HomeMy WebLinkAbout12-1469
MM A
?
CJ7 :,,, 1 '? C. 's
<
- CD
C
:
L-^. .- a....
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
21 st Mortgage Corporation,
CIVIL DIVISION
Plaintiff, No. /,a- /40 066'/Terfit
V. TYPE OF PLEADING:
Complaint in Replevin
Tina M. Hench,
Defendant. FILED ON BEHALF OF PLAINTIFF:
21 st Mortgage Corporation
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Cynthia M. Dornish
PA I.D. #59890
Pamela L. Brickner
PA I.D. #209392
Voelker & Associates, P.C.
Firm #332
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
0
o3.'I? PQ ATrY
et ImA(v
2# a7 144a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
21 st Mortgage Corporation, CIVIL DIVISION
Plaintiff, No.
v.
Tina M. Hench,
Defendant.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
21 st Mortgage Corporation, CIVIL DIVISION
Plaintiff, No.
V.
Tina M. Hench,
Defendant.
COMPLAINT IN REPLEVIN
AND NOW, comes 21 st Mortgage Corporation, by and through its attorneys, Edward F.
Voelker, Jr., Esq., Pamela L. Brickner, Esq., Cynthia M. Dornish, Esq., and Voelker & Associates,
P.C., and avers the following in support of its Complaint in Replevin:
Tina M. Hench, hereinafter referred to as "Borrower," is an individual whose last
known address is 11 Park Street, Holly Springs, Pensylvania, 17065.
2. 21 st Mortgage Corporation, hereinafter referred to as "Plaintiff," is duly authorized
to conduct business in the Commonwealth of Pennsylvania.
3. On or about October 6, 2006, Borrower entered into a "Manufactured Home Retail
Installment Contract and Security Agreement," hereinafter referred to as the "Financing Contract,"
a true and correct copy of which is marked as Exhibit "A" and is attached hereto and made a part
hereof.
4. Plaintiff is the present holder of the Financing Contract.
-1-
5. Pursuant to the Financing Contract, Borrower promised to repay the borrowed amount
of $43, 282.50 plus interest.
6. Borrower has defaulted by failing to make payments when due..
7. As of February 14, 2010, the delinquent payment amount due and owing from
Borrower to Plaintiff is $2,619.63.
8. As of February 14, 2010, the amount owed by Borrower to Plaintiff; not including
costs, attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is
$42, 953.84. The interest on said amount is accruing at the daily rate of $11.20.
9. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the
Financing Contract.
10. On November 1, 2011, Borrower was provided a Notice of Default, a true and correct
copy of which is marked as Exhibit "B" and is attached hereto and made a part hereof.
11. Pursuant to the Financing Contract, Borrower financed a 2007 Redman manufactured
home (serial no. 122000H046321 A) with certain furnishings, equipment, appliances, and accessories
included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home."
12. It is believed and therefore averred that the Manufactured Home is located at 11 Park
Street, Holly Springs, PA, 17065.
13. Pursuant to the terms of the Financing Contract, a security interest in the
Manufactured Home was granted or assigned to Plaintiffs.
-2-
14. Plaintiffs perfected its security interest in the Manufactured Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a
Vehicle is marked as Exhibit "C" and is attached hereto and made a part hereof.
15. Borrower has failed to surrender the Manufactured Home upon Plaintiffs demand.
16. Plaintiff is now entitled to immediate possession of the Manufactured Home.
WHEREFORE, Plaintiff demands judgment in replevin for possession of the Manufactured
Home and the sum of $42,953.84, plus attorneys fees, costs, expenses, interest from February 14,
2010. and damages for the unjust retention of the Manufactured Home.
Respectfully submitted,
ER & ASSOCIATESW P.C.
Cynthia 14: Dornish
Attorney for Plaintiff
Voelker & Associates, P.C.
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
-3-
AHeIEkCT0REO HOME Seller Heritage Group Buyer Tina M Hench
RETA INSTALLMENT CONTRACT 2771 Lincoln Highway East
NNSYLVANIA Ronks PA 17572
No.
Date 10/6/2006 "We" and "us" mean the Seller above, "You" and "your" mean each Buyer above,
its successors and assigns. and guarantor, separately and together.
