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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 fl..JtJI I? -,:;. ~,' l.::::::...~ g/!~ t~;.'~:;' ',<~~s >- C/; '" ::g ~ 0- ~ (")- 0. " 0 ::+l 0. ~ ~ ~ C:Z ~ Si 0- ':< CJ:I i " ':< '" =:.., '" ~ ~ :.r; == t"lt"l ~ H ~(") ~i~ ~ :t'::; trI t""o 0- -.J 0 :::: ?'l':l 3: I-' >c: " I ~ . ~ ~ Zl':l " ~~~ ~ (")- '0 3: . .., ~ ~ 0..., '" . :t'o (")0 -g O"1tr1/--1-'-< ! w"'l O"'l ~ ~ ~ -.J 0" (") N '" ~ W~ 0 ...."'l: trI < ~ C:(") :3 '" 0\0 :<1 '" ~o ., ::g :;; ~rJJ '< .. f:;. WrJJ () ~=: c:r ::l ....t"l ~ ",3: " :g ~ O\rJJ en ::+l UJrJJ t"l0 " trI t"l- H ~ I-' ~ 8 ..,0 >'l Zz '" < -.J ~ z~ " 0 ("1Z ~ 0. -.J H "" "" v; v; rJJt"" 0 fjJ ~ ><:t"l I ~> 0 I-' I-' 0 ;l>'rJJ -.J I-' -.J zo W . . 0 U1 -"'l 0 0 > r,,: i _.>0 j Jt'- Z Z ~ 0 ;;l ;;l ~ ~ 3 3 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/ :u Lk-. 'IS 1">1 .1 ,0 e...... /5"t<S'3'{