HomeMy WebLinkAbout03-3811IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
21 ST MORTGAGE CORPORATION,
Plaintiff
VS.
LARRY WALTERS,
Defendant
No. 03 -3711
REPLEViN COMPLAINT
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 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 REILLY & CAPEHART
PIOSA REILLY & CAPENAf/T
Thomas E. Reilly,"gr:~g'q-fiir[~-
Attorney for Plaintiff
Attorney I. D. No. 41668
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
21 ST MORTGAGE CORPORATION,
Plaintiff
VS.
LARRY WALTERS,
Defendant
) 0.1 - ,27'1/
)
)
)
) REPLEVIN COMPLAINT
)
COMPLAINT IN REPLEVIN
And now, comes the Plaintiff, 21st Mortgage Corporation, by and through its
attorneys, Thomas E. Reilly, Jr., Esquire, and in support of the within causes of
action avers as follows:
1. Plaintiff, 21st Mortgage Corporation ("Lender") is a Delaware
Corporation with a principal office located at 607 Market Street, Suite 521,
Knoxville, Tennessee, 37902.
2. Defendant, Larry Walters, is an adult individual residing at 132
Quarry Hill Road, Shippensburg, Cumberland County, Pennsylvania 17257.
3. The Defendant is the owner of a 1996 Dutch Mobile Home, Vehicle
Identification Number 11540ZAB which is located at 132 Quarry Hill Road,
Shippensburg, Pennsylvania.
4. The approximate value of the mobile home is Fifty-two Thousand
Five Hundred Dollars ($52,500.00).
5. On January 30, 2002, the Defendant purchased the mobile home
pursuant to a Mobile Home Installment Sales Contract and Security Agreement
(the "Contract"). A true and correct copy of the Contract is attached hereto as
Exhibit "A" and incorporated herein by reference.
6. The Lender 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 Lender 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. The Defendant executed and delivered the Contract to the Lender as
collateral security for the payment of Defendant's obligations toward the Contract
under which the Defendant agreed to pay the Lender Two Hundred Twenty(220)
monthly installments of Five Hundred Fifty-four Dollars and Thirty-three Cents
($554.33) beginning March 15, 2002.
8. Defendant has defaulted under the terms of the Contract by failing to
pay the Lender monthly installments since February 15, 2003.
9. Given Defendant's default under the Contract, on or about April 2,
2003, the Lender sent a Notice of Default and Right to Cure Default to the
Defendant 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 the
Notice of Default is attached hereto as Exhibit "C" and incorporated herein by
reference.
PIOSA REILLY & CAPEHART
10. On or about June 4, 2003, the Lender sent a Notice of Acceleration to
the Defendant by certified mail informing the Defendant of the Default under the
terms of the Contract and informing the Defendant that the Lender has
accelerated the terms of the Contract. A true and correct copy of the Notice of
Acceleration is attached hereto as Exhibit "D" and incorporated herein by
reference.
11. 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 "E",
and incorporated herein.
12. The Defendant has failed, refused and neglected to cure the above-
referenced default, despite receipt of the Lender's Notice of Default and Notice of
Acceleration.
13. In accordance with the terms and conditions of the Contract, upon
Defendant's default thereunder, the Lender has accelerated the indebtedness of
the Defendant to the Lender.
14. 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.
15. Based on the Defendant's fault as above described, Defendant is
liable to the Lender as follows:
Principal Amount Due
Interest to 08/15/03
Late Fees Due
Misc. Fees
$49,999,72
2,874.98
55.00
4!8.44
TOTAL $53,348.14
WHEREFORE, Plaintiff, 21st Mortgage Corporation, respectfully requests
that judgment be entered in its favor and against the Defendant, Larry Walters, 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
PIOSA REILLY & CAP£HART
16. Plaintiff incorporates by reference Paragraphs No. 1 through No. 15
as though the same were fully set forth herein.
17. Defendant is in default under the terms of the Contract due to the
Defendant's failure to make monthly installment payments since February 15,
2003.
WHEREFORE, Plaintiff, 21st Mortgage Corporation, demands judgment in
its favor and against the Defendant, Larry Walters, in the amount of $53,348.14
plus per diem interest from August 15, 2003, until the debt is satisfied, reasonable
attorneys fees, costs and costs of collection as set forth in the Contract.
