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HomeMy WebLinkAbout12-4707r. MED-OFFME IN THE COURT OF COMMON PLEAS O THE I'ROTHDN©TAF OF CUMBERLAND COUNTY, PENNSYLVAJJ jUt 21 PM 1: 4 uMBEaar Na COUN7 NORTHWEST SAVINGS BANK, CASENO. )A-Y76 r PENNS,?LANIA Plaintiff : Ui l CIVIL DIVISION V. TYPE OF PLEADING: LINDA S. ENGLE, CIVIL COMPLAINT Defendant : FILED ON BEHALF OF: Plaintiff, : Northwest Savings Bank COUNSEL OF RECORD FOR PARTY: Kurt L. Sundberg, Esq. Marsh Spaeder Baur Spaeder & Schaaf, 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 0 * sto3. Spy a I ,. NORTHWEST SAVINGS BANK, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW LINDA S. ENGLE, Defendant NO. TO: Linda S. Engle 460 Brook Circle Mechanicsburg, PA 17050 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WIT. TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY A FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO'. CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY E ENTEI AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR Y MOT CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUES- BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIG IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.', IF YOU NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELT THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING jA LAWY] IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE A] TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OF LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SPAEDER BAUR SPAEDEA & SCHA4, LLP By ?W State fl'freet, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 NORTHWEST SAVINGS BANK, Plaintiff V. LINDA S. ENGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. COMPLAINT IN CIVIL ACTION AND NOW, comes the plaintiff, NORTHWEST SAVINGS BANK, by and through i attorneys, Marsh Spaeder Baur Spaeder & Schaaf, LLP, and files the within Complaint in Civil Action and avers as follows: 1. The plaintiff is Northwest Savings Bank ("Northwest"), a bank organized the laws of the Commonwealth of Pennsylvania with its principal offices situate dt 100 I Street, Warren, Pennsylvania 16365. 2. The defendant, Linda S. Engle, is an adult individual who resides) at 460 Circle, Mechanicsburg, Pennsylvania 17050 and is hereinafter referred to as the "defendant". 3. On May 12, 2005, defendant and her husband, Paul J. Engle, purchased a 1 Commodore Nova Mobile Home described in the Certificate of Title for a Mobile Hi attached hereto, incorporated herein by reference and marked Exhibit "A" (hereinafter referre as the "Mobile Home"). 4. Also, on May 12, 2005, in consideration of a loan of $55,000.00 made Northwest to defendant and her husband to finance the purchase of the Mobile Home defendant and her husband, the defendant and her husband executed and delivered to North," a Note and Security Agreement (the "Contract") in the principal amount of $55,000 obligating the defendant and her husband to pay $557.65 on or before the 11th day of e, month for a total of 180 months, with interest on the unpaid principal balance ftm the date to lof said Contract, until paid, at the rate of 8.99% per annum. A true and correct copy of the is attached hereto, incorporated herein by reference and marked Exhibit "B". 5. The Contract granted Northwest a security interest in the Mobile,, Home, v security interest was perfected by placement of Northwest's name as lienholder on, the Certif of Title for the Mobile Home, as evidenced by Exhibit "A" attached hereto, and, by North taking and maintaining possession of said Certificate of Title. 6. Defendant's husband, Paul J. Engle, died October 31, 2008, thereby vesting ownership of the Mobile Home by operation of law in defendant. 7. Pursuant to the terms of the Contact, failure to make a monthly payment due constituted a default. See, Exhibit "B". 8. Pursuant to the terms of the Contract, upon default, Northwest had the right to repossess the Mobile Home, sell the Mobile Home and apply the money received at sale to the amount owed by defendant under the Contract and pursue defendant for any deficiency on the amount owed under the Contract, plus expenses incurred in repossessing, storing, repai g, preparing to sell and selling the Mobile Home. See, Exhibit "B". 9. The defendant defaulted in her monthly payments under the Contract by failing to pay Northwest the monthly payments for July through December of 2009 and January d February of 2010. 10. As of February 11, 2010, defendant was past due on her payments under the Contract to Northwest in the amount of $5,018.90. 11. Accordingly, on February 11, 2010, pursuant to its rights under} the Contract, Northwest caused the Mobile Home to be repossessed. 12. Pursuant to the terms of the Contract, Northwest sold the Mobile Home through a private sale on or about June 6, 2012, for a sales price of $21,207.55. 2 13. As of June 6, 2012, the amount due and owing Northwest under the Contract (?. e. , the payoff) was $54,679.65. 14. Pursuant to the terms of the Contract, the proceeds of $21,207.55 ftom the sal of the Mobile Home by Northwest were used to pay costs and expenses incurred by Northwest in repossessing, storing, repairing, preparing to sell and selling the Mobile Home and the was then applied to the amount owed by defendant under the Contract. See, Exhibit "B". 15. The balance due and owing under the Contract to Northwest by defendant, application of proceeds from the sale of the Mobile Home is $33,472.10. 