HomeMy WebLinkAbout11-3427•. ' t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE, INC.
A SUBSIDIARY OF WASHINGTON FEDERAL Civil Action No.
SAVINGS AND LOAN, ASSIGNEE OF
SAPPHIRE POOLS,
PLAINTIFF,
VS.
ROBERT P. BURRIS AND
DALVIRENE FLATLEY,
DEFENDANTS.
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COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff(s)
COUNSEL OF RECORD OF THIS PARTY:
SHAWN P. MCCLURE, ESQUIRE
PA ID #205951
JENNIFER L. TIS, ESQUIRE
PA ID #203751
Bernstein Law Firm, P.C.
Firm #718
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
412-456-8100
BERNSTEIN FILE NO. 80-091
AC, 66'pd a
any ?-
355597
3/17/2011 ?? a ? 7 yys
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE, INC.
A SUBSIDIARY OF WASHINGTON FEDERAL Civil Action No.
SAVINGS AND LOAN, ASSIGNEE OF
SAPPHIRE POOLS,
PLAINTIFF,
VS
ROBERT P. BURRIS AND
DALVIRENE FLATLEY,
DEFENDANTS.
NOTICE AND COMPLAINT
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served upon you,
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 OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Lawyer Referral Service
PA Bar Association
PO Box 186
Harrisburg, PA 17108
1-800-692-7375
355597
3/17/2011
t
P
COMPLAINT
1. Plaintiff, First Mutual Sales Finance, Inc., a subsidiary of Washington Federal Savings and
Loan, successor by merger to First Mutual Bank, (hereinafter "First Mutual") is a Delaware corporation
whose address is 400 108t' Avenue NE, Bellevue, Washington 98004, and, as the assignee of the rights of
Sapphire Pools stands in its assignor's stead.
2. On or about February 1, 2008, First Mutual Bank merged with Washington Federal Savings
and Loan Association as evidenced by the Certificate of Merger, marked Exhibit "1", and made a part
hereof.
3. On or about February 29, 2008, by resolution of the Board of Directors of Washington
Federal Savings and Loan, First Mutual Sales Finance, Inc. was assigned all of First Mutual Bank's rights
in and to the assets associated with the Sale Finance Business as evidenced by a true and correct copy of the
Resolution of the Boards of Directors of Washington Federal Savings and Loan Association, marked
Exhibit "2", and made a part hereof.
4. Defendants, Robert P. Burris and Dalvirene Flatley, (hereinafter "Defendants"), are adult
individuals with a last known address of 3701 Lisburn Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
5. On or about April 24, 2008, Defendants entered into a contract with Sapphire Pools for a
Caribbean King swimming pool to be installed at the Defendants' residence at 3701 Lisburn Road,
355597
3/17/2011
i
Mechanicsburg, Pennsylvania 17055. A true and correct copy of said Agreement is attached hereto, marked
Exhibit "3", and made a part hereof.
6. To induce the extension of credit, the purpose of which was the purchase of a Caribbean
King swimming pool to be installed at the Defendants' residence at 3701 Lisburn Road, Mechanicsburg,
Pennsylvania 17055, Defendants executed and delivered to Sapphire Pools a Home Improvement
Installment Contract, (hereinafter the "Contract"), a true and correct copy of which is attached hereto,
marked Exhibit "4", and made a part hereof.
7. Contemporaneous with the execution of the Contract, Sapphire Pools transferred all of its
rights, title and interest in the Contract to First Mutual, as evidenced by the transfer language located on
pages two and five of the Contract, attached hereto as Exhibit "4."
8. Pursuant to the terms and conditions of said Contract, Defendants agreed to pay to Plaintiff
the sum of Seventeen Thousand Five Hundred Dollars ($17,500.00) for said swimming pool, to be paid in
one hundred twenty (120) consecutive monthly installments of Two Hundred, Fifty and Ninety-seven
Hundredths Dollars ($250.97) each, beginning approximately thirty (30) days from the date of completion at
an annual percentage rate of 11.99. See Exhibit "4."
9. Plaintiff avers that Defendants are in default of said Contract by failing to make the agreed-
upon payments as they became due despite demand therefore.
355597
3/17/2011
10. Defendants have not made a payment since September, 2010, thereby rendering the entire
balance immediately due and payable pursuant to the terms of the Contract.
11. Plaintiff avers that Plaintiff is a secured party with regard to certain fixtures, as is more
specifically shown by the UCC Financing Statement, a true and correct copy of which is attached hereto,
marked Exhibit "5", and made a part hereof.
12. Plaintiff avers that the balance due and owing from Defendants amounts to $16,005.32, as is
more specifically shown by Plaintiff's Payoff Sheet, a true and correct copy of which is attached hereto,
marked Exhibit "6", and made a part hereof.
13. Pursuant to the Contract, Plaintiff is entitled to ongoing interest on. the unpaid balance at the
annual rate of 11.99%. See Exhibit "4".
14. Pursuant to the terms and conditions of the Contract, Plaintiff is entitled to recover its
collection costs (including reasonable attorneys' fees) of not more than 20% of the balance due. See Exhibit
«4„
15. Plaintiff avers that such collection costs (including reasonable attorneys' fees) amount to
$500.00.
16. Although repeatedly requested to do so by Plaintiff, Defendants have willfully failed and
refused to pay the aforesaid balance, interest, attorneys' fees or any part thereof to Plaintiff.
355597
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WHEREFORE, Plaintiff demands Judgment against Defendants, Robert P. Burris and Dalvirene
Flatley, jointly and severally, in the amount of $16,505.32 with ongoing interest from February 7, 2011, at
the rate of 11.99% per annum and costs.
BERNSTEIN LAW FIRM, P.C.
BYf
Atto ey for Plaintiff(s)
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
412-456-8100
BERNSTEIN FILE NO. 80-091
355597
3/17/2011
STATES OF
atowtof. tito
CO) 4 1 . bit
Secretary of State
CBRTIPICA79 OF MERGER
1, Sam Reed, Secretary of State of the State of Wad ngton and oustodi >i of its seal.
herby certify that dooturtents meettng atatntory requh mama have Gear filed and
prooeaeed with the Secretary of State merging the tinted "Mwglq Entities" into;
WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION
Bank CDgMdon
UBk 000-000-000
Filing Dna. February 1, 2009
Merging Bntities.
600-013-141 FIRST MUTUAL BANK
Given umkr my hand and ft Seal of the State
of Washington at Olympia, the State Cap! W
Sam Read, Secretary of Stare
EXHIBIT I/
CERTIFIED
WASHINGTON PRDERAL SA'
AND LOAN ASSOCIATION
I, Edwin C. Hedlund, being the duly qualified and elected Secretary of Washington Federal
Savings and Loan Association (the "Company'), hereby certify that the following is a true, comet
and complete copyofthe resolutions duly and validly adopted bytheBoard ofDireetors ("Board') of
the Company at a meeting duty called and held on Pebmary;0 2008, that at said meeting a quorum
was present and voting throughout, and that the resolutions have notbeen rescinded or modified and
are now in full force and effect:
I.
WHEREAS, the Company has received regulatory approval.from the Office of Thrift
Supervision (the "OTS'), pursuant to the letter from the OTS dated February 7, 2008, and the
Federal Deposit Insurance Corporation (the "FDIC"), pursuant to the letter from the FDIC dated
February 8, 2008, to establish woperating subsidiary pursuant to and as further described in the
Notice of Establishment of an Operating Subsidiary filed by the Company with the OTS and FDIC
on January 28, 2008; and
WAERIt:AS, the Board believes that it is advisable and in the beat interests ofthe Company
and its stockholder to (f) establish First Mutual Sales Finance, Inc. C FMSF") as a wholly owned
subsidiary of tho Company, and (ii) contribute,-assign and convey to FMSF all of the Company's
rights, title and interests in and to the assets associated with the Sale Finance Busineae (as defined
below) ofthe Company as more Wly described in the Contribution Agreement (as definW below).
