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HomeMy WebLinkAbout09-7883IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BB&T CREDIT SERVICES, INC., Plaintiff, CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: CR- 7883 Civil lk *I vs. AMIE M. METZGER, TYPE OF PLEADING: Complaint in Civil Action - Replevin Defendant. FILED ON BEHALF OF: Plaintiff, BB&T Credit Services, Inc. COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis, Esquire Pa. I.D. #00501 DAVIS DAVIS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 F:\DOCS\20843\090133\0911061.COM lad IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BB&T CREDIT SERVICES, INC., ) Plaintiff, ) VS. ) AMIE M. METZGER, ) Defendant. ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.. 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BB&T CREDIT SERVICES, INC., ) Plaintiff, ) VS. ) AMIE M. METZGER, ) Defendant. ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO.: Oq - 773 Cam 'Fe-- COMPLAINT IN CIVIL ACTION - REPLEVIN AND NOW comes BB&T Credit Services, Inc., by and through its counsel, Davis Davis Attorneys, a professional corporation, and makes this Complaint against the named Defendant and avers as follows: 1. BB&T Credit Services, Inc. is a lending institution duly authorized to conduct business in the Commonwealth of Pennsylvania with one of its principal offices located at 1 Piedmont Road, Charleston, West Virginia 25301, hereinafter referred to as "Plaintiff." 2. The Defendant is Amie M. Metzger who is an adult individual whose residence is 1021 Teakwood Lane, Enola Pennsylvania 17025; hereinafter referred to as "Defendant." COUNTI 3. On or about November 26, 2005, Defendant purchased a 2006 Mitsubishi Eclipse, Vehicle Identification No. 4A3AK34T16EO30931, and entered into a written Agreement for the payment of a portion of the purchase price. A true and correct copy of the aforesaid written agreement is marked Exhibit "A," attached hereto and made a part hereof. 4. The aforesaid written agreement provided for the retention of a security interest in the vehicle by seller. 5. The aforesaid written agreement was assigned for value to Plaintiff. 6. Plaintiff perfected its security interest in the aforesaid motor vehicle by placing an encumbrance on the vehicle, which is noted on the electronic filing. A true and correct copy of the aforesaid confirmation of the electronic filing is attached hereto, marked Exhibit "B," and made a part hereof. 7. Plaintiff avers that the value of the aforesaid vehicle is $10,000.00 and that said vehicle is in the Defendant's possession, but its exact whereabouts is unknown. 8. Defendant has defaulted under the terms of the aforesaid written agreement by failing to make payments when due. 9. Plaintiff is entitled to immediate possession of the aforesaid vehicle and has demanded same from the Defendant, who has failed and/or refused to deliver same to the Plaintiff. WHEREFORE, Plaintiff claims judgment for possession of one (1) 2006 Mitsubishi Eclipse, Vehicle Identification No. 4A3AK34T1 6EO3093 1, with interest, costs, attorney's fees and damages for the unjust retention of said vehicle. COUNT H 10. The averments contained in paragraphs 1 through 9 of Plaintiff s Complaint are incorporated herein by reference as if fully set forth at length herein. 11. The balance due and owing on the November 26, 2005, agreement is as follows: Principal $7,988.33 Interest due thru 11/5/2009 $ 301.03 Attorneys Fees (20%) $1,597.67 TOTAL: $9,887.03 12. Under the terms of the aforesaid agreement, Plaintiff is entitled to interest at the rate of 8.99% per annum. WHEREFORE, Plaintiff demands judgment against the Defendants in the total sum of $9,887.03 with interest at the rate of 8.99% per annum from November 5, 2009, plus costs. DAVIS DAVIS ATTORNEYS BY: 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 Attorney for Plaintiff VERIFICATION I, Reed J. Davis, Esquire, state that I am not a parry to the action but that at