HomeMy WebLinkAbout04-4690MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
BRAND1E M MENTZER
DEFENDANT.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL ACTION-LAW-REPLEVIN
NOTICE TO DEFEND AND CLAIM RIGHTS
THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTIING
TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION
OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF
COLLECTING THE DEBT. AN IMPORTANT NOTICE OF RIGHTS IS SET
FORTH ON THE THIRD PAGE OF THIS COMPLAINT.
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 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 claims 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. 1F
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 or (800)990-9108
MEMBERS lsT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
BRAND1E M. MENTZER
DEFENDANT.
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.;
CIVIL ACTION-LAW-REPLEVIN
NO~C~
Le hah demandado a usted en la corte. Si usted guiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o
sus objectiones a las demandas en contra suya.
Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar
una orden contra usted sin previo aviso o notification y pot cualquier queja o alivio que
es pedido en la peticion de demanda USTED PUEDE PERDER DINERO O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECC1ON SE
ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR 1)ONDE SU PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166 or (800)990-9108
NOTICE
This document is an attempt to collect a debt.
It you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be furnished with
written verification of the debt; provided, that ifa lawsuit has been filed against you to
collect this debt before the expiration of the thirty (30) days, the complaint flied in said
lawsuit will constitute written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the
NOTICE
This document is an attempt to collect a debt.
It you dispute the validity of this debt, or any portion thereof, and you contact the
undersigned within thirty (30) days after receipt of this Notice, you will be furnished with
written verification of the debt; provided, that if a lawsuit has been filed against you to
collect this debt before the expiration of the thirty (30) days, the complaint filed in said
lawsuit will constitute written verification of the debt.
If you do not dispute the debt or any portion thereof as stated above, the
undersigned will assume the debt is valid.
If the original creditor of this debt is different from the creditor stated on the front
page of this letter, the undersigned will provide you with the name and address of the
original creditor upon written request from you within thirty (30) days of receipt of this
notice.
The undersigned means the name signed at the end of this document.
Nothing herein relieves you of the requirement to take action within twenty (20)
days after this complaint and notice are served upon you as set forth in the Notice to
Defend and Claim Rights attached at the beginning of this Complaint.
MEMBERS lsT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
BRANDIE M. MENTZER
DEFENDANT
· IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW-REPLEVIN
COMPLAINT
AND NOW, comes Members 1st Federal Credit Union, the Plaintiff in the above
captioned matter, by and through its attorney Karl M Ledebohm, Esquire, and makes the
following complaint in replevin:
l
Plaintiff, Members Ist Federal Credit Union ("Members ISa"), is a National
Federal Credit Union having a principal address of 5000 Louise Drive,
Mechanicsburg, PA 17055
Brandie M. Mentzer (referred to herein as "Defendant"), is an adult individual
having a last known address of 52 Garden Parkway, Carlisle, PA 17013.
On or about May 31, 2002, Defendant executed and delivered to Members Ia
a Closed-End Note, Disclosure, Loan and Security Agreement in the original,
principal amount of $8,200.00 (the "Note"). A copy of the Note is attached
hereto as Exhibit "A" and made part hereof The Note is secured by, inter alia,
a first lien on the title to that certain mobile home in the name of Defendant,
being a 1994 Skyline, Vin number 5Al 00682G (the "Mobile Home"). A copy
of the title to the Mobile Home evidencing Members 1 ~'s lien upon the title is
attached hereto as exhibit "B" and made part hereof·
The Note has never been assigned by Members 1*'a and is still held by it as a
valid and subsisting obligation of Defendant.
16
11.
The Note has never been assigned by Members 1~t and is still held by it as a
valid and subsisting obligation of Defendant.
Pursuant to the terms and conditions of the Note, Defendant agreed to pay to
Members 1~t monthly installments of principal and interest in an amount of
$175.33 commencing on July 1, 2002. By Extension Agreement dated
December 12, 2002, a copy of which is attached as Exhibit "C" and made part
hereof, Defendant agreed to modify the monthly payment provisions of the
Note and to pay to Members 1~ bi-weekly installments in the amount of
$80.92 commencing on February 7, 2003.
As a result of Defendant's failure to maintain insurance on Members l~t's
collateral in full force and effect, Members 1~ was forced to force place
insurance on the collateral which increased the monthly payments due to
Members 1~t by Defendant to $102.53 bi-weekly effective July 11, 2004.
Defendant is in default of Defendant's obligations under the Note as a result
of Defendant's failure to make the payments due to Plaintiff as set forth in the
Note.