NOW, THEREFOUt 13E IT RESOLVED, that the actions taken by the officers of the
Company inco4junction with the preparation and filingofthe Certificate of Incorporation ofFMSF
with the Secretary of State of the State of Delaware and all actions taken by such officers and the
incorporator related to the incorporation of FMSF are hereby adopted, ratified and confirmed;
RESOLVED FURTHER, that the officers of the Company be and hereby are authorized,
empowered and directed to purchase 100 shares of common stock, $0.01 par value per share, of
FMSF, which iepresents all oftheissued and outstanding stock ofFMSF, for an aggregate purchase
price of $1.00;
RESOLVED FURTHER, that the actions taken by the officers of the Company in
conjunction with the preparation and filing of the Notice of Establishment of an operating
Subsidiary with the OTS ahd the FDIC with respect to the establishment ofFMSF as an operating
sdbsidiary, are hereby adopted, ratified and confirmed;
RESOLVED FURTHER, that upon review and consideration by the Board, the
Contribution Agreement, dated Febrnary' 2008 (the Untribudon Agreement"), byand between
the Company and FMSF, together with all related exhibits and schedules, in substantially the form
26919n.04
...lei ifE]IT
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attached hereto as &Dcndix AD pursuant to which the Company shall assign and uuefer certain
ease
WWn r
the Company (the "Sales Finance Business") from the Company to PMSF, is hereby approved and
sdopted, and the President and Chief Bxecutive Officer and the other appropriate officers of the
Company are authorized and instructed to execute and deliver the Contribution Agreement subject to
any changes to the Contribution Agreement they deem appropriate on behalf of the Company;
R. MANAGEMENT AGPJ91NU NT
RESOLVED FURTHER, that upon review and consideration by the Board, the
Management Agreement, dated February ^, 2008 (the "ManagerrrentAgreement" ), bymd between
the Company and FMSF, together with all related exhibits and schedules, in substantially the form
attached hereto as AgpMft, pursuant to which the Company shall provide certain management
and administrative services to FMSF, is hereby approved and adopted, and the President and Chief
Executive Officer and the other appropriate offloom ofthe Company arc authorized and instructed to
execute and deliver the Management Agreement subject to any changes to the Management
Agreement they deem appropriate on behalf of the Company;
III. , CREDIT FACILITY
RESOLVED FURTHER, that upon review and consideration by the Board, the Credit
Agreement, dated February .2008 (the "Credit Agreement"), by and between the Company and
FMSF, as debtor, including any instruments and agreements related thereto, in substantially the form
attached hereto as Am=&L, pursuant to which the Company shall provide a revolving line of
credit to FMSF in the aggregate principal amount ofup to 58,000,000 (the "Credit Facility', which
such Credit Facility is to be used to fund loans originated byFMSF and the terms of which are to be
market equivalent to those lines oferedits negodste4at arms-length, is hereby approved and adopted
and the President and ChlefBxecutive Officer erid the other appropifateoflicers oftho Company are
authorized and instructed to execute and deliverthe Credit Agreement subject to any changes to the
Credit Agreement they deem appropriate on behalf of the Company
RESOLVED FURTHER, that, in connection with the execution and delivery ofthe Credit
Agreement, upon review and consideration by the Board, the revolving credit note in the original
principal amount of $8,000,000 to be made and issued by FMSF in tlrvor of the Company, dated
February
,_, 2008 (the "ttevolving Note'), in substantially the form attached hereto as
which reflects extensioms ofcredit under the Credit Facility, is herebyapproved and adopted, and the
President and Chief Executive Officer and the other appropriate officers of the Company are
authorized and instructed to receive the Revolving Note subject to any changes to the Revolving
Note they deem appropriate on behslfof the Company
IV. SUBORDINATE TERM LOAN
RESOLVED FURTHER, that upon review and consideration by the Board, the subordinate
term note in the original principal amouuntofS100,000,000 to be made and issued by,FMSF in favor
of the Company, dated February, 2008 (tile "Subordinate Term Note") with terms that are
269191.04
?3
Federal Home Loan Bank note, in substantially the form attached hereto as
which load is to be used for [the lhuding of loans,] working capital and other general corporate
purposes, is hereby approved and adopted, and the President and Chief Executive Officer and the
other appropriate officers of the Company am authorized and instructed to receive the Subordinate
Term Note subject to any changes to the Subordinate Term Note they deem appropriate on behalf of
the Company;
IV. OTHER AUTHORIZATION
RESOLVED WRTHER, that the President and Chief Executive Officer and the other
appropriate officers and representatives of the Company, or any of them, be and are hereby, in all
respects, authorized, empowered and directed fbr and on behalf of the Company to take, or cause to
be taken, all such actions and to execute, deliver and file, or cause to be filed, all such agreements,
aliplications, certificates, documents, instruments, notices, Including but not limited to anatice ofthe
establiabment of FMSF as an operating subsidiary of the Company with the FDIC, and reports as
they may deem necessary, appropriate or desirable to oarry out and effect the transactions
contemplated by the agreements approved hereby; and
RESOLVED MRTHER, that any other actions taken by the officers ofthe Companyprior
to the date of the meeting in relation to the transactions contemplated hereby are ratified, approved
and confirmed.
[Signature Page F'ollowsj
2b9191.pd
!V
IN WITNZSS WHBREOF l Edwin Hedlund, Bxacutiva Vice President and Secretary,
.?-- 'd. 11-a'a----1
Bdwin C. Hedlund
Executive Vica President and Secretary
26919(.04
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SEE REVERSE FOR CE ;aAM DEFINMMS
DELAWARE
FIRST MUTUAL. SALES FINANCE, INC.
100
commons
THIS CERnFIES THAT PAR vALU?
"Aa"INGTON FEDERAL SAVINGS AND LOAN ASSOCIA-noN
Is the artier 0.
ONE HUNDRED
SHARES OF COMM ST*X PAR VALUE $M
FIRST IW'NAL SALES PINANCK INC.
n1° ?^? renew br ? osrelkaLe are
Ie or ? wpeeea?eaipw, upo,? d ? cooks of tte (bcpor,4or, br the Golder of mooN IlrecooL or
fsle vrirh ebe ), m ? MtAide?eiona tl?e ? ? ? c0rpwafoO?Mc?d'a„d ? a1«ab(coples' d,Md
TRANSFER iS SLOJECT TO RESTRCTWE STOCK LEGEND ON BACK
DaW. Febrvary29 2W$
Edeefn C: Hedlund, ;Fr
a.... --- -
461430.01
10
114 K DE, NH. CT, IN, AMA. (3A, MD Duce Vf?iii?fl?
Is 'ostweaa
3200 48th Street, Pennsauken, NJ 08109
1-866.237-2217
WN a Lg3t?gg Fax: 866.773-D440 e
CGA 13"214M -("Seller")
agrees to furnish al materials and labor nece `nlt`atlo ernwor rk on
verilksson of the price of work by setter and to ro iii off (ssuir the promises located at the following address, sub)ect to
ayers crecNt.
Name ofBwe i--$ ttpiyts; fn,?lv?t Home Phone 71'7-?d
Work Phone l Coil Phone _ /t?[V b[?4.015-'05 Fax
Address 21M _I-4wn tA Date +?1t
lo_
City (lYl1 f? Itrt'1 state-T-&-ap im ss
CARIBBEAN KINGS Sales Price $ 12-W6,60
SPECIFICATIONS AND FEATURES
30'6" x 267" overall
24' round swim area
Spacious aluminum patio dock 18' 0. D.
Color UOordnated in azure blue and white
All aluminum construction
Aluminum walk-around deck surrounds entire pool
Aluminum safety fence with privacy panels
Heavy extruded aluminum vertical supports
Aluminum sklewalls that never need painting
Vinyl acrylic finish
In-wall automatic skimmer
Aluminum In-pool ladder
Self-locking aluminum exterior )adder
20 gauge vinyl liner - Terrazzo Design bottom
Space age water purification system
30 year transferrable limited factory warranty
Pool Cover Not Included
Deposit $ c0,
Payment on Delivery
$
Payment on Completion $ 17l 600. 60
Payable s coMfII per month in . ! c install.
ments, beginning n. days after completion.