PIOSA REILLY & CAPEHART
Attorney for 21st Mortgage Cor-)oration
Attorney I.D. No. 41668
One Windsor Plaza, Suite 202
7535 Windsor Drive
Allentown, PA 18195-1014
VERIFICATION
I, THOMAS E. REILLY, JR., ESQUIRE, state that I am the attorney
representing 21st Mortgage Corporation, Plaintiff in the within action, and as such, I
am authorized to make this Verification on behalf of the said 21st Mortgage
Corporation, 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.
Dated: August 1, 2003
2~ST CENTURY
865 292 ~042 P.O~x19
INSTALLM[
~CREDITOR: 21st Mortgage ~rp,
Borrower Name: LARRY WALTERS
Borrower Name:
Ce-Signer Name:
Proposed IocalJon of manufaot~rae home;
CONTRACT--~ECURITY AGREEMENT
DATE:
Borrower's Social Security Number:
Tel. No.;
Ce-Signer Name:
Current Address (if different from above}: ,132 QUAMY HILL RD SHIPPENaBUEG nAI?2S7
'T', "me", and "us" refer to all per~ons who sign this Installment Contract and Security Agreement ("Contmot") as Borrower
or Co-Signer, jointJy and ~leverally. "You" and "your' refer ID me creditor.
Security Interest: I give you a security interest under the appllceete ce~flc, ate of title law and the applicable Uniform Commercial
Code in the Manufactured Home and any properly added or attached to It. ~o secure my obligation under ~l[s Contract. I also assign
directly to you any intarest I may hays in premium mfi~nda or proceeds under any insurance covering the ManufaCtured Home. I agree
to execute any appllcetlcm for cemflcete ef tl~e or ownership, financing stammsnt or other document necessary t~ per.ct your security
mlerast in the Manufactured Home. I authorize you to prepare and file financing statements signed only by you. If real estate secures
payment ansi performance of my obligations under thL~ Contract. I have slatted a mot[gage or deed of tgusL
Promise to Pa)': I promise to pay you the Unpaid Balance shown wfth interest at the rate of II.S % per year until the debt is fully
paid. I will Pay this amount in Inatallment'~ as shown In me payment Schedule bebw. Each monthly payment win De applied aa of its
scheduled due data. if no interest rate Pa dlm;Iosed above, the Interest rats la the Annual Percentage Rate shown below. Eetty or late
paymanta may affect Ihs amount of finance cllarge I will pay.
DESCRIPTION OF MANUFACTURED HOME ~ New i,'~ Used
[ TFU~0E NAME: Dutch
[ YEAR:la96 MODEL:x
[ LENGTH~$2 WIDTH:28
[ SERIAL NO:lI5407AB
I SERIAL NC):
ITEMIZATION OF AMOUNT FINANCED:
1, Amount Paid on My Account
(Including Sales Taz Of S0.o0 )
Cash Dow~ Payment
Rebate to Buyer
TraDe-In (Year, Make, Model)
Length: Wklth:
Gm.ss Value: ~0.00 Liens: $o.00
Net Trade-In Value
2. To~l Oown Payment
3. Unpaid Balance of Cash Price or Net Amount
Paid to Othe~ on My ~half (1 minus 2)
4. Amounts Paid t~ Othem on my ~ehalf'
a. To Insurance Companies
(1) Properly Insurance
(2) Credit Life Insurance
(3) Home Buyer P~tectJan
b. To Publio Officials
(1) Cs~c~te of Title
[2) Filing Fees
c. To:Stoker Orig, Fee
d. To:21st Mae
e. To:Doc Pmp
f. To:Couner Fee
g. To:Debt
h. To:
L To:
j. 1'o:
Total (items a. th~3ugl~
$, Unpaid Selance (3 plus 4)
Prepaid F~nance Che~ge
7. Amount Financed ($ minus
erstand and agree that a poffion of certain of these
Is ma), be retained by you or your af~iate.
. ",::;',. :'::- .'
;,~k~a~s .~,.~__ ~ Borrower Inltlals_~
ADDITIONAL ACCESSORIES AND FURNISHINGS:
ITEM SERIAL# ItEM SERIAL#
Page 1 of 4
~J~Ll~.~ ~/ Date
~rage desired, both proposed insure-~
EXHIBIT
I
INSURANCE:
so.o0 PROPERTY INSURANCE ON THE MANUFACTURED
HOME IS REQUIRED FOR THE TERM OF THIS
~0,0oCONTRACT. I HAVE THE RIGHT TO OBTAIN SUCH
~0.oo INSURANCE FROM ANYONE AUTHORIZED BY LAW TO
SELL IT AND REASONABLY ACCEPTED TO YOU.
However, by checking the appropriate box below, I elect te buy
~rcugh you pmpe~ insurance of the specified tam~ and premium.
