HomeMy WebLinkAbout10-3568LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C. THIS IS NOT AN
By: Peter E. Meltzer ARBITRATION CASE.
Identification No.: 39828 ASSESSMENT OF DAMAGES
By: Sarah A. Jarosh HEARING NOT REQUIRED.
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300 Attorneys for Plaintiff
VANDERBILT MORTGAGE AND FINANCE, INC.: C U
R
T F OMMON PLEAS
500 Alcoa Trail _
b
COUNTY
Maryville, TN 37804 DOCKET NO.: rO 3 S6 C .
Plaintiff, ;
V.
. -
CHRISTY BRYAN r
129 Shippensburg Mobile Est.
Shippensburg, PA 17257
Defendant.
NOTICE
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 this 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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 THE INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108 ??/'? 6? pol ay
R ?` 1y?- ?7
AV1SO PARA DEFENDER
USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la
demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte
(20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una
aparencia personalmente o por un abogado y archivando por escrito con la Corte sus
defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido
que si falla de hacerlo el caso puede proceder sin usted y un jazgamiento puede ser
entrado contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la
Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede
perder dinero o propiedad o otros derechos importante para usted.
USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED
NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA
FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON 1NFORMACION
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE
PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER
SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O
GRATIS.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
NOTICE
The amount of your debt is stated in the attached document. The name and address of
the creditor to whom the debt is owed is as named in the attached document. This is
an attempt by a debt collector to collect a debt. Any information obtained will be used
for that purpose. Unless you notify this office within thirty (30) days after receiving this
notice that you dispute the validity of the debt or any portion thereof, this office will
assume that this debt is valid. If you notify this office in writing within thirty (30) days
from receiving this notice that the debt, or any portion thereof, is disputed, this office will
obtain verification of the debt and mail you a copy of such verification. Collection
agencies are regulated by a federal law which grants you certain rights. One of these is
the right to have us cease communication with you about this debt. If you ask us in
writing to cease, we will. This law is administered by the Federal Trade Commission,
Division of Credit Practices, Washington D.C. 20580. If you request this office in writing
within thirty (30) days after receiving this notice, this office will provide you with the
name and address of the original creditor, if different from the current creditor.
Peter Meltzer, Esquire
1530 Locust Street, Suite L-900
Philadelphia, PA 19102
(215) 545-3300
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300
THIS IS NOT AN
ARBITRATION CASE.
ASSESSMENT OF DAMAGES
HEARING NOT REQUIRED.
Attorneys for Plaintiff
VANDERBILT MORTGAGE AND FINANCE, INC.: C2 gT?(F ?OMMON PLEAS
500 Alcoa Trail CCOUNTY
Maryville, TN 37804 DOCKET NO.:
?o- 3s63' Plaintiff,
V.
CHRISTY BRYAN
129 Shippensburg Mobile Est.
Shippensburg, PA 17257
Defendant.
COMPLAINT IN REPLEVIN
AND NOW, comes the plaintiff, Vanderbilt Mortgage and Finance, Inc. ("Plaintiff'), by
and through its attorneys, Law Offices of Meltzer & Associates, P.C., and files this Complaint
pursuant to Pennsylvania Rules of Civil Procedure 1071 et sec an
d avers the following:
PARTIES
1. Plaintiff, Vanderbilt Mortgage and Finance, Inc., is a Tennessee corporation with an
address at 500 Alcoa Trail, Maryville, TN 37804.
2
Defendant are the individuals named above residing at the address given above.
VENUE
3
Venue is proper in Cumberland County in that said County is the county where the
mobile home which is the subject of this replevin action is located.
FACTS
4
On or about December 6, 2002, Defendant executed a Retail Installment Contract in favor
of Countryside Village Homes, Inc. (the "Note") so that Defendant could purchase a
1996 Astro Mobile Home, Vehicle Identification Number AP960248, which is located at
129 Shippensburg Mobile Est., Shippensburg, PA 17257 (the "Mobile Home")
5. A true and correct copy of the Note is attached hereto as Exhibit "A".
6. The Note was assigned from Countryside Village Homes, Inc. to Tammac Corporation.
See Pg. 4 of the Note attached as Exhibit "A".
7. Defendant received possession of the Mobile Home. At present, Defendant is believed to
be in possession of the Mobile Home and to be using the Mobile Home.
8. The Note requires Defendant to make 180 monthly payments of $248.10 each. The total
sum borrowed is $20,397.50. Payments are due on or before the sixth day of each month.
9. Defendant failed to make the payment due under the Note on March 6, 2010 or on any
month thereafter.
10. Under the Note, Plaintiff is entitled to declare the entire principal unpaid balance due
under the Note without further notice or demand.
11. Plaintiff has made demand for payment in full of all sums due under the Note and for
turnover of the Mobile Home to Plaintiff.
12. Defendant has failed to pay the balance due or any part thereof and have failed to return
possession of the Mobile Home to Plaintiff.
13. Plaintiff has a security interest in the Mobile Home as successor-in-interest to Tammac
Corporation. A true and correct copy of the Certificate of Title for a Vehicle, showing
Plaintiff's lien on the Mobile Home, is attached hereto as Exhibit "B".