-rns r " u, . - .---
ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE
PERCENTAGE CHARGE The amount of credit The amount you will have The total cost of your
RATE The dollar amount the provided to you or paid when you have made purchase on credit, including
The cost of your credit credit will cost you. on your behalf. all scheduled payments. your down payment
as a yearly rate. of $ 15000.00
10.43 $ 76144.00 $ 41849.00 $ 117993.00 $132993.00
Payment Schedule: Your payment schedule will be
Number of Payments Amount of Payments When Payments Are Due
300 393.31 Beginning 11/612006 and on the 6th of each successive month thereafter.
Security: You are giving a security interest in the goods or property being purchased.
? You are giving a security interest in the real property at
® Late Charge: If a payment is more than 15 days late, you will be charged 2$ of payM±nt amount
Prepayment: If you pay off this Contract early, you will not have to pay a penalty.
? If you pay off this Contract early, you will not be entitled to a refund of part of the Additional Finance Charge.
ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to ® cannot assume this
Contract on its original terms.
Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any
required repayment before the scheduled date, and prepayment refunds and penalties. "e" means an estimate
BUYER RESTRICTIONS: If Buyer does not meet this Contract's obligations, Buyer may lose the property that Buyer bought In this sale.
I _ I
SECURITY: To secure your payment and performance under the terms of this Contract, you give us a security interest in the
Manufactured Home (as defined above) and, unless prohibited by law, all present and future accessions to the Manufactured Home
(except that accessions will not include "household goods" as defined in the FTC Credit Practices Rule, 16 C.F.R. 444, if we do not
finance the purchase of such household goods). If you do not meet your Contract obligations, you may lose your house, and the real
estate described in any mortgage or deed of trust (if any).
? This Contract is also secured by a separate mortgage or deed of trust dated
shown in the TRUTH IN LENDING DISCLOSURES.
The term "Property" means all property securing this Contract.
CREDIT INSURANCE: Credit life, credit disability (accident and
health or accident and sickness), and any other insurance
coverage quoted below, are not required to obtain credit and we
will not provide them unless you sign and agree to pay the
additional premium. If you want such insurance, we will obtain it
for you (if you qualify for coverage). We are quoting below ONLY
the coverages you have chosen to purchase.
Credit Life: Insured
? Single ? Joint Prem. $ n/a Term
Credit Disability: Insured
? Single ? Joint Prem. $ n/ a Term
Name of Insurance Company:
Your signature below means you want (only) the insurance
caveragels) quoted above. If none are quoted, you have declined
any coverages we offered.
?M?A? 155/19/1965
Buyer d/a/b Buyer d/o/b
Buyer d/o/b Buyer d/o/b
? The following liability insurance is included in this coverage:
PENNSYLVANIA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT
G t 998 Bankers Systems. Inc.. St. Cloud. MN Form RSSIMHLAZ•PA 9122190
, on real estate, as
PROPERTY INSURANCE: You are required to insure the
Property securing this Contract with the following minimum
property insurance coverage:
You may purchase or provide the insurance through any insurance
company that is reasonably acceptable to us. If you get the
insurance from or through us you will pay $ 1256.00 for
three years
of coverage.
Liability insurance coverage for bodily injury and/or property
damage caused to others is NOT Included In this Contract unless
checked and indicated below.
(page T of 4)
??llU?tl "l?tl
ITEMIZATION OF AMOUNT FINANCED
Manufactured Home Price $ 56849.00
(including sales tax of $ )
Buyer Protection/Service Plan
Paid to: $
1. Cash Price $ 56849.00
Manufacturer's Rebate $ 0.00
Cash Down Payment $ 15000.00
2. Subtotal $ 15000.00
Trade-in Allowance $
Less: Amount Owing $
3. Net Trade-In $ 0.00
4. Total Down Payment (line 2 plus line 3) $ 15000.00
5. Unpaid Balance of Cash Price (line 1 minus fine 4) $ 41849.00
Fees Paid to Others:
Paid to Public Officials - Filing Fees Only $
Paid to Public Officials - Other than Fifing Fees $
Insurance Premiums' $ 1256.00
(To: }
(To: )
(To: I
Additional Finance Charge(s) Paid To Seller $
To: Buydown $
To: Additional Finance Fees $ 177.50
To: $
6. Subtotal (line 5 plus all Fees Paid to Others) $ 43282.50
7. Prepaid Finance Charges $ 1433.50
Amount Financed (line 6 minus line 7) $ 41849.00
`We may retain or receive a portion of this amount.
