HomeMy WebLinkAbout02-1459 LAW OFFICES
PIOSA HIXSON & REILLY P.C.
ONE WINDSOR PLAZA, SUITE I0!
7535 WINDSOR DRIVE
ALLENTOWN, PA 18195-1014
(610) 530-7500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Plaintiff
VS.
NIGEL L. RHOADS and
DANIELLE M. RHOADS,
Defendant
No. t2~9, --
REPLEVIN ACTION
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION
WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE
SERVED, 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 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
PIOSA, HIXSON & REILLY, P.C.
Thomas E. Reilly, Jr., Esquire
Attorney for Plaintiff
Attorney I. D. No. 41668
LAW OFFICES
PIOSA HIXSON & REILLY P.C.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Plaintiff
VS.
NIGEL L. RHOADS and
DANIELLE M. RHOADS,
Defendants
No.O . -/q,f?
COMPLAINT IN REPLEVIN
And now, comes the Plaintiff, National Penn Bank, by and through its attorneys,
Thomas E. Reilly, Jr., and Thomas A. Capehart, Esquire, and in support of the within causes of
action avers as follows:
1. Plaintiff, National Penn Bank ("Bank") is a Pennsylvania banking corporation
with an office located at Philadelphia and Reading Avenues, Boyertown, Pennsylvania, 19512.
2. Defendants, Nigel L. Rhoads and Danielle M. Rhoads, are adult individuals
residing at 23 Betty Nelson Court - Lot 139, Carlisle, Cumberland County, Pennsylvania
17013.
COUNT I - REPLEVIN
3. Defendants are the owners of a 1989 DeRose Mobile Home, Vehicle
Identification Number D1236213 which is located at 23 Betty Nelson Court - Lot 139, Carlisle,
Cumberland County, Pennsylvania 17013.
4. The approximate value of the mobile home is Twelve Thousand Six Hundred
Twenty-three Dollars ($12,623.00).
P~OSA HIX$ON & REILLY P.C.
(610) 530-7500
5. On February 19, 1999, Defendants purchased the mobile home pursuant to a
Mobile Home Installment Sales Contract without Real Estate (the "Contract"). A true and
correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein by
reference.
6. The Contract was assigned to the Bank at the time of sale and, as such, the Bank
is a secured creditor under the terms of the Contract, which fact is further evidenced by the
certificate of title to the mobile home, specifically identifying the Bank as a secured lien holder.
A true and correct copy of such title is attached hereto as Exhibit "B" and incorporated herein
by reference.
7. Defendants executed and delivered the Contract to the Bank, or authorized,
acquiesced and consented to the assignment of the Contract to the Bank, as collateral security
for the payment of Defendants obligations to make payments toward the Contract under which
Defendant agreed to pay the Bank One Hundred Eighty (180) monthly installments of One
Hundred Ninety-five Dollars and Fifteen Cents ($195.15) beginning April 3, 1999.
8. Defendants have defaulted under the terms of the Contract by failing to pay the
Bank monthly installments since December 3,2001.
9. Given Defendants' default under the Contract, on or about February 13, 2002,
the Bank sent a Notice of Intention to Commence Legal Action and Repossess Mobile Home to
the Defendants by certified mail informing the Defendant of the default and the Defendants'
rights and obligations to the Bank. A true and correct copy of such notice is attached hereto as
Exhibit "C" and incorporated herein by reference.
PIOSA HIXSON & REILLY P.C.
(610) 530-7500
10. A copy of the Verification Notice pursuant to the Fair Debt Collection Practices
Act, 15 U.S.C. Section 1692, is attached hereto, marked as Exhibit "D", and incorporated
herein.
11. Defendants have failed, refused and neglected to cure the above-referenced
default, despite receipt of the Bank's Notice of Intention to Commence Legal Action and
Repossess Mobile Home.
12. In accordance with the terms and conditions of the Contract, upon Defendants'
default thereunder, the Bank has accelerated the indebtedness of the Defendants to the Bank.
13. Pursuant to the Contract, Defendant agreed to pay all amounts which became
due under the terms of the Contract, the costs of suit, and reasonable attorney's fees, as well as
costs of repossessing, storing, repairing, preparing for sale and selling the vehicle.
