable attomey's fees and costs, even if they are over Fifty
Dollars ($50.00).
The Bank may also sue you personally for the unpaid principal balance and all other
sums due under the Installment Sale Agreement. If you have not cured the default within
the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have
the right to cure the default at any time before the title to the Mobile Home is lawfully
transferred from you, which shall be no sooner than Forty-Five (45) days after your
receipt of this Notice. You may do so by:
(a) paying all amounts which would have been due if you had not defaulted
and the Bank had not accelerated the Installment Sale Agreement;
(b) perform any other obligation which was required of you under the
Installment Sale Agreement;
(c) paying reasonable fees actually incurred by the Bank in taking
possession of the Mobile Home, including, but not limited to reasonable attorney's fees and
costs;
(d) paying any late fees or penalties as set forth in the Installment Sale
Agreement; and
(e) paying any cost incurred by the Bank in detaching and transporting the
Mobile Home to the site of the sale.
Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling the Bank
at the telephone number of the person listed above. This payment must be in cash, cashier's
check or certified check.
You should realize that a sale or transfer of title to the Mobile Home will end your
ownership of the Mobile Home.
Revendia M. Norris
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.
NATIONfAL PENN BAN,K~--~
Richard M. Kistner
Special Loans Adjustor
. ,
PIOSA HIXSON & REILLY
MIQ-yq~~ I, pipSA ONE WINDSOR PLAZA, SUITE 101
BOYD G. HD(SON 7535 WINDSOR DRIVE
THOMAS E. REILLY, IR ALLENTOWN, PENNSYLVANIA 18195-1014
THOMAS A CAPEI7ART _
TEL: (610)530.7500
PAX: (610)530-8190
TO: Revendia M. Norris:
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 $31,055.72 as of August 5, 2001.
Country Side Village Homes, Inc., is the original creditor for this debt.
You have thirty (30) days from the date of this Notice to dispute the validity of this
debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is
valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion
thereof is disputed by you, we will obtain verifcation of the debt from our client and provide such
verification to you.
Please note, that despite the thirty (30) day period described above, the Bank is not
required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed,
including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed
with any such action within the time frame set forth in the accompanying complaint or documents, and
any other previous correspondence you may have received directly from the Bank.
This letter is from a debt collector. This letter and any other correspondence from
this office is an attempt to collect a debt and any information obtained will be used for that purpose.
Sincerely,
/ C ~.
Thomas E. Reilly, Jr.
EXHIBIT "D"
ra c'-' ~J
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V 1
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2001-04865 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
NATIONAL PENN BANK
VS
NORRIS REVENDIA M
R. Thomas Kline Sheriff who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT to wit:
NORRIS REVENDIA M but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
NOT SERVED as to
the within named DEFENDANT NORRIS REVENDIA M
ATTORNEY REQUESTED THAT SERVICE OF
STOPPED.
Sheriff's Costs: So answers:
Docketing 18.00 ,./~
Service 13.00 ~/
Affidavit .00 R. HOMAS KLINE
Surcharge 10.00 SHERIFF OF CUMBERLAND COUNTY
.00
41.00 PIOSA HIXSON & REILLY
09/04/2001
Sworn and subscribed to before me
this ~ day of
plvr~/ A//.~~D. /~ "'
Pr t onotary '
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
NATIONAL PENN BANK, )
Plaintiff ) No. Q~~ l~~'(p~ ,p
~U/~'''
vs. )
REVENDIA M. NORRIS, ) REPLEVIN ACTION
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 S0, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
PIOSA, HIXSON & REILLY, P.C.
LAW OFFICES
~SA HIXSON & REILLY P.C.
E WINOSOP PLAZA. SUITE 101
]535 WNOSOP DPIVE
~..LENTOwN. PA 18195-1014
(6101530]500
Thomas E. Reilly, Jr., ire 7 u-
n e seal of saed Court at Carlisle, Pa.
This .....~.7, f
day
.... of........ / ~~
.... ~........ -..4~~!.~.,~Y
Prothonotary
TRUE C~~Y FR®M RECORD Attorney for Plaintiff
to Testimony whereof, f here unto set my h~ Attorney I. D. No. 41668
a d th
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION -LAW
NATIONAL PENN BANK, )
Plaintiff ) No.
vs. )
REVENDIA M. NORRIS, )
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, Revendia M. Nonis is an adult individual residing at 170 Rustic
Drive, Shippensburg, Cumberland County, Pennsylvania, 17257.
COUNT I -REPLEVIN
3. Defendant is the owner of a 1994 Pine Grove Mobile Home, Serial Number
LAW OFFICES
JSA HIXSON & REILLY P.C.
IE WINOSOq PLAL1, SUITE 101
753$ WINOEOR DRIVE
.LLENTOWN, PA 181951014
(8101530-]500
GP38'738AB which is located at 170 Rustic Drive in the Country Side Village Mobile Home
Park, Shippensburg, Pennsylvania.
4. The approximate value of the mobile home is Twenty Thousand Seven Hundred
Fifteen Dollazs ($20,715.00).
On August 30, 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's obligations to make payments toward the Contract under which
Defendant agreed to pay the Bank One Hundred Eighty (180) monthly installments of Three
Hundred Eighty-seven Dollars and Seventeen Cents ($387.17) beginning October 8, 1999.
8. Defendant has defaulted under the terms of the Contract by failing to pay the
Bank monthly installments since May 8, 2001.
9. Given Defendant's default under the Contract, on or about June 4, 2001, the
LAW OFFICES
SA HIXSON & REILLY P. C.
E WINOSbR PLRZA. SUITE 101
]$35 WINOSOP DRIVE
_LEn]OWN, PA 1619$-1014
!6101 $30-]$00
Bank sent a Notice of Intention to Commence Legal Action and Repossess Mobile Home to the
Defendants by certified mail informing the Defendant of the default and the Defendant's rights
and obligations to the Bank. A true and correct copy of such notice is attached hereto as
Exhibit "C" and incorporated herein by reference.