SALE: You agree to purchase from us the manufactured home
described below, together with the related services, furnishings,
appliances and accessories listed below (together referred to as
"Manufactured Home"). Your purchase of the Manufactured Home
Is subject to the terms of this Contract. "Contract" means this
document and any separate document that secures this Contract.
Manufacturer Model Name & Number Year
Redman Oakcrest 2007
Serial Number Length Width Color ® New
122000HO46321A 66' 16' ? Used
Services, furnishings, appliances, and accessories include:
? Tires and Wheels ? Axles ? Refrigerator
? Oven/Range
? Washer ? Dryer
? A/C Unit(s)
? Skirting ? Awningls)
? Accessory Shed
? Services
? Other
Location of Manufactured Home after delivery to Buyer:
11 Park Street
Mount Holly Springs PA 17065
Description of Trade-In:
O 1998 8ankars Svaems, Inc.. Si. Cloud. MN Form RSSIMHUIZ.PA 9122198
[]BUYER PROTECTION/SERVICE PLAN: With your purchase
of the Manufactured Home, you have elected to purchase the
following optional buyer protection or service plan ("Plan"):
The Plan covers
and will be in
effect 10/6/2006 See the Plan documents for details.
PROMISE TO PAY AND PAYMENT TERMS: You promise to
pay us the principal amount of $ 43282 .50 , plus
interest on the unpaid balance at the rate(s) of 10
per year until the final scheduled payment date. Interest will begin
to accrue on 10/6/2006
and will accrue on a 360 -day basis. After the final
scheduled payment date, or after you default and we demand
payment, we will earn interest on the unpaid principal balance at
the rate of 10. 00 % per year. You agree 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 amounts according to the terms
of this Contract. A late charge, if provided in the TRUTH IN
LENDING DISCLOSURES, will be imposed only once on a late
payment. A late charge will not be collected on the final
scheduled payment, but interest will continue to accrue at the
applicable contract rate.
? ADDITIONAL FINANCE CHARGE: You agree to pay an
additional, nonrefundable finance charge of $
that will be ? paid in cash. ? financed (see ITEMIZATION OF
AMOUNT FINANCED). ? paid proportionally with each payment.
DOWN PAYMENT: You also agree to pay, or apply to the Cash
Price, on or before today's date, any cash, rebate and net trade-in
value described in the ITEMIZATION OF AMOUNT FINANCED.
? ESCROW: You ? may, but are not required to ? must pay
certain expenses and fees from an escrow account. If an escrow
account is established, it will be governed by a separate
agreement.
GENERAL TERMS: You agree to purchase the Manufactured
Home over time. The Total Sale Price shown in the TRUTH IN
LENDING DISCLOSURES assumes that all payments will be made
as scheduled. The actual amount you will pay may be more or
lass depending on your payment record.
The law of Pennsylvania will govern this transaction. It is also
governed by applicable federal law and regulations, including the
preemption of state usury laws. The federal Alterative Mortgage
Transactions Parity Act may also apply.
We do not intend to charge or collect any interest or fee that is
more than the applicable law allows. If we charge or collect any
amount over what the law allows, we will apply the excess first
to the principal balance, and we will refund any excess if you
have paid this Contract in full.
You understand and agree that some payments to third parties
as a part of this Contract may Involve money retained by us or
paid back to us as commissions or other remuneration.
If any provision of this Contract is not enforceable, this
Contract will remain enforceable without such provision. If we
agree with you to any exceptions to the promises or assurances in
this printed Contract, such agreement must be in writing and
signed by us.
PREPAYMENT: YOU MAY PREPAY THIS CONTRACT
IN FULL OR IN PART AT ANY TIME WITHOUT
PENALTY. Any partial prepayment will not excuse any later
scheduled payments until you pay in full.
You may obtain from us, or the insurance company named in
your policy (or certificate of insurance), a refund of any unearned
?ins'urraaance premiums.
1-L-)- - 1ce9e 2 01 41
ADDITIONAL SECURITY: You also assign to us and
give us a security interest in proceeds and premium
refunds of any insurance and service contracts purchased
with this Contract.
OWNERSHIP AND DUTIES TOWARD PROPERTY:
By giving us a security interest, real estate mortgage, or
deed of trust in the Property, you agree to the following:
A. You will defend our interests in the Property against
claims made by anyone else. You will do whatever
is necessary to keep our claim to the Property valid.
B. The security interest you are giving us in the
Property comes ahead of the claim of any other
creditor. You agree to sign any additional
documents or provide us with any additional
information we may require to keep the priority of
our claim to the Property. You will not do anything
to change our interest in the Property.