16. Demand has been made by Northwest upon defendant for paymentl, of the due and owing and defendant has failed to pay the balance due and owing Northwest in amount of $33,472.10. See, letter attached hereto, incorporated herein by reference and mai Exhibit "C". WHEREFORE, it is respectfully requested that this Honorable Court enter judgmen# in favor of the plaintiff, Northwest Savings Bank, and against the defendant, Linda S. Engle, in amount of $33,472.10, plus costs of suit. Respectfully submitted, MARSH SPAEDER BAUR SPAEDE9 & SC , LLP / BY if L. S rg, Esquire ttorney r Plaintiff 300 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 3 NORTHWEST SAVINGS BANK, Plaintiff V. LINDA S. ENGLE, Defendant TN FiJRT OF COMMON PLEAS ?,CLJnERi,AM,COLTNTY, PENNSYLVANIA C1Vlt ACTION - LAW NO. VERIF'I`CATION I, Diana Flickner, A.V.P. Loss Mitigation for Northwest Savings Bank, hereby verify the facts contained in the within Complaint in Ejectment are true and correct to the best of knowledge, information and belief. This statement is made subject to the penalties of 18 C.S.A. - 4904 relating to unsworn falsification to authorities and is given pursuant to provisions for verification of pleadings as defined and provided for in Rule 1024 of Pennsylvania Rules of Civil Procedure. Tana Flickner, A.V.P. Loss Mitipfion Northwest Savings Bank a v p N. Disclosure, and Security Agree. -,nt Lender Borrower Loan nund)cr 2455001400 Northwest Savings Bank-Br245 G Loan Date 05112/2005 3140 Cape Horn Rd Pavl 6ng1e, Linda S Engle Maturity Date 05/11/2020 Red Lion, PA 17356 501 Windy Hill Road Lot 51 Ltmo Amount 55,000.00 Shemans Dale, PA 17090 Renewal of ? Refer tr wed adde idum for additional Annual Persorrtgh o nam. af91 Amount Fbnsneed Total of P. Th yonent e Lust of my credit ass a yearly Tile dollar amount the credit s411 The snrouot of credit provideJ to ine The amount I will i vc paid when I rate. coat rise. or on my behalf. have matt all sod lend payments. 6.9958 $ 45,364.09 $ 55,000.00 $100o394.09 yt+s•rd Sehdduo VM so: 'e' enema au Payments Amount of Payments When Payments Are Due Total of Paylnell hNJUd6S I.W t and met ktsluance premi , If appficabl 179 S 557.65 monthly beginning 06/11/2005 1 $ 564.74 05/11/2020 5 Demand. ? This nice has a demand feature. ? This rite is payable an denald anti all disclosures are based nn an assumed maturity of one year. Prepayment. If 1 pay off this not early, 1 ? nay &I will not have m pay a m111inum rM= Charge- 0 If i pay off this one early, 1 will not be entitlsl to a refund or part of the additional finance charge. ® late Charge. If a payna/t is laic (tam: than 15 , days alter due) 1 will to charted 10-000% Of the unpaid payment artaunt. Or 520.00, whichever is greater. Security. 1 am giving a security interest in: ? the goods or property being purchasod. ? collneral soeuriug other loans with you may also secure this loan. ® (brief description of otter property) 19 90 Commodore, Nova Filing Fees. S Non-tiny Insurimme. S ? lleptired Deposit. The annual Percentage rate does now lake ink) account my raiubd dgxx*. 5a Asmugstion. Someonc buying the Property wearing this obligation cannot assume the re mdrder of the obligation an the original terms. Convact Oasw?rnts. 1 an we my contract domments for any additional infonnation about norgaymtnt. default, any required repayment befpre alt scheduled okre, anti pregaysapn i dWds arltl;psladsimr. ? Other Terms. Promise to Pay. Par value rcedvd, I pmsrdse to pay to you, or your order, at your address abrive. the prindlr l sum of 5 55, 000.00 plus hnemna from 04112/2005 at the rate of 6.990 8 Per year until 05/11/2020 - Interest accrues on a 365/345 bash. I. agree to pay late charges in acco nce whh the Provisions shown In the dheualy S Thuth•in•[.eoding Disedmsurls. The, purpose of this loan it Refinancing Amount givers in to e 31146.49 Amount paid on my (loan) account $ Payment. I will pay this owns as follows: ?tue=due 5 Amount Pxld to others on my 1ldolf (You may retain or receive a portion of these atnahnts.) Principal due ® This me has 3e0 payments. The first payment will be in the amount of $ 557.65 and will be due 06/11/2005 . A payment of $537.65 will he due nn the 11th day of each month tlerafter. The final payment of the entire anpsid balance or Principal and Interest will be due 03/1112020 Post4liatutky Interest. lowest will roerue after maturity on der 6npe dl balaaae of this nose on the tame basis ar haerest accrues before maturity. punless a sped k post•mamrNy, interest one is agmed to in de next semanr. y interest will accrue at de. rata of 6.990 A per year on the halarice of thb note no paid at maturity. including mamnty )y acceleradnn. To Insurance co mPmies To public officials yA71DDLT INIM S $ 51,653.51 T (less) Prepaid Finance Charge(s) S Amaaat Plana ed 55.4100.00 - - - - - --------- Seats". To secure the oblIptiarr of Oda Latm Agreement. give you a security hnarea an tie Properly des riled blow: 1.) 1990 Commodore Nova - ID4 ? Additional Fkmnca Charge. I also agree to pay a nonrefundable fee of $ . and it will be ? paid in ash. ? paid pro rain over the loan term. ? withheld from dot: pn><oeds. (if this fee ix withheld fnnn the proceeds. the amount is included in die Principal sum.) ? AN Debts. The Property will also serve as co02kend for ? NRnimum Finance Charge. I agree to pay a minimum charge ear m 5 if i pay this null off before you have ve penal that much in ® Other Security. This Loan Agreement is secured by f)naaee chargias ®Ratum@d Payment Fee. I agree ho pay a service charge of 5 5.00 A Lien on Title for cach payment (dlcck or automate payment) rewmed unpaid. maw Nimple Interest now. abdoswe. Security Agreement Consumer Resat • "n-aid Cwdk Q 2))02 Bankers Systems, Inc., St. Cloud, LIN Form NDaS-SI•PA Ofl /2002 M7 47 Pape 1 of 3 (fib-C6171PA) I021of VMP MORTGAGE FORMS • (5001521.7251 Definldons. As uaad in this Loan Agreement, ® indicates teens that apply to this base Agreement. Lana AgromVal refers m the Promissory Note, Seanty As , I e it. and Trutt in Le:n ' g Disebsures, and any extensions, ruxnpis. modiBadom. and substitutions of this Loan Agreement. L,mn