14. Plaintiff believes, and therefore avers, that the Mobile Home is within Defendant's
2
control.
15. As a result of the Defendant's default in payment, there is now due from Defendant to
Plaintiff the sum of $17,972.29, comprised as follows:
Principal Balance Due: $14,938.73
Interest Due through 5/25/10: $ 841.56
Attorney's Fees: $ 2,000.00
Costs of Suit: $ 192.00
Total Sum Due $17,972.29
Interest accrues on the Note from May 26, 2010, at the per diem rate of $5.01 and there is
an applicable monthly late charge.
COUNT ONE-REPLEVIN
16. Plaintiff incorporates the allegations in paragraphs 1-15 as though fully set forth herein.
17. The Mobile Home is subject to significant depreciation for usage and passage of time.
Plaintiff believes that unless prevented from doing so, Defendant will damage the Mobile
Home or remove it from its location, and that Plaintiffs interest in the Mobile Home will
be adversely affected.
18. Continued use of the Mobile Home without payment will cause immediate, substantial
and irreparable harm to Plaintiff.
19. Plaintiff believes that an action for money damages may be inadequate because
Defendant may flee the jurisdiction or otherwise be unable to pay money damages.
WHEREFORE, Plaintiff demands judgment for possession of and execution against the
Mobile Home from Defendant, costs of suit, a reasonable attorney's fee, and other damages and
relief as the court may deem just and appropriate.
3
COUNT TWO-MONEY DAMAGES
20. Plaintiff incorporates the allegations in paragraphs 1-19 as though fully set forth herein.
21. This Count is in addition to the relief sought in Count One and is for money damages
against the Defendant for breach of the Note.
WHEREFORE, Plaintiff demands judgment on this Count against Defendant in the
amount of $17,972.29 plus contractual interest at the rate of $5.01 per diem from and after May
26, 2010 until the date of payment of the judgment, late charges, fees and costs, and such other
relief as the court may deem just and appropriate.
Respectfully submitted,
LAW OFFICES OF PETER E. MELTZER
& ASSOCIATES, P.C.
Dated: May 26, 2010 By:
VERIFICATION
I, Brad Hutchison, an authorized officer of Vanderbilt Mortgage and Finance, Inc., am
duly authorized to make this Verification on behalf of Plaintiff, and do hereby verify that the
statements made in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief I further understand that the statements therein made are subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities.
Brad Hutchison
Exhibit "A"
' MANUFACTURED HOME Seller Countryside village Homes, Buyer Christy D Bryan
RETAIL INSI`ALLfIIIENTCONTRACT Inc
129 S
PENNSYLVANIA 9 Lantern Lane Shippen
No. sburg PA 17257
Date 12/06/2002 Shippensburg PA 17257
'We" and "us" mean the Seller above, "You" and "your' mean each Buyer above,
its successors and assigns. and guarantor, separately and together.
TRUTH IN LEN ES
ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE
PERCENTAGE CHARGE The amount of credit The amount you will have The total cost of your
RATE The dollar amount the provided to you or paid when you have made purchase on credit, includi
The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment
as a yearly rate.
13. 00
12.25 24260.50 of$ 92255.
$20397.50 $ 44658.00 $ 46913.00
Payment Schedule: Your payment schedule will be
Number of Payments Amount of Payments When Payments Are Due
180 248.10 Beginning 1/6/03 and on the 6th of each successive month thereafter.
Security: You are giving a security interest in the goods or property being purchased.
? You are giving a security interest in the real property at
® Late Charge: It a payment is more than 15 days late, you will be charged log of pnymenC amn mr
Prepayment: If you pay off this Contract early, you will not have to pay a penalty.
? If you pay off this Contract early, you will not be entitled to a refund of part of the Additional Finance Charge.
ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to ® cannot assume this
Contract on its original terms.
Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any
required repayment before the scheduled date, and prepayment refunds and penalties. "e" means an estimate
BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought in this safe.
SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the
Manufactured Home las defined above) and, unless prohibited by law, all present and future accessions to the Manufactured Home
(except that accessions will not include "household goods" as defined in the FTC Credit Practices Rule, 16 C.F.R. 444, if we do not
finance the purchase of such household goods). If you do not meet your Contract obligations, you may lose your house, and the real
estate described in any mortgage or deed of trust (if any).
? This Contract is also secured by a separate mortgage or deed of trust dated on real estate, as
shown in the TRUTH IN LENDING DISCLOSURES.
The term "Property" means all property securing this Contract.
CREDIT INSURANCE: Credit life, credit disability (accident and PROPERTY INSURANCE: You are required to insure the
health or accident and sickness), and any other insurance Property securing this Contract with the following minimum
coverage quoted below, are not required to obtain credit and we property insurance coverage:
will not provide them unless you sign and agree to pay the
additional premium. If you want such insurance, we will obtain it
for you (if you qualify for coverage). We are quoting below ONLY
the coverages you have chosen to purchase.