C. You will keep the Property in your possession in
good condition and repair. You will use the Property
for its intended and lawful purposes. Unless
otherwise agreed in writing, the Manufactured
Home will be located at the "Location of
Manufactured Home after delivery to Buyer"
provided in this Contract.
D. You will not try to sell or transfer any rights in the
Property without our prior written consent.
E. The Manufactured Home will remain personal
property until this Contract is paid in full. Unless
we give you prior written consent, you will not
allow the Manufactured Home to become a part of
reai estate or to otherwise lose its treatment as
personal property under applicable law.
F. You will pay all taxes, fees, expenses, and
assessments on the Property when due.
G. You will notify us of any loss or damage to the
Property. You will provide us reasonable access to
the Property for the purpose of inspection.
DEFAULT: You will be in default on this Contract if any
one of the following occurs (except as prohibited by law):
A. You fail to make a payment when it is due.
B. You fail to perform any obligation that you have
undertaken in this Contract (which includes doing
something you have agreed not to do).
If you default, you agree to pay our reasonable
attorneys' fees, beginning with the commencement of
legal action, and up to $50 incurred after the NOTICE OF
DEFAULT and before commencement of a legal action
(as provided in Pa. Stat. Ann. tit. 69 § 6231 and fees for
repossession, repair, storage, and sale of the Property
securing this Contract.
If an event of default occurs as to any one of you, we
may exercise our remedies against any or all of you.
NOTICE OF DEFAULT: If you are in default, we will
send you a Notice of Default and Notice of Right to Cure
Default ("Notice") when required by law. The Notice will
explain why you are in default and how you can cure it.
We will not accelerate the unpaid balance of this
Contract, repossess or foreclose on any Property until
after we send you the Notice and any cure period it
describes has passed. We may not be required to send
you a Notice if (1) you have abandoned the Manufactured
Home, (2) you received two Notices in the prior one-year
period, or (3) other extreme circumstances exist.
10 1995 9ankars Systems, Inc., St. Cloud, MN Form R5StMHLAZ-PA 9122198
After repossession you may have additional (but
limited) rights under Pa. Stat. Ann. tit. 69 § 623 to
reinstate this Contract any time up to the date of transfer
of title to the Manufactured Home, by paying the
installments in default without acceleration, plus any
other obligation which you have not fulfilled, without
acceleration, plus our costs and fees allowed by the law
cited.
REMEDIES: If you are in default on this Contract, we
have all of the remedies provided by law, this Contract,
and any separate personal property security agreement,
real estate mortgage, or deed of trust. Before using a
remedy, we will send you any notice and wait for any
cure period that the law may require for that remedy. Our
remedies include the following:
A. We may require you to immediately pay us, subject
to any refund required by law, the entire principal
balance, plus earned interest and all other agreed
charges.
B. We may, but are not required to, pay taxes, fees,
expenses, assessments, or other liens or make
repairs to the Property if you have not done so. Any
amount we pay will be added to the amount you
owe us and will be due immediately. This amount
will earn interest from the date paid at the rate(s)
described in the PROMISE TO PAY AND PAYMENT
TERMS section. We may require that you establish
and fund an escrow account if one is not already
required.
C. We may require you to make the Property available
to us at a place we designate that is reasonably
convenient to you and us.
D. We may immediately take possession of the
Property by legal process or self-help, if we do so
lawfully. We may then sell the Property and apply
what we receive to our reasonable expenses and
then toward your obligations, as allowed by law.
E. Except when prohibited by law, we may sue you
for additional amounts if the sale proceeds do not
pay all you owe us.
Paragraphs C. and D. (above) apply only to personal
property security interests. If this Contract is secured by
a mortgage or deed of trust, then the foreclosure of such
interest may impose other duties and limitations on our
rights and remedies, as provided by law and the
mortgage or deed of trust.
By choosing any one or more of these remedies, we
do not waive our right to later use another remedy. If we
do not act on an event of default, we do not give up our
right to later treat that type of event as a default.
You agree that if any notice is required to be given to
you of an intended sale or transfer of the Property, notice
is reasonable if mailed to your last known address, as
reflected in our records, at least 10 days before the date
of the intended sale or transfer (or such other period of
time as is required by law). When real estate is the
security, other rules may apply.
You agree that, subject to your right to recover such
property, we may take possession of personal property
left in or on the Property securing this Contract and taken
into possession as provided above.
