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HomeMy WebLinkAbout09-8818IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mifflin County Savings Bank, Plaintiff, V. Thomas G. Bartels, Defendant. CIVIL DIVISION No. 64 -4?e1 S 1, l U i 1??F2. Complaint in Civil Action - Replevin Filed on behalf of: Mifflin County Savings Bank Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mifflin County Savings Bank, Plaintiff, V. Thomas G. Bartels, Defendant. NOTICE CIVIL DIVISION No. O 9- M('?- C w, l `fe.I w Complaint in Replevin THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 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, 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 OFFICE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Mifflin County Savings Bank, ) CIVIL DIVISION Plaintiff, ) No. Q _? ??r ?cC??, V. ) THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND Thomas G. Bartels, ) ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN Defendant. ) BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. COMPLAINT COUNT I - REPLEVIN AND NOW, comes Mifflin County Savings Bank, by and through its attorney Erin P. Dyer, Esquire, and the Dyer Law Firm, P.C., and avers the following in support of its Complaint in Replevin: 1. Mifflin County Savings Bank, (hereinafter referred to as "MCS Bank" or the "Plaintiff") is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania and has its principal place of business located at 19 North Brown Street, Lewistown, PA 17044. 2. Thomas G. Bartels (hereinafter referred to as the "Defendant") is an individual whose last known address is Southampton Manor Mobile Home Park, 21 Short Lane, Shippensburg, PA 17257. 3. On or about January 2, 2008, Defendant purchased a 2007 Champion Manufactured Home, Serial Number 007000H017600AB, (the "Mobile Home") from Bonnie Heights Homes, Inc. (the "Seller") and entered into a written Manufactured Home Retail Installment Contract (the "Security Agreement") for the payment of a portion of the purchase price thereof. A true and correct copy of the Security Agreement is attached hereto as Exhibit "A." 4. Seller assigned its interest in the Security Agreement to MCS Bank. MCS Bank recorded its first lien on the Certificate of Title for the Mobile Home with the Bureau of Motor Vehicles for the Pennsylvania Department of Transportation. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B." 5. Plaintiff avers that the approximate retail value of the Mobile Home is $43,000.00 and that the Mobile Home is in the Defendant's possession and believed to be at the Defendant's address as stated above. 6. Defendant defaulted under the terms of the Security Agreement by failing to make payments when due. 7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile Home is attached hereto as Exhibit "C." 8. Defendantfailed to cure the default or return the Mobile Home upon Plaintiffs demand. 9. As of December 8, 2009, the Defendant's payments of interest and principal were in arrears in the amount of $2,128.94. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of December 8, 2009, is $41,329.69. 10. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of the Mobile Home. 11. The Security Agreement provides that in the event of default, Defendant will pay: a. the reasonable attorney's fees of seller or of seller's assignee, provided that prior to commencement of legal action such fee shall not exceed $50.00; b. court costs and disbursements; and c. costs incurred by seller or of seller's assignee to foreclose on the Mobile Home including the costs of storing, reconditioning and reselling the Mobile Home. 12. In order to bring this action Mifflin County Savings Bank was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Mifflin County Savings Bank, requests: a) judgment against the Defendant to recover possession of the Mobile Home, plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses the Mobile Home and resells or otherwise disposes of the Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the Mobile Home, less expenses. COUNT II - DAMAGES Byway of separate and alternative pleading, Plaintiff, Mifflin County Savings Bank, alleges the following: 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though fully set forth. 