refers to this transaction generally, initialing obligations and duties arisin from the arms of all docomants prepared ter submitted for this transaction. such as applications. security agreements, disclosures. or ditties. and this Loan Agreement. Sentrity Agrectorw refers in the sanri agrtsmtent contained within this Loan Agreement Secured Debts refers to all sums advanced toyou unkr de terns of the loan Agreement. and all present and future debts fir the All Debts suburban of the Security Agreement has been chocked). The pronouns I, one and aq refer to ach Borrower signing this Loan Agreement. individually and togiMer with dick heirs. successors and assigns, and each other person or legal enuy ((includig n gaaranomt. endorsers. and surales) who agrees to pay this Loan Agreement. You and yr car refer to doe Lender and its successors and assigns. Advance Procedure And Means. You will advance die loan proceeds by say of chock. cash, wire transfer. credit to an account car any combbahiin as you and I M. The advmhoe(s) will occur upon oismas istam of the loan and as yem atu11 s ra, except tam. ant advance(s) will occur until afer three business days rose date of eonsummudrsn if the loan is rescindahte pursuant to Regulation 2 (12 C.F.R,12306). Payments. Unless otherwise provided in ter: Other Terms section, each payment I snake on this Leant Agreement will be applied first to any charges i owe otter don principal and Interest, then to interest that is due, and finally to pri ' plant is due. No late charge will be assessed on any payment when me only y is due to Into fees assessed on earlier payments and the ppaayyseem ioaierwiae a full payment. The usual amount of any final payment wBl depend on my payment record. Interest. lone w will accrue on the unpaid principal balance until paid in full. For interest calculation. die accrual method will determine the number of days in a year. The imarmt raft and odtsr charges on this Loan Agreement will or tx taid dan ltijireq nice or charge allowed by law for the bail. If the amount collected Is kirad to exceed the highest rate or charge allowed. you will refund an amount necessary to comply with the law. Post•Aftemi y Interest. Interest will accrue on the principal balance remaining unryald abler Aral manrky at the rmc specified in this Lan Agreement. For purposes of this seerron, fund maturity occurs on any of the following daxa. If this loan Agreement is payable on demand, an the date you make demand for payment. • If this Loan Agreement is payable an demand with alternate payment date(s), on the daft you make demand for payment or on the final alternate payment data, whichever is oanikr. On the dam of the bill scheduled payment of principal. On the dak you accelerate the due date of ibis Lean Agreement (demand imnaliase payment). Upon the entry of judgmem on this note and applitst to amounts owed under this note or under any such judgment until pad in full. PrePayment- I may prepay, this Loan Agreement in whole or do part at any time. Any partial prepayment will not excuse any bier scheduled payments until t pay in tiii. Cornrsbelons. I understand and agree that you (or your afflbte) will earn COMMWItna or fee on slay halt a products. and may earn such fens on other services that i buy trough you or your affiliate. Warrandiss odd Repnaesststfons. I have the power and authority to enter hen eta iAtta Atraemem. The exec allon and delivery of ink Lou Agreement will act violese any agreement governing me or my property, or to which I am a party- I own all of the Property7,, uses otherwise agreed and disclosed a ppots in writing. Pout cimit to tlb 14oryttry is ahead of the claim of. soy other credisor, as dbaNatr A in wrung to you prbr to an p advance on tine Secured Dcba. The rgphtW ban not boa and will me be used lir any purpose dint would violae any 6stet or subjser the Proerty 10 ferfeilnto or se, rte. Defauk. Salina to aanrtyy lindledons in the Real Estate or Residence Security section. I be in =k if soy of ire following occur. . I fail to drake a Payment When due. 1 fail to perform ay ta>nduinn or keep any promise of this or any agnxment I have trade with you. RenmwcgM Se( ?' hto any limitations in the Real Bessie or Residence Sean rity secdor. afar I tftlauk, and after you give any legally required notice std b core die dAbult. you nay at your upiau do any one or more of • Make all or any pan of the atnwm owing by the terms of this Loan All -- mnitdue. • Use any and erg rernadies you have under sat or federal law, or in any Inscruwe slowing this Loan Agreement. Make a claim for any and all insurance benefit; or refunds that may be available on my default. Set off any amount due and payable order the terms of this Loan Agreement against my right to receive money from you. unless linrhibited by law. Make asneams advanced on my behalf duo and add dim amounts to die balance owing under the terns of this Loan Agreement. Require ere tu the Property red make it available to you In a ma omble 6otsoe luotm proldliked by bwk keep or dispose of the Property as provided by law: apply an pmoaeds to your upcnm of collection and onto g?aw ?t odd than to the Secured Debts: and. unless prohibited by law, and fic Ir any "Ir d notice ofeeflcienay. ldoW me liable ror any tic Ra li what you receive rrom the lade doer not satisfy the Secured Debts. By chancing any one or more of there remedies you do not give up your right to use any edar remdy. Yew ran amt waive a delwh Nyar eh ote not m use & restudy. illy dkMing ant 10 use any remedy. you do not waive your right to later coma a die events default and to use any remedies if the default continues or occurs again. Real Estate or Residence Security. If this Loan Asmomem Is secured by real estatcor a residence that is pons l proparry the existence of a default