Credit Life: Insured
? Single ? Joint Prem. $ n/a Term
Credit Disability: Insured
? Single ? Joint Prem. $-Q/A- Term
Name of Insurance Company:
Your signature below means you went" (only) the insurance
coverage(s) quoted above. If none are quoted, you have declined
any coverages we offered.
You may purchase or provide the insurance through any insurance
company that is reasonably acceptable to us. If you get the
insurance from or through us you will pay $ n/a. 00 for
of coverage.
Liability Insurance coverage for bodily injury and/or property
damage caused to others is NOT Included In this Contract unless
checked and Indicated below.
uyer d/o/b Buyer d/o/b
? The following liability insurance is included in this coverage:
Buyer d/o/b Buyer d/o/b
PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT
0 1996 BrMxa Syslsms. Inc., St. Cloud, MN Form RSSIMHLAZ-PA 9/22198
rases r of 4t
ITEMIZATION OF AMOUNT FINANCED
Manufactured Home Price $ 22545.00
(including sales tax of $ )
Buyer Protection/Service Plan
Paid to: r $
1. Cash Price $ 22545.00
Manufacturer's Rebate $ 0.00
Cash Down Payment $ 2255.00
2. Subtotal $ 2255.00
Trade-In Allowance $
Less: Amount Owing $
To:
3. Net Trade-In $ 0.00
4. Total Down Payment (line 2 plus line 3) $ 2255.00
5. Unpaid Balance of Cash Price (ins 1 minus line 4) $ 20290.00
Fees Paid to Others:
Paid to Public Officials - Filing Fees Only $
Paid to Public Officials - Other than Filing Fees $
Insurance Premiums' $
(To: )
(To: )
(To: )
Additional Finance Charge(s) Paid To Seller $
To: Buvdown $
To: Additional Finance Fees $ 107.50
To: $
6. Subtotal (line 5 plus all Fees Paid to Others) $ 20397.50
7. Prepaid Finance Charges $ 0.00
Amount Financed (line 6 minus fine 71 $ 20397.50
*We may retain or receive a portion of this amount.
SALE: You agree to purchase from us the manufactured home
described below, together with the related services, furnishings,
appliances and accessories listed below ;together referred to as
"Manufactured Home'). Your purchase of the Manufactured Home
is subject to the terms of this Contract. "Contract" means this
document and any separate document that secures this Contract.
Manufacturer Model Name & Number Year
Astro 1996
Serial Number Length
1 Width Color ? New
AP960248 72' 141 ® Used
Services, furnishings, appliances, and accessories include:
? Tires and Wheels ? Axles ? Refrigerator
? Oven/Range
? Washer ? Dryer
? A/C Unit(s)
? Skirting ? Awning(s)
? Accessory Shed
? Services
? Other
Location of Manufactured Home after delivery to Buyer:
129 SME
Shippensburg PA 17257
Description of Trade-In:
0 1996 Bankers Systems, ktc., St. Cloud, MN Form RSSIMHLAZ•PA 9/22/88
?BUYER PROTECTION/SERVICE PLAN: With your purchase
of the Manufactured Home, you have elected to purchase the
following optional buyer protection or service plan ("Plan'):
The Plan covers
12/06/2002 and will be in
effect . See the Plan documents for details.
PROMISE TO PAY AND PAYMENT TERMS: You promise to
pay us the principal amount of $ 20397.50 , plus
interest on the unpaid balance at the rate(s) of 12.25
per year until the final scheduled payment date. Interest will begin
to accrue on 12/06/2002
and will accrue an a 360 day basis. After the final
scheduled payment date, or after you default and we demand
payment, we will earn interest on the unpaid principal balance at
the rate of 12.25 % per year. You agree to pat this
Contract according to the payment schedule and late carge
provisions shown in the TRUTH IN LENDING DISCLOSURES. You
also agree to pay any additional mounts according to the terms
of this Contract. A late charge, if provided in the TRUTH IN
LENDING DISCLOSURES, will be imposed only once on a late
payment. A late charge will not be collected on the final
scheduled payment, but interest will continue to accrue at the
applicable contract rate.
? ADDITIONAL FINANCE CHARGE: You agree to pay an
additional, nonrefundable finance charge of $
that will be ? paid in cash. ? financed (see ITEMIZATION OF
AMOUNT FINANCED). ? paid proportionally with each payment.
DOWN PAYMENT: You also agree to pay, or apply to the Cash
Price, on or before today's date, any cash, rebate and net trade-in
value described in the ITEMIZATION OF AMOUNT FINANCED.
? ESCROW: You ? may, but are not required to ? must pay
certain expenses and fees from an escrow account. If an escrow
account is established, it will be governed by a separate
agreement.
GENERAL TERMS: You agree to purchase the Manufactured
Home over time. The Total Sale Price shown in the TRUTH IN
LENDING DISCLOSURES assumes that all payments will be made
as scheduled. The actual amount you will pay may be more or
less depending an your payment record.
The law of Pennsylvania will govern this transaction. It is also
governed by applicable federal law and regulations, including the
preemption of state usury laws. The federal Alternative Mortgage
Transactions Parity Act may also apply.