14. This Count is brought in the alternative to the relief sought in Count I. WHEREFORE, Plaintiff, Mifflin County Savings Bank, requests: a) judgment against the Defendant in the amount of $41,329.69 with interest and late charges plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses the Mobile Home and resells or otherwise disposes of the Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the Mobile Home, less expenses. - <9"A oN--Ww Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 L:\Alliance Credit, LLC\Bartels, Thomas\Complaint.wpd VERIFICATION Erin P. Dyer, Esquire, on behalf of Mifflin County Savings Bank, as its attorney deposes and says subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing are true and correct to the best of his information and belief. He signs the Affidavit on behalf of the Plaintiff because the Plaintiff is outside this jurisdiction and, therefore, the Plaintiffs Verification cannot be timely obtained. Upon request, the Plaintiff will provide its Verification. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAAlliance Credit, LLC\Bartels, Thomas\Complaint.wpd 12/08/2009 17:05 FAX 3308219110 ALLIANCECREDIT MANUFACTURED ROME Seller F21 e'r Thomas G. Bartels RETAIL INSTALLMENT CONTRW Bonnie t1sightm Homes, Inc, ritattpboo ? Mobile Flom. park PENNSYLVANIA 31 Walnut Bottom Road Short Lane No' Shippennbulra, PA 17257 ppeneburg, PA 17257 Date ?t ^ `We" and 'w" me -,z V Its successors and aacspmabove. " anu' and "your mean each Buyer obi and nuaranro.. oo,?.oor„ ..A n- SALE: YOU fee 10 Prdtase from use the rnanUtactured home damilbsd below, 1419911101F with the related aerviptrs, fumlahlr", applianoas, and 90*045odes I( below (mggthsr referred 10 as Marufaclured Home')). Your ploftft a of the M¦nuf¦cturolrl Home Is subject to the terms or thle Contract, "4ontract" means inls f)eeument and any separate doCUmonl Ihal seeurea this ContrsoL ¦ a , un war r r Clerlal Number Length Width Color 'J Now o?Ts a'b/d Go ou7 61t7d t7/7&I 28 C.G.r4 .sd !4 Servbee, fumlahlnpe, appliances, and acoeaeor(ea Inc lude: U ©Tless and Whoels ClAxles CR%flpararor ? Oven/Mange ? W4@her ? Dyar ? Awning(e) 2?u0 Unit(s) 19'skirting WAmworyShed 90rrfcsi -- ?'otner ? .t- PROMISE TO PAY AND RAYM@NT Y8RM 1: You promise to pay we the principal amount or s 40,727.50 on the unpaid balance at the rute(g) of 1 75 PINS Interest per year until the final achoduled payment data, Inleroal will boom to soon,e on and will aaorue on a . 365 day basis. ARer the final wheduled payment dale, Or gfler you dalault and we demand payment, we wig earn Interest on the unpaid principal balance et the rate of 13.75 % par year. You a r.. to? pay this Contract occordinp to the payment Schedule and late charge provisions shown A lhs TRUTH IN LENDING DISOLOSIGIE9 YOtI slgo sgreo lopay any additional amouttte according to the tarts of this Contract A late charge. M provided In the TRUTH IN LhNDING DISCLOSURES. will be unposed only once on a late peymenl, A [ate Charge will not be oolleeled at the final scheduled psymsnk but Intsrast wig aonlinu¦ to aoprtis at the sloacable contract raja, Q ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of ® that will be ? pald h oeah. ? financed lass ITEMIZATION OF AMOUNT FINANCEu), ? paid proportfonatlly wllh each payment. DOWN PAYMENT: You apnea to pay or apply to in@ Cash Price, on Or baron today's data, any cash, rehabs unit net two-in va g dasortbed In the ITEMIZATION OF AMOUNT RNANOM O ESCROW: You Q may, jwl ens not NgUited lo 0 must pay certain ellpet>ees; arts lase from an nomw acocurt, if an eaaow accou ni Is salabNshea h will be governed by a separate Agreement. PERCENTAGE Rltl --"" - 1101^6vrrATmCN1d TOTAL SALE PRICE 7E CHARG6 The amount of orodit The entotnt you wIl have The total scat of your purchase on 'rite e0st of your credit as The dollgr, amount Ih0 Provided to you or on pai0 when xxaau have made erpoll, Iheludanp your down payment a yearly rate, credt will east you, your behalf. al acheduledpayrnerns, 13.79 % 55,070.74 40,147.50 ®45r218.20 8 x0.000.00 a meat Q16d-UI Vouf ixtmari schedule will bs Number "aymerm Amount of Pa ntamm Whcn PA mente Is us ISO $528.99 litre on '' aF V-ak 2008 std an 2 O2 egch IIIm1}I Baeurilyt You are giving A seoudty 113121`991 In the geode or property being purchased, Q You are giving a sacuft interest In the raafpropmty, at 11 Late Charge: N a psymem Is more than 1 days late, you wart be ehsrgecf he le of the unpaid amount in, MIn Prepayment: If you pay on thla Contract early, you Will not have to pay a penalty. 