(1) Do not sign this agreement if any of the spaces
intended for the agreed terms to the extant of then
available Information are loft blank. (2) You are entitled to
a copy of this agreement at the time you sign it. (3) You
may at any time pay off the full unpaid balance due udder
this agreement, and In so doing you may receive a perils[
rebate of the finance and insurance charges.
saw hereby agroas banissretlabor smro ii ?d materials dhersin (y 10 Complete he herein wwk agreed upon and detailed above for the sum
specified heroin and according or otharooni illonsbeyondconVotolthe Com
W n>ONAN rss.mat LO aBILrdITYIlaborURANC
on allworkdatelledboarin. n1/ SeleragresstocarryW0A1fMEN'SfOMPCNSATIONANDPUBIIC LIANSUAANCE
It is understood and agreed that no other Detaps. Terms and Conditlona, expressed or implied, have been agreed upon except those slated
herein. and that this Contract covers and supersedes all Conversations, Statement or Agreements bewreen the Patties heret, their Agents, or
Representatives.
Buyer(s) agree that, upon completion of the work, according to terms of the agreement, that payment shat( be promptly made aocording to those
terms or In Ms Instance of financing arrangements, to promptly provide a co frrcateevidencingcompteslonandwhatever other documents asmay
berWirodbytheIan ingiegluton.
AMUMEN1:YouTotobebound bythe provisions of this reement Including those on the reverse sift
"YOU THE BUYER MAY CANCEL THIS TRANSACTION AT ANYTIME PP40A TO MIONIOHT OF THE THIRD BUSINESS DAY AFTER THE
O
ATS OF THt9 TRANSACTION. 9EE THE ATTACHED 140TICE OF CANCELLATION FORM FOR AN EXPLANATION OF THE RIGID" By
s4pkV Um Woomonf, you
notes youcopy eeLresraent,completed copiesofthesNaehsd
Ali equipnentand mateaaisdalyered to the job site premises, regardlessof whetneriroorporated inthe property or not. remains the properiyof
thedeMerunW Wig paid ter. Owner(s) agrees that f dealer shall have scows to We same at all reasonable times unfit payment is full hereunder.
Any materials notineorponaled intoths work performed hereunder remain the property of the dealer.
Owner(s) warrant that the pod site is within properly lines, and agrees to assume ,esponsi iNry to provide *roadway Ingreu to
worldogarea. Ris agrsadfhaftheOwner(s)will supply water ofigffnepool atft*Ownerfe)expense. Installation shag be doomed cor"tewhen
pool is ready lobs rftd with water. Thepardeslmreofurther sgr tihisrortractdoesnnotincludaelectrical rlandscapingofanyldnd.
Cordractragreeststsdabovedeagibedwork onwabout completeworkonoraabbout? .
?rr of (SEAL) eager) (nmure of
sy N (SEAL)
11th2yte
(Name) (Yids) (signature of Buyer) (SEAL)
EXHIBIT
HOME IMPROVEMENT Salter Buyer
INSTAL LMENT CONTRACT SAPPHIREPOOL$ ROBERT BURNS
LNo'7 NSYLVANIA azoo 48TH sT OALMRENE FLATLEY
PENNSAUKEN, NJ 08109 9701 LISBURN RD
811003911 13.12 M t cNANtC8euR0PA uflsa
008 "we" and "us" mean the 8e11er above, and "You" and "youe, mean each Buyer above,
anv tranatamn N ma #,..r . e.t. n__..._. _ _
0MAM; Tou agree to purchase from us the goads and/or service, described below according to the terms of this Contract. The tern
'Contract' means this document and any separate document which segues this Contract,
Yts"a;u+IliVli ut wwo
arWor Services Purchased
POOL
(Not household goods)
PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 1750000 plus Interest
on the unpaid balance at ft rate of 11,99 % Per year udi this Contract Is paid in hull (which 11412 include Ihb Wod after dhe last
payment Is due and after a court judgment, if necessary). Interest vAil begin to accrue on
the data is lion
You spree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH IN LENDING
DISCLOSURES. You also agree to pay any additional amours according to the forma of #Me Contrail.
? This Contract Is not payable in Installments of equal amounts. ? An installment of $
will be due on ? Larger Installments will be dues* follows:
? MINIMUM FINANCE CHARGE: You agree to pays minimum finance c hamge of $ if you pay this Contract in full
before we have earned that much in finance charges.
DOWN PAYMENT: You also agree to pe . or apply lo are Cash Prim on or before today's date, any cash, rebate and net trad" value described In the
ITEMIZATION OF AMOUNT FINANCED. [f You agree to make deferred payrmeMa as part of the each down payment as reflected in your Payment
Solwuts.
Te11TU 1?1 1
.+ LcIwrRV Hlab
ANNUAL FINANCE AMOUNT FINANCED
PERCENTAGE RATE CHARGE h.VaYKCif
TOTAL OF PAYMENTS TOTAL SALE PRICE
The amount of credit
The cost of your credit as The dollar amount the provided to you or 11
l Tha amount you will have The total host oryour purdnsaon
pald when you have made craft induc?g year dawn payment
a year
y refs credit will cost you, your behalf. all scheduled payments. of 3 500.00
11.99 % $ 1261640 e b 17,500.00 $ 30,118.40 a 30,816.40
Payment Schedule: Yamr payment schedule will be °
Number of Pa to Amount of P ants When Payments Are Due
120 250.97 Monthly, on a schedule beginning a
pproxitnately 30 drys from the isle
Interest commences to accrue.
Security: You are giving a security Interest in ? the real property at
® the Goods purchssed. ? (description of other property)
® Late Charge: Ire payment is more than 10 days late
we will char
e
,
g
you 5% of the WMADI AITMIII of $5,00, whkhftw
Is lase,
Prepayment If you payoff this Contract early, you 0 may ® win not have to pay a Mintmum Finance Charge.
Contract Provisions: You can see the terra of this Contract for any additional kNormation about n
onpayment, breaking the terms of No
Contract, any required repayment before the scheduled date, and prepayment refunds and penalties
'
'
.
e
means on estimate
PENNSYLVANIA HOME IMPROVEMENT RETAIL INSTALLMENT CONTRACT rev. 712512000 19770181100391113.12 FVM Mlawl Sues Flnuwa
offs r of 5)
?x?ciQir Al
BUYER RESTRICTIONS: If you do not meet this Contract's Obligations, you may lose the property that you bought in this sate.
SECURITY: The term Property means any collateral that Segues this Contract If you do not most your contract obligations, you may lose
the pro", lnciudirg:
® The Goods Sold, plus all accessions to such Goods, plus any other Property, all as described In the SALE section. By signing this Contract
you are giving us the security interest in these Goods and any such other Property.
? The root property that includes the home Improved, by a separate mortgage dated
CREDIT INSURANCE: Credit We. credit disability, and any other
insurance -805 quoted below, are not required to obtain credit and
we Will not 1NOrida them unless you Sign and agree to pay the
additional promkan. If you want such insurance, we will obtain It for
YOU (M You 01* for *0V11+a8e)• ft we quoting below ONLY the
coverages you have chosen to purchase.
Credit Lila: Insured WA
? Single ? Joint Prem. $ NIA Tenn WA -
Credit 0lsablOlyrinsurod NIA
? Single ? Joint Prem. E NIA Term WA
Name of Insurance Company: _ WA
Your signature below means you want (only) the insurance
coverages) quoted above. If none are quoted, you have declined
any coverages we offered.
QUA NIA
Buyer dio/b Buyer d/olb
WA NIA
Buyer d/o/b Buyer dloib
PROPERTY INSURANCE: You must insure the Property securing
this Contract You nay purchase or provide the Insurance through
any Insurance company reasonably acceptable to us. The deductible
amount of this inneanee may not axosed
S? _1tNA Via do not oiler lability insurance
coverage for bodily Injury and/or property damage.