the request of the Plaintiff, and based upon knowledge, information, records, and documents supplied to me by the Plaintiff, the averments set forth in the foregoing Complaint in Civil Action - Replevin are true. A Verification executed by Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. (Page 3 of 19) EPSTALLMENT SAL jaNTRACT AND SECI10- A^ ^ - - RTZB Lm rlame First Norte Promlee to Pay: You promiw to pay us the Amount Financed shown bole* 9441-0679681 he Annual PerawaoRdealwo ft 'oYf' n AIaN1AL adit IrN1AT CNAFNiE The dolor amour" the I ycu a you Amour"FMwrwa The amount of tv provided toyou H i T Thill havel have idw ? as I ? Total Sao Mce The total cost of your Purdrse Qt . i?r(d1M1 ing your of a yearly rate PaY Schad rt( 13000 00 aehedulsa . or $ - 8.99 9t I a 4697.90 35895.46 Payments: You wig repay this r, her. in 63consecti ive monthly payments of E 363.42 commencing nFrFNRFR 26 9nn5. Security lntsrsst: You give us a security interest in the property being purchased. Prspayatsnt: If you pay off early, you wili not have to pay a prepayment penalty. Late 110W. N payment is not paid in full wft 10 days aller Nis due, you x111 pay a We charge. The dtage will be 2%per month of the part of the paymeM that is late, igued lased on afut oalerh I month for artypert d a morlh flat is mare filen 10 days. otim Terms: You must raw to the reverse side of liars form for additional i dormatlon about norlpe)maM, di auN ,end any reouired yammer t of this obligation in fili before the scheduled date. do not aaest 1. Cash Pace of Vehicle 29099.00 a. Vehicle Cash Price $ b. Sales Tax s 1053.06 c. Total Can Price $ 30152.06 2. Down Payment a. Cash $ 100D.00 It. Trade-in Allowance $ 12000.00 Less: Amount Owing $ NIA Net Trade•in:e,.M..¦ vw-w $ 12000-00 Trade-in: 1810A TA " 2 2 I Yew c. Total Down Payment $ 13000.00 3. Unpaid Balance Of Cash Price s17152.05 4. Other hems Financed (Seller may retain a portion of these charges to the axiom permitted by law) a. To: oS N/A ( or negative egaly, b. Credit Life Insurance $ N/A IDIOM lilt A c. Accidem & Health Insurance $ N/ d. Optional Service Contract $ 968.00 To: UNIVERSAL l1NDERNRITE 120 - N A Term Deductible a. Gowntment Ceffm* of Title Fees S 22.50 1. oovemment License andfor Registration Fees g. Other Charges mwwwvrwrwh..rddtndatM.va.w.t: To: N/A For N/A $ N/A To: YORK MITgu _DOC FEE. $ _ 5, To: N/A For N/A s -----ALA 1. Total Other Items Financed $ 1045- 5. Principal Amount Financed (3 t 4(f)) $ 18197.56 6. Finance Charge s 4697.9D 7. Time Balance (51` 6) f 22895.46 NOTICE REGARDm PREPAYMENT You may prepay all or part of the amount you owdi under this Comraet at any lime whahoun permlgr. atwr llM.tl ..toy.... robet s u peemed finimiee Merges. N you default and Seller repossess" the propa1`ty Seller may (but need not) slow Own......... -1 h.* wnd 1`W nwsas this Contrast Cfedn InSUM are: You are not rsrprired to purchase(?edit life or accident and hearth irsurenco. Upon the death of the insured, credit life s the scheduled unpaid Pat of the AMc not Financed. During the dlsabilly of the Buyer and sub(ect to the benefit waiting rance a i p y nsu parlod, !content & health irmurartce pon the scheduled month Type Prernh.tt TMm 64n..rp1 Credit Single S N/ BYeiprdrhD,youae9ctcredltllarsaanee. ,torn S Aoddert arch HaMh s NIA N/A talrfl a(>ditm aid hem kmamoa. Property Mrhrartes: You may obtain property irua race from anyone acceptable to Saw DablCaftaM?on(1ovsmpe(CsuaraideadAubP?aMdon-13 ): You amnotreghiredtoWrcness Debt Cancellation Coverge.DW$CotcWloon t s Cowa6ape pate to unpaid Part of the Amount Financed I the property has been damaged and prop" insurance is not aftient to covert he Shyan .arnanrlp Mbaty wow the Comrad. So" GAp andurn or coulpt" details of your GAP cove(age. The be for Debt Can oslid n Coverage Oahl to a terms a cone on (et sides o the contract: You nee to a '4A3AK34TI6E030931 ? ECLIPSE e e r stta W wt.. NITSU n ieai 2 T,IO ul NEW n rmee 0 Aue Tree. 0 m"ol Tres. 0 NM. etarinao hula. &yMSO Pw. wild Mr3 Air CoMSwa10 0 MY nhxnb.r .._..