and your tanpsdies for rich a de6uti will be denim -irked by applicable law. by do terra of soy cam nmmt Catch 9 the security interest and. to the exam rat probi6frad bw and not muonary to the terns of the separate security instrument. by this an Agreement. tw4Trorw Shnpk Interest Nme. Dbodes m, ant O 2002 hookers Synams, Mc.. St. Cloud. MN Form -C617(PA) 102101 Waivers. To the extent. prohibited bylaw, I waive protest, presentment for payment, demand, notice of acceleration, notice of intent to acceltraw, and notice of dishonor. You may renew or extend payments on this roan rewnsm. regardless of the number of such renewals or extensions. You may r ease any Borrower, endorser, guarantor, surety, accommodation taker, or any other cosigner. You may release, substitute, or impair any property securing this Loan Agreement. Collection Expenses and Attorneys' Fees. On or after Default, to the extent permitted by law. I agrms to pay all reasonable expenses of collection. atforo ment, or protection of your rights and remedies under this peon Agreement. &Vetses include, butane not limited m, awsnpqyy-a' fees, court costs and otter legal expenses. These expenses are due and payable immodiateiy. If not paid bamedkstdy. time cxpxstses will bear inteman norm the dale of pxaymcnt until paid in full at the rate provLbJ In the [eras of mho t.ua a Agreement. All foes and expenses will be secured by the Pri fly I have gri raw you, if any. To the extent permitted by the United Sates Bankruptcy Cute, i agree to pay the reasonable attorneys' fat you incur to collect dtut debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. General Provisions. This Loan Agreement is governed by laws of Pennsylvania, the United Sates of Arnmet . and to die la required, by the laws of the jur»dicdon where the property is Iceland. If two mere Borrowers sip this Loaf Agreemen% we are ]I" at reply jointly and evatilly. This Lowe Agreement it the conpicia and final exRmuion of our reaosnt. Nemt modification of dub Loan Agreement is elfuwve aMoa math waiting a sighed by ate and you. The dduuties and benefits of this Lose, groement will bind and benefit the successors and assigns of me and you If any trovYdon of this Loan Appeaneent is unordorceabk, then mite unenforceable pr vision will be severed and the remaining provisions will be enforceable. Unku otherwise re yuirud by law, :ay mliee wI tailing it by first t be given 14 delivering it or mail to my bast known addicts. Notice to one party will be ebeemed to be notice to all partial. Where a orator is r . I aggrreeee that Id days prior written homiest will be reasonable notice to nit u r the Uniform Commercial Code or otter applicable sato law. I will pmvitemhyew say financial sWwncnt orinformrtioa yon reqduest. All tfau ill seWana std btformatot i give you will be cc an complete. My. mane std address are my exact legal mane and in Ont resbderhee. i will wide you with at least 30 days make prior to eltaeogin my mane err residence. Anyy Pnvhtiom diet you air an ageN end trot st5ject 12F?iosu provisions of 30 Ps.C.S.A. SZ,` 1 a seq. (Chsiptor 36• Deealeaa ws and Fiduciaries Code). By exercising any or your tights under ticis ' note. you tan so for your snk beraeMt. you man barer, saard file YY m shat y topntraoa cominw, is o m obligations icammaider sills dhit Loco sa d to? oartfirns Y your litre whit ore soy wirTeh?i hirksvteietsraq. sow ? tit be based, and AM prectsds and prod" all Parts. aaawrks, repas---- - eta PsoPery: city odslsd ;AZ; of its support the payment at perfirustim of der If the All Debts sabamdon is checked, die future debts. arm if this Loan t iw;numcM, the future delta are RRea debt it ume4tad to or of a dMhrrypa d Agreement is a commidamm to wage Wtun Agnment will no scene any dater for wit notice of the right of retelmko a a., right b w Act ocon'tioddft n tvas ? law. w goventfag fldr and daeepive credit 1 Purchase Money Security Internet. If d line proaoeds we used m ranee the can --ft AV. 1. erathe Is a win a¢cYSdo?M tors aldp and k dNgatom dot sbo 5013 11111 present and e0lYlstal or ifdie future Nee NOW in this Las" on' lose are option, to diamm der ban proaads d hecdy to at sager of I yypooounrrbaof der Property W with lose proceeds will rue Payer on sewriq isasst amp so Succeed baM sty nooyiachass mossy lest sire seemed by t Age ' I we sot bs to At nee" W. A Iwo. purchase bso win bs alsoled In tits any, sod teen to tie p k tit dire Ptnrdtsoa nrorhy Prnosrtt wY aa4uid pubis tu ao9hsied an tie same time- . thew wiE be apphgod ho'th Nu se:elTky beach wM De a? appllcsioa of ais f Wallas. i waive all claims for lose or dmeage exceed ea. . whore you awed rasos?ly and In god &hittl wwaa have now or in tie future to a thomastpd or personal property Property. khan (the at your tistirty. The b full. writy itpmprdthpen r i1 of which Property was 1 a the Asstmsptbws. Someone buying the Propsty cannot Mums die nMpgatbn. Y one and ou mgpadyaltrso the cadre balmtoe of der Iaan Agreement 0 bel bhmsdbsdy or sale of tits upon the creation of. or aontraa for the creation of, a tensest Property. Perfeadm Of Security ? Interest. i authorize you to file s fors ing sauentwtt you mtg r?iectioa Commercial rahtt Sfaati1 comply with. facilitate. e. and odwisCommercial Code. D Your security interest under tie Uniform Duties Toward Property. I wg?tk Propyty seer ,res,r ?lo# hall wan A icur to the Wis. rapt awn at Mtia id& bsd ioylaantW I family or t. I k lkcapperWpsosasIn god npah and w it cad F,5 ersonal. hoodo kin da mage 10 the Property, you have the right oInflynaasoa6ln You or locos tttth e propcirty. 1 will bap banks. n=nb. and acWams above stns rg( sad Dom. to which I win Witter you +!esis adAs oeasm. i erg taws min Home. or el a ooft t yhoPerty seB lease Home. or odes 1101 O t-IN or written of MM You do act authoencumber da rise say ark err oMix d dte Pro perty. Any ask or dispassion you do trot mdhwiw wiOR If i Pledge Are Property to you very the b:;"!7,= ur rights. hhied 'pI i I>mceets ad! pry's e or 1.. 