11 you PAY Olt thin Contract early, you will not be entitled to a refund of part of the Adiftnal F(nanoa Charga, on IN SS odPTIONhNrmD?ene buying year Menulaefured Home Q may subject to bondflona be allowed to EM cannot assume finis 00 traOt A i Contract PrOYlalena: You oan see Mte terms of this Contract for any additional Informellon about nonPIwmenu j Contract, any ro ufrscl b before the sOhedulad dare, and prepayment refunds and enaftlea. , b'Is" a terms of title the e' means an eetktlal0 BUYER RESTRICTIONS: If you do not most tfwe Oontraces obllpetlons, you may Ions the property that You bought In this sale, SECURITY: You give USA security rnhre? ? the ManN?oSUned Harm (nit eeflnad ebavs Unaws ProfflWtstl bY taw, fra Prese acoMlons to Inc Manufactured Home. Aeceeslons will not yy ??IavNiruseaaccredlity Pracrlcea Rule, i 6 C.F.R. 444, d we do not finance the purchase h?llde -household goods- as oatidaoQn the FTC Credit Ioco your house and Ifro real eawllbeyydescribed In any motgao¦ or deead of trust (I Shy) ?? if you do 1301 moat your Contrem Obligations, you may TRUThia TH Con E DING also DISCCLOBURES eparate ?Kgago of rked of trust dated on real estate, as shown in the The term 'Propeny^ means all property saawring thlr ` URANCE Cradl and CR?ae aresnot requlred to obtain crleclK You w 9 r 7 FINANCED file insurance and Credit disability Insurance unless yo. EXHIBIT "A" 16 an r t nn rn to nnv IAA nrrfllll, l nprnlum If vnii arnr 41inh Im TO'd ' 1? 1003/008 VCt91 600Z-60-02C 12/08/2009 17:05 FAX 3308219110 ALLIANCECREDIT on fie orIp contract You can SSA the terms Of thle Oontract about nonpaymsn6 breaking tit. terms of this 7attics. °e" means an estimate BUYER RESTRICTIONS: if you do not MGM this Contract's oblfgalione, you may lose the pro err that you bought In this sale, SECURITY; You give us a aer uaty, interest In the Manufactured Nome (as defined above). unless peonbfted by law, you also gfva us a security interest in all proaont and future accessions to the Manufactured Hams. Acosisolone MR not fnolude luxisehold geode' w dented In the FTC Credit Practlosa Rule, tb 0,111. 444, k we do npf llnance the purchase of such houeshold goods, If you do notimoot your Oomract obilgANOna, you may lose your house and tho real cede doicribed In arty mortgage or dOed 01 wet (M any). separate mortgage or Good of trust dated on real estate, as shown in the ?Tm Contract LENDI a afro 8UYyRE6 0TheTterm "Property" wahine 0 property securing this Convaot, CR90IT INSURANC& Credit Ni insurance and credit disability IneursnG?e Aro not ram"d to main credit. You will not rscalva are life Insurero9 and ttr? dfaaemty Insurance unless You sign and agree to pay the additional premium. It you want sum Insurance, we will obtain It for you Of you quallfy for coverage). We are quoting below ONLY the coverages you hBvC chosen to purchm, Credit Litt: Insured ? Single [3 Joint Prom, 6 Telfn credit olsetAlity- Insured 13 Single ? Joint I'MMS Term Name or hou ante Company, Your signattre below mearta you want (only) the Insurance coverages quoted above- If nona are quoted, you have dedinad any coverages we orhnd. uyer'T'-!" r?aro Buyer d( Buyer CVW1tb Buyer WOO PROPERTY INSURANCE. You are required to insure the Property securing this Contract with the following minlmum property Insurance oerorage.! $80,200.00 You may purchase Or provide the insurance through'any lnsuranca compery that IS reasonably acceptable 10 us. B you gel the Insurance from or ihrwgh up you will pay a for ofooysrage, The propaMy Insurance must pro laet agalnat sea and physical denMtga You must name to 00 penelloltry on the kteufence 9WIcy. we may require additional stowlity before we allow You to use Inowerwe ptUOepda td repair or ntdlads trw Property, You will pay all aniouflte that its lrarme does red coarse. M You fail to obtain or keep ineuram? or to name us as WWW we may obtain Insurance to protect our interest in the Prowmal a Will add to oast of Imurence to life Amount you owe ire, An amount ws pay for Insure N Is due Immedlately and will earn interest at the rate dtamod aRtar matak. Llabllf y Insurance ooveraw for Willy Injury andfef property dat(+ege satised to others Is NOT Included In this Cpntraet unlace bheotwd ¦nd Inrlloebed below. ? The following 110114 Insurance is included in this coverage: ? SUYRR PROTi;r31 ON/SSRVICE PLAN: Wiuh your purchave of the Manufactured Home, you have oleoted to purchase the followlnp optional buyer proteclon or eervloa plan rpw) The Plan oovers and wall be In effect Sea the Plan docurrenta for details. ITRANSF. Seller IAwlsnown_ -FA 17044 (I7anaferee) Q under 148 tarots of a separate agrosmam Illundar the tarme of the SFEft SY So aeo fat nsfer Is made ? with I liabllfgr _ u I ey /• 2 • U F, PONSYLVANIA MANUFACTURED MOM RarANlNOTAW.MCNrccNTRAcr ZO'd 1a004/008 L"„ylnrpuyul,uU0Nv,titowwally-7--k"1W." .. .- ,ir,,vv.Ny,•..- .--...