We do not intend to charge or collect any interest or fee that is
more than the applicable law allows. H we charge or collect any
amount over what the law allows, we will apply the excess first
to the principal balance, and we will refund any excess if you
have paid this Contract in full.
You understand and agree that some payments to third parties
as a part of this Contract may involve money retained by us or
paid back to us as commissions or other remuneration.
If any provision of this Contract is not enforceable, this
.Contract will remain enforceable--without such provision. If we
agree with you to any exceptions to the promises or assurances in
this printed Contract, such agreement must be in writing and
signed by us.
PREPAYMENT: YOU MAY PREPAY THIS CONTRACT
IN FULL OR IN PART AT ANY TIME WITHOUT
PENALTY. Any partial prepayment will not excuse any later
scheduled payments until you pay in full.
You may obtain from us, or the insurance company named in
your policy (or certificate of insurance), a refund of any unearned
?urage premiums.
rase 2 014)
i
ADDITIONAL SECURITY: You also assign to us and
give us a security interest in proceeds and premium
refunds of any insurance and service contracts purchased
with this Contract.
OWNERSHIP AND DUTIES TOWARD PROPERTY:
By giving us a security interest, real estate mortgage, or
deed of trust in the Property, you agree to the following:
A. You will defend our interests in the Property against
claims made by anyone also. You will do whatever
is necessary to keep our claim to the Property valid.
B. The security interest you are giving us in the
Property comes ahead of the claim of any other
creditor. You agree to sign any additional
documents or provide us with any additional
information we may require to keep the priority of
our claim to the Property. You will not do anything
to change our interest in the Property.
C. You will keep the Property in your possession in
good condition and repair. You will use the Property
for its intended and lawful purposes. Unless
otherwise agreed in writing, the Manufactured
Home will be located at the "Location of
Manufactured Home after delivery to Buyer"
provided in this Contract.
D. You will not try to sell or transfer any rights in the
Property without our prior written consent.
E. The Manufactured Home will remain personal
property until this Contract is paid in full. Unless
we give you prior written consent, you will not
allow the Manufactured Home to become a part of
real estate or to otherwise lose its treatment as
personal property under applicable law.
F. You will pay all taxes, fees, expenses, and
assessments on the Property when due.
G. You will notify us of any loss or damage to the
Property. You will provide us reasonable access to
the Property for the purpose of inspection.
DEFAULT: You will be in default on this Contract if any
one of the following occurs (except as prohibited by law):
A. You fail to make a payment when it is due.
B. You fail to perform any obligation that you have
undertaken in this Contract (which includes doing
something you have agreed not to do).
If you default, you agree to pay our reasonable
attorneys' fees, beginning with the commencement of
legal action, and up to $50 incurred after the NOTICE OF
DEFAULT and before commencement of a legal action
(as provided in Pa. Stat. Ann. tit. 69 § 623) and fees for
repossession, repair, storage, and sale of the Property
securing this Contract.
If an event of default occurs as to any one of you, we
may exercise our remedies against any or all of you.
NOTICE OF DEFAULT: If you are in default, we will
send you a Notice of Default and Notice of Right to Cure
Default ("Notice") when required by law. The Notice will
explain why you are in default and how you can cure it.
We vNill' not accelerate the -unpaid balance 'of this*
Contract, repossess or foreclose on any Property until
after we send you the Notice and any cure period it
describes has passed. We may not be required to send
you a Notice if (1) you have abandoned the Manufactured
Home, (2) you received two Notices in the prior one-year
period, or (3) other extreme circumstances exist.
0 1999 BWkps Sysuom", 1M., St. Cloud, MN F.m RSSMAHLA2•PA 9122199
After repossession you may have additional (but
limited) rights under Pa. Stat. Ann. tit. 69 9 623 to
reinstate this Contract any time up to the date of transfer
of title to the Manufactured Home, by paying the
installments in default without acceleration, plus any
other obligation which you have not fulfilled, without
acceleration, plus our costs and fees allowed by the law
cited.
REMEDIES: If you are in default on this Contract, we
have all of the remedies provided by law, this Contract,
and any separate personal property security agreement,
real estate mortgage, or deed of trust. Before using a
remedy, we will send you any notice and wait for any
cure period that the law may require for that remedy. Our
remedies include the following:
A. We may require you to immediately pay us, subject
to any refund required by law, the entire principal
balance, plus earned interest and all other agreed
charges.
B. We may, but are not required to, pay taxes, fees,
expenses, assessments, or other liens or make
repairs to the Property if you have not done so. Any
amount we pay will be added to the amount you
owe us and will be due Immediately. This amount
will earn interest from the date paid at the rate(s)
described in the PROMISE TO PAY AND PAYMENT
TERMS section. We may require that you establish
and fund an escrow account if one is not already
required.
C. We may require you to make the Property available
to us at a place we designate that is reasonably
convenient to you and us.
D. We may immediately take possession of the
Property by legal process or self-help, if we do so
lawfully. We may then sell the Property and apply
what we receive to our reasonable expenses and
then toward your obligations, as allowed by law.