1. derliver any th ulcm! tloeusntuot Anmttlsl tesasricns 1 wilt pots ide you any D the ?roPnty i receive as the owner of the oppp?ertty other htform don relating Agreement t 6/7/2002 Costumer Loan . Not for Pane 2 of 3 Insurance. 1 agree to keep the Property insured :e_ st the risks reasonably associated with the Property until ilk: Property is released front this Security Agrcettalut. I may provide the required insurance hnugh an existing policy of insurance that i own or control, or through a policy that i buy. I have free choice in the selection of an insurer= company, subject to applicable law. I will maintain this insurance in the amounts you require and have the insurance company ionic you as lots Payee on any insurance policy. I will give you and the insurance company immediate notice of any iota. You may apply the insurance procceds inward what b owed on the Secured Debts. if due insurance proceeds not cover the amounts f owe you, i will pay the difference. You may rewire additional security as a condition of permitting any insurance proceeds to be used to repair or replace the Property. If you acquire die p peaty In damaged condition, my rights to any insurance policies and prooxd will pawn to you m the extent of the Seamed Debts. I will immediately nodly, you ofeancdia on or termination of insurance. I a so required to maintain Insurance an the Property to protect your Interco. If If hg to maintain the required insurance. or fail to provide you with evidence of insurance, i understand and agree to the fallowing. You may (but are not required to) dace Insurance on the Property to protect your Interest, uidch will not cover my equity in the Property. Tie insurance you provinle may be written by a company other than one I wmdd elnomn and may the urkien at a higher rate than I could obtain if i purchased the imitu-ance. I wM pay for the costs of any Property insurance you provide. Auth,o tY to Perform. I sdvorbw you to do anything you dean reasonably necessary so protect the Property and your security interest in the Property. If 1 fail mQtdbmu any of my dutics under this Lost Agreement, you are audtuiaal, afw pmvidiag inn with any required notice and opportunity to perlbrm, to paRutn the duties or cause them[ to be pperrfimned and add the cost of performance to the Secured Deets. These authorizations include. hat are not limited as. penNasion is pay for the repair. mahuam mce, and preservation of the Property and taking any action to obtain or preserve the benefits and rights of the Property. You authority a pufarm fax me will not create an obligation to perform and your failure no perform will not preclude you from exercising any other rights tinier the law or this Security Agreement. if yea cum into actual or ma(mOtive p ssandon cif die Proppeerrlryy, yyou WIN presen•e and protect dos PmpatyNta da tatmt regttded bylaw. YourZy of tare with respect to the Proiaerty well be maidled if you exercise reasonable care in the safekeeping of the Property" in the selection of a third parry in possession of the Property. For doe pu of the provisions within this enclosure, f, vie or my means die =PU of the provisions within this enclosure. 1. vie or my means die it s below and you exam the Lender identified in this Loan APVCWML 1 agree to rive you a soarrity, interest in the Property teat is describod in the Security Agreement section. I agree in the terms of this Loan Agreement, but I am in no way ppaosall liable for payment of the debt. This mans dot if the Bonsuar dEfw=73 merest n the secured Property may he used to satisfy do ihsrraaop?'s gtac ltat you may. without releasing me or the Property from toil Third Party Agreement std without notice or demo d upon me. extend -tow amlk to fumy Bomtnvtr, renew or flange this Loam Ajrtemma 1 one or memo times and for any term , or fail to perfect your security inkrad in, ?? nskaue any sanrhy (ihtludung guaranties) for the obligatnm of any I have received a completed copy of this Gun Agreement. Attach FCC 'Pn.-servation of Consumer Claims and Dcfensex' Notice If Applicable. otlsmr oftvro a "and below. are as required too obtain credit and yon will NU mOvidt dwot rptmllt i alga and agree in ply the wdigh al pee nos. N I wam ash hunnnoe. yyowu Will oeain it for me (if I qualify, Ric rnvaago). YOU are quoting IkelOW ONLY the coverages r have chosen to paechum. Credit Life Pramitim 0 Single 0 Joint fj) None 'Perm Credit Disability Premium O single O joint ® None 'P'erm 0 Sngle 0 Joint 0 None 0 Singla Interest Insu. ;&.I may obtain single interestinsurance from anyone I want dw is acceptable to you. If i get the insurance from or through you I will pay S for of coverage. 0 Property Insurance. I may obtain property insurance from anyone h watt that is acceptable m you. If I get the insurance from or through you I will pay $ for of coverage. PININVO ICAN toaay im mnct product or nnouky I ptttitas?s from you. Witt regard to any Product 1 purchase from you, the IWbwng cap y. The Product Is not a deposit account or other obligation Of any depository institution or any affiliate of any depositary institution. The Product Is not gutrameed or insured by any depository institution or any affiliate of any depository institution. The Product is not Insured by the Federal Deposit insurance, Corporation (FDIC). The Product, except in the case of Federal Flood insurance or Federal Crop Insurance. is not Insured by any federal government agency. 