- .., H,. c.eer ...1`,.s. interest in the form of a recorded first fien on the title to the Properly, or in accordance with flee Unitornt ieuo Percentage Fiat* may be nsgoloble with the Seiler. The Sailor may assign this contract and rosin ills right to at the Finance Charge. No Liability Insurance Included Notice to Buyer. Do sign is con fact In blank. You are entitled to an exact copy of t e contract you sign. K tto pptDtecty0 r"Irights. Y NITSI BISHI AMIE M METZGERI 1 26/. 9.r" tl 1r" I....e. Y1e„M OI1111. r...l..irr. a- H LipeM. a-) 8y 204 VALLEY ROAD SUMNERDALE PA 17093 1170 LOUCKS RD OX 7248 aw.+:sa? co.e) YORK PA 17404 BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND RECEIVED AN EXACT AND YOU TERMS, OF THIS NCLUDINNTHOSE THAT AGREER ON THE REVIERSE SD SEVERALLY BOUND BY ITS A' F r- NFT7r tnss„o,? w,w H avrr. Norratryer Co•Oanher of City: You agree rutty bound bythe scarily irt9rest provisions of this contract, waive presentrr9 . demand and notice of dishonor, and agree to any extension or extensions of time that may be granted in connection with this contract. e- zoo Gwronly:ByaorrigWow, youguaru?epaymentandperiormanceofatloftheof selMMint eagreemeal.wtnepresennmrhtdemand, notice of dishoror, and the benefits of arty Slats exartption law as to the PmPwty berg purchased, and agree to any 6091`10011 of tlmeorCOW nodfit- cations that may be granted in connection with this agreement. a.MMlb,.t Warr. M- c.1` sib Z.PCft a,,.t..:(_L7,17)732-5781 sttrw a Hale r.te: (_ ) F1tma.1360EV.mOtee ORIOa1AL E-& kI1`/` it (Page d of 19) ADDITIONALTIERYS (PENhKSYLVANIA) einencxe Chrgew This is a simple fiance charges contract Finance charges will accrue on the unpaid balance on a daily basis. Pay- merhte will be applied first to accnwd finance cwges, then to Principal, than to late charges. if any. Monthly payments made before or after the due date win asset the amount of interest pad. The #W payment may be more or lees than the originally scheduled amount, deparhd- fng on the timing of earlier payments relative to their scheduled due dates. Notification of the final payment amount will be mailed. The Saner may raisin a potion of the finance charges. The APR may be napotiable with the Seiler. Definffbrts:'f ; your and •youre refer to the BWer(s).'I; 've; 'me• and *us• refer to the Seller or the Sellers and anyone to whom the Seller assigns this comma Security; Ommrdap and Care of property: You also give us a security interest in any pans or things you add to the Map" described on the halt of this agreement. as wN as in any unearned insurance premiums and/or service contracts. We will keep title to the property until you here repaid you contract. During this lime, you agree riot to sell, lease or gee the properly to anyone else, nor albw anyone to obtain a Claim, lien, or security in rash against IL You agree to use it carefully and keep it in good repair. You agree not to move the property from any of the addresses lisrod on to front of fhia agreemerht. except for temporary periods or upon wdllen notce to us and with our written approval. You agree not to nee or permit anyone to use the property, as a taxi cob or delivery vehicle or In violation of any law. inssrarws;Teter: You shall rrnakh bound by this egrernem wan If IN property Is lost or damaged. You agree to maintain coblebrh and WMPF"MW Irhalr113= and Otlherwrlse WBM ft properly against dais es we may require. The aaurenee policies must name U6 as the less payee. The pdMJas flap also ay that we Will be notlMd within ton days if to krourance is canwNd.lbu shah deliver the policies to na at our request. If the property Is lost or damaged, we nay use fie Insurance Proceeds to repair or replace lt, or to repay any amounts you owe us. We may act on your behalf in making and setting insurance Calms and we may also your name(s) on any draft drawn by the insurers. You shelf pay all taxes and boa on the property