14. Based on Defendants' default as above described, Defendants are liable to the
Bank as follows:
Principal Amount Due
Interest to 3/12/02
Late Fees Due
TOTAL
$14,317.76
365.37
11.52
$14.694.65
WHEREFORE, Plaintiff, National Penn Bank, respectfully requests that judgment be
entered in its favor and against Defendants, Nigel L. Rhoads and Danielle M. Rhoads, in
replevin for possession and delivery of the Mobile Home; plus interest, reasonable attorney's
fees, costs, and costs of collection and any and all other relief which the Court deems just and
appropriate.
PIOSA HIXSON & REILLY P.C.
(610) 530-7500
COUNT II - BREACH OF CONTRACT
15. Plaintiff incorporates by reference Paragraphs No. 1 through No. 14 as though
the same were fully set forth herein.
16. Defendants are in default under the terms of the Contract due to the Defendants'
failure to make monthly installment payments since December 3, 2001.
WHEREFORE, Plaintiff, National Penn Bank, demands judgment in its favor and
against the Defendants, Nigel L. Rhoads and Danielle M. Rhoads, in the mount of $14,694.65
plus per diem interest of $5.10 from March 12, 2002, until the debt is satisfied, reasonable
attorneys fees, costs and costs of collection as set forth in the Contract.
PIOSA, HIXSON & REILLY, P.C.
Th;mas 1~. Reilly, Jr.,"E'squire [
Attorney for National Penn Banl[
Attorney I.D. No. 41668
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
Attorney for National Penn Bank
Attorney I.D. No. 57440
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
VERIFICATION
I, JOSEPH P. ANDREWS, state that I am a Vice President of National Penn
Bank, Plaintiff in the within action, and as such, I am authorized to make this
Verification on behalf of the said National Penn Bank, and verify that the statements
made in the foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904
relating to unsworn falsification to authorities.~~. ~(~/
Jonah P. Andrews~
Dated: ~cCh ~ .~(~,~
MOBIL'E HOME
INSTALLMENT SALE CONTRACT
(WITHOUT REAL ESTATE)
I. PARTIES: In lhis Contract we are U~e Serler: ROY~., NOHE SALES~ INC.
671/40RCIIARD ST, I[ARRISBURC, PA 17109
Address
Dated: FEBRUARY 19~
1999
You are the Buyer(s): NIGEL L. PJIOAD$ AND DANIELLE I'l. RHOADS
Name
32 BETTY NELSONS ~fllpt BETTY NELSONS NOBILE tlONE PARK~ CARLISLE~ PA 170|3
Address (Where Mobile Home is Io be placed)
2. JOINT AND SEVERAL OBLIGATION: If Ihere are more Ihan one Buyer and/or one or more Co-S griefs, each of you sbaU be liat'lle.
separately and Iogelher. Io pay all sums you owe and to pelform all your promises in Ibis Contracl.
3. CO-SIGNER: Any person signh~g Ihe Co-Signer's Agreemenl beow p onlises, separately and togelher, wiUi Buyer and NIl olher
Co-Signer(s), to pay all sums owing to us and to perform all agreemenls in this Contract as and when they come due
4. CO-OWNER: Any person with an ownership inlerest in the Mobile Home signing ~he Co-Owner's Security Agreenlenl be{ow gives
a ~ien and securily interest in lhe Mobile Bome and agrees to perform a~l promises in the Security Agreement.
5. ITEMIZATION OF AMOUNT FINANCED:
(1) Cash Price Including Sales/Luxury Tax $ 16 ~, 800. O0
(2) a. Cash Downpayrnent $ _. ! ~, 708.50
b. Net Trade-in + $ O.00
c, Total Downpaymenl (2a +- 2bi $ J ~, 708.50
(3) Unpaid Cash PrlceBalance (!-2.c) = $ ]5~0~!.50
(4) To Credil Insurance Company + $_ 0.00
(5) To Properly (nsurance Company + $ 247.00
(6) a. License. Tags and Registration $ 22,50
b. Lien Fee
+ $ 5.00
c. ~'otallo Public Officials (6a ~-6bi + $ 27.50
(7) To + $ 0o00
(8) To
+ $ 0.00
(9) Amount Financed ((3) ~- (4) + (5) + (6)c + (7) + (8)) = $ 15.366.00
*We may retain a podion of Ibis amount.