By letter dated June 18, 2004, addressed to Defendant and sent via certified
mail, return receipt requested and regular U.S. Mail, Members 1 st provided to
Defendant the "Written Notice of Intention to Accelerate and Repossess" the
Mobile Home ("Notice to Accelerate and Repossess") as required by 69 P.S.
Section 623 and informed Defendant of Members l~t's intentions to exercised
its rights under the Note and accelerated all amounts due under the Note. A
copy of the Notice to Accelerate and Repossess is attached hereto as Exhibit
"D' and made part hereo£
A copy of Postal form 3877 evidencing the mailing of said Notices is attached
hereto as Exhibit "E" and made part hereof.
Members l~t has received postal form 3811 evidencing the receipt of the
Notice by Defendant, a copy of which is attached as Exhibit "E" and made
part hereof
As of the date hereof, Defendant is indebted to Members 1~t under the terms
and conditions of the Note in the amount of EIGHT THOUSAND SEVEN
HUNDRED THIRTY-FIVE AND 45/100 ($8,735.45) dollars itemized as
follows:
a. Outstanding principal $6,603.78
b Interest to September 7, 2004 284.69
c. Late fees 46.98
d. Attorney's fees 1.800.00
e. Total due to Members 1~t as of September 7, 2004 $8,735.45
12.
13.
14.
15.
16.
Legal fees included in the above calculation are in accordance with the terms
and conditions of the Note and estimated through the date of the entry of
judgment on this complaint and execution thereon for the possession of the
Mobile Home. In the event the Mobile Home is sold by Members 1~ at'er
acquiring possession or Defendant or any one on Defendant's behalf brings
the loan current prior to transfer of title for the Mobile Home to Members 1a,
Defendant shall be responsible for the payment of actual reasonable legal fees
and costs incurred by Members 1~.
Defendant also agreed under the terms and conditions of the Note that in the
event of default there under Defendant would pay, in addition to the amounts
set forth in paragraph 11 above, costs incurred by Members 1st as a result of
the institution of these legal proceedings.
Members 1s~, as a secured party, has the legal right to take possession of the
Mobile Home upon the default of Defendant under the terms and conditions of
the Note and 69 P.S. Section 623.
As set forth above, Members 1st has made demand upon Defendant to make
payment of all amounts due to Members 1~t under the Note and, as of the date
hereof, Defendant has failed and refused to make payment of all such amounts
due to Members I st.
Members 1~t believes and therefore avers that Defendant has no legal right to
the possession of the Mobile Home superior to that of Members 1~a.
Members 1Et believes and therefore avers that the value of the Mobile Home is
approximately $14,000.00.
17.
Members 1st believes and therefore avers that the Mobile Home is currently
located at 52 Garden Parkway, Carlisle, PA 17013.
WHEREFORE, Plaintiff, Members 1st Federal Credit Union, demands judgment
against Defendant, Brandie M. Mentzer for the possession of that certain mobile home,
being a 1994 Skyline, Vin number 5A 100682G and for reasonable attorney's fees and
costs of suit and for such other relief as this Court deems proper.
Dated: September/~ 2004
Respectfully submitted,
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
Members
ANNUAL PERCENTAGE J FINANCE CHARGE:
1TEMITAT(ON OF
CLOEFJD.END NOTE D~SCLOEURE,
LOAN AND $~CUR~¥ AGREEMENT
~ Y~y~ ~ NONo 6dngiejolnt Ct~dCr~ilLifeLife TNN Premium ~ v~ ~ Nv Cr~it DIII~V Tall Pr~*um
1
qualify for I~
.,;;~,;H~HBERS SST FEDERAL
~r~C~EOZT UNION
GO00 LOUXSE DR
PO BOX qO
;HAN[CSBURG PA
,, ,,,;:Il! ' '~!~ : !~"~"'
ALLEN D BIEHLERl ACTING
E~{HIBIT "B"
~XHIBIT "C"
,kine 18, 2004
MEMBERS
Brandie M Mentzer
52 Graden Parkway
Carlisle, Pa. 17013
RE: Account No. 208016-02 Secured by Mobile Home, 1994 Skyline, VIN# 5A1006826
WRITTEN NOTICE OF INTENTION TO ACCELERATE AN'0 REPOSSESS
The contract with Members Ist FCU, and the debt secured thereby, is in default by reason of
failure to make the required installment payments when due.
As a result of this default, as provided in contract, the principal mounts r~maining to be paid on
the obligation are hereby declared to be immediately due and payable, and legal proceedings will
be institut~l against you to recover the amounts due under ti'tis obligation and the holder intends
to reposse$s and sell the mobile home described above in payment in pm payment of such
obligations. This acceleration of the amounts due and the repossession to be instituted will take
place upon the expiration of thirty-five (35) days fi.om date ofth/s letter.