10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices
Act, 15 U.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 of Intention 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 $29,794.10
Interest to 8/05/01 1,238.50
Late Fees Due 23.12
TOTAL 31 055.72
WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be
LAW OFFICES
JfiA HIXSON & REILLY P.C.
E WINDSOR RLAZA. SMITE 101
]$3$ WINOEOR DRIVE
.LLENTOWN, FA 16195.1014
I610)530~]500
entered in its favor and against Defendant, Revendia M. Norris, in replevin for possession and
delivery of the Mobile Home; plus interest, reasonable attorney's fees, costs, and costs of
collection and any and all other relief which the Court deems just and appropriate.
COUNT II -BREACH OF CONTRACT
15. Plaintiff incorporates by reference Paragraphs No. 1 through No. 14 as though
the same were fully set forth herein.
16. Defendant is in default under the terms of the Contract due to the Defendant's
failure to make monthly installment payments since May 8, 2001.
WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and
against the Defendant, Revendia M. Norris, in the amount of $31,055.72 plus per diem interest
from August 5, 2001 until the debt is satisfied, reasonable attorneys fees, costs and costs of
collection as authorized under the Contract.
PIOSA, HIXSON & REILLY, P.C.
~__
Thomas E. Reilly, Jr., Es ue
Attorney for National eank
Attorney I.D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
LAW OFFICE4
~sA HIXSON & RPJL.LV flC.
E WINOSOP PLAZA, sUITE IOI
]535 WINDSOR pRIVE
LLENTOwN. PA 161951014
I610)530~]500
Thomas A. Capehart,.~squire
Attorney for National Penn Bank
Attorney I.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 t
Dated: (~ CO ~ x(17 ~
MOBILE HOME
INSTALLMENT SALE CONTRACT
(WITHOUT REAL ESTATE)
rs a'f ,,t~ .
~?~ i
,~ Dated: T.UGU ST 30, 1999
1. PARTIES: In Ihis Contract wa are lha Seller: COUNTRY SIDF. VILLAGE HOMES, LNG.
31 WALNUT DOTTOM RD SHIPPENSBURG, PA 17257
Atldrass
You are the Buyer(s): NN REVENDIA M. NORRIS
170 RUSTIC ])Ram~OUNTRY SIDE VILLAGE, Sf1IPPENSBURG, PA 17257
Address (Where Mobile hlome is to be placed)
2. JOINT AND SEVERAL OBLIGATION: Ir Ihera are more than one Buyer and/or one or more Co-Signers, each of you shall he liable,
separately and together, to pay all sums you owe and to perlorm all your promises in Ihis Contract.
3. CO-SIGNEfl: Any person signing the Co-Signer's Agreement below promises, separately and together, wish Buyer and all other
Co-Signer(s), !o pay all sums owing to us and to perlorm all agreements In this Contract as and when They coma due.
n. CO-OWNER: Any person wi7h an ownership interest in [he Mobile Homa Signing the CaOwner's Security Agreemert below Dives us
a lien and security interest in the Mobile Ffome and agrees to perlorm all promises in the Security Agreement.
ITEMIZATION OF AMOUNT FINANCED;
(1) Cash Price Including Sales/Luxury Tax ~ -- $ -34,500.00
(2) a. Cash Downpaymenl -. $ 4,000.00 _
b. Net Trade-In + $ n O(1
c, Total Downpaymenl (2a + 2b) $ 4, 000.00
(0) Unpaid Cash Price Balance (t -2.c) _- $ 30,500.00
(4) Tc Credit Insurance Company + $ :0.00 "
(5) To Properly Insurance Company -.+ $ 377.00 +
(6) a. License, Tags and Registration $ 22.50
b. Lien Fee + $ 5.00
c, TR)al to Public OFCcials (6a + 6b) ~ + $ _ 27.50
(7) To - + $ 0.00 +
(8) To + $ 0.00 "
(9) Amount Financed ((8) + (q) + (5) + (6)c + (7) + (B)) _ $30 , 404 .50
"We may retain a ponion of Ihis amount.
6. DISCLOSURES REOUIBED BY FEDERAL IAW.
{ ANNUAL PERCENTAGE HATE
The cost of your credit as a yearly rate. 12 . J 50
FINANCE CNABGE $
l 38,786.L0
7ha dollar amount the credit will cost you.
Amount Financed $
The amount of credit provided to you or on your behalf. 30 , 904.50
Total of Payments §
Tha amount you will have paid aher you have made all scheduled payments. 69 , 690.60
Tolel Sale Price $
The Loral cost of your purchase on cretlit, including your downpayment o($ 4, 000.00 73, 690.60
Your Payment Schedule will be:
Number of Payments Amount of Payments When Payments Are Due
180 $387.17 Monthly beginning
OCTOBER 8
1999
,
Security: You are giving a security interest in the property being purchased.
Prepayment: If you pay oft early, you will not have to pay a penally.
Filing Fees: $ 27.50
Leta Charge: Ir a payment is more than 10 days' iota, you will be charged 2% or the ponion which is late breach month or pan or
a month greater Than 10 days that i1 remains unpaid.
Assumption: Someone buying your mobile home cannot assume the remainder of the Contract on the original terms.
See below and your other Contract documents Icr any additional information about nonpayment, default, any required repayment in
lull before lha scheduled date and prepayment refunds and penalties.
e means an estimate
IP YOU DO NOT MEET YOUR GONTRAGT OHLlGAT10NS YOU MAY LOSE ALL Tt1E PROPERTY THAT YOU BOUGHT Wf(H T111S
CONTRAC f, AND MONEY IN YOUR ACCOUNT WITH THE ASSIGNEE.