when due. N you fail ID do so, we shat have the right (bul no obligation) to insure the property or pay any ax or fee and you shat reimburse us with merest at the annual percentage rate you are paying on this contract. Prepayment: You have the right to repay the unpaid balance in full or in pan at any, time. Default acrd Repoaaatrion: You will be in default: 1. If you fat to male any payment within ig days of Its due dab. z. It you break any other promise, you hove made to us In this agreement or in connection with any other agreement with us. 3. If you due, tracers insohrert, or any of you property is the subpot at a proceeding in bankruptcy, moovership or reorganization. 4.1 any peparty esarkgthisagmawrert is lop, OWN. subwntl* dartnged, destroyed, add, orco ted by goverment autodtes. 5. N you make any false or maMatng statsmwWs) in connection with this aprosnhem. It you are In default, we may consider all emaMing payments to be due and payable, without giving you notice. You agree that our rights of possession will be seater than yours. You will deliver the property to us at our request, orwa may use lowtul mean to take it ourselves without nation or utha legal action. We may adl the property, after giving proper notice to you at your most recen address an our records. We may apply the proceeds of to sale tohafd whet you eve us. You agree to pay the dit erance between to sale proceeds and what you owe us. We may claim beans under any, imulance policies and/or service contracts and terminate them to obtain refunds for unearned draws. To the extent permitted by law, we nay add to what you owe us army fees paid for the costs of repossession and sale or for enforcing your obligations. M the event t becomes necessary for counsel employed or retained by us to Irattue Waal proceedings to collect your obligation or protect any security. you agree to pay our attorneys' Wes and the court coals we incur in enforcing our rights under this agreemaht to the exismti pan. ited by law. Trade-in: You certify tat you own free and dear, except as diced to us, any tradeom property described on the front of this agreement. Law That Applies, OtterTams: Pennsylvania law and federal taw govern this agreement. It we accuse we dot" by you that will not excrae later delala. Ybur halts and representatives will also be hound by this, agreement. You wawa the benefit of any stare exemption low as to the property being purchased. N any part of this contract beaanes illegal or unts lb W9, that Illegality or unerdorceaWity shat rho atlep 00101 n(Wot to rloraact. Th" as no wsrrarhdee by tNlr, expressed or implied, Including warranties of namdhattabNhy, and fI1Mes for a pertioulr purpose. N, hownw, we males a wpil m warranty covrteg the vehlole mr, within 90 days from the dale of this oontreot, are extend a aavip contract eowsing the "Iles, to esckaion of wartanht re elan not affect any implied warrentles daring the term of the applleeble wd ten wnrramy or as uke orhhe I NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINSTTFE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECITr- ERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ASS ONAAENT Seller sells and assigns this inata lmerht sales contract and security agreement and an Seller's right, title and WWW in the motor vehicle herein deacdked to SBAT Credit Services, inc., ('Lender. Seller represents and warrants that this agreement iron from the sale of the motor vehice, and Is genuine, accurate, enforce". and the only agreement executed by Buyer for the motor vehicle: that Buyer is of the age of majority and otherwise had legal capacity to contract: that Lender shat have a valid first lion an the mote vehicle sold under thin agreement; executed by Buyer for the motor vehicle agreement-, that all statements contained in this agreement and in the Buyers credit application are true and sorest to the best of Sailers knowledge and balish; that the motor vehicle has been delivered to and accepted