,'~. of Insure.nee Term Premium
~3.00 .:~j properly Insurance 12 months ~453.00
~0,OO
S0.0<~ CREDIT LIFE INSURANCE AND HOME BUYER
I~ROTECTION ARE NOT REQUIRED TO OBTAIN CREDIT,
AND I DO NOT HAVE TO PURCHASE THESE
COVERAGES THROUGH YOU UNLESS J SIGN AND
$<53.00 AGREE TO PAY THE ADDITIONAL ¢Q~'T.
~o.00 ~y~e ef Insurance TOnal Premium
$o,0o .... Individual Credit U~ ~0.00
:':. J~nt Oreeit Life
":: Home Buyeg Pmle~ion $0.00
This credit life insurance may net pay off all my debt and the exact
amount of coverage is shown on my J3Ollcy or eel'~J~llta. If I elect
credtl Insurance, the name(a) of the proposed Insured(s) ara:
Proposed Insured: Age;
Proposed insured: Age:
(Only c~bormwera can ~e Insured jointly.)
My signature below and the checked coverage(s) above indicate
my election to obtain credit ltfs Insurance coverage, home buyer
protection and/or properly insurance for the tem~ and premium
ANNUAL
PERCENTAGE RATE
The cost of my credit as a
yearly rote.
12.77 %
FINA' =. CHARGE
The dolk. amount tho c~eO']t
will cost ma.
S74,933.10
Amount Flnan¢~
The amount of credit
to me or on my behalf.
$47,019.50
Total of Payments
The amount I will have paid
after I have made all
payments aa scheduled,
$121,952.60
MY PAYMENT SCHEDULE WILL BE:
I' Number of Payments { Amount elr Payments J When Paymertts Ara Due
I 220 ~ $5sa.33 JMonffily, beginning
Security: I give you a seeudty interest in the goods or prope~y being financed and real pmpany located at:
Late Charge: If a payment is mom than f $ days late, I wtil be c~argNI the lesser of $5.00 or 5% of tee installment Deal due.
Prepayment: If t pay offeady. I will not have to pay a penalty, but I will net be entitled to a refund of any prepaid finance charge.
Asaump~iOrl:: Someone buying my menufaclured home may, under certain circumstances, be allowed to a~,sume the remainder of the
Contract on the ortgthal
See Contm;t term* for additional Inton'nation about nonpayment default, required repayment in f~ll before ~e schedule dale and
prepayment refunds and penalties.
ADDITIONAL TERME AND CONDITIONS
PROPERTY INEURANCE: ( agree to insure the Manufactured Home against phyatoal damage for the term of the Contract at my
expense. The minimum coverage will be Bmod Form Comprehensive, Including flood coverage, in an amount equal to me lesser of the
amount flnanr,~ad or the value of the Manufactured Homo, The insurance P~llW will contain a loss payable clause prote~,'fing You [as your
interest ma)' appear), and provide for 10 day notice of cencallefino to you. I have the right to choose the person through whom the
property insurance is obtained subJect t~ your reasonable appi'o~al. If my insurance average expires or ia canceled prior to l~aymeet in
l:ull of this Con,act, I must obtain no less then the minimum coverage at my expanse for the rems/nine farm of the Contract. Should I fail to
maintain the minimum coverage, you may, but are not obligates to, Obtain the minimum coverage. It will net fulfill the obligation to maintain
liabiliiy insurance imposed upon Borrower(s) unaer the financial responsibility law of any state.
I UNDERSTANO THAT ANY INSURANCE PROVIDED BY YOU UNDER THIS CONTRACT WILL NOT
PROVIDE COVERAGE FOR BODILY INJURY AND/OR PROPERTY DAMAGE CAUSED TO
OTHERS.
CREDIT INSURANCE: I acknowledge ~at the Creditor has a financial interest In the sale of insurance, end may benefit ~rom the aais of
such Insurance by vl~e of ~ornmi~ion income that It may receive, If I Ix~rohase it. credit life insurance proceeds will be use~ te repay my
debt to you in the event of my death, as deoc. a, tbe4 in the insurance cef~.ato. If I aurohese Insurance through the Creditor. the ir~urance
premium is included in the amount financed under thio nolo. Individual arm lite insurance may be available to me at · lower cost than
credit life ineuran-,e. In the casa of death, the credit life insurance may not Day the entire unpaid balance of the debt owed fo you. This is
true if any I~eymen~ am past due et the time that the insured dies. I have reed the Inaurenoe certificate for details on the amount of
coverage. A Co-Borrower may cancel his or her Insurance. and the Creditor has no obligation to notify the other Co-Borroweris). In
event of -, covered claim, any insurance proceeds in excess of the unpaid I~an balance will be paid fo the second beneficiary shown on my
cenlrcata, or If ~ona ia ehow~, then to my estate.