If the U.S. Department of Housing and Urban
Development insures this Contract under its Title 1
Property Improvement and Manufactured Home
Regulations, our right to make you pay off this entire
Contract is subject to the limitations of those regulations.
`~" - (page 3 of 4/
INSURANCE: You agree to buy insurance on the
Property with the types and amounts of coverage
indicated in the PROPERTY INSURANCE section, or as
we otherwise require. You must name us as loss payee
on any such policy. In the event of loss or damage to the
Property, we may require additional security or
assurances of payment before we allow insurance
proceeds to be used to repair or replace the Property.
If insurance proceeds paid to us do not pay off this
Contract, you are responsible for the balance. You will
keep the insurance in effect until this Contract is paid in
full. If the premium for property insurance is included in
the Amount Financed and the insurance is canceled or
terminated before this Contract is paid in full, then you
agree to give us any premium refund or rebate that you
receive. We will credit the refund or rebate to the amount
you owe us. We may, at our option, allow you to use the
refund or rebate to help pay for replacement insurance
that you purchase.
If you do not keep these promises, we may buy
insurance to protect our interest in the Property. The
insurance we buy may include coverages beyond those
we require you to buy and may be from a company you
might not choose. The rate we pay may be higher than a
rate you might have to pay if you buy it yourself. We will
add the premium for this insurance to the amount you
owe us. Any amount we pay will be due immediately.
This amount will earn interest from the date paid at the
applicable contract rate(s).
OBLIGATIONS INDEPENDENT: Each of you who signs
this Contract is independently responsible to pay it and to
keep the other promises made in this Contract. This is
true even if:
A. Someone else has also signed it.
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.
D. We give up any other rights we may have.
E. We extend new credit or renew this Contract.
WARRANTIES: We will provide any warranty
information to you separately.
WAIVER: To the extent permitted by law, you agree to
give up your rights to require us to do certain things. You
do not give up any rights that are provided in this
Contract (for example, see the NOTICE OF DEFAULT
section). Unless the law or this Contract provide
otherwise, we are not required to: (1) demand payment
of amounts due; (2) give notice that amounts due have
not been paid, or have not been paid in the appropriate
amount, time, or manner; or, (3) give notice that. we
intend to make, or are making, this Contract immediately
due.
NOTICE OF PROPOSED INSURANCE: If so indicated
on page 1 of this Contract, credit life insurance coverage
and/or credit accident and health insurance coverage will
apply to this Contract. The insurance company named on
page 1 of this Contract will write the insurance.
The Insurance covers only the personts) signing the
request for insurance. The charge for each type of credit
insurance to be purchased is as indicated on page 1 of
this Contract. The term of insurance will begin as of the
date of this Contract and will and on the original due date
of this Contract.
Subject to acceptance by the Insurance company and
within 30 days, a certificate of insurance will be given to
the insured. If this Contract is prepaid before it is due, a
refund of insurance charges will be made when due.
ASSIGNMENT: This Contract is assigned to Assignee
(identify): Tammac Holdings Corporation
100 Commerce Blvd., Wilkgs-Barre, PA 16702
This assignment is made under the terms of a separate
agreement made between the Seller and Assignee.
NOTICE: ANY HOLDER OF THIS CONSUMER
CREDIT CONTRACT IS SUBJECT TO ALL
CLAIMS AND DEFENSES WHICH THE
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.
NOTICE TO BUYER
Do not sign this Contract in blank.
You are entitled to an exact copy of the
contract you sign.
Keep it to protect your legal rights.
2 (s):
-Ob i0
Signature Date
X
Signature Date
X
Signature Date
X
Signature Date
I ACKNOWLEDGE RECEIPT OF A
CO Y OF THIS C TRACT:
X `
SELLER'S SIGNATURE:
X
Name a Title Heritage Group
Disbursement Date:
date Is for Title 1 HUD insurance purposes
completed after the Contract is signed to
actual disbursement date, and not any
disbursement date. It may appear only on
form.)
(This
and may be
reflect the
estimated
the original
0 1996 Bankers Systems, Inc.. St. Cloud, MN form RSSrMHLAZ-PA 9122/98 (page 4 of 41
DATE: November 4, 2010
LOAN #: 0604510
BORROWER NAME: TINA M BENCH
NOTE AMOUNT: S 43,282.50
ALLONGE
THIS ALLONGE WAS FIRMLY AFFIXED TO THE INSTRUMENT AS TO
BECOME A PART THEREOF.