6. DISCLOSURES REQUIRED BY FEDERAL LAW.
rANNUAL PERCENTAGE RATE
The cosl of your credit as a yearly rate,
12.989 %
FINANCE CHARGE
Hie dollar an~ount file credit will cosl you.
-- 19,761.00
~mounl Financed
Fha amount of credR prey(dad to you or on )/our behalf. $
~rnenls 15,366.00
Tile amount you will have paid after you have made all scheduled payments.
35,127.00
Tolal Sate Price
Tile total cost of your purchase on credit including your downpayment of $ J ~ 708.50 $
' 36,835.50
Your Paymenl Schedule will be:
t'4umber of Paymenls Amount of Paymenls When Payments Ate Due
180 $
Monthly, beginning
195.15 APRIL 3, 1999
$
Securily: You ate giving a securily inieresl in the property be)ng purchased.
Prepaymenl: It you pay off early, you will not have Io pay a penalty.
Filing Fees: $ 27.50
7. TERMS: The terms shown in the boxes above are part of this Contract,
B THE MOBILE HOME: Under le terms of Itlis Con rac~ au agree 1o purcl asa from us Ihe following mobile home, its
fu ~iRite, equipmen and fixlures (a ~ o which is ca ed Ihe 'Mo~ e Home" in Ibis Contract):
N/U Year/Manutaclurer LengU3/Width Color/Model Seria~ Number
U 1989,/_DE ROSE 76 16.
Equipped wilb: -- / __ t~ D123§213
EXHIBIT
g, TRADE-IN: You b']ve Iraded in Ihs following mobile home:
$
Year/Make Series Gioss Allowance
Still Owing
Nel Trade-In
We will pay what is Slill Owing on your behall. You warrant thai no giber liens or securily In~erests exist In Ihs mobile I'lome you are
trading.in,
tO. PROPERTY INSURANCE IS REQUIRED: You are required lo obtain and maintain in effect physical damage, comprehensive
lire and Iheft insurarlce on lbs Mobile florae as provided in Ilem 22 on Ihs next page. You ,'nay obtain such {l'isurance Ibrotlgh
person of your choice. If you obtain properly insurance glrough the Seller, Ihs total premium costs for the Insulance for tbs Terms
indicated below is included in Ihs Amounl Financed gl this Contract as paid To Property Insurance Company.
-- Mobile Home $ Term months; Fi~'e and Theft $ Term months;
Physical Damage Insurance
__ Comprehensive on $ Term months; $ Term months;
Mobile t Iorne
f f. CREDIT INgURANCE IS NOT REQUIRED: Optional Credit Lile Insurance is available Ihrorlgh Ibc Seller for Ibc lerm indicnled
cosl, which is included in the Amount Fillanced gl lifts Conlracl. Please read Ihs NOTICE OF PROPOSED CREDIT INSURANCE below
Term of C~edit Insurance Coverage: N/A months. Coverage will terminate prior Io Ihs scheduled malurity date of Ibis Conhact
which cosls $ N/A
N/A ~/A
Signalure of Suyer or Co-Sigher to'be
insured for Single Credil Life Insurance
Dy signing, yon desire Joinl What is
Credit Life Insurance, your age?
which cosls $ N/A
X N/^ u/~, X
Signalures gl bolh Buyers and/or Co-Signers to be insured lo[ Joint Ctedil Life Insurance
Insurer: N/A
What is
your age?