7. TERMS: The terms shown in the boxes above are pan of Utis Conuacl.
R. THE MOBILE HOME: Under the terms of Ihis Contract, you agree to purchase from us the following mobile home,
lurnilure, equipment and fixtures (all of which is called Ihe'Mobile Home' in lhrs Contract):
N/U Year/Manufacturer Lenglh/Width Color/Model Serial Number
U 19941 PTNE CROVE 44 1 24 LT CREEN/ 710 GP 38736 AI-
[quipped wish:
uAn
9. TRADE-IN: You have iraded~in the following mobile home:
$ -$ '$
Year/Make Series Gross Allowance StillOwing Net Trade~in
We will pay what is Still Owing on your behalf You warrant Thal no other liens or security Interests exist in the mobile homo you ors
trading-in.
70. PFlOPERTV INSURANCE IS REQUIRED: You are raqulrad to obtain and maintain in effect physical damage, compraltensive and
fire and theft insurance on the Mobile Home as provided in Item 22 on the next page. Vou may obtain such insurance through any
person of your choice. II you obtain property insurance through the Seller, Ilte total premium costs for the insurance for the Terrtts
indicated below is included in the Amount Financed of This Conlrad as paid To Prapeny Insuance Company.
Mobile Home $ Term `months; _ Fire And Then $ Term ^monlhs;
Physical Damage Insurance
Compraitensive on $ Tarm _monlhs; $ Term ,rnonlits;
Mobile fiance
11. CREDIT INSURANCE IS NOT REQUIRED: Optional Credit Lila Insurance fs available Through the Seller for the term Indirated
below. Such Insurance is not required to obtain credit and will not be provided unless you sign below attd 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.
Your insurance certificate will tell you Ilte maximum atnounl of insurance coverage provided to you.
Term of Credit Insurance Coverage: N/A monlhs. Coverage will terminate prior to the scheduled malurily date o111tisConiract.
By signing, you dosire Single What is
Crodit Lile Insurance, your age?
which costs $ N/A
N/A N/A
Signature of Buyer or Co-Signer to be
insured for Single Cradil Lile Insurance
By signing, you desire Joint - What Is What is
Credit Lile Insurance, H/A your age? .your age?
which rros(s $
X NIA N/A R N/A N/A
Signatures of both Buyers and/or Co-Signers to be insured for Joint Credit Lila Insurance
Ittsumc N/A
NOTICE OF PROPOSED CREDIT INSURANCE
Tha signer(s) of This Conlrad hereby take(s) notice That Gmup Credit Life Insurance coverage will be applicable to this CoMracl it so
marked above, and the coverage will be written by the insurance company named. This insurance, subject to acceptance by the
insurance company, covers only the person or persons signing the request for such insurance. The amount of charge is indicated
br the Credit Insurance to be purchased. The term of insurance will commence as of the dale the indebtedness is incurred and will
expire at Tho end of the term indicated above. Subject to acceptance by the Insurer and within 30 days there will be delivered io the
insured Uobbr(s) a certificate of insurance morelully describing the insurance. In the event of prepayment of Tha indebtednoss, a
refund of insurance charges will ba made when due:
12. ASSIGNMEFIT OF CONTRACT: You may not assign this Conlrad. The Seller may assign this Contract and the person to whom the
Seller assigns it may reassign it. Any person to whom we assign This Contract or to whom it is reassigned is called Ihe'Assignee! Alter
any assignment, all rights and benefits of the Seller in this Conlrad shall belong to anU may be enfoiced by the Assignee. Al the lime of
signing This Contract the Assignee is intended fo be National Penn Bank, Philadelphia & Reading Avenues, Boyertown, PA 19512.
13. PROMISE TO PAY: Vou promise to pay us the Total Sale Price for the Mobile Home by making the Total Downpayment and paying
us Ora Amount Financed plus Finance Charges. as provided in the Payment Schedule, Payments are due on or before iho same clay of
each month as the first payment due dale. You agree to pay all other amounts which may become due under the terms of IhiS Contract.
Vou agree to make payntenls al the address which we most recently specity in a written notice Io you.
tA. SECURITY AGREEMENT: To secure the payment of all sums you owe and the performance of all your obligations untler This
Conlrad, you give us a Gan and secudty interest in the Mobile Hame, in any pans (called accessions) attached to the Mobile dome at
any later time, and in any proceeds of the Mobile Home, including insurance proceeds. We waive the right to Treat any properly other
Than tho Mobile I lame artd its proceeds as security for repayment of This Conlrad. However, on Default, the Assignee, may exercise its
Iegai right oI seLOll and apply any of your money now or later on deposit wish iho Assignee against the amounts due and unpaid under
ibis Conbact. This inchuias any money which is now or may in the future be deposited wish such Assignee by you. Assignee may do 16is
without any prior notice to you.
15. NOW TVJE TOTAL OF PAYMENTS iS COMPUTED: The Total of Payments in Item 6 is the sum of Ilte Amount Financed anU the
Finance Charge computed on the assumplion.lhal we receive all payments on their scheduled due dales. The Finance Charge is
conry>taed daily by applying iho rate (equal to the Annual Pefceniage Rale ~vidad Uy 365 or 366) to iho oulslanding balance of the
Amount Financed. Because Finance Charge is, computed on a daily basis, late payments will ~resull in more Finance Charge (and, it
appticM>le, a late charge). Early payments wilt result in less Finance Charge. Early and/or late payments wiR cause the amomtt oI the
final payment to change.
16. LATE CIIARGE: You agree to pay a late charge for any paymem not received by us within 10 days alter 'as Uue tlale. The late
charge wilt he 2% per month or any pan of z momh in ercess of 10 days of the unpaid amount of the payment Tho late charge will be
due when imposed
1?. PREPAYMENT: You may prepay, in lull or in pad, the amount owing on This Conlrad al any lima without penally. i(you prepay the
Contract in pad, you agree to continua lb make regularly scheduled monthly payments un1B you pay aN amounts you owe under this
Contract.
te. WAIVERS BY YOU: You promise to make all payments on or before they come due without our having to ask. You give up any
right you may have to require that we enforce our rights against some other person or property before we enforce our rights against you.