__1-1'-• IPTIONt Someone buying your Manufactured Homo Q may subject to conditions be allowed to ® cannot assume this convacl that terms. ITEMIZATION OF AUIDUNT FINANCED MorwfeotUred Noma Price 6 ran,1 no - nn (InclUding ealas fax of 3 Buyer ProteatlortrSOMCe Plan, Pow 1o: 1. Cash Price 250,109.90 N{anufactureer. Rebate 6 Cash Down Payment $-40,000.0D 2, elublofel 6 40.000.00 -- Trade-in Allowance $ Leah; Amount Gwtng 3 ._,?. To; - - - --- a. Net Trada-In $ 4. Total Down Payment (Ina P plus line 3) s 40, 000.00 IL Unpsld Bsiaoa of Cosh Non (Ino 1 minus tna a) s 40.100 - QQ Fees Paid to Othera! Paid to Publla Officials -Fling Foos Only 6 27.50 Paid to Public Officials - Other than Piling Pas 3 Insimince PMMIUmr $ (To: ) (O: ) 0 Addhkm* Finance cratgg(a) 6 To: Erysd Oarr.i ii???e $?? Tai Saak Doc Peso $ 75.00 To; - $ e. Subtotal (line 6 plus all frees paid to Others) 6 7. Prepaid Finance Chargas $ 80.00- Amount Flnwnmd (lira 0 minus line 7) $ 40,147.50 'We may relairt or receive a pardon of this amount, NOTICE TO BUYER no not sign this MOM In blank. You eye entitled to an elteCt oapy of the contract you blon, Keep a to protect your *90 dgbls. 1--g or Wr4;n0-- ?Wl? signature Date x 9 wWwre Data x 0 a Date x Ignaturs OAta I ACKNOWLEDGE RECEIPT OF A COPY OF THIS ACT, XILK sEI, glow 4M x Na d e MAN MCTUP" NOVitts • NOT FOR NOp{AAR Hamee /, fMat 9E;9T 6002-Bo-oac 12/08/2009 17:06 FAX 33082191"10 ALLIANCECREDIT ADDITIONAL TIRM9 OF THIS CONTRACT GENERAL TERMS; You agree to purohaoo the Manufactured A. We may rreeqquuire you to immedfately pay us, Subject to any Homo over time. The ToIQI Sale Price shown Ih the TRUTH IN refund RICUlred 6 law, the onUra principal balance, plug LENDING DISCLOSURES assumes that all payments will be made earned Interest and all other agreed charges. as doled. The actual atrrWM you will pay may be more or iris B. We may, pay taxes, fees, expenses aasesemenio, or other dap done on your payment record. Hans or make repairs to the Afcporty It you have not done ra. The law of Ponnsytvanla will govern %hie trenaaclion, It is also We are not required to do go. Any amount wa pay will be governed by applicable fedefol law and regulations, including the added to the itmounl you owe us. Th'IB amount Is due preemptlon of eteta usury laws, Te+a federal Alternative Mortgage Immediately. This amount Will earn Interest from the date paid Transactions Podgy Act stay also apply. at the rale(s) daserlbed In the PROMISE TO PAY AND Any provision treat appoints to as an agent Is not su4oat to the , PAYMENT TERMS section. We may require that you pprovisions of 20 Iee.C.S,A. 9eotlon 5651 at seq, (Chapter 5151 establish and fund an aaaaow account if one is not 3(roady Decadents, Estates and P)dodaries code). By exeralsing any of required. our rights underthia Contract, we do me for our gale benefit. We may require yoy to make the Property available to us at a We do not Inland to charge or collect any Interest or tee that is plan we deefgnale that Is reasonably convenlent to you and more than the applicable taw allows. If we charge or collect any us, amount over what the law allows, we will apply the excess first to the pMmp 1 baGnce, and we will refund any excess N you have Palo this Contract in full. You undenland and agree that some paymerrta to third panlaa a pall of this Contract May Involve money retained by us or paid back to us as commissions or other remuneration. It any provision or this Contract Is not erdarosabl¦, this Contract will remain antoroeablewithout such prevision. If we agme whh you to any exceptions to the promloov or assurances in this rimed Contract, such agreement must be In Writing Ord elgned by us. NAME AND LOCATION: Your nature and addreA indicated on page i are your exact legal name,and your principal roeldenoe. You will provide us with at load 20 days notice prior to changing your name or principal rosidwm a, RE AYneefuT: YOU MAY PREPAY THI ULL OR IN PART A7 ANY I EQWlTThIIA T MALTY. Any partial prepayment will not excuse any later scheduled payments until you pa in iul. You may obtain from to, or the Inauranoa company named in your polloy (or cee dflcate of Imumnas). a refund or any unearned insurance premiums. ADDITIONAL SECURITY: You also assign to us and give uB a security Interest in procoOdif and oremfur'n rolunds of any Insurance and Service contracts purchased with this Contract . SUYER'S RESPONSIBILITIES TOWARDS PROPERTY: By ?ving us a security Interest real estate mortgage, or deed of trust n the Property you agree to the folowino: A. You will defied our Interests In cite Property against claims made by anyone else, You Will do whatever is necessary to keep our claim to the Property valid, S. The security Interest you are giving us In the Property Comm aheac of are claim of any other creditor, You agree 10 sign any additional documents Of provide us with