E. Except when prohibited by law, we may sue you
for additional amounts if the sale proceeds do not
pay all you owe us.
Paragraphs C. and D. {above) apply only to personal
property security interests. If this Contract is secured by
a mortgage or deed of trust, then the foreclosure of such
interest may impose other duties and limitations on our
rights and remedies, as provided by law and the
mortgage or deed of trust.
By choosing any one or more of these remedies, we
do not waive our right to later use another remedy. If we
do not act on an event of default, we do not give up our
right to later treat that type of event as a default.
You agree that if any notice is required to be given to
you of an intended sale or transfer of the Property, notice
is reasonable if mailed to your last known address, as
reflected in our records, at least 10 days before the date
of the intended sale or transfer (or such other period of
time as is required by law). When real estate is the
security, other rules may apply.
You agree that, subject to your right to recover such
property, we may take- possession of personal property
left in or on the Property securing this Contract and taken
into possession as provided above.
If the U.S. Department of Housing and Urban
Development insures this Contract under" its Title 1
Property Improvement and Manufactured Home
Regulations, our right to make you pay off this entire
Contract is subject to the limitations of those regulations.
G?E (pn e 3 o141
INSURANCE: You agree to buy . insurance on the
Property with the types and amounts of coverage
indicated in the PROPERTY INSURANCE section, or as
we otherwise require. You must name us as loss payee
on any such policy. In the event of loss or damage to the
Property, we may require additional security or
assurances of payment before we allow insurance
proceeds to be used to repair or replace the Property.
If insurance proceeds paid to us do not pay off this
Contract, you are responsible for the balance, You will
keep the insurance in effect until this Contract is paid in
full. If the premium for property insurance is included in
the Amount Financed and the insurance is canceled or
terminated before this Contract is paid in full, then you
agree to give us any premium refund or rebate that you
receive. We will credit the refund or rebate to the amount
you owe us. We may, at our option, allow you to use the
refund or rebate to help pay for replacement insurance
that you purchase.
If you do not keep these promises, we may buy
insurance to protect our interest in the Property. The
.insurance we buy may include coverages beyond those
we require you to buy and may be from a company you
might not choose. The rate we pay may be higher than a
rate you might have to pay if you buy it yourself. We will
add the premium for this insurance to the amount you
owe us. Any amount we pay will be due immediately.
This amount will earn interest from the date paid at the
applicable contract rate(s).
OBLIGATIONS INDEPENDENT: Each of you who signs
this Contract is independently responsible to pay it and to
keep the other promises made in this Contract. This is
true even if:
A. Someone else has also signed it.
8. We release or do not try to collect from another
who is also responsible to pay this Contract.
C. We release any security or do not try to take back
any Property.
D. We give up any other rights we may have.
E. We extend new credit or renew this Contract.
WARRANTIES: We will provide any warranty
information to you separately.
WAIVER: To the extent permitted by law, you agree to
give up your rights to require us to do certain things. You
do not give up any rights that are provided in this
Contract (for example, see the NOTICE OF DEFAULT
section), Unless the law or this Contract provide
otherwise, we are not required to: (1) demand payment
of amounts due; (2) give notice that amounts due have
not been paid, or have not been paid in the appropriate
amount, time, or manner: or, (3) give notice that we
intend to make, or are making, this Contract Immediately
due.
NOTICE OF PROPOSED INSURANCE: If so indicated
on page 1 of this Contract, credit rife insurance coverage
and/or credit accident and health insurance coverage will
apply to this Contract. The insurance company named on
page 1 of this Contract will write the insurance.
The insurance covers only the person(s) signing the
request for insurance. The charge for each type of credit
insurance to be purchased is as indicated on page 1 of
this Contract. The term of insurance will begin as of the
0 1998 Bankars Systems, Inc., St. Cloud, MN Form RSSIMHLAZ•PA 9122198
date of this Contract and will end on the original due date
of this Contract.
Subject to acceptance by the insurance company and
within 30 days, a certificate of insurance will be given to
the insured. If this Contract is prepaid before it is due, a
refund of insurance charges will be made when due.
ASSIGNMENT: This Contract is assigned to Assignee
(identify): Tatmnac Corporation
2-25 Mundy g rent LTi l tree n pp? A7/j2 .
This assignment is made under the terms of a separate
agreement made between the Seller and Assignee,
NOTICE: ANY HOLDER OF THIS CONSUMER
CREDIT CONTRACT IS SUBJECT TO ALL
CLAIMS AND DEFENSES WHICH THE
SELLLERROF GOODS OR SERVICES OBTAINED
PROCEEDS HEREOFT RECOVERY HEREUNDER
BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR
HEREUNDER.
NOTICE TO BUYER
Do not sign this Contract in blank.
You are entitled to an exact copy of the
contract you sign.
Keep it to protect your legal rights.
Buyer(s):
X i ature r Da
X
Signature Date
X
Signature Date
X
Signature Date
I ACKNOWLEDGE RECEIPT OF A
COPY OF THIS CONTRA(`T-
X4.