Before these events occur, however, you are hereby advised that you have a fight to cure this
default in the following manner:
1. At any time before title to the mobile home is lawfully transferred by th~ holder of the
contract, which shall occur not less than forty-five (45) days after your receipt of this notice, you,
or anyone in your behalf may cure the default by tender or payment of the sum due as described
herein in ¢~h, certified check or ¢asNer's check personally to Members 1st FCU, and/or by
personally delivering to him such other evidence of performance of any other obligations as to
which a default has occurred, together with such fees, costs and penalties as have been incurred
or accrued.
2. The sum due, a,s of the date of this letter, is $512.65, consisting of principal and interest
payments, as well as late charges on any overdue amounts. (If these payments are not received
BEFORE THE NEXT PAYMENT IS DUE, another payment and possibly late charges may
have to be paid.)
EXHIBIT "D'
Your right to possession of ',.he mobile home may be terminated by peaceful repossession under
applicable law, or by a court order deliverin$ possession to the holder of the above contract.
Upon sale of the mobile home, following repossession, and transfer of title to the parchaser, the
proceeds of the sale will be appSed to your outstandin8 b~lance,
Please contact Arlanda Dintamtm at 71%795o6031 or I (800) 283-2328, extension 6031 if you
have an)' questions.
Sincerely,
A.rlanda bintaman
Lead Collector
orig: Regular Mail
Cer'tifi~ Mail # 7003 1680 0007 0794 8233
copy: file
m
m
~ ~ Brandie M Mentzer
r,- .~ 52 Garden Parkway
'~ C~xlisle, PA 17013
EXHIBIT "E"
VERIFICATION
I, Stephanie McCrcary, Collections Officer for Merabers 1N Federal Credit Unlon~
being authorized to do so on behalf of Members 1'~ Federal Credit Union, hereby verify
that the statements made in the foregoing pleading are true and correct to the best of my
information knowledge and belief I understand that false statements are made subje~ to
the penallies of 18 Pa. C.S.A, Section 4904, relating to unsworn falsification to
authorities
Members 1~ Federal Credit Union
S~eph~nie McCreary,
Collections Officer
SHERIFF'S RETURN
CASE NO: 2004-04690 P
COMMONWEALTH OF PENNSYLVAi~IA:
COUNTY OF CUMBERLAND
MEMBERS 1ST FEDERAL CREDIT
VS
MENTZER BRANDIE M
- REGULAR
CPL. KATHY CLARKE , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
MENTZER BRANDIE M the
DEFENDANT , at 1105:00 HOURS, on the 29th day of September, 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
BR3tNDI M. MENTZER
a true and attested copy of COMPLAINT - REPLEVIN together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this ;_~ day of
~ot~onotary ' / ~
So Answers:
R. ~homas Kline
09/2~/200~
By:
MEMBERS 1sT FEDERAL
CREDIT UNION
PLAINTIFF
Vs.
BRAND1E M. MENTZER
DEFENDANT.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.: 04-4690 Civil Term
CIVIL ACTION-LAW-REPLEVIN
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in the above captioned proceeding in favor of Members 1~t
Federal Credit Union, Plaintiff, and against the Defendant, Brandie M. Mentzer,
for the possession of that certain mobile home, being a 1994 Skyline, Vin number
5Al 00682G having a value in the amount of approximately $14,000.00.
Judgment is entered pursuant to Pa. KC.P. 3031 for failure to file an Answer on
behalf of Defendant, Brandie M. Mentzer, to Plaintiff's Complaint within twenty
(20) days of service thereof and after a 10-day Notice was sent.