Ln addldonal Information we may require to keep ute priority of our claim to the Property. You will not do anything to dlanga our irteresi in Ira property. C, you will keep the Property in your possession in good condition and repair, You will use the Properly for its intended and lawful purpo ss, unloea otherwise agreed In w Ling, the Manufactured Home will be located at the "Location of Mamufactured Home after delivery to Buyer provided In thie Contract, D. You will not try to sell or transfer any rights In the Property without our prior written consent. E. The ManufaclursId Horne will remain personal property until this Contract is paid in fug, Unless we give you pMor written consent. you will not allow the Manufactured Home to become it part of to Mstate or to oftrwlee bee ft treatmont an personal property under applicable law, F, You w11 pay all taxes, less, expanses and aaoosamonts on the Property when due, Q. You will no* us of any logs or damage to the Property. You will provide us reaeonti le arxess to the Property for the purpose of Inspection, BREAKING THE TERMS OF THIS CONTRACT: You win break the terms of this contract (default) M any one of the following occurs: A. You do not make a payment when It Is due; a. Yau do not keep the Manufarlu?ed Home insured as pmvldod in the section fified INSURANCE; C. You do not keep any of the promlaN you make In sections A„ B„ C., D., E„ F., and G. under the section filled BUYER'S REBPON61BiLITIEfii TOWARDS PROPERTY, it yeu break the terms of this Oornfoot, we can exerolae our rights to oottem as provided below, specifically including but not limited to our right to take back (ropoamess) tno Manufactured Nome. BUYER'S RIGHTS AND DUTIES: If you break the terms of Qtis Contract, before we can use Some of our rights to collect we must send you notice of your default We moat then gh o you the fight to owed any bt'WW terms of this Contract, We will give you ouch notice and the opponunlty to cure If and when we are fnqufrsd to do so, Your Specific rights will then be explained to you, You right rn - lma and mnp „{Ada nM OvIal If vn„ hour 11hAnrlnM&ti HIM EO'd D, We may tmmadlately take back the Property by lawful means. We may then sell the Property. We may apply what we rec81YO to our reasonable exponse3 and then toward your obligations, ae allowed by law. E. Except when prohibited by law, we may sue you for additional amounts it the NIS proceeds do not pay all you am Us. Pars7apfta a. and D. (abovel apply only to personal property securltylntareats, if this CordraGt 19 secured by a mortgage or deed of trust. then the foreclosure of ouch Interest may impose other duties and Ihtltallons on our rights and actions, as provided by law and the mongage or dead of trust, Jprs may take any or, all of the notions described above. Our tl fort not to take-any of the actions does not mean that we have loaf the right to taker any of the actions In the futuro. We will mall to yaw fast known address any NQulrsa notice of an k avndW ease or tunneler of the Property. You agree that nodes Is reseonablo it malsO to your last known addreea, as reflected in our records. You agree that nation mallad tan days before the lmended sale or transfer (of Much other perlod of lime ?equlrea by law) Is reasonable. When real estate to the aeourlty, other rules Me Visa, subll'aat to your MGM to renover eueh Pre", we may take Peasants an of pnnoral property left In or on the Properly securing thin Oontract and taken into possession as provided above. it the U.S. Department of Housing and Urban Development insures this Comiraol under its Talc i Property Improvement and Manufactured Home Izo uladons, our tight to mww you pay off thin entire Contract It subj¦oE to the I nrltatbho of those regulations, INSURANCE: You 4pres to buy insurance on the propertRyy against the dales and for the amounts we reaoonabty require. In addltlon: A. You will name US as Ioae payee an any soon policy, 13. We may require added SICUrlty on ft Contract N we permit any ktswance proceeds to be used to repair or replace the property, C, If She Insurance proceeds do not cover the amounts you etai owe us, ypu will pay the difference, D, You WIII keep the Insurance urrill all debts secured by this Comil lOt are paid. IF you do not buy, maintain, and arrange to have us named as We payee, an agreed npove, you understand and agree: A. a may, but are not required to, Nechass Insurance to protect our Interaw Ih the Property. 0. The insurance we bvy may be from en agent or company you might notchocae. 