ADV~NCE$ TO PROTECT THE MANUFACTURED HOME: If I fall to (~I) 0ay for required insurance, (2) gay park or lot rent (and
any other ml'atod charges}, (3) eal~sfy ~e$, ast, e~sn~0 et offier ~ians er ensumbmnces against the Manufactured Home, (4) keep the
Manufactured Nome in goad repair, or (5) make an)' other payments re;uired by this Contract or by aptiltceble law, you may (bu~ ara not
recluirad to) make such payments as you ~a~:~e, Any and all payments made by you will be added to the amount t owe you on
Contract. and will be secured by the Manufactured Home. I agree id pay interest on an)' such amount, thai I do eel repay immediately, al
the Contract Rate. At your sola option, you may (fi deman~ that I reaay these amounts Immedlotdy, (2) add these amounts to my
regularly scheduled Payments. or (3) a~:l these smountz as additional mele/Imenta due, or [4) add these amounts te the final ir~teIlment
due on ~is Cont/-d~t.
CREDIT INFORMATION: You may investigate my credit histoe/and credit cececily in connection with ooening and collecting my
account end share information about me and my ac'~ounl with omdJt r~por~ng agencies. You may furnish information a~uCme, i,cludinn
JnsurarLc~ infomlatton, to all others who may tavaullv nlcclve suCh In~rmation. You may furnish aden/tic intormaiton about the
Manufacfured Home and any ir~ura~ce collcies on the Mal~ufa~tured Home to any affiliated insurance aa;em or agent that I direct to enable
such agent t~ ouoto ommlume to me and solicit my inaural~e business. (Please sea Seller's and Asalanee's ;~rlvacv I~ellcies for more
in~o_rmatinn.)
PREFAYMENT: I MAY PREPAY THIS CONTRAt,,,~I' IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, laUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY.
Bon-O~l~r Inl~l ~, ~,'~' R~TOWm' IrllUal~ . Pa~ 2 of '~ C~.Signar Inlllals C4-Signer I~iltals .
13:53 21ST CENTURY S55 292 0042 P,05/19
DELINQUENCY AND DEFAULT: Tim- =- -~f the esren¢,e. If a payment is more than ' '*~ late, ] agree to pay a Isle charge of
$5.00 Or 5% of the installment past due, ~ .var is lass. I am in default of this Contract ~.. ,, f;il to mal<e payment when due; or (2)
otherwise fail re perform any of my obligations under this Contact; or (3) I die or become legally unebis to menage my affairs; or (4) any
statamenl of feel, representaUon or warranty I made In my loan apolicat]on, or In any loan document ~ false, misleecJlng. Inaccurate, or
Incomplete. In the event o~' my default, you will give ma nut,ce of the right to cum the defsult where required by law. I am not, however,
entitled to noti,'.,e of default mom then Iwlca In any one-year period. Under no cimumslanCes am I enticed to a notice of right to cure Ihs
default where I have either abandoned or voluntarily surmndere{~ the Manufactured Home. If I have not cured the default within 30
days after the p~strnark data of the helios, you may accelerate the maturity of the debt and require me t; pay yOU the entire remaining
balance of the Contrect less the re, nd described th the Prepayment Paragraph above. You may taka legal action against me, end you
may foreclose on or repossess N Manufactured Home and any other things covered by the reeuHty interest I have grameO. In the
event Of '"efault, I alan agree to pay your axden~es for la) reaannable attorney's fees, not to axC~ed 15% of my unpelcl debt. at{er
referral to an attorney who Is not your Salaried employee: lb) cour~ costs and disbursements; and lo) actual and reasonable
out--of-pocket co,ts of peacefully repossessing or forank)sing an the Manufas~ured Home and any other things covered by the security
interest, and sucl~ costa may include ~he cosls of storing, reconditioning, end reselling it, subject to the pertinent provisions
of ;he Uniform C~mmer¢lal Coals,
PERSONAL PROPERTY: I agree thai regardless of how my Manufactured Home IS attached to the real cmpmly, my Manufactured
Home is end shell remain personal property end &hall not 13anDes a fixture or part of the real property without your written consent.