NOTICE OF PROPOSED CREDIT INSURANCE
7lie si{inet(s) of Ibis Contract hereby take(s) notice g)al Group Credit Lite Insurance coverage will be applicable ID Ibis Contract if so
mad<e above, and Ihs coverage will be wdlten by Ihs insulance company named. Ybis insurance, subject Io acceplance by tho
insurance co~ i)a~y, cove~s only Ibe person or persons signing lira [equesl for such insurance. The amounl of charge is inrJicaled
expire al the end of the lelm indicaled above, Subject to acceptance by Ihs insurer and within 30 days Ihere will be delivered Io lira
insured debtor(s) a cerlilicale of insurance more fully describing Ihs insurance. In lbs evenl of prepayment gl Ihs inde ]redness a
relund of ir~surance chalges will be made when due. ,
12. ASSIGNMENT OF CONTRACT; You may not assign this Conlracl. The Seller may assign Ibis Conlracl and Ills person to whom
Seller assigns il may reassign il. Any person to whom we assign Ibis Contracl or to whom il is reassigned is called the 'Assigl~ee.' Ails[
any nssignmenl, all dghls and benelils of tile Se er in this Contract shall belong lo and may be enforced by Ihs Assignee. Al the lime of
signing Ibis Conlract, the Assignee is intended lo be Nalional Penn Bank Pbiladelphia & Reading Avenues Boyedown, PA 19512
13 PROMISE TO PAY: You promise Io pay us Ihs Total Sale Pdce for Ihs Mobile Home by maMng Ihs Tolal Downpaymenl and payi.(j
Ihan Ihs Mobile ttoma and ils ploceeds as security for repaymenl ot fi)is Contract ttowever, on Delaull, the Assignee, may exercise ils
legal dghl gl set oil and apply any gl your mor'~ey now or later on deposit will[ the Assignee against Ihs amounts due and unpaid ur[der
pay ~ny ~nd ~lJ taxes end charges on Ibe Mobile Home and promplJy provide proo[ o~ p~yrnenl iJ we ~equlre. You will p~y ~lJ cost~ of
b. You do ~1o/keep any promise you made in Ii is Conlracl'
You do somelhing thai causes the Mobile Home Io l)e subject lo confiscation by goverrlmen aL Iborilies;
The Mobile I Iome is lost, sloven, deslroyed or damaged beyond economical repair, a~ detemJined by your insurance co ~1 any,
Anolher c~editor Iries ~o take Ibe Mobire Home by legal process.
26. OUR RIGIITS IF YOU ARE Itl DEFAULT: 1~ you are In De[aull, we may eh[orca our righls accord ng Io law, after we have give~} you
any ~pplicable nolice and/or righl Io cure thai may Iben be required by la~. We will advise you how and within what period of lime you
REPOSSESSION: We can repossess the Mobile Home, unless prohibiled by law. We can do II,is ourselves, have ~ licensed
NOTICE - ANY HOLDER OF tills CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS ArID DEFENSES WIIIClt TILE.
. DER[OR COULD ASSERT AGAINST THE SELLER OF GOO[~S OR SERVICES OBTAINED PURSUANT hEREI'O OR WITH ]'lie
PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY TIlE DEBTOR
IIEREUNDER.
~y $igl'~ing below, we eglee to selt gte Mobile Home
NOTICE TO BUYER - DO NOT SIGN TI'IlS
CONTRACT IN BLANK. YOU ARE ENTITLED
TO AN EXACT COPY OF THE CONTRACT YOU
SIGN. KEEP IT TO PROTECT YOUR LEGAL
RIGHTS.