You agree That wa may give up our rights against same other person but not against you. You waive due diligence in collection and all
defenses baseU on suretyship and impairment el,collaleral,
19. FINANCE CHARGE AFTER MATURITY AND~JUDGMENT: Finance Charge al the rate provided in this CoMmct shall continue b ba
computed Aaily on Tha unpaid balance until we receive payment in Iuli, even aNer accaleralion or malurily, or even Altar we obtain a
judgment against you for the amo)yils you owe.
20. OUR SECURITY INTEREST: Vou will not permit anyone other than us to obtain a security interest or other rights in Tho Mobile
I tome. You will pay all tiling fees necessary for us Io obla(n and maintain our security Interest in the Mobile Flame. You will assist us in
having our security keeresl noted on the Cenilicale of Title to the Mobile Home. You will not sell or give away the Mobile Ilome. If
someone obtains a lien on the Mobile Florae, you will pay the obligation and satisfy the lien.
21. YOUR OBLIGATIONS flEL .PING THE MOBILE HOME: You will keep fhb ...oblle Homa Ht good contlilion a[W rapak. Yuu will
pay any antl'all taxes ahd charges on the Mobile I tome and promptly provide proof of payment II wa require. You will pay all costs of
maintaining the Mobile I lone. You will not auuse the Mobile I tome or permit anything to be done to the Mobile dome alas will reduce its
value, other than for normal wear and use. You will not use the Mobile Home far illegal purposes or for hire or lease. You will not movo
the Mobile I tonne Irom your address shown on the iron) of this Contract to a new permanent puce without notifying us in advance. You
will permit us to inspect the Mobile Home at any reasonable Time. You agree chat the Mobile Home wily, at aA times until this ConUad is
paid in full, remain personal properly. You agree Io place the Mobile Floma (n such a way that it can be removed wilhoul subslanlially
damaging or impairing its value. 11 the Mobile Flame will be placed on premises you era leasing, you agree to obtain a Landlord's Waiver
salisladory to us. The Landlord's Waiver must permit us to enter on the premises and to repossess and remove the Mobile dome, even
if you are in tlelault oI your lease. Yov agree that you must perform your promises under this Contract even it the Mobile Home is loss,
[lamaged or destroyed.
22. INSURANCE flEOUIREMENTS: You must keep the Mobile Home insured against lire, theft or other hazards against which owners
customarily insure mobhe homes until all sums owed to us era paid in full. The insurance coverage must be satislaclory to us antl protect
your interests and our interests at the time of any insured lass. The insurance must name us as'loas-payee' on Ilre policy and must ue
written by an insurance company qualified to do business in Pennsylvania antl licensed to sell Insurance in file stale where Iite Mobile
Boma is permanently Irept. The insurance policy must provide us wish at leas) 50 days' prior wrhten notice of cancellation or reductiat in
coverago for any reason. On request, you shall deliver the policy or other evidence of insurance coverage to us. In the event of any loss
or darnaga to the Mohile Home, you will immediately notify us in writing and ilia a proof of loss wish the insurer. We may ilia a proof of
loss on your behalf if you tail or reWSe to do so. We may endorse your name to any check, draft or other inslrwnenl we receive in
payment of an insured loss. We may allow you to apply any insurance proceeds we receive to repair or replace the Mobile Homa il, in
cur opinion, it is economically Ieasible and you are not then in delauh under This Contract. Othervirse, we will apply the inswanca
proceeds to reduce the unpaid balance owed to us.
23. PROPERTY INSURANCE THE SELLER CONTRACTS TO BUY AT YOUR EXPENSE: II you prepay Ibis Coniracl in lull prior to Ilra
expiration data of any physical Damage, comprehensive and/or lire and theft insurance you purchased in connection with the Contract
Ihrough the Seller, such insurance shall remain in torceunless you request cancellation. If, prior to expiration, such insurance is
cancelled Ihrough no fault of yours, we shah place comparable insurance with another insurance company, Vf we are unable to obtain
such insurance, we shall notify you and reimburse you for any additional costs you incur-In obtaining replacement insurance for the
unexpi[ed period (or which the original insurance was written,
24. OUR RIGHTS: If you tail to pay filing tees, lazes, liens or the costs necessary to keep the Mobile Home in good condition and repair,
we may auvance any money you promisetl to pay. If you tail to keep required property Insurance in etlact we may advance money to
obtain substitute insurance to cover loss or damage to the Mobile Homa. We do not have to advance any money for these purposes.
Substitute insurance we obtain will be limited to an amount not greater Ihan what you owe on Ihis Contract. We will add any money we
advance on your behalf w the balance on which we impose Finance Charges at the Annual Percentage Rale of this Contract. You ayrea
to repay the money we advance as we alone may specify, either immediately on our demand, or along with your monthly payments. II
we choose to allow you to repay Ilea money advanced along with your monthly payments, we can choose the amount of Ihase payments
and how lohg you have to repay. Our payments on your behalf will not cure your failure to perform your promises in this Contract.
Sections 21, 22 and 23 and odr rights under this Section 24 shall not merge wish any judgment entered in any legal action and shall apply
until all altwunls you owe are paid In lull.