Name
Disbursement to (This
date Is for Title 1 D insurance purposes and may be.
completed after the Contract is signed to reflect the
actual disbursement date, and not any estimated
disbursement date. It may appear only on the original
form.)
4WO4or 41
Exhibit "B"
1
CB.RTIFICATE OF TITLE FOR A VEHICLE
ISO
?i
DATE PA TITLED
DATE OF 161
ODOMETER DISCLOSU
REGISTERED OLNNERISI
tHR.ISTY D BRYAN
129 SME
SHIPPEUSBURG PA 1
ODDMETLR arAns
II. ACTUAL M"ADg
I - MLEAW E cam THE WXKVW-V-
LIIeTa
!. NDT THE AmAL Me e.nc
S - NCr THE AcIUAL MsLAeeaopMerttR
toL LAM 4'E'(EMFr`ACM°DOMrWM2,01pxu
A - AN.allp'
C CLASSIC VEHICLE
r.r F i rR7rQIbLE
p • D r IFOp. MR NCNUS
N . AprYL1lLTlalAl YEheRE
L . lDa0Y1D yp, t
P . dWAS APo,
8 hAiLLIL
R SIRES, TaIa:1ED
. STnlET app
T .:!T! ABD TNET VEHICLE
Fwar uet FAVOR OF. IN . FLOW SEWS REISSUED Vin
SECOND URN FAVOR Op. x - IaAeAa A rAkl
VANOEkBILT MORTGAGE E
FINANCE INC
I
q a "mw swheAbr Y bed open eAWeern of eu *0 ee4 eK D.1
FIRST LIEN RELEASED ' WdW mat land tlb TW n so uwm d Mdw VNi" wm ft
OATE ePO?.OrYa bmh am Iee.
6r
AIrtT10RI2ED REPRESLNTATIVE SECOND LIEN RELEASED
t MAILING ADDRESS DATE
AURgR¢Ep rEPRt:SDIrATIVE
VAiJOERBILT MORTGAGE E
FIt)ANCE INC
P U BOX 9800
• MARYVILLE TN 37802
I e•M as Of ft dale of Is". the onud nooier d the PWeryA.•t. Depenmml
of T*--tiah asrct -1 a! P•edile) a -Vmy named pain h er WMA saner
'd ea old vwft
TSCRIBED AND SWORN
BEFORE ME
A
i ^ ?• asap wrere ANOWw f Q.lo.Y I Tar Y Y ...r d..fto
rwtiMA-ybM.o®ois.ar aeR.e?ddn. wf MlMlw.
RONAMRE OF AFPUCAWT CA AD1 MZED 64P61
WompIR OF CoAme'mrm" Or m w nm McNla
ALLEN 0 BIEHLER
SarelepatTnalspoetaltoa ,
R a pp-purchaser other 1h, your Wuft 1 ,,kW and you TFant the too tD
be bted on •JOinl Tenants With Wpht W SurvhareW (On death of One
howrwbrbe
C CCHECKd HERE a. C61onvW, tN u6e
MU,Isstinue gedoesasbTeeunenlaMvYlh Own•r. al'
m
la
o
(On dent m and tRhaher, irlunst of
domm sed ow w goes to h*qw he46 or Ktate?
IST LIEN DATES F NO UEN. CHECK 0
IST LIENNOLDER
STREW
CITY STATE
FINANCNL IN8TffVn0N NUMBER
2ND LIEN DATE: ? IF NO LIEN, 0ECK cl
2ND LJOMpIDER
STREET
CITY STATE aP
FINANCIAL INSTIRlnON NUMBER
1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
~$u~titr 4t ~Itu~~~r~a ~
~!
~ ;~~;
~~~
~- ,..
t~FaiGE 4YF TkE ~~s~RIFi=
,~~~
(~~ ~iL t .? ~ ~ ..
20E0 ,~U~ -9 ~~ g: ~'~
Ct1P~~.~ ,~...~ yV~ ,:;~~a~
!~7rCj~.~'i ~i~~l"L~~{ ~i~
Vanderbilt Mortgage and Finance, Inc. Case Number
vs.
Christy Bryan 2010-3568
SHERIFF'S RETURN OF SERVICE
06/04/2010 07:44 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 4,
2010 at 1940 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Christy Bryan, by making known unto herself personally, at 129 Shippensburg Mobile
Estates, 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
June 07, 2010
~~
RYAN BURGETT, D PUTY
SO ANSWERS,
C:~^^~r"
RON R ANDERSON, SHERIFF
(cj CountySuite Shen`f. TeleosotT. Irc.
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300
VANDERBILT MORTGAGE AND FINANCE, INC
v.