SELLER ROYAL ~OPIE SALES, INC.~.~ BUYER NICEL L. RIIOADS AND DANIELLE H. RBOADS
_ (SEAU (s E AL)
"~/'~'~"5";~ _l/x.~ Date '~ ~-~~ (SEAL) :2- - / ~ P~.~ (Dale)
CO-SIGNER'S AGREEMENT: YOU SHOULD READ THE NOTICE TO COSIGNER. WIIICll IIAS BEEN GIVEN TO YOU ON A
SEPABA[E DOCUMENT BEFORE S Gi"~ . G TIllS AGREEMENT You e person o~' persons signing as 'Co S gner' below )~olrlise
o pay 1o us all sums owe([ on Ibis Co t act and lo periDom a agreemenls Jn his Con racl as ar d when they come due. You h]lend Io
legRfly bound I)y BI, tim e ms o~ Ibis Con(fac sepa~a ey and o~e er w eacl o her and ~e Buyer. You are making this I o~ise
induce us lo ente~ in~o th s Con ac w e B~yer even ~oug ~e proceeds will oBI be used
g y 0 bavemad~anypr~rdemand~r~aymen~beBuyer~rexercised~ursecuri~yin~eres~inH~eM~bi~m~ y
Co-Signer's SJgnalu~s (SEAL)
Address Date
Co-Signer's Signalu~e (SEAL)
Address Dale
CO-OWNER'S SECURITy AGREEMENT: You e pe son si~n ng as "Co Owne below. Iogelber wilh Ihe Buyer or o ~e~ise )eing all
oflheOwnersoflheMoble one.~ve[salenandsecJ vmleres n ~eMo)e Dine
o[ Ibis Contracl oflmr a ~ Ibe Promm~ T~ ~.. ~-- . ~ .-- ~ YOU Inland to be [ec all tound b the tm
Buyer and Io secure the ......... ,;~.~ a~ g~v,ng us.,~? ~ecurily hie esl to induce us Io enler i~to ~his Contr~c w'
, ......thai might sill, be o;~ o~3lll;;'~;;;; 'i~';i;e~: ~,~u~[~, all sums o~,n~.~.n this Conlracl. You wi[[ nol be ,esponsJbJe ,~'rl ~
........... , w~ ~possess aha sell Ine Mobile Home. -
Co-Owne~'s Signalure (SEAL)
Address Dale
BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF).THIS CONTRACT AT THE
TI~OF SIGNING .
N[CE~'j RI~OAD~ BUYER DANIELLE H.' RHOADS
THE ASSIGNMENT BELOW IS NOT PART OF THE MOBILE HOME INSTALLME~ SALE 'CONTRACT B~EEN THE BUYER AND
SELLER.
ASSIGNMENT
To induce you. Naflona~ Penn Bank. Ihe "Assignee" identified in {lei {2 o{ Ihis Conlracl. Io purchase Ihe wilhin Conl~acL Ihe ~efler hereby
Inwsnnd~egulafions. in~luding bulno n e( io.A ce2of {ePennsy{vanaU omCom eca Code(I3PACSA ~2{0l. et s'eq) ou~li
Home {herein desc bed. and all panies Ihe~elo are of ~{I age and had capacity Io conl~act; the description o{ {be Mobile Home and e~lfa equipmenl
' g e Conlrac se o h t e~mn; we a~e du y censed under he Pennsylvania Mo{o~ Vehicle Sa~es Finance Acl (69 PS.
~. ~.} ) Rod have duJy compl}ed wJlh all reqiliremenis Ihereot wilh respecl {o ibc I~ans~cfion and with Ihe Federal T~uth In Lending Act and wilh m
olhe~ lode(al o~ slale law. rule or [egulation applicable Io this Conlracl; a ceHilica~e ol lille Io the Mobile {{Die showing a lien of encumbrance I~
o{ Ihe AsS}ghee has been o~ will be a~p[ied Io~ p DeplOy; and Sel~e~ has no know{edge ol lacls }repairing Ibc validity or value ol lime Conb~cl If a~
such waste]lies or representations should be breached a any {}me Se~let sha}~ leputchase said Conl~acl {rom Assignee. on demand, and will pny
any olhe~ doHI or r~ e y tbal Assignee might have at law or in equily against Se{let. {n Iha evenl Iha{ Buyer or Co-S}gne~ lails o~ refuses Io make
pnymm~t due on Ihe Conhacl on Ihe assertion, eitbe~ mai or w lien that Ihe Mobile Hume is defective, nol as rep~esenled Io Ihe Buyer by Se let o~
claim ut B~ye~ of Co. Signer. Seller wifl repurchase Ihe Coni[act hum Assignee and pay AssJgn;e (hermiOne immedia{eiy in accmdance with
~el)~cbase Icm~s eel {m be ow and Seffe~ {ul flier agrees to hold Assignee ha~mlesfl ~om any ofl~e~ claims o{ Buyer. including altorney's ~ees. c~sls
a~ld e~penses incuued in delending against clsims asseded by Buyez a~d [ncluding claims tot telund of paymenls made by Buye~ Io Se~le~ o~
Assignee By deilveHng lifts Conbaci {o ~ssiunee and accepting payme I fo~ it. Seller aulhmizes Assignee Io sign Seller's name lo {h}s Assignmenh
wifltou{ ~ecou~se. if the Assignme~l has been delivered wilhoul Seller's s{gnalu~e.