by Buyer. tat Satyr knows of no defrae, weds or counterclaim available to Buyer: that no consideration other than the motor vehicle described has been or will be advanced to Buyer in connection with this transaction; and at the time, of sale, Seller was vested with absolute title or absolute aulhorty to sell to vehicle go Buyer tree of all bons or security interests of any person. Seller apes; to indemnify and hold Lender harmless from all loss, expires and liability incurred from any breach of Saber's waamies above or incurred because of any chum or vioWton of any federal, state or local statue, rule or regulation, regardless of Saber's knowledge or lack of knowledge thereof and regardless of Landers knowledge or Iadk of knowledge thereof. including, but at limbed to, those related to mthwin-lending disco- sum, uhhfak or deceptive acts or practioes and equal credit opportunity and in accordance with and subject to the tams and cahdftions Checked below: WITHOUT 11190OURSE ? WITH RECOURSE: Undersigned guarantees prompt and full performance of all the undertakings and obligations thereunder of the Buyer therein nand. ? FULL REPURCHASE: WNhcut moasse except that undersigned agrees to repurchase the motor vehicle, the unpaid portion of the purchase price of which is represented by this agraenant, @Asct to the terms of Lenders agreement with the undersigned. ? PARnAL ItEPiuRG1AsE: Without recourse, except that If the motor vehicle is repossessed, with an unpaid potion of purchase price as represented by the within agreement, undersigned will pay such unpaid balance of the purchase prim and receve the vehicle, at in live thereof, will pay on demand t and relinquish all rights to the vehicle without fuller obligation. H motor vehicle is not repossessed and Buyer is in default, his whereabouts either (mown or unknown, undersigned will pay to Lander an demand arty amount due an the purchase prim up to the dollar sum mentioned in this paragraph, and will relkhquish all rights to the vehicle without ihather obligation. Undersigned hereby waives protection under any underlying dealer agreement. ? LIN.a= REPURCHASE: Withol recourse except that if the Buyer nand therein falls to pay installments, undersigned vdll purchase ft.. r evehicle, the unpaid potion of the purchase price of which is represented by the within agreement. abject to the terra of Larders dealer agreement with the undersigned. Signed By - (SEAL) Dealer Tide F1fetW1%rlFw.eleaa) w b y lD Et' fD n O n Gy 1•+ r (D n n n V n O CD C w y b v fD n n G n 0 w 0 w C N 8 o ? z rt ? vl m = ? a o? 3 3 r O N O Z €: m n n n a m O o+ S m =r vvv? =? 3 a w N D W 3 ? ? N N ? ? ? I C r r pr r Ot Ot O O -i N a ` ° Os w m ? O O O ? N n = N (A Ln i t" t H 3 3 U O a 0 m 3 n V m G) 1 {_ a y m z 7 m 3 ., (DD Ch N V j O A. i0 V O X ?D 1 m rt ?' n r D m 0 m ? ° v a a t ? ?a p U)i m o m (n m m = ?' a 0 a ? ? 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CD n n O n O w w_ to w b S. n n O n 0 w CD hj W CD N S ?O 1-J N N IJ N N 00 00 v v O O V V 00 3 3 Ln fn ( ) (A U) m m 3 3 0 0 m m (D 0 0 C) C) 0 0 m m N - N 0 0 a N 0 D O N 0 f C m 0 R m O 0 En 0 D n R LA 0 n Z © G (D cn C CD x O n O ID 0 n 3 rN Ln 0 L/i < a (D t Ul ( , 4 C Ln ( D E R R n n 3 h CL o o 0 l m I o 0 m t o 7D ID 0 C a 0 _ 0 0 N : 0) 00 CA o Ln N O N ` O - V1 !' W !? N r O O O Q f n Ln ( 00 O 7 N O W T D p cr Q D Q OL Z Q b w d CD N G N OF TH, E 7-: 2009 NOV 12 PI'S : 16 2 *?8.5o POATH a* ASNSO SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?s?3?i?x o[ ?Irlnbirf?fi? OFFICE' FT..? S?SRIPF RLED- CY FiCE CAE THE P ty i F `'?1.0T)V 2044 NOV 19 PM 12: 58 PEWv, ' "1~'tiAN A BB&T Credit Services, Inc. Case Number vs. 2009-7883 Arnie M. Metzger SHERIFF'S RETURN OF SERVICE 11/17/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Arnie M. Metzger, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Replevin as not found as to the defendant Arnie M. Metzger. Current resident of 1021 Teakwood Lane Enola, PA 17025 is the defendant's father in law, he stated she is living in Shermansdale, PA but does not have a current address. The Enola Postmaster has advised Deputies that the defendant's mail is delivered to address given. SHERIFF COST: $46.50 SO ANSWER November 17, 2009 R THOMAS KLINE, SHERIFF jcj CountySuite Sheriff, Telecsoft inc. JAN ? ? 