25. DEFAULT: In this paragraph you' means the Buyer, Co-Signer and Go-Owner, or any one or more of you. You will be in'Delauli' of
Ihis Contract it any one or more of the following Ihings happen:
a. You do not make any payment on or before the date It comes due;
b. You do not keep any promise you made in Ihis Coniracl;
c. You do not keep any promise you made in any other note or agreement with us;
d. You made any.unlme statement in the credit application for Ihis Conlraq;
a. You provide a false signature in connection wish Ihis Contract;
f. You die, are convicted of a crime involving baud or dishonesty, or are declafed legally incapacilaled;
g. Oanknrptcy or insolvency proceedings are begun by or against you;
1:. Without obtaining our prior written consent, you permanently move the Mobile Home to an address outside Iha slate where it was
to be placed as provided by your name in Item 1;
i. You abuse the Mouile Honte or use it in a way that causes ii not to be covered by your required insurance;
j. You do something that causes the Mobile Homa to ba subject to confiscation by government aulhorilies;
Ic. "tiro Mohile I tome is loss, stolen, destroyed or damaged beyond economical repair, as determined by your insurance company,
and not fixed or found within a reasonable lime; or
I. Another creditor hies to lake the Mobile Home by legal process,
26. OUR RIGHTS IF YOU ARE IN DEFAULT: II you are in Delaull, we may enforce our rights according to law, after we have given you
any applicable notice andJor right to cure that may Ihan be required by law. We will advise you how and within what period of time you
may cure the Delaull. We may also do the things specllically mentioned in this Contract. We may do one of Ihase Ihings and al the same
time or later do another If available to you and you do not timely exercise your right to cure, among other things we may do the
following:
a. ACCELERATION: Wa can demand That you immediately pay Io us Iha entire unpaid balance owing on the Contract and all
unpaid Finance Charges and other sums due. You agree to pay our costs of suit and our reasonable aftorneys' lees as Permitted bylaw
it we biro an attorney Io collect amounts awed under this Coniracl or to protect or obtain possession or Iha Mobile Flame.
b. REPOSSESSION; We can repossess Iha Mohile Floma, unless prohibited by law. We can do this ourselves, have a licensed
repossessor do it for us, or have a government official do i1 by legal process. You agree that we can peaceably come on Io your properly
to do Ihis. We may take any other adicles found in the Mobile Home, but will return Ihase entries to you it you ask. If you want Ihase
articles back, you muss request them in a teller sent to us by cerlilied or registered mail within 48 hours. It you do not send us [Iris tenet,
you give up any claim to these articles.
c. VOLUNTARY DELIVERY: We can require you to return the Mobie Home to us at a reasonably convenient place. You agree to
deliver the Mouile Flome to us if we ask.
<I. DELAY IN ENFORCEMENT: Wa can tlelay in enforcing our rights under This Coniracl without losing them.
27. YOUR PoGHTS IF WE flEPOSSESS THE MOBILE HOME: II we repossess wilhoul legal 13rocess:
a. NOTICE: We will immediately deliver or mail to you, by registered or cenilied mail, a Notice of Repossession to your last address
slmwn on our records. This Notice will tell you how to buy back (redeem) the Mobile Home, This Notice wih leh you ether information
required by law. -
U. CURE: yeu :viii have the right !o cure year Oatauh a; any time before ::e lar~ully transfer ;ills b Iha "subilo !come ;tom you. If
you curs your Oelauh, the CoMrnct will remain in etlact as though the Uatauft had not occurred,
c. REDEMPTION: You have the right to buy back (redeem) the Mobile Home before we lawfully transfer title of the Mobile home
hom you to another person.
d. SALE: II you do nos cum yow Defauh or redeem, we whl sell the Mohile Home. The money we receive will Itrst he used to pay
our actual, necessary and reasonable costs anU expenses as permitted bylaw, and Iheh to pay Iha amount you owe on Ihis Contract.
e. SURPLUS OR DEFICIENCY: II (here is money left alter the sale, we will pay it to any Buyer. II not enough money is tart Irom the
sate to pay what you owo, Buyer anti Co-Signer agree to pay Iha amount still owed to us.
1. EXPENSES: We have the riylV to charge you anU you agree to pay our actual, necessary and reasonable costs of repossessing,
detaching, Iransponing, scoring, repairing, prepariny for sale and selling the Mouile Home that are allowed by law.
28. HEIDS AND PERSONAL REPRESENTATIVES BOUND: Ailer your death, this Contract shall be enforceable against your estate and
your heirs anA personal representatives.
24. GOVERNING LAW; This Gontracl is to be governed by and interpreted according to the laws o(Pennsytvania.
30. SEVEFlABILI7V OF PROVISIONS: Ii for any reason any term of Ihis Gonlract is determined to be void or unenforceable, Thal term
shall no( he pad of Ihis Contract.
3t. NO WARFlANTI£S: TI IERE ARE NO WARRANTIES eY SELLEA, EXPRESS OR IMPLIED, INCLUDING TFIE WARRANTIES OF
MERCI I'ANTAUILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, UNLESS SELLER FIAS GIVEN YOU A
SEPAMfE Wflll IEM WARRANTY.
NOTICE -ANY HOLDER OF TNfS CONBUM£R CREDIT CONTRACT {8 BUBdECT TO ALL CLAIMS AND DEFENSES WIIICII THE
DEBTOR COULD ASSERT AGAINST THE SELLER OF GOOD$ OR SERVICES OBTAINED PURSUANT HERETO OR WITH T'l1E
PROCEEDS ItEREOF. RECOVERY HEREUNDER BV THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY TIIE UEBTOII
HEREUNDER.
NOTICE TO BUYER - 00 NOT SIGN TFIIS
By signing below, we agree to sell the Mobile Homa CONTRACT IN BLANK. YOU ARE ENTITLED
to you under the terms or Ibis contract. TO AN EXACT COPY OF THE CONTRACT YOU
SIGN. KEEP IT TO PROTECT YOUR LEGAL
RIGHTS.