In Ihe evmd {ba~ SeiJm is tequked by this Assignmenl to ~epuxchase Ihe Conl~act and/or Mobile Home. Sel~er shall pay o Ass gnee h~ cnsh.
~be luff unpaid balance ol the Cont[acl as ol Ihe date of ~epu c ese. plus any then earned Finance Charge and any and all costs and expenses pnld n~
Incurred by Assignee In ~especl Ihereto. {nc{uding reasonab}e allmney's ~ees. In connection wiih cialmm by or against any Buyer. Co-Signe~ or
Co.Owne[ or any pe~sotl in possession ol Ihe Mobile Home and/o~ by or againsl Seller.
and to become due lbeleunder, and all ~{ghl. title and }nteresl {n and Io Ihe Mobile Home the~eln d~s~ibed, wJlh hJl{ powe~ }ti Ass{ghee {n }ls o~
Ill,ed "W~H~ FULL RECOURSE' o~ "W~rH REPURCHASE." Se}leCs ess}gnmenl shall, excepl for Ihe provisions of the paragraph lifted "Ass{gnmenL' be
W{ I{ }OUr RECOURSE
WI[RFULLRECOURSE.Se{Ie agees hal naddJtion olhepafegraphabovel ed Assgnment {n the evenl of defau~ by fbe ~uye[ {n
WITH REPURCIIASE - Seffer agrees (hal in addition iD fire pmv{s~ons of Uae paragraph above til~ed ~Assignmenl.. in ibe evenl ol any delaull
Date -
C_ER.~ _F_!CATE OF TITLE FOR A VEHICL_~
937
002090050003670-001
D123021]
VEHICLE IOENTIF~CATiON NUMBER
BOOY TYPE DU SEAT CAi=
10/02/A9 8/25/00
DATE PA TITLED DATE OF ISSUE
1989 OEROSE
YEAR MAKE OF VEHICLE
I 8/25/00
i=R~OR TITLE STATE ODOM. PROCD. DATE
I 22,4oot
UNLADEN WEIGHT 3VWR
OOOMETER DISCLOSURE E,XEM~Y, FEOERAL.~. LAW
RHOAOS
]2 BETTY NELSON COURT '
LOT 139
CARLISLE PA 17013
NATIONAL PENN BANK
I 42304990303 RH
TITLE NUMBER
EXEMPT 4
ODOM. M~LEE ODOM STATUS
FIRST LIEN RELEASED.
DATE
BY
AUTHORIZED REPRESENTATIVE
MAIUNG ADDRESS
NATIDNA'L PENN BANK
PHILA g R. EAD[NG AVE
BOYERTONN PA 19512
SECOND LIEN RELEASED
BY
DATE
AUTHORIZED REPRESENTATIVE
SUBSCRIBED AND SWORN
TO BEFORE ME:
BRADLEY l MALLORY
2ND LIENHOLDER
EXHIBIT
NATIONAL
PENN BANK
Part of the National Penn family
Member FDIC · Equal Opportunity Lender
Also part of the National Penn family:
Bvemon National Bank
1st Main Line Bank
Chestnut Hill National Bank
Panasia Bank N.~
Investors Trust Company
Unk Financial Servk:es, Inc.
Penn 1st Financial Se~ices, Inc.
CERTIFIED MAIL
TO:
Nigel L. Rhodes
23 Betty Nelson Court- Lot 139
Carlisle, PA 17013
Acct. #362363975359
Notice Date: December 31. 2001
NOTICE OF INTENTION TO COMMENCE LEGAL ACTION
AND REPOSSESS MOBILE HOME
You are currently indebted to National Penn Bank (the "Bank") pursuant to an
Installment Sale Agreement dated February 19, 1999 between the Bamk and you with regard
to your 1989 DeRose mobile home, Vehicle Identification Number D1236213. The
Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due
since December 3, 2001 have not been paid. The total amount now required to cure this
default, or in other words get caught up in your pa3nnents, as of the date of this letter, is
$189.80.