Date: November q , 2004
Respectfgily submitted,
K/6rl ] . edebohm, Esquire
Supreme Court ID #59012
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
I hereby certify that notice of intent to take a default judgment was forwarded to
Brandie M. Mentzer by United States Mail, First Class, postage prepaid on October 21,
2004. The aforesaid notice was contained within an envelope bearing the return address
of the undersigned. The notice has not been returned to the undersigned as undeliverable
or otherwise. A copy of the notice and Postal Form 3817 is aCached hereto and marked
Exhibit "A". //"'~/~--/]w~/~ .d~~~-'----'~
J~arl M. Ledebohm, Esquire
MEiV[BERS 1 ST FEDERAL
CREDIT UNION,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
04-4690 Civil Term
VS
BRANDIE M MENTZER
Defendant
CIVIL ACTION - LAW-REPLEVIN
IMPORTANT NOTICE
TO Brand~e M Mentzer
52 Garden Parkway
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, I
AM REQUIRED TO INFORM YOU THAT TillS LETTER AND ANY
SUBSEQUENT CORRESPONDENCE OR COMMUNICATION 1S AN
ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN TI{IS CASE UNLESS YOU ACT WITHIN TEN
(10) DAYS FROM Tt-[E DATE OF THIS NOTICE, A IUDGM~NT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE
PROPERTY OR OTHER IMPORTANT RIGHTS YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166 or (800)990-9108
Respectfully s~bm),t~c~, :fl
Dated 10/21104 - ~'arl M Ledeb , q
rSupreme Court ID #59012
P O Box 173
New Cumberland, PA 17070-0173
(717) 938-6929
Attorney for Plaintiff
U.S POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATrONAL MAIL, DOES NOT
PROVIDE FOR INSURANC£--POSTMASTER
Karl M Ledebohm, Esq
New Cumberland, PA 17070-017~7p~
One p~ece of orOmary ma~ addresseO to
' PS Form 3817, Mar. 1989
PRAECIPE FOR WRIT OF POSSESSION
MEMBERS 1sT FEDERAL
CREDIT UNION
Plaintiff
VS.
BRANDIE M. MENTZER
Defendant
· 1N THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
04-4690 Civil Action -Law- Replevin
Amount Due: N/A
Interest from: N/A
FEES AND COSTS TO BE ADDED
TO THE PROTHONOTARY: ISSUE WRIT OF POSSESSION IN THE ABOVE
MATTER,
(1) Directed to the Sheriff of Cumberland County, Pennsylvania;
(2) against Brandie M. Mentzer, 52 Garden Parkway, Carlisle, PA 17013
(3) and against N/A Garnishee (s);
(4) and index this writ
(a) against Brandie M. Mentzer, 52 Garden Parkway, Carlisle, PA 17013
(b) against N/A Garnishee (s),
and deliver possession of that certain mobile home, being a 1994 Skyline, Vin number
5A100682G located at 52 Garden Parkway, Carlisle, PA 17013.
(c) Exemption has (not) been waived.
Dated:
P.O. Box 173
New Cumberland, PA 17070-0173
(717)938-6929
Attorney for Plaintiff
· WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
MSIV~3ERS
1ST FEDERAL CREDIT UNION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-4690 CIVIL Term
vs.
BRANDIE M. MENTZER
No.
Costs
t~rm
Att'y. $
Pl'ff (s) $
Prothy. $
107.50
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF~ CUMBERLAND:
To the Sheriff of U.l~~ County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
M~qBERS lST FEDERAL CREDIT UNION
being: (Premises as follows):
1994 SKYLINE
VIN~ 5A100682G
52 GARDI~q PARKWAY
CARLISLE, PA 17013
Plaintiff (s)
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
NOVEMBER 10, 2004
(SEAL)
CURTIS R.
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Deputy
By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
, to
Sworn and subscribed to before me this
day of
So Answers,
By
Sheriff
Prothonotary Deputy
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
MEMBERS 1ST FEDERAL CREDIT UNION
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-4690 CIVIL Tenn
No. Term
vs. Costs
BRANDlE M. MENTZER Att'y. $
Pl'ff (s) $
Prothy. $
107.50
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
CUMBERLIIND
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
MEMBERS 1ST FEDERAL CREDIT UNION
Plaintiff (s)
being: (Premises as follows):
1994 SKYLINE
VIN NUMBER 5A100682G
52 GARDEN PARKWAY
CARLISLE, PA 17013
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell hislher (or their) interest therein.
Date
NOVEMBER 10, 2004
CURTIS R. LONG
Prothonotary, Common Pleas Court of Cumberland County. Pennsylvania
'-lly; ~..,. e. P ~O./1./Yt.f
(SEAL)
Deputy
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By virtue of this writ, on the 6th day of January 2005
I caused the within named Members Is t l'edera 1 Credi t Union , to
have possession of the premises describedH~*H~~~m~~H 52 Garden Parkway
Carlisle, PA 17013
Return
Advance Costs: 150.00
Sh~riff'R CORtR 74 1G
75.84
Sheriff's
Dock~tinE
Poundage
Proth
Posse.ssion
Milage
Surcharge
1R.00
1. 46
1.00
10.00
II :E3 0' 08 1 AON ~OOl
20.00
\fl:J.t~~#~~t~'~'I~ 5i1J~ 0
Refunded to Atty on 1/10;
Sworn and subscribed to before me this 13~
,"yof q. CJ <~f
Z~. Q n,,~U~ ~
Pr thonotary ,
S~~.
By {I J (V I rU ae~i~~t (J/ j lbak/
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