CHRISTY BRYAN
~li_= r
101 ~ J=:~~ 2 ~a E=' ; ~ ~
~~~ 2(o QM l ~St
i-_~ _ ~-.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 10-3568 CIVIL
Praecipe for Judgment
To the Prothonotary:
Enter judgment in the sum of $18,192.73 in favor of the Plaintiff VANDERBILT
MORTGAGE AND FINANCE, INC. and against Defendant CHRISTY BRYAN because of
defendant's failure to file an answer within twenty (20) days of service of the Complaint, and
assess damages as follows:
Amount claimed in Complaint: $17,972.29
Per diem interest from 5/26/10 to and including 7/8/10: $ 220.44
Per diem interest from 7/9/10 at $5.01 per day: $
REAL DEBT $18,192.73
Sarah A. Jarosh, Esq i e
Attorney for Plaintiff
ASSESSMENT OF DAMAGES
AND NOW, this _~+!~ day of _, 2010, damages are assessed as above.
1
onotary
~I~.00 Pty ~'rt'1
e~ lasto3
+~* a4s8o/
I.`.~e~ ~lo~
,M w
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300
VANDERBILT MORTGAGE AND FINANCE, INC.
v.
CHRISTY BRYAN
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 10-3568 CIVIL
CERTIFICATE OF ADDRESS AND NON-MILITARY SERVICE
The undersigned hereby certifies that, upon information and belief:
Christy Bryan is over 21 years of age, has an address at 129 Shippensburg Mobile Est.,
Shippensburg, PA 17257 and is employed at unknown as an unknown.
Deponent further avers that, upon information and belief, the above individuals are not
within the protection of the Soldiers' and Sailors' Civil Relief Act of 1940, together with
amendments thereto.
Sarah A. Jarosh
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300 Attorneys for Plaintiff
VANDERBILT MORTGAGE AND FINANCE, INC.: CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v. :
NO. 10-3568 CIVIL
CHRISTY BRYAN
CERTIFICATION OF AS TO COMPLIANCE WITH PA. R. CIV. P. 237.1
I hereby certify that I am the attorney for the plaintiff in this action and further certify
that on June 25, 2010, I caused the 10-day notice required by Pa. R.Civ.P. 237.1 to be sent to
defendant after defendant's failure to plead to the Complaint in the above matter which was
served upon defendant and I hereby further certify that defendant failed to answer the
Complaint. A copy of the Proof of Mailing of the 10-day Notice is attached hereto as Exhibit
«A»
Dated: July 8, 2010
Sarah A. Jar
Attorney for
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300
VANDERBILT MORTGAGE AND FINANCE, INC.:
v.
CHRISTY BRYAN
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 10-3568 CIVIL
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING. WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH. AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE dF THIS_NOTICE;
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. .. ~. = -
YOU SHOULD TAKE THIS 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 QFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY:OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE ORNO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
Dated: June 25, 2010 By:
SARAH A. J H, ESQUIRE
Attorney for Plai iff
This is an attempt by a debt collector to collect a debt. Any information obtained wifl be
~ used for that u ose.
N
0
W
Oo
V
V
m
~,
0
N
m
s
.y
a
~
m o 0
~'
c
~{ 0
' /1/T v
" ~ U1 . p W N _ a
j
~ ~
m
~
~ h
' ~
~
~ T 1 raj
m
L...UU r ~ ~
r ~ ~ cc~
~
~ ~ .~ p
S ~
~ m-~r~
r
m~
~
o~
,-
~ ~
~~i
m
~ ~
m N '~ ~ :v
A
~!
~
I
i
F i6 _
_ ~
o
m
~
m
~~ Y
i
!"~
~
i
~~
~
~'; '.
.-..
~~
rod;
'r
~ .a
,
~
~'
m m
~.
~ ~'' I 3 ~ .T 'v\~ I ~ ~ ~ ~ ^~^^
m ~~~ ~'
L ~
I a ~ I
i ~ ~
~ '~
~ ~
`° m m
m c N g
' ~ ~ i O N
~/ : ~ I ~
I ~
~ 7
J ~ m
.~.-.
.
~
_
~
i
H
~
a d d
7 w
a o
m m
._.
QP~g
~..
P
~~
~j
~,
W ovg~g~D
~ a ~
~~ ma~yx
°,~ say a~
V
C' .. W d y 3 '~" y 'p
_ ~
_
(~ ~~~m~mc=D
W
~ - ~ yl
, ~
~ N d
W ~ ^ :C (D
~
7
.
Gl'dt`
~ d
~
M N_
~ ~
m C
ti am
..
d
.
.
lC
7 -
.~-
O
7
~
<
<D
w
~
'9
V ~
~
~
~`~
~~~~
~ ~
,
.
,q3y
'~ ~!~
1.1-~ ~y~ppp, ~gyy
.fin ba iwY
~
[ A
A
f ~ 2
~ ~'
~
n
0
V
M
Z
m
m
r
O
W O O N
OO ~ ~®~
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300
VANDERBILT MORTGAGE AND FINANCE, INC.:
v.
CHRISTY BRYAN
NOTICE
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 10-3568 CIVIL
PURSUANT TO RULE 236 OF THE PENNSYLVANIA RULES OF CIVIL
PROCEDURE, NOTICE IS GIVEN THAT A JUDGMENT BY DEFAULT IN THE ABOVE-
CAPTIONED MATTER HAS BEEN ENTERED AGAINST YOU.