0. The Insurance will not cover your oquny In the Property,, D, The premium We pay may be eubstar»lany higher than the premlum you moss be mquirod to pay for one Inaurstrice you have agreed to buy on this Contract EACH AND EVERY BUYER RESPONSIBLE.- Sach of you who elgne this Contract Is Inpehdonuy responsible 14 pay it and to keep the other promises made In INS Contract This is true even It A. Someone clue hoe oleo efgnW it, B. We relaame or do not by io collect from another who is also responsible to pay this Gontraot, 0. We release any security or do not try to take book any Property. D. We give up any other rights we may have. 5. We axtend new credit or renew this Contract. WARRANTIIIISt We will provide any warranty Information to you eeparateiy, WAIVER: To the extent permltted by iaw, you agree tC give up your fights to require us to do eertain things. You do not give up any rights that am ror4ded In this Comb at or example, age the DUYER'S RIGHTS AND DUTIES section). ynlm the low or d" Contract provide otherMriaer are are not required to: 1 demand aymant of amommila duo; 2 give notice prat amounts due here not been paid, or have not bean paid in the appropriate amount, time, or manner, or, (a) give notlne 11114% via Intend to make, or are making, this Contract immedfataly Clue. 005/008 9E:9T 6002-80-212[Q 12/08/2009 17:06 FAX 3308219110 ALLIANCECREDIT without our prlorwritten consent, E, Tho Manufactured Home will remain personal pm arly until this Contract Is paid In full, Unlees we give you prior whom consent, you Will not allow the Manufactured Home to becofn0 a part of real estate or to otherwise lose its treatment as peroonal property under applloabi¦ law, F. You will pay all taxas, fees, expenses, and aasessmenta on the Property when due. (3. You will notify us of any bile or damage to ins property. You will provide us reasonable Noce= to the Properly tot the purpose of Inspeatloh, BREAKING THE TERMS OF,THIS CONTRACT. You will braak Ina Who of Ihla Cantraat (defaull) It any one of the following occurs: A. You do not make a payment when It Is duo; B. You do not kamp the Manufactured Home insured as provided In the section titled INSURANCE; C. You do not keep pny of the Promisee you make in sections A B., C., D„ E„ F„ and Q, under the section titled BUYER'S RESPONSIBILITIES TOWARDS PnoPE RT7, If you break the terms of This Contract, we can exarclee our righla to collect as provided below, speclfically Including but not limited to our mint to tako back (repossess) the Manulaclurad Home. BUYER'S RIGHTS AND DUTIES, 0 you break the torts of im Contract, brdore we can use some of our rights To collect we must send you notice of your default. We must then give you the Kohl to corroet any broken femme of Into CoMeaet. We will Dive you t:uoh notice and the Wportunhy to ours, If and when we are required to do so- Your specific fights will then be explained to you, Your right to notice and cure does not exist It you have abandoned the Manufactured Home of other extreme clrcumsismaee exist, OUR RIGHTS TO COLLECT: if you break any of the terms of INS Cootracr, we may exorcls0 any or all of our rights as provided oy law, this Contract, and any separate pentaltal property socurity, agreement, meal estate mon7Age, or dead of ifuat. Before using a right to collect, we will send you any required notice and wait for any cute penes frtat the low may MgWfo for that remedy. Our rights include the following: Z0013/008 C. The insurance will not coveryour equity In the Property. D, The premium we pay May be substantially highor than the premium you might be required to pay for the Insurance you have agreed 10 buy On this Contract. EACH AND EVERY BUYER RESPONSIBLE. Each of you who skins NO Contract is independently responsible to pay it and to keep the other promlees made In this Contract. This Is true oven Ir: A. Someone also has also signad iL B. We release or do not try to collect from another who la also responsible to pay tiffs Conlma G. We release any security or do not try to take back any 0. We give up any cdter rights we may have. E. WO ax»nd new credit or renew this Contram WARRANTIES. We wilf provide any warranty inrermatton 1o you separately. WAIVER: To the atftant permitted by few you agree to give up 1+°- rights to require us to do oeReln IN Inge. You do not give up any rights that are previdetl in uric Contract (for example, sea the BUYEIp'e RlCKM AND DUTIES socdanj? Union the law or this Contrast proyfda otthafwlaa, we are not required to: (1) demand pllymeht of amounts duo; (2 give n oe that emounta due have not bead pal4, or have not been paid in the appropriate amount, ;line, or manner; or, (s) give notion that we Intend to make, or arc making, this Contreot