PROPERTY' TAXES: I agree to pay any and all taxes assayed against my Manufactured Home end my real property and I agree
that failure m pay such taxes e~all con~t, ituto · d~autt under this Can~ract,
OTHER TERMS AND {,'ONDITIONS: I agree: (a) not t~ remove the Manufaclurad Nome from the address shown on mis Can~ract
unless I not~ you in advance and receive your w~leen consent; {b) not to sell the Manufactured Home without firs! tibtaJning your
written consent: lc) not to encumber or abartiton the Manufactured Home or use it for hire or illegally; (d) tn pay with my monthly
inslallment~, if requested to do so by you, the estimated amount necessary tu pay yearly ~xes, aesessment~ and Insurance premiums
mat will become due within the next twelve month per~d and {e) to notify you pmmpUy of any loss or damage to, or confiscation dr theft
of the Manufactured Home. If requeered by you, I will Pmml~y provide you with proof that (1) I have the ineureflce required under ~is
Contracl, {2,) all texas assessed against fha Manufactured Home have been paid, (3) all park or lot rent (and any related expenses) due
has bean paid. (4) your lien is the only lien ngain~t the Manufactured Home, (S) the Manufach,red Home is in ~aod condlfJen and repair.
I will provide you reasonable access to Inspect the Manufactured Home. If I am man, ied, and residing in a community Precan'Y sate,
beth my community property end eeperefa property will be Ilal~a for all payments under {hie Contract. I will cooperate with you
regarding any ragueeta after cloethg to CO,Tact errors made concerning this Contract or the trsnsactton end to provide any an¢ ail
eddlrional documentation deemed necessary by you to complete this ~2~n~action,
ASSIGNMENT: You may assign this Con,'act to any pemon or entity. All rights granted to you un,~er this Contracl shall apply to any
assignee of this Contract.
WAIVER AND MODIFICATION: Your waiver of' any ddault tihali not oonetitut~ a waiver of any other ~efault, Tlte procurement of
required property Insurance, or the payment of ta~es, or other liens, er other charges, by you shell not be a waiver of your right to
accderate the merrily of this Contract and d4cfare · default heroin. Your allowance of a reinstatement el:mn default will not be ·
waiver of ti~ right to declare futura acceteretlop, s and any fortmaretice shall not be a waiver of other curranl or futura right, of
notehelder nor shall preclude the exercise of any such Hght~ or remealas.
ENTIRE AGREEMENT: This ConbaCt, any separate written allures§ye dispute rerelu~n agreement, any staged funding rider, any
escrow waiver agreement, any mortgage or deed of test documents that the Borrower signs i~ cormactlon with tbte Contract, end any
separate written warranty constitute ~e snare agreement between ua, I agree that no representations, oral or written, hove been nlade
to me to Induce me te entel ina= ~S Contract, other than the repreaenmtiane expressly ret forth In this Con~'ect, any reperata w~itten
alternative dispute resolution agreement, Iny staged funding rider, any escrow waiver agreement, any mo~gage or dasd of thief
documents, and in any separate wnttan warranty,
WARRANTIES: A~y wamenttes rol~ng t~ a new Manufac'mred Hems have been provided to me by my dealer, or wan'only ~mpany,
or the manufacturer In a separate wrttlng, m~elpt of which I hereby ack~wiedge, Except ae provided in such · wr(tlng, if any, there are
ne warrentipa, Ixpres, s or Imptled, I'ncludlng but net Ilmitld to warmettes of merchantlblllty m' flmese fur · particular purpose.
I acknowledge that I have examined the Manufaclured Home and that, I~ it is used, I accept the Manufactured Home "aa is.* The year
o~' the Manufactured Home aa spa~fled In this Con~'acl,ls far identification purposes onty. No esatgrtes of thls agreement shall Da
liable, either in t~r~ or conb'act, for any cllrect or Indira,~ damages or for any special, incidental, or consequential damages
arising out of or in connec.'tJon wfth this Contract or Iransa~en,
VALIDITY: Wherever peesil31a eaoh provis~oo of this Conbsct shall be Interpreted in ouch a manner as to be effective and valid under
applicable law, but if any provision of this Conb'~ct shell be prohibited by er be Invalid under epplicab{e law, such pmvleton shall be
ineffective to the extent of suc~ prohlblaon or invalidity, without invalidating the remainder of such prevision or the remaining pmvisiono
of this Con,'act. This Contract shall ba of no effact u~l and unises ~ned by you and me.