You may cure this default within THIRTY (30) DAYS of the date of this letter
by paying to the Bank the above amount of $189.80, plus any additional payments
which may fall due during this period, including all other events of default that may
exist. Such payment must be made either by cash, cashier's check, certified check or
money order and made to:
National Penn Bank
P. O. Box 547
Boyertown, PA 19512-0547
Attn: Kay Oswald
(610) 369-6585
If you do not cure the default within THIRTY (30) DAYS, the Bank intends to
exercise its right to accelerate the Installment Sale Agreement and will instruct its
Attorneys to commence a legal action to take possession of the Mobile Home.
At the end of the thirty (30) day period, if you wish to cure the default, you ~vill also
be required to pay reasonable fees actually incurred by the Bank prior to commencing a
legal action to take possession of the Mobile Home, including, but not limited to reasonable
attorney's lees and costs, up to an amount of Fifty. Dollars (S50.00).
Philadelphia & Reading Avenues, Rd. Box 54Z Boyer~own, PA 195
· www. natDennbanK.com · NaSdaq Symbol - NPBC
Nigel L. Rhodes
Page Two
Once the Bank commences a legal action to take possession of the Mobile Home,
you will also be required to pay any reasonable fees actually incurred by the Bank,
including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty
Dollars ($50.00).
The Bank may also sue you personally for the unpaid principal balance and all other
sums due under the Installment Sale Agreement. If you have not cured the default within
the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have
the right to cure the default at any time before the title to the Mobile Home is lawfully
transferred from you, which shall be no sooner than Forty-Five (45) days after your
receipt of this Notice. You may do so by:
(a) paying all amounts which would have been due if you had not defaulted
and the Bank had not accelerated the Installment Sale Agreement;
(b) perform any other obligation which was required of you under the
Installment Sale Agreement;
(c) paying reasonable fees actually incurred by the Bank in taking
possession of the Mobile Home, including, but not limited to reasonable attorney's fees and
costs;
(d) paying any late fees or penalties as set forth in the Installment Sale
Agreement; and
(e) paying any cost incurred by the Bank in detaching and transporting the
Mobile Home to the site of the sale.
Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling the Bank
at the telephone number of the person listed above. This payment must be in cash, cashier's
check or certified check.
You should realize that a sale or transfer of title to the Mobile Home xvill end your
oxvnership of the Mobile Home.
Nigel L. Rhodes
Page Three
You have additional rights to help protect your interest in the Mobile Home. YOU
HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY
OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE
AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default as set forth above, the Installment Sale Agreement will
be reinstated and you will then be able to make payments for the balance of the
Installment Sale Agreement as if the default never occurred.
NATIONAL PENN BANK
/
By: ~ ...... .-~d.~~ '
Kay QS/wald
Special Loans Adjuster
NATIONAL
PENN BANK
Part of the National Penn family
Member FDIC · Equal Opportunity Lender
ALRo part of the NatlonaJ Pe~n family:
Elverson National Bank
1st Main Une Bank
Chestnut Hill National Bank
Panasia Bank
Investors Trust Company
IJnk RnanciaJ SEfvicEs, Inc.
Penn 1st Rnancial Services, Inc.
CERTIFIED MAIL
TO:
Danielle M. Rhodes
23 Betty Nelson Court- Lot 139
Carlisle, PA 17013
Acct. # 362363975359
Notice Date: December 31. 2001
NOTICE OF INTENTION TO COMMENCE LEGAL ACTION
AND REPOSSESS MOBILE HOME
You are currently indebted to National Perm Bank (the "Bank") pursuant to an
Installment Sale Agreement dated February 19, 1999 between the Bank and you with regard
to your 1989 DeRose mobile home, Vehicle Identification Number D1236213. The
Installment Sale Agreement IS IN SERIOUS DEFAULT because the payments due
since December 3, 2001 have not been paid. The total amount now required to cure this
default, or in other words get caught up in your payments, as of the date of this letter, is
$189.80.