0 If this box is checked, there is investment risk associated with the Predact. including the paw" loss of value. By Signing. I acknowledge that I have received a copy of thisl disclosure on today's date. Unless time disclosures are provided edeeaon ly or I have purchased die Product by wall, I also acknowledge that you have provided these disclosures to me orally. Date Dace, y- (ere tati*rar) are being ame ad to gaaady Abe debt. !LOA tmrdwy before you do. R the bait war dease't Pay the deoe, YOU to to. Be sure you an afford to pay W you berate, and that you to accept this w Y e a to pay up to the f u l l amount of the debt hf the berrower doa not P111Y. Y" AM WAY have to pry hate ho or collation eotnr, which increase this wasuaL The creditor cast eohd this debt from yea svklaat Ilex W collect from the Inarmrer. The creditor cam ate tea aso smetluods apla . you that tam be amid agaiuet the berrswerr arch as. ymn, C. If this dart is ever In dshadt, that fact may become pant of r ereBt record. This mattes is not the contract that unit" yea ibibe for the 'ilebt. By si$akag. f apse is rho two tan tak3w In thb Low Agreament. I also aeltnawkxlp rtxatpt of a copy of this Loa Agreement on today's dame. cosigners. See Notice to Codgmxr above before signnp. Paul IF Engle V 6- K ,7(r.s..ze ..J C- Linda S Isngl* $ X Premium S Term Slgtaturs. My s"re below mans 1 want (only) the insurance on, a(s) tuostd If None' is chretcd. I have nerd tic Coverage You of . X DOB i-z,8 g x`axia DoB 3 .1 DOB (Optional) q Signed rt: #cx Lender This Iftnelfer, ShmWla Internet NOW, Dtaebswt, and Security Agreement Consumer Loan . Not for . 4nd Cmdit O IBOBBmtcaa 6/sttM. Inc., St. Cloud. IdNi Form NOaS-SI-PA 6/1/2002 -CS171PA) lostot Page 3 of 3 f June 6, 2012 Estate of Paul Engle 460 Brooks Circle Mechanicsburg, PA 17050 RE: 2455001400 ITEM: Commodore Nova To Whom It May Concern: This is to advise you that your 1998 Commodore Nova has been sold at private sale with a high bid of $121,207.55. Following is a complete accounting of the costs of the sale and the net payoff balance on your account at this time. ITEMIZATION OF AMOUNT DUE Unpaid total of payments at time of sale S 48,849.09 Accrued Delinquency charges S 2,763.28 Late Fee S 0 Plus Expenses of: Miscellaneous Fees $ 3,067.28 Repairing collateral $ 0 Storage and other charges (Transport and Key) S 0 Costs of Insurance S 0 Less Credits: Property Write-down Insurance Claims $ 0 $ 0 Proceeds of Sale S 21 207.5 Balance Due S 33,472.16 It is necessary that you now pay the balance in full or contact our office immediately to make definite arrangements in regards to the liquidation of this obligation. S Y. inz 6V/ z Ledebur Recovery Specialist 7m 2780 0 oa Z , 8`U g 9187 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY „ ~- ~, ; ~+~~p~v nt ~.au+Lrtj~~fb ~~ ~.,. Northwest Savings Bank vs. Linda S. Engle SHERIFF'S RETURN OF SERVICE Case Number 2012-4707 08/06/2012 05:40 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 6, 2012 at 1740 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda S. Engle, by making known unto herself personally, at 460 Brook Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing t her personally the said true and correct copy of the same. BITNER, DEP SHERIFF COST: $38.45 August 09, 2012 ~` i~ Al1G ~ 5 Ail ;r;. 2 9 SO ANSWERS, RON ~ R ANDERSON, SHERIFF (c) CauntySulte Shen!f. 1-olecsoh, Irp. e ~ NORTHWEST SAVINGS BANK, Plaintiff v. LINDA S. ENGLE, Defendant TO: Linda S. Engle 460 Brook Circle Mechanicsburg, PA 17050 Date of Notice: August 27, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW -, c ~„~ NO. 2012-4707 ~ ~. ~~ ~ c~ Z ~ o ~G N --~ n~ IMPORTANT NOTICE rn ~~ -~~ ~. --~ c~ -~+~ ~, ~~ z YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITT N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH T E COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAIN T YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ANDY U MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU O NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE . IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY i LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 MARSH SP By BAUR SPAEDER & SCHAAF, L. S db g orneys o laintiff 00 State Street, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 T ~ ,t NORTHWEST SAVINGS BANK, Plaintiff v. LINDA S. ENGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2012-4707 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Important Notice was mailed first class mail, postage prepaid, or hand delivered this 27th day of August, 2012, to all of record and unrepresented parties in the above-captioned matter as follows: Linda S. Engle 460 Brook Circle Mechanicsburg, PA 17050 MARSH SPAED R BAUI~,SPAEDER & S!CHAAF, By K L. S be g 3 0 State et, Suite 300 Erie, Pennsylvania 16507 (814) 456-5301 ~ ^' f'~ ~-"~ ri ~ G7 ~. E-r~ ~ n ~- - ~ t'T'; __ ~7 --1 t ~~-~. ~ :,r+~ , ;vim IN THE COURT OF COM'_VION PLEAS ~~'=. ~=;' OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~,. _~ ,== r" r- ~ ~,~ c, NORTH`vUES~h SAVINGS BANK, CIVIL ACTION -LAW `~ ``°' Plaintiff w.a NO. 2012-04707 v. Type of Pleading: LINDA ~>. ENGLE> MOTION FOR SUMMARY ,TUDGMENT Defendant Filed on behalf of: Plaintiff, Northwest Savings Bank Counsel of Record for This Party: Kurt L. Stmdberg, F,sq. PA I.D. J6g~~1 Marsh Spaeder Baur Spaeder & Schaaf, LLP 300 State Street, Suite X00 Erie, PA 16507 (814) 456-5301 IN THE COURT OF COMMON PLEAS OF CUMBEP~LAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff v. LINDA S. ENGLE, Defendant CIVIL ACTION -LAW NO. 2012-04707 MOTION- FOR SUMMARY JUDGMENT AND NOW, comes the plaintiff, NORTHWEST SAVINGS BANK, by and through its attorneys., Marsh Spaeder Baur Spaeder & Schaaf, i.i_~, and sets forth this Motion for Summary Judgment, averring in support thereof as follows: I . There is no genuine issue as to any material fact in the above-referenced matter. 