immediately due. NOTICE: ANY HOLDER Of THIS CONSUMER CREDIT CONTRACT 18 SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER SERVICES WITH THE PROCEEDS HEREOF RECOVERY HEREU DFFit BY THE DEBTOR SHALL NOT EXCEED AMOUNtTI'S PAID BY THE DEBTOR HEREUNDER, TRANSFER BY SIMILAR This section of this Cantraot allows Seiler to Trmtstee this tlenlfeCf to a third party. This section does not apply to Buyer. Sailer transform to the parry Rated In the TRANSFER section on thle Contract (rfanafaraa) all of seller's rights, tide shd Interest In We Contract- Seller gives Tranefares power, either In Trancteree's own mama or in Seller's milts, to rake all actions which Seller ooukt have taken under this Comract, Sauer aamuree Transferee of The following. A. This Contract ropresants a sale by Setlerto Buyer, B, The etatoments contained In this Contract are true and corset 0. Buyer paid the down payment exactly as slated D. The sale was aomplatmd In accordance with eh aPIAGable federal and state laws and regulations, E. This Contract is valid and ardaregable. F. The namce and signatures On he Contract arc true and wrreak 3, This Contract In not subject to any claims or defenses on The part of Buyer, H. Seller delivered a completely titled-In copy or this Contract to Ouysf at the line Buyer signed khls Contract. L Seller delivered the Manufactured Home to Buyer in good Condition and Buyer accepted the Manufactured Homo, If any of those asaunuhoes arm broken or untrue, Salter will, upon Transroroo'p request, ropurch6s, this contract from Transferee. Seller will repurchase m1a Contract In cash In IN amount of the unpaid balance, Including Interest, plus the expenses of Transferee, including attorneys' fees. Scher will repay Transferee for any loss sustained by It because of a court ordered deduction or the amount Buyer owes Transferee, Seller wig repay Tranderea for any loss sustained by II ae the r09ult of a reruvery made against Transferee, gaper oval up its riphta to noun of acceptance of this Transfer, non-payment, non-psmermanam, or any otter notion from Transferee. Transferee may change the Terms of MIS Contract with Buyer and any other parson obligated under this Contract. Transferee may do so without notice to Seller and without affecting the legal responglyelrle1 of Oelfer under Mss Transfer. WITH LIECIAL LIABiLfTY: If He Transfer Is made -with legal gabllity as Indlosted In the TRANSPRp seotlon on this contract. Transferee taka0 this Transfer with certain [opal rights against Seller, Seller agrees that it Buyer falls to pay or perform according to the terms or this Contract, Seller wfil,'mt Transfarma's request, repuMhaee mle Contract Seller will repurchase this Contract for the amount of the unpaid balance, ktoluding finance charpos, due at that time. THOUT Is made 1 Traansferee tak?le Transfeerw?ftholut liabifiry to Seller *=Opt as p ovid boovleY' Indicated in 00 TIgANO? dP4 section on this Contnel, Olhlburmement Date! (Thte 4410 to for TMs, 1 HUD incuranee purpoooe afld tttay be completed after the ConlMot la # gne4 to redact the actual disbummnarit date, and not any estimated 043ut7smnnl dots,, it may aPPwr Orly an the orig"I form,) `b0*a 9E;9T 6002-80-02ra 12/08/2009 17:08 FAX 3308219119 ALLIANCECREDIT OCT-29-2009 lo:io Z 007/008 P.02 MCS O Rdt" ' f w4t Aea#e - Ov"e VI D Ne#eTM BROWN g7RF.ET•LEvins70WK PAt7oa4 • 717-940-5"5, FAX 71'7-248-99 _ -MAIL•MGg8pNK9MC5-6AhIK.C0M 67 October 29, 2009 ; THOMAS G BARTELS 21 SHORT LANE SH TP.ENSBURG PA 17257 RE: Mif1in County Savfmgs Barak NOTICE OF INTENT TO RIKPOSSESS AID/OR TAKE LEGAL ACTION ("NOTIM") bear Customer, The Mobile Homo In SWIment Sale Contract ("Contract's execrated by you on Jwmja I, 2008 in favor of Mifflin_ County SaviM Bank (MCS &W for the purchase of the 2007 Chmion Mobile Home serial 0007'Op0Y?017600AB located at 21 Short Lim SW PA 17257, is in serious de&Wt bwame monthly payments of $528.99 have not bden made for the months of Se0m? er 2009 thmugh October 2009. Late chargm have also accrued to this date in the amount of 510,,44. The amourd now regWred to club this deftult, or in other words, get caxht-up in the payments as of the deft of this letter, is $1065M-, You may cure this default within thirty (30) days of the date of this notice by paying M,CS Bantle the above amount of 1 6 plus any additional monthly payment and late charges which may fall due during this period. Sucb payments must be made either by crib, cashiers check" money order or certified check, and made at the office of MCS .Bank, If you aura the default within the thirty (30) day period, you will not be required to pay attorney's fees. If the default is not cured within thirty (30) days, MCS intends to exercise its right to armlerate the Contract payments. This means that whatever is owing on the original loan amount borrowed will be -considered due immediately and you may lose the chance to pay-off the original Contract in monthly jn$Wlments. MCS Bank may repossess ,the Mobile Home or institute legal action to regain possession of the Mobile Dome. If the Mobile Home is repossessed, MCS as will sell the Mobile Home at public or private We on or after Nove r ;2. 