? SERVICE CONTRACT: With your purchase of the Goods,
you agree to purchase a Service Contract to cover
WA
This Service
Contract will be In effect for NIA
MLERS E:
Name d Ti%
TRANSFER: We hereby transfer this Contract to (identity):
(08m l!!lllsl@ so Finsncs. Ire 40D IOM
NE aellerue ?(l.A?gp/
(easy 51t6.aeoo
. we
transfer INS Contract [] under the terms of a seperals "ment,
under Oro terms of Me TRANSFER BY SELLER on page 5. ? V*
make this Vws* with ne.
A wizsciStflerlTepresentativeSignature Date
x ,dror+?e.t?
Authorized Sailer Repr tative Printed Name and Tile
ITEMIZATION OF AMOUNT FINANCED
Goods andlor Services Price S 10,000.00
(including sates tax of $ __)
Service Contract, Paid to: WA S
1. Cash Price S 10,000,00
Manufacturers Rebate $ _ WA
Cash Down Payment $
500.00
Deferred Down Payment $
WA
2. Subtotal S 600.00
Trade-in Allowance $
WA
Less: Amount Owfrg S N/
TO. NIA
3. Net Trade-in $ WA
i. Total Down Payment Okhe 2 plus line 3) S 500.00
5. Unpaid BataRcs of Cash Pdoo Pine 1 rrwiw one a) S 17,500.!10
Fees Paid to Others:
Paid to Public Officials - Filing Fees Only S 0.00
Paid to Public Officials - other than Filing Fees $
Insurance Premiums' S
To: WA S WA
To: WA ? S WA
To: WA S WA
To: WA S WA
To., _ WA $
?
To: WA S WA
6. Subtotal (line 5 plus all Fees Paid to Others) S 17,500.00
7. Prepaid Finance Charges 3 NSA
Amount Financed (line 6 Minus line 7) S 17,500.00
We may retain or receive a portion of this amount.
PENNSYWANA HOME IMPROVEMENT RETAIL INSTALLMENT CONTRACT rev. 712saooo
19770161100391113•A First Mutuatswam rtmnee
(6062015!
(1) Dorotsipnails NOTICETOBUYER
contradbelbrsyoureadR. (2) YouarseloW
bauxxnpktelyl7 O"crpydthi wr*art (3) Undsrtltelalv,you
have 8ta V tb pay off In a ivance.to tb8 amou itdue and, tender
oerprncar>iMmvkbohhllnapa?talRrha>tfdfhalktermdarpa (q)
You may rescind Oita oonlrv4 subject to kbVI Ibr any 1**bted
dismage ploAdon thereof &*wriaed by law, riot bier than live PM
an the business day Ile w ft tin dale Owed by giving written
noticedmsdeeton to the contractor able placedbusinew titian
hthownt sc(, butifyou r windalterlhroPM on tine bueiressday
b8mft you are sill u1 Norl b offer deliarees h m9gallm Of
damages and to pasha arty rights of action or deli rNws that arts
out of tin t+eteacdo (fou may have other rlghtr b cars, I this
transaction which we even more favorable to you Start this tuna,
tXhe r forma we s?Mtn Sher a rtst#s do yar.)
ADDITIONAL TERMS OF THIS CONTRACT
GENERAL TERMS: You agree to purchase the floods and
services over time. We assume in the Total Sale Price
disclosure that you will make all payments on time. The actual
amount you will pay may be more or less depending on your
porn" record.
We do not intend to charge or collerd any interest or fee that
is more than state or federal law allows, if we charge or Coded
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 isle remain enforceable without such section or provision. rf ws
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.
The law of Pennsylvania will govern this transaction, which
is where the inprovemaM will be done. Federal law may also
apply. Any provision that appoints us as an agent is not
subject to the provisions of 20 Pa. C.S.A. Section 5601 at seq.
(Chapter SS: Decedents, Estates and Fiduciaries Code). By
exercising any of our rights under this Contract, we do so for
our sole benefit.
NAME AND LOCATION: Your name and address indicated
on page 1 are your exact legal name and your principal
residence. You will provide us with at least 30 days notice prior
to changing your name or principal residence.
PREPAYMENT: You may prepay this Contract in full or in
part at any time. Any partial prepayment will not excuse any
later scheduled payments until you pay in full.
BY SIGNING BELOW BUYER AGREES TO THE
TERMS ON PAGES 1 THROUGH S OF THIS CONTRACT
AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS
CONTRACT.
Q ):
d?
8
D 11"W al `
Signature Date
X
Signature Date
X
Signature Date
You may obtaln from us, or the insurance company named
in your policy (or cartiSce(e of insurance), a refund of any
unearned insurance premiums. '
ADDITIONAL SECURITY: You also assign to us and give
us a security interest in proceeds and premium refunds of any
Insurance and service oontracte purchased with this Contract.
OWNERSHIP AND DUTIES TOWARD PROPERTY: if
you give us a security Interest or a real estate mortgage 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.
S. The security interest you are giving us in the Property
comes ahead of the claim of any other creditor, excerpt as
agreed to in writing by us. 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 at the address listed on page 1 of this
Contrail You will use this Property for its intended and
lawht purposes.
D. You VAN not try to sell or transfer any rights in the Property.
E. You will pay all taxes, fees, and expenses on the
Property when due.
F. You will noefy us of any loss or damage to the Property. You
Wit provide us reasonable access to the Property for the
purpose of hepK4IOA.
DEFAULT: You will break this Contract (default) if any one
of the following occurs (except as prohibited by law):
You fail to make a payment in full when it to due.
PENNMVANtA NOME IMPROVEMENT RETAIL INSTALLMENT CONTRACT Ctn. 712600
1977018110039(113-A FNse Muuul sets flnano
twat 3 Of s)
B. You fail to perform any obOgatton that you have
undertaken In this Contract (which includes doing
something you have agreed not to do).
C. You make any written statement or provide any financial
information that is untrue or misleading at the time you
gave it to us.
If you break this Contract, you agree to pay the court costs
we incur and our attomays' fees of not more than 20% of the
amount due and payable, for attorneys who are not salaried
employees of ours. If residential land secures this Contract,
there are further Omits on the amount of attorneys' fees, as
provided by taw.
If one of you breaks this Contract, then all of you break
this Contract. We may collect against any one or more of
you, at our choice, until we are paid In full.
OUR RIGHTS TO COLLECT: if you break this Contract,
we hove rights we can use to collect what you owe us. These
rights include those given to is by law, those given to us by
this Contract, and those given to us by any separate
agreement that secures this Contract. These include (see the
exceptions at the end):
A We can require you to pay us all the principal you owe us.
including the amount that would have been due in the
fulure, plus interest
B. We can. but need not, pay taxes, fees, expenses, or
charges on the Property that you fell to pay. We can than
collect such payments from you, immediately, and such
amount will earn interest at the rate on this Contract.
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 if
we do so lawfully. We may than as# the Property and
apply what we receive to our reasonable expenses and
then toward your obligations.
E. Except when prohibited by law, we may sue you for
additional amounts if the amount we get from a safe
does rot pay all you owe us.
Paragraphs C. and D. do not apply to any land which may
secure this Contract, and the low imposes other Omits on our
rights when a residence is the security. We will teM you those
limits If and when they become important to you.
By choosing any one or more of these rights, we do not
give up our right to later use another one. If we decide to
ignore something you do (or fell to do) that breaks this
Contract, we may later treat that type of event to be a break of
this Contract.
If we take Property that secures payment of this Contract,
we must send you notice of our intention to sell it. You agree
that 10 days notice mailed to you at your address on page 1 of
this Contract is reasonable. (When land is the security, other
rufes apply.)
If the U.S. Department of Housing and Urban Development
insures this Contract under its Title 1 Property Improvement
Loan Regulations, our right to make you pay oft the entire
Contract is subject to the limitations of those regulations.
PENNSYLVANIA HOME IMPROVEMENT RETAIL INSTALLMENT CONTRACT row. 7426n oo
INSURANCE: If you secure this Contract with Property, you
must Insure Ibis Property against lose and physical damage.
You must arrange for the insurance company to name us on
the policy as the first to be paid in the event of a loss. If a
benefit paid to us does not pay off this Contract, you remain
responsible for the balance. You will keep the insurance in effect
until you pay this Contract In full.