2. Plaintiff, Northwest Savings Bank, is entitled to summary judgment as a matter of law. ~. This Motion is not filed for the purposes of delay. ~. This case is neither presently on any trial list nor has it ever been listed for trial. 5. On May 12, 2005, defendant and her husband, Paul J. Engle purchased a 1999 Commodore Nova Mobile Home (the "Mobile Home"). See, Complaint ~(3 and Answer ~ 3. 6. Also, on May 12, 2005, defendant and her husband financed the purchase of the Mobile Home and executed a Note and Security Agreement in favor of Northwest Savings Bank (hereinafter `'Northwest'') in the principal sum of $55,0~~0.00. obligating the defendant and her husband to pay $557.65 per month on or before the eleventh (11th) day of each month, with interest on the unpaid principal balance from the date of said Note.. until paid, a1 the rate of 8.99°% per annum (the "Contract"). See, Complaint, '~ 4 and Answer, ~ 4, and h;xhibit "B" attached to Complaint. 7. The Contract granted Northwest a security interest in the Mobile Home as collateral for the loan, which security interest was perfected by placement of Northwest's name as lienhokler on the Certificate of Title for the Mobile Horne. See, Complaint, ~j ~ and Exhibit "A" attached hereto. 8. Defendant's husband., Paul J. Engle, died on October 31, 2008, thereby vesting sole ownership of the Mobile Home by operation of law in defendant. See, Complaint, ¶ 6 and Answer ~6. 9. Defendant defaulted under the Contract by failing to make monthly payments due for .iuly through December of 2009 a.nd January and February of 2010. See, Complaint ~ 9. 10. As of February 11, 2010, defendant w;~s past due ari her payments under the Contract to Northwest in the amount of $5,018.90. See, Complaint, ¶ 10. ll. Aecor~dingly, on February 11, 2010, pursuant to its rights under the Contract, Northwesr: exercised its right to repossess the Mobile Home. See, Complaint,' 1 I and Exhibit "B" attached to the Complaint. l 2. Pursuant to the terms ~:~f the Contract, Northwest sold the Mobile Horne through a private sale on or about June 6, 2012, for a sales price of $21,207.55. See, Complaint,'; 12. 13. As of Tune 6, 2012, the amount due and owing Northwest under the Contract (i. e., the payoffl was $54,679.65. See, Complaint, ¶ 13. 14. Pursuant to the terms of the Contract, the proceeds of $21,207.55 fi~o~il the sale of the Mobile Home by Northwest were used to pay costs and expenses incurred by TJorthwest in repossessing, storing, repairing, preparing to sell and selling the Mobile Home and the balance was then applied to the amount owed by defendant wider the Contract. See, Complaint. ~ 14 and Exhibit "B°' to Complaint. 15. The bal;~nce due and owing under the Contract to Northwest by defendant, after application of proceeds from the sale of the Mobile Home, is $33,472.10. See, Complaint, ~~ 15. 16. Demand has been made by Northwest upon defendant for payment of the amount due and owing and defendant has failed to pay the balance due and owing Northwest in the amount of $33,472.10. See, Complaint, ~ 16 and Exhibit "C" attached to the Complaint. Accordingly, Northwest filed the Complaint in this action. 17. Defendant filed an Answer to Northwest's Complaint admitting paragraphs 1, 2, 3, 4, G (partially). 7 and 8. ] ~~. However, in response to paragraphs 13, 14, and ] 5 of the ~='omplaint, the defendant states that defendant is without information sufficient to form a belief as to the truth of the averments and therefore demands proof thereof at time of trial. See, defendant's .~~nswer, ¶¶ ]3-]>. 19. General denials by the defendant that she is without sufficient information to form a belief as to the truth of the averments as to the amounts due and owing must be considered an admission of those facts. First Wisconsin Trust Compan~v. Strausser, 653 A.2d 68K. 692 (Pa. Super. ]99~); and New York Guardian Mortg_ag_e Corporation v. Dietzel, 362 Pae Super. 426, 429. X24 A~2d 951, 9:>2 (]987). 20. Although First Wisconsin Trust Compai~ and New. York Guardian ,Mort a e Corporation, .S~upr-cr, pertain to mortgage foreclosure actions, the legal principles enunciated in those cases apply here. The defendant in this case signed a Note and a Security Agreement (the ``Contract") pledging the Mobile Home as collateral for the loan, much like a mortgage loan pledges real estate as collateral for a Loan. 21. The defendant defaulted under the Contract and, consequently. Northwest exercised U.ts rights under the Contract to repossess the collateral and sell the same. Because a deficiency remained under the Contract, Northwest instituted the within Complaint. ~'2. The defendant has not come forward with any alleged facts or e~~idence that would dispute the amounts due and owing to Northwest. 23. To date, the defenda}_it has not cured the delinquency. 24. Attached hereto, incorporated herein by reference and marked as k~xhibit "B" is the Affidavit of Diana Flickner, AVP Loss Mitigation of Northwest Savings ~3ank, setting forth the amount due and owing under the Contract. 25. Because no issue of material fact exists and Northwest's Motion for Summary Judgment: is properly before this Honorable Court, it should be granted. V~/1~EREFOR.E, Northwest Savings Bank respectfully requests this Honorable Court enter summary judgment in its favor and ~~gainst defendant in the amount of $33,472.10, plus costs of suit. Respectfully submitted, MARSH SPAEDF,~ BAUR SPAEDER & SCHAAF, -.~.~ i' .::~ By ~' ---~- --------- K~t L. Sundbg A torneys for laintiff 300 State Street, Suite 300 Erie, Pennsylva~ua 16507 (814) 456-5301 . r _.. ~, ___ ___~ ~ ~ , ~a ~ER`T'IFiGATE C}~` T4~`l...E FC~R t~ ~tl E(-~!CL_~~ ~ '~1 `~-~ ':~' x',01? `~.' ;. c~ r ~~~ F ~~ .... ~ ~: ~1aQ6ElOCli?8C]02287~Ot31 ~,; ~,.~~ . ~~~ CX35063AB '; 1,999 COClnODORE ~ 540698869131 EN eR~im -::. ,i ,;,.,,.,, ..r:7 :".A k :. .~ ii~5 ".