2009 to pay-offthe Contract obligation. If the Mobile Home is sold at public sale, a notice of the date of the sale will be sent to you before the We. You should realize that a public or private We of the Mobile Home would cad your ownership interest in the Mobile Home. LOAN MITUR 401 BEET i EAST 5PECHT STREET 101 r-W MARK$T STREET of MuCLURE. PA 17841 I&W LEWJS1 IV PA 17044 ?" ?.?"? R""C EXHIBIT "C" 874469.9s0a is 12/08/2009 17:06 FAX 330821911"a ALLIANCECREDIT R008/008 OCT-29-2009 10:10 . Sank may also sue you personally fiat the unpaid principal balance and all other MCS sums due under the Contract following the sale of the Mobile Home. P.03 If you do not owe the def>sult within thirty (30) days of the date of this notice, you may still avoid acceleration of the indebtedness under the Contract and prevent sale of the Mobile Home at any time before legal title to the Mobile Nome is actually tmnsferred by tendering $1065._96 plus the following additional charges: 1. All monthly payments of J 8.99 duo after Novem erg up to the date of oure; and 2. All late charges accruing after November 17, 2009 up to the date of cure; and 3. Attorneys' fens of up to $50.00 or, if legal action hie been commenced, all reasonable attorneys' fees actually incurred by Q&asj k; and 4_ All costs actually incumd by MCS BankBank in commencing legal action; and 5. All reasonable costs actually incurred by MC,= ]Wk for detaching and Unsporting the Mobile Home to the site of sale; and 6. All actual, necessary and reasonable costs incua7rod by MCS Bank in. storing and repairing the Mobilo Horse; cued 7. Any other amounts due under the contract, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any tame exactly what the required payment will be by calling MCS Bank at 717- 24 165445 The payment must to madc in oaab, cashiers check, money order or oerti$ed check and made payable to at 19 North Brown Street TAO Box 71 t Lewisto PA. 1?Q44-071 1. Please remove all personable effects from the unit insuring that all involood items of equipmeut appliances, fixtures and accessories remain with the mobile home, Please return the keys to the dealer. If you surd the default, the Contract will be restored to the same position as if no default had occurred. However, you an not entitled to this right to cure yow default more than three (3) times in any given calendar year. Give this mutter Your immediate attention. Very, truly yam, ', 75? Lori K Taylor Assistant Vice P=!dcnt/Asst.$c=tuy CERTIFIED MAIL: Thomas G Bartels REGULAR MAIL: Thomas O Bartels CC. Alliance Credit Corp. (Mr. Robin W. James Sr.) TOTAL P.03 12/08/2009 17:04 FAX 3308219110 ALLIANCECREDIT 1&002/008 90•d gViol O cn Cn ?Go N) N fV 90 0Id 96;9; 6002-80-oaQ 0(? "TAPY r?rnn r.ry ? t t , $9a.ov 7c?.. l??y ?K4 7yz5 R#- ?3 sqt3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant OF 7H5 WHMTAW 2018 JAN -6 AN 6: 44 cam Edward L Schorpp Solicitor Mifflin County Savings Bank vs. Case Number . I Thomas G. Bartels 2009-8818 SHERIFF'S RETURN OF SERVICE 12/29/2009 09:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2009 at 2135 hours, he served a true copy of the within Complaint in Replevin, upon the within named defendant, to wit: Thomas G. Bartels, by making known unto Patricia Bartels, Wife of defendant at 21 Short Lane, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 December 30, 2009 SO ANSWERS, R THC?? KLI?QE, SHERIFF By ty Sheriff (c) GountySufto Sheriff, Teleosoft, Inc_ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~ti~~r~ of ~~unb~gf~~r~ k ~F~ i F -' =`-:R1F€ r?~ - ~,~ ~~_ _ ` 2~~~ ~~~ CJ i i7 G~ ~€ V ~ ~ 1~1 - -Ill ~i F 5 _ ~ .{ Mifflin County Savings Bank Case Number vs. 2009-8818 Thomas G. Bartels SHERIFF'S RETURN OF SERVICE 02/23/2010 03:39 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 23 2010 at 1539 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Thomas G. Bartels, by making known unto Thomas G. Bartels, at 21 Short Lane, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $58.00 February 24, 2010 SO ANSWERS, Y R ANDERSON, SHERIFF .~" ~,y Den s Fry,:-' e uty (C G~un'ySuite SFe;~ffi. TeecsoYf, hr,;.