B~"mwer lni~al~../~: Borrower Inl{isls= C~igner I~ll~els Ce. Signer InilJals~ Page 3 of ~,
~UL-21-2083 13:54 21ST CENTURY 855 292 0042 P,06/19
CO.SIGNER OBLIGATION: ] guarani,,,= that all amounts owed under tills Contl- viii be paid when due. I will still be
obligated even if the Borrower(a) ar ~ased or if you waive or delay enforc,. .,it of any of your rights under this
Contract. You do not have to give me notice of any such waiver, delay, or release. I also have to pay your attorney',= fee
and other cos~ of enforcing this oo-$ig~ar obligation.
GOVERNING I.&W: This Contract is governed in whole or in part by State an= Federal Law.
To contact 21st Mor~a~e Com. about this account ~11 (E00} 955-0021 or write us at E(}7 Mark~ Street, Suite 521,
Xnoxville. TN 37902.
ACCEPTED: BORROWER ACKNOWLEDGES THAT A SEPARATE ALTERNATIVE DISPUTE
RESDLUTION AGREEMENT (ARBITRATION AGREEMENT) I~ PART OF THIS CONTRACT.
NOTICE TO THE BORROWER: DO NOT SIGN THIS CONTRACT BEFORE YOU READ I1' OR IF THE CONTRACT
CONTAINS BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.
ACKNOWLEDGMENT: I AGREE TO ALL THE TERMS ON ALL THE PAGES OF THIS CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COlbY OF THIS CONTRACT.
IT I$ IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT.
.Date ~--' Borrower Date
Co-Signer Date Co-Signer Date
CONSENT OF THE CREDITOR:
Not valid unless accepted by Creditor:
Creditor: 215t Mortgage Corporation
By:
Printed Name 'rifle Date
215t Modgago Cor~oratior~ assigns to the foragolr~g
Contract including all amounts payable by Bor;owar and the se;urity interest in the c~llateral, without recourse.
Date: By: Title:
EXHIBIT ...........
JUL-21-28~D 13;57 21ST CENTURY
¢/o2/o~
607 Narke: St Suice 521 - IOaoxvi21e TN 37902
(865)292-2120 * (800)955-0021
LARRY WALT~R~
132 QUAMY HILL ~LD
S~IP~ENSBURG PA 1~2S7
Le~n ti: 25028 - 0
Sedai ii: 11S40EAB
Noticc Exl:)imtioa Date:
Azaount: S1,061.40
5/05/03
NOTZC~ OF DNFADLT AND ~X~tT TO CUP. E DEFAULT
you are now in default on your credit o'av~cgo~. You l~ve a light ~, correc! rigs defauh withi~ 31 days fr~m thc
If you conect ~h¢ dcfault, yo~ may contlnuc with :ha con~ract ss though you did not defauh. Your dcfa~lt comists of
your failure to make moutlg¥ payments bcgi~ing with your 2/I$/03 paymeat. You may c~rc your default by
making all p~a~ due payments witbiu thlr~ erie (~1) dey~ f~om dic po~mueked date oftl~ notice.
You will be respo~ble for all cxpenseS L,~urred in tl~ ~po~sesaion $~d resale of the above uniz and any d~f~cier~y
will be pu~ued i~ a noun of law. If this default we, ca.ed by your failure to make a payment or paymcnis and you
.. .-.~,,, ..,,, ~an~,io-paThy m::~ pice. se send s certtfled ch~k or money o-~cr. Danot.l~d.c~h:,lfy~
· ~' ' '- tO ~! st Motigagc at the above addreas'or call mc at 1-~0,9-~ '~121 b~t~v~eb thc ~ou:$ ofg:00 AM a~d 6:00 PM EST
o~ Mo~lay U%tou~h Friday. If you wi~ to avoid Ibis aclion, p~ coemct me a~ the abov~ m~mbor.
plume be adviscd fux~h~r dmt this tether constltu~ ~i~ dm~ f~ pa~t of ~e c~tio~ ~t ~r a ~ce
of~ ~bili~ m my ~i~t he~f ~ mi~t ~ve ~clved a ~e of such ~bt
a~li~blc bs.~p~ laws ~ who ~t ~ ~bj~t to ~c automa6c stay of ~cgon 362 ofte Uni~ Sm~s
B~p~y ~. ~a le~r ~ bc~g ~t ~ ~y ~ch pa~ mealy to comply ~ a~licable stoic ~w gov~g
Financial Coua~lor
21st Montage Co~p
EXHIBIT
~U~-~-~00~ 13:57 ~ST C~NTURY 865 ~2 ~4~
e/o4/o3
607 Market St Suite 521 * Knoxville TN 37902
(865)292-2120 - (800)955-0021
Fax (800)210-0164
LARRY WALTERS
132 QUARRY HILL RD
SHIPPENSBURG PA 17257
NOTICR OF AL~'t.~n~ATION
Loan #: 25028 - 0
S&ria) #: 11~40Z. AB
Dear LARRY WALTERS
On 1/30/02 you onttnd into ! Rot.il Installment Con~act('Contract") fur thc purchase of'one 1~96 D~H
mobile home. The contract or an interest therein, has bern assisted to 21 st lvlo~gagc Cur,potation("21 st MorigaRe").