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 then what you might have to pay if you
buy it yourself. We will add the premium to the amount you
owe us, and you must pay interest on the amount at the
contract rate, though we may require you to pay us
immediately.
INDEPENDENT RESPONSIBILITY: Each of you who
signs this Contract is independently responsible to pay A and
to keep the other promises. This Is true even if:
A Someone also has also signed it.
B. 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.
R 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 extant permitted by law, you agree to
give up your rights to require us to do certain things. You
do not require us to:
a. demand payment of amounts due;
b. give notice that amounts due have not been paid, or
have not been paid in the appropriate amount, time
ormanner; or,
c. give notice that we Intend to make, or are making,
this Contract Immediately due.
NOTICE: ANY HOLDER OF THIS
CONSUMER CREDIT CONTRACT IS
SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD
ASSERT AGAINST THE SELLER OF
GOODS OR SERVICES OBTAINED
PURSUANT HERETO OR WITH THE
PROCEEDS HEREOF. RECOVERY
HEREUNDER BY THE DEBTOR SHALL
NOT EXCEED AMOUNTS PAID BY THE
DEBTOR HEREUNDER.
18770181100301113-A Frnt MWudsWaFlmrm
fwa+ast
TRANSFER someone whoYmaSELLER: y Own this Contract or below, IS etween us an a right to receives your payments or ,both. does
transfer.
We will give you separate noses of is
Seller transfers to the party (Transferee) listed in the TRANSFER section on this Contract oil of Seller's rights in this Contract.
Seller assures Transferee of the following.
A. This Contract represents a sate by Seller to Buyer.
B. The statements contained in this Contract are true and correct.
C. Buyer paid the down payment exactly as stated.
D. The Seiler completed the sate in accordance with all applicable laws and regulations.
E. This Contract is valid and enforceable.
F. The names and signatures on this Contract"are true and correct.
G. This Contract is not subject to any claims or defenses on the part of Buyer.
H. Seller delivered a completely filled-in copy of this Contract to Buyer at the time Buyer signed this Contract.
1. Seiler delivered the goods and services to Buyer.
If any of these assurances Is untrue, Selter will, upon Transferee's demand, repurchase this Contract from Transferee. This
repurchase will be for the amount of the unpaid balance, including Interest, plus the expenses of Transferee, including attorneys'
fees.
Seller will repay Transferee for any loss sustained by it because of a court ordered deduction of the amount Buyer oyes
Transferee. Seller will repay Transferee for any loss sustained by it as the result of a recovery made against Transferee.
Seiler gives up its rights to notice of acceptance of this Transfer, non-payment, non-performance, or any other notice from
Transferee.
Transferee may amend the terms of this Contract with Buyer and any other person obligated under this Contract. Transferee
may do so without notice to Seller and without affecting the liability of Seller under this Transfer.
WITH LIABILITY: If 'wilh liability' is indicated in the TRANSFER section on this Contract, Transferee takes this Transfer with
certain rights of recovery against Seiler. Soler agrees that If Buyer fails to pay or perform according to the tam of this Contract,
Seller will, at Transferee's request, repurchase this Contract. Seller will repurchase this Contract for the amount of the unpaid
balance, including finance charges, due at that time.
WITHOUT LIABILITY: If "without liability" is Indicated In the TRANSFER section on this Contraot, Transferee takes this
Transfer without liability to Seller except as provided above.
DISBURSEMENT DATE:
(This date to for Title 1 HUD Insurance purposes and Seller may flit In this date after the Buyer signs it to reflect the actual
disbursement data. It may appear only on the Original form,)
PENNSYLVANIA HOME IMPROVEMENT RETAIL INSTAUMENT CONTRACT rev, 712&7M 1977018110039113-A FWMMuUaIS.w Fmnano.
tc.a.aasa
Contractor Names aan?Haut roots Contract
Customer Name: ROMMIrStlAW Customer
Property Address. 3701 LISSURN Rp
NOTICE OF RIGHT TO CANCEL
(ffomelmpr0vemen1 Rara117 1,?ft trntConrracv)
You are catering into a home improvement retail installment contract (the "Contract") with the contractor identified
above (the "Contractor''). State law may provide the ComfliMr and the Contractor's subcontractors and suppliers
with lien rights against your home in connection with the work they perform or the materials they supply in
connection with the Contract. You have a legal right under Federal law to cancel this transaction without cost,
within three (3) business days from whichever of the llo .ng events occurs last:
(I) the date of the transaction, which is bQ [insert date of execution of the Contract by
the last parry who signed it); or
(2) the date you received your Truth-in-Lending Disclosures (these Disclosures are set forth in the Contract); or
(3) the date you received this notice of your right to cancel.
If you cancel this transaction, all liens and lien tights of the Contractor and any of its suppliers or subcontractors
against your home are also cancelled. Within twenty (20) calendar days after we, as the Contractor, receive your
notice, we must take the steps necessary to roAect the fact that all liens and lien rights of the Contractor or any of its
suppliers or subcontractors against your home have been cancelled, and we must return to you any money or
property you have given us or to anyone else in connection with this transaction.
You may keep any money or property we have given you until we have done the things mentioned above, but you
must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must
offer its rumnabte value. You may offer to return the property at your home or at the location *(the pro".
Money must be returned to the address below. If we do not take possession of the money or properly within twenty
(20) calendar days ofyour offer, you may keep it without Rather obligation.
If you decide to cancel this transaction you can do so by notifying us in writing at (inser! Contractor s Home oral
address]:
SAPPHIRE POOLS
3700 NTH ST
KHumum m NJ 00100
You may use any written statement that is signed and dated by you and states your intention 10 cancel, and/or you
may use this notice by dating and signing below. Keep one copy of this notice because it contains important
inform" ti t your rights. If you cancel by mail or telegram, you must send the node* no later than midnight of
e ]insert the dote the rescission period its andeipated to expire of the time the notice eras
prepay and venj or midnight of the third business day following the latest of the three events listed above. If
you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later
than that time.
I WISH TO CANCEL
I?+++?+''++??e1 (Date)
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UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS &00 Ind DacM CAREFULLY
A. NAME & PHONE OF CONTACT AT F".ER (optip,llq
LOAN SERVICING 800-775-8015
8. SENDACKNDV&EDGMENT TO: (Ntrty sM( Addw$)
FIRST MUTUAL BANK
PO BOX 1647
BELLEVUE, WA 98009-1647
L
1,6ESTOR'SEXACTFULL LEGAL NAME-brtA6*QW0101WrAM(ION .doMdid"A
,.. VM HAM
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BURRIS ROBERT MWFIA
1, MA7J
3701 LISBURN RD Y
MECHAINCSBURG PA 17055 US
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DEWOR
2. ADDITIONAL DEBTOR's EXACT FULL LEGAL NAME -~ 0*00 demo. nyq Fta W2,). m Wab&c ftw W oo4bufunac
DALVIRENE
x nwuND ADORElB
STATE AL CDI.MAY
3701 LISBURN RD MECHAINCSBURG PA 17055 US
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3. SECURE-0 PARTY'S
FIRST MUTUAL BANK
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- PO BOX 1647 COLRO"
BEILEVUE WA 98009-1647 US
d TfcFlNAAGKD STATEfaEYTnoyen Mlplowelp cceard +++?.+?..w
POOL
PARCEL 10: 13.29.2445.013
LEGAL: SEE ATTACHMENT "A".
SITUATE IN THE COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA.
ADDRESS: 3701 LISBURN RD, MECHANICSBURG, PA, 17055.
FIXTURE FILING0
8. DI110NAL nLFATKFVKWM DATA 1 t
BURRIS, R, 53-103045-07 4 too C Awl,-,df ?6
FILING OFFICE COPY-NATIONAL UCC FINANCING STATEMENT (FOAM UCC/) (REV. 07raft)
EX, 113, Is I -2
I __...____? FRIT NAME MDOLENAIAE SUFFIX
I IC ALAILIM AGGRESS CiIT
STATE POBTAi ODDE L:OLMIgy
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14. Douegfon 01,861 fwn.
POOL
PARCEL ID: 13-29.2445-013
LEGAL: SEE ATTACHMENT "A".