),
PROTHONOTAR
If you have any questions concerning the above, please contact: ,~/~ r!D
Sarah A. Jarosh, Esquire
1530 Locust St., Suite L-900
Philadelphia, PA 19102
215-545-3339
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300
VANDERBILT MORTGAGE AND FINANCE, INC.:
v.
CHRISTY BRYAN
iaq ~,~ e~bu Mobile Es¢
E it i
ZC1~Jv.eZ~ ~3t i•v~
PALt~51
~~~~
Pf~, ~ .~_
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 10-3568 CIVIL
Praecipe for Writ of Execution
To the Prothonotary:
Issue writ of execution in the above matter:
Amount due: $18,192.73
Interest from judgment date: $
Costs to be added: $
O
~a~.00 P/J AT1y
Flo .oo CE3F
qa. oo ..
I~. oo ••
a,~ ..
~ 178.5'p _ ~ A1~y
~ d.oo ~u~Co
• 5p L.L
~~ las~3
Sarah A. Jar
Attorney for
I~r it o-P ~, ~-~-~
LAW OFFICES OF PETER E. MELTZER
AND ASSOCIATES, P.C.
By: Peter E. Meltzer
Identification No.: 39828
By: Sarah A. Jarosh
Identification No.: 206946
1530 Locust St., Suite L-900
Philadelphia, PA 19102
(215) 545-3300
VANDERBILT MORTGAGE AND FINANCE, INC.:
v.
CHRISTY BRYAN
Waiver of Watchman
~ILE~.~ t : ,.'~
2Q10 J~?. 2c~ ~'a- 1
r
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO. 10-3568 CIVIL
I, Attorney Sarah A. Jarosh, do hereby state that any Deputy Sheriff or Sheriff levying upon
or attaching any property under the writ issued in the above-captioned matter may leave
same without a watchman, in custody of whomever is found in possession, after notifying
such person of such levy or attachment, without liability of the part of such Deputy
Sheriff or Sheriff to any plaintiff herein for any loss, destruction or removal of any such
property before the Sheriff's sale thereof.
Attorney for Plai iff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-3568 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due VANDERBILT MORTGAGE AND FINANCE, INC.,
Plaintiff (s)
From CHRISTY BRYAN, 129 Shippensburg Mobile Est, Shippensburg, PA 17257
(1) You are directed to lery upon the property of the defendant (s)and to sell any and all property.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $18,192.73
Interest
L.L.$.50
Atty's Comm
Atty Paid $178.50
Plaintiff Paid
Date: 7/26/10
(Seal}
1ZEQUESTING PARTY:
Due Prothy $2.00
Other Costs
David D. Buell, othonotary
By:
Deputy
Name: SARAH A. JAROSH, ESQUIRE
Address: LAW OFFICES OF PETER E. MELTZER AND ASSOCIATES, PC
1530 LOCUST ST, SUITE L-900
PHILADELPHIA, PA 19102
Attorney for: PLAINTIFF
Telephone: 215-545-3300
Supreme Court ID No. 206946
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~a>.~ttitr at ~~t~trGPr~ ~
~; ; ~:.;~ ~ ~'~ ;~~~G 3 I Pty 1 ~ 07
Y
gF~tCE ~F ThE gH6Rt€F ~~1~a3~~1'1I~~~
Vanderbilt Mortgage and Finance, Inc.
vs.
Christy Bryan
Case Number
2010-3568
SHERIFF'S RETURN OF SERVICE
08/30/2010 06:13 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 30, 2010 at 1809 hours, he served a true copy of the within writ of possession, in the above entitled
action, upon the within named defendant, to wit: Christy Bryan, by making known unto Christy Bryan, at 12~
Shippensburg Mobile Estates, 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: $48.00
August 31, 2010
SO ANSWERS,
.* `"`
RON R ANDERSON, SHERIFF
Ge a d Worth ton, Deputy
Or TN P"fl { ~?~~SflTARY
(cj CountySuite Sheriff, Teteosoft, Inc.
t
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
SOiICItOr
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
~ayrltr of ~u+~brrr~~~
~~ ~'/ .~~
r ~~r~,-
+-~;~~-
gFFiCE ~:`~ THE SHERIFF
~~~~ (~
~F TI-~F o~^x;M~~,r,~r~TARY
~~ SEP -2 PM 3~ 40
CUMB~E~i~,~}•~i~ COiJNTY
I~v~snvgNw
Vanderbilt Mortgage and Finance, Inc.
vs.
Christy Bryan
Case Number
2010-3568
SHERIFF'S RETURN OF SERVICE
08/30/2010 06:13 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
August 30, 2010 at 1809 hours, he served a true copy of the within writ of possession, in the above
entitled action, upon the within named defendant, to wit: Christy Bryan, by making known unto Christy
Bryan, at 129 Shippensburg Mobile Estates, 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
09/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of possession is
returned STAYED, per request from plaintiffs attorney.
SHERIFF COST: $48.44
September 02, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
By
aron R. Lant
c~ ~ ~~
~ a~~7~3
{ci CountySuite Sheriff. Teleosoft, Inc.