You have defaulted under thc terms of the Contract and ~here~/ter 'we mailed a Notice of Default advising you of
your right to Gum this d~u]t *'nd of our intent to a~olcmte the mah~ri~ of all the payments due therein, the balance
of thc indabmdanat, if you did not cure your default es providcd in th*' nodco, More than 31 days have elapsed and
you have failed to cure y~ur default. Therefore. thc ~cmaining halenco of your account is bc~cby d~inrcd immediately
duc and payabl*, in full.
Ifpaymcnt of said nmount in the from ofca~ or e..ssbie~s check has not bonn rcc¢iv~l by 5:00 PM EST on 06/16/03
at tbs otT~cc nddms~ of21st Mof~.a~e ns ~ below, 21al ~or~go v,~ ta]~ anglo to ~isc its rlgbt t~
lawfully ~ thc borne and taka such other action to enforce its ri~t a~ permitted by applicable law.
In the event of repossession, thc collatorg may hc disposed of by public or private sale in s commercially reasonable
manner and if the net pt~esda of such s~le are insufficient to pay' offyom remaining it~debtedne-.~s, suit may be
instituted to ~cov~ the cteficioney balance together with coral costs and attorney's fees expended,
Pkuc Ise edv~,.4 ~,utber that this lettor constimMs ~i~ a dc~d for pa~t of~c ~pd~cd debt ~r a nodcc
offal li~ili~ ~ ~y ~i~l h~fwho mi~t ha~ ~ved a ~h~e of such debt m account ~
a~li~blc ~p~ laws or who mi~t ~ ~bj~t ~ ~e au~adc s~y of S~fion ~62 of~e United 5~s
B~p~y C~c. ~ I.t~, is ~ ~t m any such pmi~ ~mly m ~mply ~ appli~ble state law go~ing
Fiuemia! Court. lot
21st Mo~gage Corp
PAYMI~I'I~ SHOULD BE MArt ~ TO:
21er
l'.o. ~=s 477 EXHIBIT
~.-----,'UI=. 'TN 37901
PIOSA REILLY & CAPEHART
ATTORNEYS AT l~W
MICHAEL J. PIOSA
THOMAS E. REILLY, JR
THOMAS A. CAPEHART
ONE WINDSOR PLAZA, SDftE 202
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
TEL: (610) 530-7500
FAX: (610) 530-8190
TO: Larry Walters:
We have filed this complaint against you on behalf of our client, 21 st Mortgage
Corporation,.
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 $53,348.14 as of August 15, 2003.
21~t Mortgage Corporation, 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.
Please note that if you have filed a petition in bankruptcy or if you have received a
discharge in bankruptcy, this notice is for information purposes only and should not be considered
as an attempt to collect the debt against you personally.
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,
EXHIBIT "E"
SHERIFF' S RETURN - REGULAR
CASE NO: 2003-038].1 P
COMMONWEALTH OF PENNSYLV~2qIA:
COUNTY OF CUMBERLkND
21ST MORTGAGE CORPOP~ATION
VS
WALTERS LARRY
V WEARY ,
Cumberland County~Pennsylvania,
says, the within COMPLAINT - REPLEVIN
WALTERS LARRY
DEFENDANT , at 1322:00 HOURS,
at 132 QUARRY HILL ROAD
SHIPPENSBURG, PA 17257
LARRY WALTERS
a true and attested copy of COMPLAINT
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 2nd day of September, 2003
by handing to
- REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this /?~ day of
So Answers:
R. Thomas Kline
09/03/2003
PIOSA REILLY CAPEHART
By:
Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
21s~ MORTGAGE CORPORATION,
Plaintiff
VS.
LARRY WALTERS,
Defendant
No. 03-3811 CIVIL
REPLEVIN ACTION
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Kindly issue the Writ of Possession in the above matter on the 1996
Dutch Mobile Home, Serial Number 11540ZAB and located at 132 Quarry
Road, Shippensburg, Pennsylvania 17257.