SITUATE IN THE COUNTY OF CUMBERLAND,
STATE OF PENNSYLVANIA.
ADDRESS: 3701 LISBURN RD,
MECHANICSBURG, PA, 17055.
15. re
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FILING OFFICE COPY-NATIONAL UCC FINANCING STATEMENT ADDENDUM (FORM UCCtAd) (REV. 07/28188)
a.
Attachment A
3045
Legal Description
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF
LOWER ALLEN, COUNTY OF CUMBERLAND, COMMONWEALTH OF
PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE EASTERN DEDICATED RIGHT OF WAY LINE OF
LISBURN ROAD, S.R. 2017 (30 FEET FROM THE CENTERLINE) AT THE DIVIDING
LINE BETWEEN LOTS NO. 2 AND 3 AS SHOWN ON THE HEREINAFTER
MENTIONED PLAN; THENCE ALONG THE EASTERN DEDICATED RIGHT OF WAY
LINE OF LISBURN ROAD, S.R. 2017, NORTH 25 DEGREES 36 MINUTES 00
SECONDS WEST A DISTANCE OF 110.00 FEET TO A POINT AT THE DIVIDING LINE
BETWEEN LOTS NOS. 1 AND 2; THENCE ALONG THE DIVIDING LINE BETWEEN
LOTS NOS. 1 AND 2, NORTH 64 DEGREES 24 MINUTES 00 SECONDS EAST, A
DISTANCE OF 421.71 FEET TO A POINT IN THE YELLOW BREECHES CREEK;
THENCE THROUGH THE YELLOW BREECHES CREEK, SOUTH 17 DEGREES 48
MINUTES 50 SECONDS EAST A DISTANCE OF 111.02 FEET TO A POINT AT THE
DIVIDING LINE BETWEEN LOTS NO. 2 AND 3; THENCE ALONG THE DIVIDING LINE
BETWEEN LOTS NOS. 2 AND 3, SOUTH 64 DEGREES 24 MINUTES 00 SECONDS
WEST A DISTANCE OF 406.67 FEET TO A POINT ON THE EASTERN DEDICATED
RIGHT OF WAY LINE OF LISBURN ROAD, S.R. 2017, SAID POINT BEING THE
PLACE OF BEGINNING.
CONTAINING 1.046 ACRES
BEING LOT NO. 2 AS SHOWN ON THE FINAL SUBDIVISION PLAN FOR RAFAIL
POPESEU, SAID PLAN BEING RECORDED IN THE CUMBERLAND COUNTY
RECORDER OF DEEDS OFFICE ON DECEMBER 14, 1999, IN PLAN BOOK 80,
PAGE 43.
BEING THE SAME PREMISES WHICH R. THOMAS KLINE, SHERIFF OF THE
COUNTY OF CUMBERLAND, BY DEED DATED JANUARY 9, 2008 AND RECORDED
FEBRUARY 20, 2008 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY, PENNSYLVANIA, IN INSTRUMENT NO. 200804891,
GRANTED AND CONVEYED UNTO COMMERCE BANK/HARRISBURG, N. A.
SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENT, COVENANTS, OIL,
GAS OR MINERAL RIGHTS OF RECORD, IF ANY.
SITUATE IN THE COUNTY OF CUMBERLAND, STATE OF PENNSYLVANIA
T,
CUMBERLAND COUNTY RECORDER OF DEEDS
RECEIPT
Inv Number. 21748 levoke Dab: 06128/2008116840 AM RECEIPT R"MrW ID: 63-0-1-
FIRST MUTUAL BANK Last Change: Receipt By: MAIL By: KW
PO BOX 1647
BELLEVUE, WA $8008
C A Chs 1 ment I Fes Osacrl pn -- Amount Ind 8 t Inst Data ^Mun1o1 si
1 FINANCING TEMENT
Debtor -BURRIS
ROBERT - -- -
$100.00 200817404 LOWERALLEN
,
Seared Party - FIRST MUTUAL BANK 0612810811:68:69AM TOWNSHIP
Total Pages: 4
Flls Number- 7304
PARCEL IDENTIFICATION NUMBER
NIA-LOWER ALLEN TOWNSHIP
Fee DeW.
IMPROVEMENT FEE • COUNTY $2,00
IMPROVEMENT FEE - RECORDER $3.00
COUNTY UCC FEE $95.00
TOTAL CHARGES 5100.00
PAYMENTS
CHECK: 4826 10000
TOTAL PAYMENTS $100.00
AMOUNT DUE $10000
PAYMENT ON INVOICE ($100.00)
BALANCE DUE $000
Dsta: Ntay 28, 200812:00:21 PM - _ .- _ -- -
Page t
u&-ul-6u11
ACCT 0053 103045 7
OPEN
PUFF 16,005.32
PBAL 15,498.86
DEFI
ACIN 491.46
PRTL
R1BL
R2BL
R1AI
R2AI
SBAL
INRI
LATE
MISC
FEES
CBAL
LACC
LBAL
C) 2005
LOAN PAYOFF SYSTEM
FUNC AA
AUX AA
VKTOTI
PO
15.00 PO
A A A A A A A AA A AA A A A A
PRINCIPAL DUE:
INTEREST FROM:
PER DIEM:
LATES CHARGES:
FILING FEES:
NSF FEE:
LEGAL:
TOTAL:
11/2/2010 TO
$5.09
124-65-6506 1274
NXT ACCT AAAA AAAAAA AA
5.09 BURRIS R
RNWL N
IBAS 1
PDBS 1
DATE 2-07-11
EXPD 2-06-11
MAT1
EVDT AAAAAAAA
EVNT 14
LUCK-IN N DROP N
ICCD 00
INSU/PEN CD ! 4
FWD
$15,498.$6
2/7/2011 $491.46
$15.00
$16,005.32
EXHIBIT
t
VERIFICATION
The undersigned does hereby verifyunder penalty of perjury, that he/she is
a) ? of (?.57?1 ???i»? ? ?lf.S? 'plaintitT herein, that he/she is
duly authorized to make this Verification and that the facts set forth in the foregoing Complaint are true and
correct to the best of his/her knowledge, information and belief.
(Sign in Blue Ink)
Re: 80-091
355597
3/8/2011
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Of C1101G Zit t `YU TAR,
?o,
p
Rtt
PENNS q CUNT Y
First Mutual Sales Finance, Inc.
vs.
Robert P. Burris (et al.)
Case Number
2011-3427
SHERIFF'S RETURN OF SERVICE
04/07/2011 08:45 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 7,
2011 at 2045 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Robert P. Burris, by making known unto Brad Kelly, live in caretaker for the defendant at
3701 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the
same time handing to him personally the said true and correct copy of the same.
f2 7C yfc?--
TIM BLA K EPUTY
04/07/2011 08:45 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on April 7,
2011 at 2045 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Dalvirene Flatley, by making known unto Brad Kelly, live in caretaker for the defendant
at 3701 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the
same time handing to him personally the said true and correct copy of the same.
Aa/--
TIM LA K, DEPUTY
SHERIFF COST: $54.00
April 08, 2011
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
(IF THE PLO j P?
SO ANSWERS,
(yZ, --
RON R ANDERSON, SHERIFF
(C CCulityS ilte Sheriff . 7elecsi3ft. li't:.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE, INC.
A SUBSID IARY OF WASHINGTON FEDERAL Civil Action No. 11-3427 Civil
SAVING AND LOAN, ASSIGNEE OF
SAPPHIR E POOLS,
PLANTIF ,
vs. ,..?
Z
cnr'0 !o r-
;:0 rr-I
ROBERT
ch
P. BURRIS AND ?
c:)
o
DALVIRE NE FLATLEY,
:Xcil ca
C
m
DEFEND TS. A,, z
-7
DEFENSE
Du to financial hardship, we have become delinquent in our payments for said pool. We
have not 'llf illy failed or refused payment of balance, interest, attorney's fees, or any part
thereof to p laintiff. Plaintiff First Mutual Bank was notified of hardship and was unwilling to
work with as on the payments before they were so far in delinquency. Additionally, we have never
received ar ?y bill for attorney's fees.