SE~' ,qg y SIDE VILLAGE f10MES, INC. BUYER REVENDIA M. NORRIS
® ~ (SEAL) ~~~' ~An"JSEAL) (Dale)
Dale
(SEAL} {Date)
CO-SIGNER'S AGREEMENT: YOU SHOULD READ 711E NOTICE TO CO-SIGNER, Wt11CH HAS BEEN GIVEN TO YOU ON A
SEPARATE DOCUMENT, BEFORE SIGNING THIS AGREEMENT. You, the person (or persons) signing as'Co-Signer' below, promise
In pay In us all sums owed on This Comract and to perform all agreements in Ibis Conlrad as and when They came due. You intend to Ua
legally lwllrxf by zll the lemis of this Contract, separately and t they, with each other and the Buyer. You are Inakhig this promise to
induce us to solar into this Contract with the Buyer, even (hough file proceeds will only be used for the Buyer's benelil. You agrne to pay
even Iliougll we may not have made any prior demand (or payment on the Buyer or exercised our security interest in Ilse Mobile I~lome.
(SEAL)
Co-Siyner s Siynature
(SEAL)
Co~Signei s Signature
Address Uale
CO-OWNER'S SECURITY AGREEMENT: You, the person signing as'Co-Owner' below, together with the Buyer or otherwise being all
o! the Owners of the Mobile Home, dive us a Nen and security interest in 1110 Mobile Home. You Intend to be IegaNy bound by the leans
of (his Contract other than the Promise To Pay. You era giving us This Security Interest to induce us to enter info (his Contract with Iha
Buyer and to secure the payment and performance by iha Buyer of all sums owing on (his Conlrad. You will not be responsible for any
stuns 10x1 miyhl still be owing ai this Contract ii, alter Delaull, we repossas5 alsd 8eN the Mobile Homa,
(SEAL)
Co-Ownai s Slynature Address Date
iSUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT THE
T~AE~F SIGNING. ,
BUY R--~` - P.EVF,NDIA M. NORR15 BUYER
TIIE ASSIGNMENT BELOW IS NOT PART OF THE MOBILE HOME INSTALLMENT SALE CONTRACT BETWEEN THE BUYER ANO
SELLER.
ASSIGNMENT
To Induce you. National Penn Bank, the -Assignee' idenlilied in Item 12 dl Ibis Conlmci, to purchase the within Canlrad, the Seller hereby
wmrnnis nud mpmsenls. and cmrtinues to wananl anti represent Ihnl: Iha sale was made in alricl cenlormily wllh all applicable Inderal, slnle and lacnl
Incas and regulations, including, but not limited In, Fvtide 2 er the Pennsylvania Uniform Commercial Cade (13 PA C.SA. ~~2101, et. seq.); our title to
the Conlrad and the Mobile I lame covered (hereby i5 abselule, Irea of all (lens, encumbrances and security interests, end Is sub)e~ only to the dglds
of the Buyer as sal larlh (herein; the Contact Is genuine, the signatures (hereon are of the persons they purport to be, arose Imm the sale of the Mubile
I tome (herein descibed, and all parries Iherelo are o/ lull age and had capacity to contract; the desaiplion of the Mobile home and extra equipment is
cnmplem and correct; the cash downpayment and/or lrade~in allowance were actually received end no pad Iheraoi consisted al notes, po^.Ldaled
checks, other credit advanced by us tv Buyer or rebates or similar peymenls ham us to Buyer (however, manuYadvrere rebates may conslilule all or a
pan or Ibe downpeymenl); all warranties and slalamenls (herein era (rue; (here is owing (hereon Ilte Amount Financed plus Fiihance Charge al Iha
Annual percentage Bale of the Conlrael sal lonh (heroin; we are duly Iicensetl under Iha Pennsylvania Molar Vehicle Sales Rnanca Ad (G9 P.B. X601
ei. seq.l, and have duly complied with all requirements Iheraoi with respect to the Iransadion and wish Ibe Federal Truth-ImLending Act and wish any
dher ledeml or stale law, rule ar regulallon applicable la This Conlrael; a oerltlieafe of line (o the Mahile Hame showing a lien or encumhrartco in favor
of the Assiynee has been or will be applied for pramplly; and Seller has no knowledge al lads Impairing the vallJlly pr value of Iha Conlrecl. 11 any
such wmranlies or representations should be breachetl at any lime. Seller shall repurchase said Contract Irom Assignee, on demand, and will pry
Ihmelnr, in cosh, Iha amount owing Iharepq computetl es set IorUt below, aM satd remedy shall 6e cumulallve arW scat exclusive, and shall not alievl
any other rigid or remedy Thal Assignee might have ai law or in equity against Seller. In iha event Thal Buyer or Co-Signer tails or refuses to make any
payment due on the Canlrad on the assarlion, either oral or written, that the Mobile Home Is deladive, not as represented to the buyer by Seller, m
that Seger refuses la Iwnor any wananly ar servke egreemenl of $elkr or manuiatlurer, Seller agrees that, on being advised by Assignee of such
claim of Buyer or Co-Signer, Seller will repurchase the Conlrad from Asstgneeand pay Assignee Iherelare Irnmedfately In accordance with the
repurchase terms eel lorih below, and Seller Iurlller agrees fo hold Assignee harmless Irom any other claims of Buyer, Including ailoiney's lees, costs
and expenses Incurted k, deleMing against claims asserted by Buyer and including claims br refund of peymenls made by Buyer la Seller or
Assignee. By delivering This Coniracl to Assignee and accepting payment for IL Seller authorizes Assignee to sign Seller's name to (his Assignment,
wilheut recourse, ll the Assignment has Veen delivered wilhaul Seller's signature.
In the even) that Seller is required by (his Assignment to repurchase the Coniracl and/ar Mobile Home, Seller shall pay la Assignee, In cash,
the lull unpaid balance of Iha Conlrad as of the dale of repurchase, plus any (hen earned Finance Charge, and any and ell costs and expenses paid ar
incmred by Assignee in respect Iherelo, including reasonoble attorney's lees, in connadion with claims by or against any Buyer, Ce~Signer or
Co-Ownm or any person in possession of Ore Mobile Home antl/or by ar agalnsl S¢Iler.