PAY TO THE ORDER OF:
21" Mortgage Corporation
TAMIVIA.C HOLDINGS CORPORATION
BY,
N MATHEWSON -- SENIOR VICE PRESIDENT
VICE PRESIDENT
P.O. Box 477 * Knoxville, TN 37901
(865)292-2120 * (800)955-0021
NMLS# 2280 * Fax (877)830-3100
11/01/2011
Certified Mail 4: 7192 1641 0010 0104 8241
Loan #: 0253 210- 0
Notice Expiration Date: 12/02/2011
TINA M HFNCH Amount to Cure: $838.48
11 PARK ST Late Fee: $.00
MOUNT HOLLY SPRINGS PA 17065 Serial # 12200011(,46321
NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT
You are now in default on your credit transaction. You have a right to correct this default within 31 days from the
postmarked date of this notice.
If you correct the default, you may continue with the contract as though you did not default. Your default consists of
your failure to make monthly payments beginning with your 9/15/2011 payment. You may cure your default by
remitting the amount listed above within thirty one (31) days from the postmarked data: of this notice.
If you do not correct your default in the time allowed, we may exercise our rights against you under the law by
accelerating your contract and repossessing your mobile home. The default of this loan may be reported to an
appropriate credit-reporting agency.
You may be responsible for all expenses incurred in the repossession and resale of the above unit and any deficiency
may be pursued in a court of law. If this default was caused by your failure to make a payment or payments and you
want to pay by mail, please send a certified check or money order. Do not send cash. I f you have any questions, write
to: 21st Mortgage at the above address or call me at I-800-955-0021 between the hours of 9:00 AM and 6:00 PM
on Monday through Friday. If you wish to avoid this action, please contact us at the above number.
Please be advised further that this letter constitutes neither demand for payment of the captioned debt nor a notice
of personal liability to any recipient hereof who might have received a discharge of such debt in accordance with
applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States
Bankruptcy Code. This letter is being sent to any such parties merely to comply with applicable state law
governing foreclosure of liens pursuant to contractual powers of sale.
KIRK HENSON
Financial Counselor
21 st Mortgage Corp
"PLEASE TAKE NOTICE"
The Department of Housing and Urban Development (HUD) has approved certain experienced counseling organizations
to provide home ownership counseling to qualified borrowers. Home ownership counseling is available free of charge.
You may obtain a list of HUD Approved Counseling Agencies by calling toll free 1-800-569-4287. You should contact
one of the HUD Counseling Agencies or your local HUD office for more information about these counseling services.
If this loan delinquency continues, you could lose your home.
United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice
Legal Rights and Protections under the SCRA
Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections
and debt relief pursuant to the Servicemembers Civil Relief Act(50 USC App. 501) (SCRA).
Who May Be Emitted to Legal Protections Under the SCRA?
' Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard;
' Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration;
• Active service members of the commissioned corps of the Public Health Service;
United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or
military action; and their spouses.
(notice continues on reverse side)
psx0042xxc 0019
4?vltU'ilii t`y")tr
What Legal Protections Are Servicemembers Entitled To Under the SCRA?
*The SCRA states that. a debt incurred by a sen icemember. or service member and spouse jointly. prior to entering military service
shall not bear interest at a rate above 6 percent during the period of mifitarv service.
" The SCRA states that. in a legal action to enforce a debt against real estate that is filed during. or within 90 days after the
servicemembers military service, a court may stop the proceedings for a period of time. or adjust the Tebt. In addition. the sale.
foreclosure. or seizure of real estate shall not be alid it it occurs during. or within 90 days after the sarvicemember's military service unless
the creditor has obtained a court order approving the sale. foreclosure. or seizure of the real estate.
" The SCRA contains many other protections besides those applicable to home loans.
How Does A Servicemember or Dependent Obtain Information About the SCRA?
' A servicemember or dependent. or both. may request relief under the SCRA by providing the lender a written notice with a copy of the
servicemember's military orders. Written notice should be sent to
21st Mortgage
P.O. Box 477
Knoxville. TN 37901
How Does a Serviceatember or Dependent Obtain Information About the SCRA?
Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate. or their installation's Legal
Assistance Officer. A military legal assistance office locator for each branch of the armed services is available at
http://Icga lassistance.law.af-mil/content/localor. php.