W would like to explain our unfortunate set of circumstances. My family and I have done
everything in our power to keep our loan payments current and on time. There are three reasons
that collaborated to this situation:
1) have injured my back a few years ago, and overtime my injuries progressed and I had
to work in immense pain. My health started to decline. I was receiving spinal block injections in
my back and doing physical therapy to mange the pain without results. In fact, my pain was
increasing emendously. As a result, I had to undergo extensive back surgery on March 17th, 2010
to get relief from my debilitating pain. I was out of work before and after surgery for more than
three mont s under the FMLA job protection with no pay.
2) work as a RN at York Hospital and was hired as a PRN4, weekend option. I make
more money but carry no benefits such as paid time off, short and long term disability; and 11 therefore i I do not work, I am , t paid any salary or benefit. Since August of 2009, my income
has been duced significantly. Iy fiancee Dalvirene was working f illtime as a patient care
assistant at Harrisburg Hospital at night and going to nursing school during the day. On March 7tn,
2009, she ad to quit her job to finish nursing school in Lancaster and care for our newborn
daughter.
n
3) 1 went through a distressing divorce which lasted almost five years that was finally
settled on May 28th, 2009. The divorce agreement stipulates that I am obligated to pay alimony in
the total ount of $ 1,200.00 a month until May of 2013 and 75% of my retirement was awarded
to my previous spouse. We struggled to survive during my illness with no income and no
eligibility or financial assistance, and have depleted our retirement funds.
W had an unfortunate year and have exhausted all of our resources to this point. Our
future loos much better. My fiancee, Dalvirene, is graduating in three weeks from Lancaster
General College of Nursing as a Registered Nurse and is applying for jobs right now. We would
immensely appreciate your consideration in helping us to continue with our payment plan of
$250.97/m nth and plead that the amount delinquent and interest accrued since September of
2010 be a ded to our principal loan amount. We are willing to accept a higher interest rate in
order to pr ceed with these adjustments, and become current with our loan obligations.
W are eager to provide any documentation necessary to support our loan adjustment
request. are looking forward to work together to resolve these issues and continue to be a good
customer f First Mutual Bank. We thank you for your time and consideration.
Date: ?-leI,/ 1
Date: 412-11:11
? v J
44ci
Robert Paul Burris
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE,
INC.
a subsidiary of WASHINGTON
FEDERAL
SAVINGS AND LOAN, assignee of
SAPPHIRE POOLS,
Plaintiff,
VS.
ROBERT P. BURRIS and DALVIRENE
FLATLEY,
Defendants.
PRAECIPE FOR ENTRY OF APPEARANCE
To the Prothonotary:
--i
N
r
70 C-)
=o
w
71
Kindly enter my appearance in the above captioned matter on behalf of Plaintiff First Mutual
Sales Finance, Inc.
a44??' C--, 4?/
Christian C. Hugel, Esquire
502 Market Street
Lemoyne, PA 17043
(717) 737-5255
ID #: 76062
Attorney for Plaintiff
Case No. 11-3427
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE,
INC.
a subsidiary of WASHINGTON Case No. 11-3427
FEDERAL
SAVINGS AND LOAN, assignee of - ?-?
SAPPHIRE POOLS, ' .'
Plaintiff
,
Vs. i ?. C r wc-1
ROBERT P. BURRIS and DALVIRENE
FLATLEY,
Defendants.
PLAINTIFF'S MOTION FOR
JUDGMENT ON THE PLEADINGS
PURSUANT TO Pa.R.C.P.1034
FILED ON BEHALF OF: Plaintiff
COUNSEL OF RECORD OF THIS
PARTY:
SHAWN P. MCCLURE, ESQUIRE
PA ID #205951
JENNIFER L. TIS, ESQUIRE
PA ID #203751
RAYMOND P. WENDOLOWSKI JR.,
ESQUIRE
PA ID #311415
Bernstein Law Firm, P.C.
Firm #718
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
412-456-8100
BERNSTEIN FILE NO. 80-091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE,
INC.
a subsidiary of WASHINGTON Case No. 11-3427
FEDERAL '•
SAVINGS AND LOAN, assignee of
SAPPHIRE POOLS,
Plaintiff,
vs.
ROBERT P. BURRIS and DALVIRENE
FLATLEY,
Defendants.
PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS
PURSUANT TO Pa.R.C.P.1034
AND NOW COMES Plaintiff, by and through its legal counsel, Bernstein Law Firm,
P.C., and moves this Honorable Court to enter Judgment in its favor and against the Defendants
based upon the pleadings in the above-captioned case, averring in support thereof the following:
1. On April 4, 2011, Plaintiff commenced the above-captioned breach of contract
action by filing its Complaint, seeking to recover from the Defendants an unpaid contractual
balance in the amount of $16,005.32, plus ongoing interest on the unpaid balance at the annual
rate of 11.99%, and pursuant to terms of the Contract Plaintiff is entitled to recover its collection
costs, including reasonable attorneys' fees, of not more than 20% of the balance due, which
Plaintiff avers is $500. A true and correct copy of Plaintiff's Complaint is attached hereto,
marked Exhibit "1," and made a part hereof.
2. On or about April 25, 2011, Defendants filed an "Answer" to Plaintiff's
Complaint. A true and correct copy of Defendants' Answer is attached hereto, marked Exhibit
"2," and made a part hereof.
3. "After the relevant pleadings are closed, but within such time as not to
unreasonably delay the trial, any party may move for judgment on the pleadings." Pa.R.C.P.
1034(a).
4. "The court shall enter such judgment or order as shall be proper on the
pleadings." Pa.R.C.P. 1034(b).
5. "Averments in a pleading to which a responsive pleading is required are admitted
when not denied specifically or by necessary implication. A general denial or a demand for
proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an
admission." Pa.R.C.P. 1029(b).
6. In its Complaint, Plaintiff has specifically pleaded an action for breach of contract
against the Defendants for the Defendants' failure to make payments as they came due pursuant
to the Home Improvement Installment Contract ("Contract") entered into between the Plaintiff
and Defendants.
7. Plaintiff has specifically pleaded that the Defendants executed the Contract in
exchange for the Plaintiff providing a loan to pay for Defendants' Caribbean King swimming
pool . Complaint, 116-8.
Plaintiff has specifically pleaded that, as of April 4, 2011, the Defendants owed
the Plaintiff a balance of $16,005.32 as a result of Defendants' failure to pay for the
aforementioned loan as they came due. Complaint, 112.
9. Plaintiff has specifically pleaded that the Defendants owe the Plaintiff interest on
the unpaid balance at the annual rate of 11.99% from September of 2010. Complaint, 117, 16.
10. Plaintiff has specifically pleaded that the Defendants owe the Plaintiff for
collection costs, including reasonable attorneys' fees, pursuant to the Contract in the amount of
$500. Complaint, 119, 18.
11. Defendants' "Answer" to the Complaint reads, in its entirety,
Due to financial hardship, we have become delinquent in our payments for said
pool. We have not willfully failed or refused payment of balance, interest,
attorney's fees, or any part thereof to plaintiff. Plaintiff First Mutual Bank was
notified of hardship and was unwilling to work with us on the payments before
they were so far in delinquency. Additionally, we have never received any bill for
attorney's fees. "
We would like to explain our unfortunate set of circumstances. My family and I
have done everything in our power to keep our loan payments current and on
time. There are three reasons that collaborated to this situation:
1) I have injured my back a few years ago, and overtime my injuries progressed
and I had to work in immense pain. My health started to decline. I was receiving
spinal block injections in my back and doing physical therapy to manage the pain
without results. In fact, my pain was increasing tremendously. As a result, I had to
undergo extensive back surgery on March 17`h, 2010 to get relief from my
debilitating pain. I was out of work before and after surgery for more than three
months under the FMLA job protection with no pay.
2) I work as a RN at York Hospital and was hired as a PRN4, weekend option. I
make more money but carry no benefits such as paid time off, short and long term
disability; and therefore if I do not work, I am not paid any salary or benefit.