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BB&T CREDIT SERVICES, INC., ) Plaintiff, ) vs. ) AMIE M. METZGER, ) Defendant. ) CIVIL DIVISION, ARBITRATION, AND STATUTORY APPEALS ONLY NO.: 09-7883 Civil Term ORDER OF COURT AND NOW, to-wit, this ~ day of , 2010, upon consideration of the Motion of the Plaintiff for substituted services, pursuant to Pennsylvania Rule of Civil Procedure 430, it is hereby, ORDERED, ADJUDGED AND DECREED that service of original process in this matter shall be made on the Defendant, AMIE M. METZGER, by Plaintiffs counsel mailing by Certified Mail, Return Receipt Requested and by regular United States Mail using Post Office Form 3817, Certificate of Mailing, to the Defendant's last known address of 1021 Teakwood Lane, Enola Pennsylvania 17025 with said service deemed to be effective upon the date of mailing. BY COURT ~D Y ry~,~ll~l. ~( ~ ~~>~~~~ ,~~a~~a c~ N -_. ~ :; ___ ,~ _ ~,:~ ~, ;:, ~, _ - N . a ,--~ _ c~ ~ ~_, ,.~ ~~ ~4, 3 s FlL~€?-C~rMiG'E ~.}~ ~iE P s~~~ ~~TARY ZOffl FEB -9 AH f0~ 50 ~tt ~-,:,: ~~~ ~C ~ij`~`(~~l~,i~iiA Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BB&T CREDIT SERVICES, INC., CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff, vs. AMIE M. METZGER, NO. 09-7883 Civil Term ISSUE NO. TYPE OF PLEADING: AFFIDAVIT OF SERVICE CODE: FILED ON BEHALF OF: Plaintiff, BB&T Credit Services, Inc. COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAMS DAMS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 F:\DOCS\20843\090133\10020301.AffSvc lad AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: BEFORE ME, the undersigned authority, a notary public in and for said county and state, personally appeared Reed James Davis who, being duly sworn according to law, deposes and says that in accordance with the Order of Court dated January 28, 2010, that he mailed a true and correct copy of the Complaint in Civil Action in the above-captioned case, by Certified Mail, Return Receipt Requested on February 2, 2010, to the following: Amie M. Metzger 1021 Teakwood Lane Enola PA 17025 He further deposes and says that he mailed said Complaint in Civil Action by regular U.S. Mail with the Post Office Form 3817 on February 2, 2010, to the same. A true and correct copy of the aforesaid Certified Mail receipt and Post Office Form 3817 is marked as Exhibit "A," attached hereto and made a part hereof. Sworn to and subscribed before me this ~' day of FebruarY.,2010 Notary Public COMMOMNEAL7~ OF PENNSYLVgNIq Notarfal Seal Rebecca Walnoha, Ntnary Public MY Canrr~•' AlkphenY County Member, Penns ~ ~ ~' ~~ 2012 anon of Notaries Reed James Davis J 1 Y T T #' E ~~ # .s 3 ~ ., ~ ~ ~.. '~ ~ Postage $ ,7 n"t C rtitl ~ ~ ~"' e ed Fee ~ v ~ Retum Receipt Fee (EndoreemeM Required) Z 3 ~ ~~ ~ O Restricted De6Vefy Fee n !~Y r? O {FsdoreemeM Required) ~ 7bta1 Postage & Fees .~ ~ ,~ D' Sent To ~ ~ Street Apt. No.; ~ O~ or PO Hox No. j~ 2 I ~ea kc,~ -----•-------------------_-- ~ _~...___ i __..Z ___. C/ty, Stela, Z-P+ 4 ..._...______..__ ~ a I~ :~~ ~r ~ UNITED ST/~TES POST/~LSERV/~E® Certificate Of Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mail. From: 8 ATTORNByg P.C. Snits 8pp ° A 16~g To pay fee, affix stamps or meter postage here. To: ~l D. Jam' /~/~~_ jam., Q~ Pos~rtt°~FRsVierB i;n °' .,~ ~v . ~~ ~ ~ -! rv` rv PS Form 3817, April 2007 PSN 7530-02-000-9065 'TY k 1 ~,'~'~, EXHIBIT o CU41 David 1D. Buell Q Renee R Simpson Prothonotary �_ 1St Deputy Prothonotary O 91�Ra►� ;`i Z p J �irkS. Sohonage, E'SQ � Irene E. Morrow Solicitor 7750 2"t'Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania OQ 7883 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fad(717)240-6573