The U.S. Department of Defense's information resource is "Military One Source" The toll-free telephone numbers for Military One
Source are, From the United States. 1-800-342-9647_ From outside the United States (where available): 1-800-342-6477. International
collect 484-530-5747_
-??m_ YIIA?IBIIVIIIIIVIIIIINIII?IN
7192 1641 0010 0104 8241
TINA M HENCH
I I PARK ST
MOUNT HOLLY SPRINGS PA 17065
DATE PA TITLED I DATE OF ISSUE ( UNLADEN WEIGHT I DVWR I OL'WR i TTYLE 11HANU5
rF Y OOOYETBI $TA11J8
l xll: ' _. -ii m 1j?lCi' Cf s'
2. NOT T11E ACR41 Mr} AI*
43D MET ER+ `'bISCI.OSU AL LAY TE Rol fo?IDoDGETERDISCLOS P"
1???-?. ED OWNEti('8y TIRE aRIt?7B
µµ??pp K
?+ 7` tn?dl?ELJf? J ice' .
-N{ ? F . OUT OF 000NTRY ' *.
H
OLL:' 1P S PA* 17 ti
L . LDC;taaa vast ° ? --r
P . ISIWA13 A POLICE VEHICLE
STREET ` + =
r j, T d i'k
. YEOCLB COtR"
er - i W i.LDODE`' rte
iFlfilE?t FAVOR flF "`'` SE UEN FAVOR OF: X , telY11A9ATAw
T` -fil'AC -HOLDINGS i
+
RaRATION
It a poorhd Uanlholder is 000 won eatlelaWOrh oI tlht,trsl? tI °:
r€r"°?n"e i mIw ftm- rd this TWO m the?$yramr'?L-Atha
brm and lat. ,
fiRS{ LIM Rf1FJ1SED '
DATE; , .. j
8Y SECOijD LIEN RELEASED
AUTHORIZED REPRESENTATIVE DATE 1
MtAtLM ADDRESS _
BY_ *'..d
7 Au HORmD RmwsENAmE
O 6800
TAMMAC HOLDINGS Ji i
CORPORATION
1013 'COMMERCE BLVD
WI-LKES BARRE PA 18702
> as of do data of km% She olodal rscada of the Pmmilvania DepaMhad ALLEN D BI E H L E R ,
of Tr mporutah reflect nmh Cm person(s) or company named herakh to CM lawful am*
• • c (d* said wo*k
N a co-immhaser olhw then your spouse i
XRSCii0W AM bWOM be Usted as `Joint Tenants VMS FW of
?+ _ PAY ownfii,:tltla goes to anrviving;owne?FIE
?? will be lasued 'Tenants to Common' (0
dh eed ohrvner goes to tds&er hake or s
?^• i WMAP-M OF PSWIN ADWISTEWNO OAIH tsT U It DATE: - s
S -
i ST I?NF101.DER
CITY
1=9 IS AN ELT, CHECK HERE
1sm REQUIRED ? -,
2ND LIEN DATE:
The udsmWmd Immbr malt} •Pi 1d C OkM of M a !r v.ItM d..atatl
?. Atod m ee a mam*r+c.. 04 ar h.sr rr.hma w bM We 2ND LIEIJiiOLOER
1. c
i '
ATE ;, , Zip ??
SAL atr 1i•sr?;r
1TM NQ. '
¦ Ii
VERIFICATION
I, Elizabeth Totten, state that I am the Legal Coordinator for 2l" Mortgage Corporation,
Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of
the said 21" Mortgage Corporation, and verify that the statements made in the foregoing
document are true and correct. I understand that false statements herein are made subject to the
penalties of 18 PA. C
S. Section 4904 relating to unsworn falsifications to authorities.
L?
Dated: r ?'`'
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ct ' u,i r i N~7!1Ts???NndX
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
n00, ` , rrr,
/t0
20112 MAR 16 AM 8: 44
UMBERLANO COLIfiT Y
PENNSYLVANIA
21 st Mortgage Corporation
vs.
Tina M. Hench
Case Number
2012-1469
SHERIFF'S RETURN OF SERVICE
03/08/2012 06:47 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March
8, 2012 at 1847 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Tina M. Hench, by making known unto herself personally, at 11 Park Street, Mount Holly
Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her
personally the said true and correct copy of the same.
L BARRICK, PUTY
SHERIFF COST: $35.45
March 12, 2012
SO ANSWERS,
ROW R ANDERSON, SHERIFF