Ibr value received, Seller hereby sells, assigns and Iranslers unto Assignee, its successors and assigns, the witldn Conlrad, all moneys due
and Io became due liramm~der, and alt righh Iilla and Iuiereoi In anJ to the Mc'~bile Homa ihertin described, settle luh power in Asslynea in its m our
name to lake such legal or other action which we might have taken save tar this Assignment Unless Seger Nd{lats either of the andors¢menls below,
lured "WITH FUI-L RECOURSE' or'WITH REPURCHASE; Seller's assignment shall, except tar the provisions of the paragraph tilled'ASSignmenl,- be
WIIIIOUr RECOURSE.
WI II I PALL RECOURSE -Seller agrees Thal In addition to the ryaragreph above tilled "Assignment; In the even) of default UV Ilte Buyer In
Iha lull paynrenl an the due dale (barest el any Inslalhnent payable under the Conlrad or In the prompt performance of any other
obfgaUVn Ie ha performed underthe Contract by Buyer, Seder caul, on demand by Assignee, ionhwhh repurchase the Conlraci imm
Assignee for a repurchase price, In cash, computed es sal loath above.
WITH REPURCHASE-Senor agrees llsaf. in addUlon to the provisions of the pmagmph above Illled'ASSignrdenl; in the event of any delaull
bV Buyer which shall entitle Assignee to repossess the Mobile Homa, Seller will, it Ihs Mobile hlome Is repossessed by Assignee and
ddivmed to Seller, and without regard to the Then condition of Iha Mobile I tome, lotlhwilh repurchpse Iha Conhed end the Mobile I tome
Imm Assignee for a reparchdsa pace, in cash, computed as set torah above.
By signln a we agora to the terms of the Assignment. )//7
® ~~ LF~,fI: T J/ ~/~
-.rya ,- .,
~. ~ CERTIFICATE OF TITLE FOR A VEHICLE
~(, 816
OOOy6fl0130O1870-001
GP?B738AB i 19~4I PINE GROPE I 483O6B132I72.1V0
vE41CLE IOENTFICATION NUMBER YEAR MAKE OF VEHICLE TTLE NUMBEfl
MH , 0 , ( I. 3/08100( EXEMPT I 4
300Y T'PE DUP EEAT CAP PRIOR TITLE STATE ODOM. PROLO. DATE DOOM. MILES DOOM STAIDE
4/14195 .I ...
3108100
2fl~Ofl0
GATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT GVWR GLWR TITZE BRANOB
"':.: -.:
ODOMETER DISCLOSURE E7~F~1~"iTOfB~ FEDERAL LAW
REGISTERED OWNER(51 yQ)q' -/:. -' :. ~yT
REVENDIA M NORRIS'µ~y~n`R n,;r,rrlr ,Ln.,.,unr,;?pry
170 RUSTIC DR
SHIPPENSBURG PA 172_'x'7
FIRST LIEN FAVOR OF:
SECONp LIEN FAVOR OF:
NATIONAL PENN BANK
FlRET LIEN
8Y
AVTHORIZEp REPPESENTATIVE
MMLING ADORERS
OOOMEtEP 5TgN5
O+AGTUAI MILEAGE
t =MILEAGE E%CEEOS n1E NECHgxIFLL
IIMnS
2. NOT THE AGNAi MILFAGF
3 v NOT THE AGNAI MILEAGEdLOMEIEq
TAMPERING VERIFlED
a.E%EMPT FROM OCDMErtA 050.DAME
A a AMIOUE VEHICLE
C ~ CLA$SIE VEHICLE
0 : COLLECTBLE vEHltlE
F .OUT OF COUNiRv
G = GRhiMALLY MPoD. NR N]HUS.
DlsrweunDN
N = AGRICl0.NAAl VENKLE
L a LOGGING VEHICLE
P e ISM1gASA PGIIEE VEHEIF
R . q£fANSrP:U^lE0
5 u STgEEf RGG
T a gECOVEREp THEFt VEHICLE
V eVEIUCLE CGNI'MgS PEI$oVEE VIN
w = Fl.000 VEHICLE
x e seam EennESx h NWee upon salblaceon a tM Erse Em. EE~fist
IipnM1OlEer mwl fpm2N tM4 TiOe 10 Ina BureeY Pf Mptw veNGea wN-IM
/ eppropnew Imm Em lee.
NATIONAL PENN BANK
PHLALDELPHLA 6 READING
80YERTOWN PA 19512
V pEIEFJ m d Mp EWE A i4rvE. tlw a111m1 revere! W Rio PemSYrvenp DepenmeW
al TRnspPXatl4n rellxy WI IM palwnlal nr company nvned Eemn ie NE lewlul prier
a tlw saM vEMdE.
SUBSCRIBED AND SWORN
TO BEFORE ME
~+xngroa non%6q~.t tla yvo:m :r NaOmaP'E oI'~M to IM reeeN aervfiw
s.u t ov v.IOwr ague uin nne.
smWTURE
4GWNRE CF EG~aPauEgm TILE O%aJtM0p1$ED SIGNEP
SECOND UEN RELFAEEO
GATE
BY
AUTHORIZED REPgESENTATrvE
p„'v,AR
":;:F, BRADiEY' L bill=l~RY
De listetl as "JDIDI Tanents With Right of Survivocahip• (TyI tl~tlL of Ens
'
~ owner, tke goes to suntlving owner.) CHECK HERE O, bNenMSa, the title
will be issUEd aS'Tanan(s in Common" (On EeaN OI one owner, inl%EW of
.
)
tlecEaseb owner goes ID hlslhar heirs or estate). 4
I. tSi LIEN GATE: ~ IF NO LIEN. CHECK
I
I~ tST UENHOWER
I STREET
i CITY STgiE LP +.