PIOSA, REILLY & CAPEHART.
Attorney for Plaintiff v
Attorney I. D. #41668
One Windsor Plaza, Suite 2~
7535 Windsor Drive
Allentown, PA 18195-1014
(61 O) 530-7500
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3 ! 60 - 3165 etc.)
21~t Mortqaae Corporation
VS.
Larrv Walters
132 Quarry Hill Road
Shiopensburq, Pa. 17257
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.03-3811 Civil
Costs
No.
Att'y.
Pl'ff (s)
Prothy.
Term
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession
following described property to:
being: (Premises as follows):
$ 124.78
$
$ 1. )0
f the
Plaintiff (s)
1996 Dutch Mobile Home, Serial Number l1540ZAB and located at
132 Quarry Hill Road, Shippensburg, Pa. 17257.
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defe
dant (s) and sell his/her (or their) interest therein.
Date October 21, 2003
(SEAL)
Curtis R. Lonq
Prothonotary, Common Pleas Court of Cumberland County, Pennsyl ,ania
Deputy
0
m>.lm
oo~1,
~ ~.1
virtue of this writ, on the
cause~he within named
day of
have po~'ession of the premises described with the appurtenances, and
~ Z
Sworn and subscribed to before me this
day of
Prothonotary
So Answers,
Sheriff
By
Deputy
2lst Mortgage Corporation
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.03-3811 Civil Term
No. Term
vs. Costs
Larry Walter~ Att'y. $ 124.78
132 Quarry Hill Road Pl'ff(s) $
ShiDDensburq, Pa. 17257 ~ Pr0thy. $ 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:
?lGt' M~rt-g~g~ C~rpora~on
being: (Premises as ~llows):
1996 Dutch Mobile Home, Serial Number l1540ZAB and located at
132 Quarry Hill Road, Shippensburg, Pa. 17257.
Plaintiff (s)
TRUE COPY FROM RECORD
In Tastln~my ~vhareof, I ~ers unto se{ my hand
and t/~ ~1 of ~ ~t at C~{~, ~.
his
~oth~omrv
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date October 21, 2003
(SEAL)
Curtis R. Lonq
Pro~onomry, Common Pleas Cou~ of Cumberland Count, Penmylva~a
BY: (~a.~j,e.c., O. ~/z.c,2
Deputy
virtue of this writ, on the
caused~he within named
~-.~0
_ day of
have possession of the premises described with the appurtenances, and
Writ of Possession
Sheriff's Costs:
Docketing 18.00
Poundage .95
Proth 1.00
SUrcharge 20.00
MilageL' 8.28
48.23
ARANB~NKD,
, tO
no action taken in six months.
Advance Costs: 150.00
Sheriff's Costs:48.23 -
101.77
ROfl,ndod tn Arty op 4/29/04
Sworn and subscribed to before me thi! ·?& L£ ~
day of ~ ,.O--OOh' .qjiu_~,~ :
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
21s'r MORTGAGE CORPORATION, )
)
~aintiff )
)
LARRY WALTERS, )
Defendant )
NO. 03-3811 CivilL Term
MORTGAGE FORECLOSURE
PRAECIPE AND POWER OF AITORNEY
FOR SATISFACTION AND/OR TERM[INATION
TO: PROTHONOTARY- CIVIL DIVISION:
You are hereby authorized, empowered, and directed to en~r, as indicated, the following on
the records thereof:
X
The within suit is Settled, Discontinued, Ended and costs paid.
The within suit is Settled, Discontinued, Ended WIT/_-I Prejudice and casts paid.
The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and cmts paid.
Satisfactim of the Award in the within suit is ackno~[edgeH
X__ Satisfactim of Judgment, with interest and costs, in fl~e within matter is admowledged.
Date:
gnature of a~thon~lra..rt~ 7
ThomasE. Rm}y, Orr., Esqtare !
Attorney fcr Plaintiff
COST PAYMENr VERIFICATION
I UNDERSTAND THAT THE ABOVE ACTION CANNOT BE FILED AND DOCgETED UNTIL ALL COSTS
HAVE BEEN PAID. INCLUDING SHERIFF'S COSTS: AND HEREBY VE~6FY THAT ALL COSTS HAVE BEEN
PAID. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE M~DE SUBJECT TO THE PENALTII~£~'
OF 18 PA. CS. SECTION ,~oa RELATING TO UNSWORN FALqIFICATION TOAUTHOR1TIES.
Sigmture ~