~ -~, as ~r'%'~ Ma nH ~ ~ 3fn~~l~n ExEn~r ~ y ~' ,, n -- - .. .. r , 4 ' '12f14/~~~ ~/~~I1Q ~ l -~ ~ , ~ - - I - _.~ ,~•t ~ -' _, - - ~~ ; ~ ,~ 33{{ c. . ,. .,, t ~ y ~ '`^ :1 .:i V OD411ETER -ISCLOSLIRE EXE4'~PT=•~1~t:~ FEDERAL LAW ~._-- -- ~ " f~FL,,,ic~~='~ ,h --,5 ~ . 1 ~r"` PAUL G 8 LINDA S ENGLE' Ij u` 5017, WINDW HILL R~D "`> ~, 'I ,: LOT 151 .._ ~,''~. SMERMANS IJALE PA 1'7090 ~ ~~ ,, _. - `fit,. ~, . NORTHWEST SAVINGS; BANK HJ °)' '~• a- ~ti , , ' ,`_ _, ., I.S ,. , . d _ ~~~i ~=, _ ~ .~; ___---- __ _- -- _ __ ~ j ! ~` ~ ; _ _._-_ ~ J tdk i~7.ti .1~)[. f ;~ S. NORTHWEST savlN~S BANK 1Cl^ L. .tBER7'Y sT ~"' w ; a - WARREN PA 1b31~5 ~; ~ - ~enrlsylvama ~~s 1 ~~ - , ~ ) ;~ ~ ,.., a - ~ r~ 1= 'ik: i r ` ~~ , ~_., ,: .; ~:, f ,.... ALLEN D BIEHLER ~' ...tom _ .:~ ~, - - urearr .d f r12 (N7t4yliap -~ '.~.~ c C~i[ ! t .~ ) ,- ,ter '.Ct ~ ,.y _ ,. ,. - r .n ~~„_,a ~ ..ri ?.. a ~ ~.vanl .he pie to ~. I '.K -+eath e~ ana o ;. _ - _._ _.~._. .. ~ i .. .,qr ;s ii est of ~. S ~ -~- ~ ~ ~, ~ _ ;i r~; _ r ,1~ _.. -- _. __ ~ j ., n _. - --.~ ._ ._. ..--_._ .'i~~ __ _.... --- - ±I `_ ~, ,~ _ _ - ._, _.._ ~ i' _ ___._. ~ _ _ ___ _ ~ j ~ ~~ ~ - - __ _ "" ' - s~ _. _ _ _ , ~.' ~- ~~~ ;~~~.~t. t~x~.~-~;,a'~`'' - ~ EXHIBIT ~, ~.,, .:,. :.:.... i ;w,; ,. .~ ... , . . , 7 _ :, ~_ A - - „ 7 IN TH1=? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff v LIND11 S. ENULE, Defendant CIVIL ACTION -LAW NO. 2012-04707 AFFIDAVIT ~, Diana Flickner, being duly sworn according to law, do hereby depose and state: 1. I am the AVP of Loss Mitigation for Northwest Savings Bank ('`Northwest") ?. I am in charge of the collection of delinquent accounts. =i. I am .familiar with all matters set forth in this Affidavit. 4!. The defendant, Linda. S. Engle, was required to make payments of principal and interest of $557.65 per month under her Note and Security Agreement executed and delivered to Northwest Savings Bank on May 12, 2005, in the original amount of $55,000.00. T'he collateral given to secure the Note and Security Agreement was a 1.999 Commodore Nova mobile home (the "Mobile Home";1. 5. The last monthly payment that was made by the defendant was applied to the payment due for Junc: 2009. 6. Defendant's monthly payments were due on the 1 lt~' day of each month. 7. As of :February 11, 2010, defendant was past due on her payments under the Note and Security Agreement to Northwest in the amount of $5,018.90. 8. On February 11, 2010, pursuant to rights under the Note and Security .Agreement, Northwest caused the Mobile Home to be repossessed. EXHIBIT 9. Northwest sold the Mobile Home through a private sale on or about .tune 6, 2012, for a sales price of $21,207.55. 10. As of June 6, 2012. the amount due and owing Northwest under the Note and Security Agreement (i. e., the payo$~ was $54,679.65. 11. Pursuant to the terms of the Note and Security Agreement, the proceeds of $21,20 ;~. 5 ~ from the sale of the Mobile Home by Northwest were used to pay costs and expenses incurred by Northwest in repossessing, storing, repairing, preparing to sell, and. selling the Mobile Home, and the balance was then applied to the amount owed by the defendant under the Note and Security Agreement. a2. The balance due and owing under the Note and Security Agreement to Northwest by defendant, after application of the proceeds from the sale of the Mobile Home is $33,472.10 calculated as follows: The unpaid total of payments at time of sale $48,849.09 Accrued delinquency charges ~ ,7,3,28 F;xpenses of repossessing, storing, preparing to sell and selling Mobile Home 3,067.28 Less: Proceeds of sale -21i~07.55~ Balance $33.472.10 iana Flickner, AVP oss Mitigation Northwest Savings Bank Sworn to and subscribed before me this ,~''i<~'~' day of October, 2012. _____--_-J..L-- ( .. _rR Notary Public NOTARIAL SEAL LESLIE 8 SMITH-HUl.tN6S Notary Public WARREN CITY. WARREN COUNTY My Commission Expires Jun 21, 2015 IN TH)=? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK, Plaintiff CIVIL ACTION -LAW v. NO. 2012-04707 LINDA S. 13NGLE, Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of~the within Motion for Summary Judgment was mailed by first class mail, postage prepaid, this~'~ay of October, 2012, to all counsel of record and unrepresented parties in the above-captioned matter as follows. Lee E. Osterling, Esquire 503 Bridge Street, Suite 212 New Cumberland, PA 17070 MARSH SPAEDER BAUR SPAEDER & SCHAAF, ~.~P By --~ ' ~ ----- I~[(irt L. S dberg Attorney f Plaintiff 300 5tat treet, Suite 300 Erie, Pennsylvania 1651)7 (814) 456-5301 IN THE COUR"T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOR`hH`~V1~S"1 SAVINGS BANK, Plaintiff CIVIL ACTION - LA~u ~. LINDA S. 1~NUI,E, NO. 2012-0707 ORDER ,4»D NDW, this _ _day of _, 2012, upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof it is hereby iJRDERED that judgment is entered in favor of the Plaintiff and against the Defendant, Linda ~;. [angle, in the amount of X33,472.1 C-, plus costs of suit. Defendant BY THE COURT: I' 11~ {~ ~~'t' I PRAECIPE FOR LISTING CAS CfR ARGUMENT (Must be typewritten and subkmit:ted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUN~r{: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Northwest Savings Bank vs. Linda S. Engle ;'led- o~~ice o~ ~e p~~°~`I ~ p', SU ~"~_phh~'y ~~'~'" ~ a No. 04707-2012, Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a} for plaintiffs: Dean Reynosa, Esquire (Name and Address) 26 West High Street, Carlisle, PA 17013 (b) for defendants: Lee E. Oesterling, Esquire (Name and Address) 503 Bridge Street, Suite 212, New Cumberland, PA 17070 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: re Kurt L. Sundberg, Esq. Print your name Northwest Savings Bank/Plaintiff Attorney for Date: November 7, 2012 INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. ~~ 1~ ~~ I ~~~~ C~~'~ ~~ a ~ ~~ a i