FlNANCUL INSTITUTION NUMBER ~
'
2N0 LIEN OPTE: ~ ff NO UEN. CHECK ~
2ND UENNOLDEq
s~E EXHIBIT
ZM1P
• '
' FINAN ~ II Tj I I ~~
PENN BANK
Part of the National Penn Family
Member FDIC ~ Equal Opportunity l.entler
CERTIFIED MAIL
TO: Revendia M. Norris Notice Date: June 4, 2001
170 Rustic Drive Country Side Village
Shippensburg, PA 17257
Acct. #362461077467
NOTICE OF INTENTION TO COMMENCE LEGAL ACTION
AND REPOSSESS MOBILE HOME
Also part of the National Penn family
Elverson National Bank
1st Main Line Bank
Chesmu[ Hill National Bank
National Asian Bank
Investors Trust Company
Ink RnanCial SennCeS, Ino.
National Penn Mortgage Company
You are currently indebted to National Penn Bank (the "Bank") pursuant to an
Installment Sale Agreement dated August 3Q 1999 between the Bank and you with regard
to your 1994 Pine Grove, Vehicle Identification Number GP38738AB. The Installment
Sale Agreement IS 1TI SERIOUS DEFAULT because the payments due since May 8,
2001 have not been paid. 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 $389.72.
You may cure this default within THIRTY (30) DAYS of the date of this letter
by paying to the Bank the above amount of $389.72, 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 THIRTY (30) DAYS, the Bank intends to
exercise its right to accelerate the Installment Sale Agreement and will instruct its
Attorneys to commence a legal action to take possession of the Mobile Home.
At the end of the thirty (30) day period, if you wish to cure the default, you will also
be required to pay reasonable fees actually incurred by the Bank prior to commencing a
legal action to take possession of the Mobile Home, including, but not limited to reasonable
attorney's fees and costs, up to an amount of Fifty Dollars (550.00).
hiiatlelphia & Reatling Avenues, P.O. Box 547, 8oyertown, PA 19512. www.natpennbank.com Nastla S mbol - P
Revendia M. Norris
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 achially incun-ed by the Bank,
including, but not limited to reasonable attomey's fees and costs, even if they are over Fifty
Dollars ($50.00).
The Bank may also sue you personally for the unpaid principal balance and all other
sums due under the Installment Sale Agreement. If you have not cured the default within
the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have
the right to cure the default at any time before the title to the Mobile Home is lawfully
transferred from you, which shall be no sooner than Forty-Five (45) days after your
receipt of this Notice. You may do so by:
(a) paying all amounts which would have been due if you had not defaulted
and the Bank had not accelerated the Installment Sale Agreement;
(b) perform any other obligation which was required of you under the
Installment Sale Agreement;
(c) paying reasonable fees actually incurred by the Bank in taking
possession of the Mobile Home, including, but not limited to reasonable attorney's fees and
costs;
(d) paying any late fees or penalties as set forth in the Installment Sale
Agreement; and
(e) paying any cost incurred by the Bank in detaching and transporting the
Mobile Home to the site of the sale.
Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling the Bank
at the telephone number of the person listed above. This payment must be in cash, cashier's
check or certified check.
You should realize that a sale or transfer of title to the Mobile Home will end your
ownership of the Mobile Home.
e
Revendia M. Norris
Page Three
. ~ n
You have additional rights to help protect your interest in the Mobile Home. YOU
HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY
OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE
AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY-THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default as set forth above, the Installment Sale Agreement will
be reinstated and you will then be able to make payments for the balance of the
Installment Sale Agreement as if the default never occurred.
NATIONAL PENN BANK
By: ~ ~, . ~
Richard M. Kistner
Special Loans Adjustor
, ~5 ,
PIOSA HIXSON & REILLY
MICHAEL J. PIOSA
BOYD G. HDCSON
THOMAS H. R&ILLY, JR
THOMAS A. CAPEHART
aaroxNZns AT LAw
ONE WINDSOR PLAZA, SIRTE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
TEL: (610} 530-7500
FAX: (610) 530-8190
TO: Revendia M. Norris:
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 $31,055.72 as of August 5, 2001.
Country Side Village Aomes, Inc., is the original creditor for this debt.
You have thirty (30) days from the date of this Notice to dispute the validity of this
debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is
valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion
thereof is disputed by you, we will obtain verification of the debt from our client and provide such
verification to you.
Please note, that despite the thirty (30) day period described above, the Bank is not
required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed,
including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed
with any such action within the time frame set forth in the accompanying complaint or documents, and
any other previous correspondence you may have received directly from the Bank
This letter is from a debt collector. This letter and any other correspondence from
this office is an attempt to collect a debt and any information obtained will be used for that purpose.
Sincerely,
/ C ~_
Thomas E. Reilly, Jr.
EXHIBIT "D"
~~~
~~
~~ ° ~
~~ - ~~~_ ,
IN THE COURT OF COMMON PLEAS OF CiJMBERLAND COUNTY, PENNSYLVANIA
CIVH, DIVISION -LAW
NATIONAL PENN BANK, )
Plaintiff ) NO. of-4865 CIVIL
vs. )
REVENDIA M. NORRIS, )
} REPLEVIN ACTION
Defendant )
TO: PROTHONOTARY -CIVIL DIVISION:
You aze hereby authorized, empowered, and directed to en~r, as indica~d, the following on the records
therea£
The wiflun suit is Settled, Discontinued, Ended and costs paid.
The within suit is Settled, Discontirn-ed, Ended ~T j'~ Prgudice and costs paid.
The within suit is Settled, Discontirnred, Errled WITHOUT Prejudice and costs pad.
Satisfaction offlie Award in flee within suitis adrnowledged.
Satisfaction of Judgment with interest and costs, in the within matter is acknowledged.
Other:
Date ~Qcr F,~ iz r-Z~~
Signature of authafizhx~pzntg~
Thomas E. Reilly, Jr., Esquire
Attorney far Plaintiff
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