Since August of 2009, my income has been reduced significantly. My fiancee
Dalvirene was working fulltime as a patient care assistant at Harrisburg Hospital
at night and going to nursing school during the day. On March 7`h, 2009, she had
to quit her job to finish nursing school in Lancaster and care for our newborn
daughter.
3) I went through a distressing divorce which lasted almost five years that was
finally settled on May 28`h, 2009. The divorce agreement stipulates that I am
obligated to pay alimony in the total amount of $1,200.00 a month until May of
2013 and 75% of my retirement was awarded to my previous spouse. We
struggled to survive during my illness with no income and no eligibility for
financial assistance, and have depleted our retirement funds.
We had an unfortunate year and have exhausted all of our resources to this point.
Our future looks much better. My fianc6e, Dalvirene, is graduating in three weeks
from Lancaster General College of Nursing as a Registered Nurse and is applying
for jobs right now. We would immensely appreciate your consideration in helping
us to continue with our payment plan of $250.97/month and plead that the amount
delinquent and interest accrued since September of 2010 be added to our principal
loan amount. We are willing to accept a higher interest rate in order to proceed
with these adjustments, and become current with our loan obligations.
We are eager to provide any documentation necessary to support our loan
adjustment request. We are looking forward to work together to resolve these
issues and continue to be a good customer of First Mutual Bank. We thank you
for your time and consideration.
Answer.
12. The Defendants' "Answer" to the Complaint fails to specifically deny, or even
address, the material averments of fact set forth in Paragraphs 1 through 16 of the Complaint
and, as such, those material averments of fact should be deemed admitted against the Defendants
in accordance with Pa.R.C.P. 1029(b).
13. As there is no genuine issue of material fact in dispute based upon the pleadings
in this case, Plaintiff is entitled to Judgment against the Defendant as a matter of law in the
amount of $16,005.32, with continuing interest thereon at the annual rate of 11.99% from
September of 2010 and court costs of no more than 20% of the balance due which Plaintiff avers
is $500.
WHEREFORE, Plaintiff, Sallie Mae, respectfully requests that this Honorable Court
enter Judgment in favor of the Plaintiff and against the Defendants, Robert P. Burris and
Dalvirene Flatley, jointly and severally, in the amount of $16,005.32, with continuing interest
thereon from February 7, 2011, at the annual rate of 11.99% per annum and costs.
o„«d a?6 //I
Respectfully submitted,
BERNSTEIN LAW FIRM, P.C.
blej
By:
Raym nd P. Wendolowski Jr.
Esquire
Attorney for Plaintiff
707 Grant Street
Suite 2200 Gulf Tower
707 Grant Street
Pittsburgh, PA 15219
(412) 456-8167
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE,
INC.
a subsidiary of WASHINGTON
FEDERAL
SAVINGS AND LOAN, assignee of
SAPPHIRE POOLS,
Plaintiff,
Case No. 11-3427
vs.
ROBERT P. BURRIS and DALVIRENE
FLATLEY,
Defendants.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS PURSUANT TO
PA.R.C.P. 1034 was served upon the Defendants via regular U.S. Mail, postage prepaid, this
day of , 2012, addressed as follows:
Robert P. Burris and Dalvirene Flatley
3701 Lisburn Rd.
Mechanicsburg, PA 17055
i
*RRmond P. Wendolowski Jr., quire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE,
INC.
a subsidiary of WASHINGTON Case No. 11-3427
FEDERAL
SAVINGS AND LOAN, assignee of
SAPPHIRE POOLS,
Plaintiff,
vs.
ROBERT P. BURRIS and DALVIRENE
FLATLEY,
Defendants.
ORDER OF COURT
AND NOW, to wit, this ` day of
2012, upon consideration
of the record, Plaintiff's Motion for Judgment on the Pleadings, it is hereby ORDERED,
ADJUDGED AND DECREED pursuant to Pennsylvania Rule of Civil Procedure 1034 that
Judgment shall be entered in favor of the Plaintiff, First Mutual Sales Finance, Inc., in the
amount of $16,005.32, with continuing interest thereon from February 7, 2011, at the annual rate
of 11.99% per annum and costs.
BY THE COURT:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE, INC.
a subsidiary of WASHINGTON FEDERAL
SAVINGS AND LOAN, assignee of
SAPPHIRE POOLS,
Plaintiff,
vs.
Civil Action No. 11-3427 -oa -+
MW -n
rn-
s?•
-Tj
CD
y
ra
ROBERT P. BURRIS and
DALV IRENE FLATLEY,
Defendants.
SUGGESTION OF BANKRUPTCY
FILED ON BEHALF OF
Plaintiff(s)
COUNSEL OF RECORD OF
THIS PARTY:
SHAWN P. MCCLURE, ESQUIRE
PA ID #205951
JENNIFER L. TIS, ESQUIRE
PA ID #203751
RAYMOND P. WENDOLOWSKI, ESQUIRE
PA ID #311415
Bernstein Law Firm, P.C.
Firm #718
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
412-456-8100
BERNSTEIN FILE NO. 80-091
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE, INC.
a subsidiary of WASHINGTON FEDERAL Civil Action No. 11-3427
SAVINGS AND LOAN, assignee of
SAPPHIRE POOLS,
Plaintiff,
vs.
ROBERT P. BURRIS and
DALVIRENE FLATLEY,
Defendants.
TO PROTHONOTARY:
SUGGESTION OF BANKRUPTCY
AND NOW comes Plaintiff, by counsel, Bernstein Law Firm, P.C. to advise this Honorable Court
that the above named Defendants, Robert Burris and Dalvirene Flatley, have filed a Chapter 13
Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania at Bankruptcy
Case Number 1:12-bk-00790-RNO, and accordingly, all proceedings in this Court are stayed pursuant to
11 U.S.C. § 362.
BERNS EIN LAW FIRM, P.C.
B y:
Raym nd P. Wendolowski, Esquire
PA ID #311415
Attorney for Plaintiff
Suite 2200 Gulf Tower
Pittsburgh, PA 15219
(412) 456-8100
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRST MUTUAL SALES FINANCE, INC.
a subsidiary of WASHINGTON FEDERAL Civil Action No. 11-3427
SAVINGS AND LOAN, assignee of
SAPPHIRE POOLS,
Plaintiff,
vs.
ROBERT P. BURRIS and
DALVIRENE FLATLEY,
Defendants.
CERTIFICATE OF SERVICE
I, Raymond P. Wendolowski, hereby certify that a true and correct copy of the foregoing
SUGGESTION OF BANKRUPTCY was served on the Defendants by regular U. S. Mail, postage
prepaid, this day of February, 2012, addressed as follows:
Robert P. Burris
3701 Lisburn Road
Mechanicsburg, PA 17055
Dalvirene Flatley
3701 Lisburn Road
Mechanicsburg, PA 17055
Ra mond P. Wendolowski, Esquire
FkV-s i Mv?Tv. ? ?A?? S FiNPNC..1z- ?riC
P. Plaintiff
Defendant
In the Court of Common Pleas of Cumberland
County, Pennsylvania No. I I - 3,11 a-1
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States
a he Constitution of this Commonwealth and tha we wil scharge the duties of our o ce with fidelity.
r
Signature ignature Signature
Name (Chairman) Name
Law Firm
Law Firm
TA Y'nkS' C1 VKiq 3 PI &0'C&I L4 g4j
Address Address
<3--k1VTV--? $'UR fpkl7ze L-M LXA,? A- PA 170'1{3
City, Zip City, Zip
2,
Name
A'AMAI , ?. l%Okk
Law Firm
Aiy Rrt S
Address
City,- Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.) ?s DNS P
P a v T pQ ?S r peg P.6z?o ?? Ktia.? N P ScN? ?.? P f?'T ?? f
RPPZ*tell NEVatZ\N ? .. CoWN -'K
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P.-RQ ?111k1- V, N" N G N ON t'A pts 9 Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: ,s??a ?i{ \ ?- V41 `2- 0 ' Z
Date of Award:
Notice of Entry of Award
Now, the 1:-?2 day of APR1 L , 20?, at ! ? -529 A M., the above
award was entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ Y/Z,..S
By:
Prothonotary Deputy
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