You may cure this default within THIRTY (30) DAYS of the date of this letter
by paying to the Bank the above amount of $189.80, plus any additional payments
which may fall due during this period, including all other events of default that may
exist. Such payment must be made either by cash, cashier's check, certified check or
money order and made to:
National Penn Bank
P. O. Box 547
Boyertown, PA 19512-0547
Attn: Kay Oswald
(610) 369-6585
If you do not cure the default within THIRTY (30) DAYS, the Bank intends to
exercise its right to accelerate the Installment Sale Agreement and will instruct its
Attorneys to commence a legal action to take possession of the Mobile Home.
At the end of the thirty. (30) day period, if you ;vish to cure the default, you will also
be required to pay reasonable fees actually incurred bv the Bank prior to colmnencing a
legal action to take possession of the Mobile Home, including, but not limited to reasonable
attorney's fees and costs, up to an amount of Fifty Dollars ($50.00).
Philadelphia & Reading Avenues, Rd. Box 547, Boyer[own, PA 19512 · 610-369-6128 · 1-800-822-3321 · www. natpennbank.com · Nasdaq Symbol - NPBC
Danielle M. Rhodes
Page Two
Once the Bank commences a legal action to take possession of the Mobile Home,
you will also be required to pay any reasonable fees actually incurred by the Bank,
including, but not limited to reasonable attorney's fees and costs, even if they are over Fifty
Dollars ($50.00).
The Bank may also sue you personally tbr the unpaid principal balance and all other
sums due under the Installment Sale Agreement. If you have not cured the default within
the thirty (30) day period and the Bank takes possession of the Mobile Home, you still have
the right to cure the default at any time before the title to the Mobile Home is lawfully
transferred from you, which shall be no sooner than Forty-Five (45) days after your
receipt of this Notice. You may do so by:
(a) paying all amounts which would have been due if you had not defaulted
and the Bank had not accelerated the Installment Sale Agreement;
(b) perform any other obligation which was required of you under the
Installment Sale Agreement;
(c) paying reasonable fees actually incurred by the Bank in taking
possession of the Mobile Home, including, but not limited to reasonable attorney's fees and
costs;
(d) paying any late fees or penalties as set forth in the Installment Sale
Agreement; and
(e) paying any cost incurred by the Bank in detaching and transporting the
Mobile Home to the site of the sale.
Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling the Bank
at the telephone number of the person listed above. This payment must be in cash, cashier's
check or certified check.
You should realize that a sale or transfer of title to the Mobile Home ~vill end your
ownership of the Mobile Home.
Nigel L. Rhodes
Page Three
You have additional rights to help protect your interest in the Mobile Home. YOU
HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY
OFF THE AMOUNT YOU OWE UNDER THE INSTALLMENT SALE
AGREEMENT, OR TO BORROW MONEY FROM ANOTHER LENDING
INSTITUTION TO PAY OFF THIS DEBT. YOU HAVE THE RIGHT TO HAVE
THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default as set forth above, the Installment Sale Agreement will
be reinstated and you will then be able to make payments for the balance of the
Installment Sale Agreement as if the default never occurred.
NATIONAL PENN BANK
By: ~¢'/-
~Kay~swald
Special Loans Adjuster
BOYD G. HIXSON
THOMAS E. REILLY, JR.
THOMAS A. CAPEHART
PIOSA HIXSON & REILLY
ONE WINDSOR PLAZA, SUITE 101
7535 WINDSOR DRIVE
ALLENTOWN, PENNSYLVANIA 18195-1014
TEL: (610) 530-7500
FAX: (610) 530-8190
TO:
Nigel L. Rhoads and Danielle M. Rhoads:
We have filed this complaint against you on behalf of our client, National Penn Bank,.
WE ARE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, 15
U.S.C. Section 1692, TO PROVIDE YOU WITH THE FOLLOWING NOTICE:
The amount of the debt owed by you is $14,694.65 as of March 12, 2002.
Royal Home Sales Inc., is the original creditor for this debt.
You have thirty (30) days from the date of this Notice to dispute the validity of this
debt. If you fail to dispute the validity of this debt within thirty (30) days, we will assume the debt is
valid and the amount of the debt is correct. If you notify us in writing that the debt or any portion
thereof is disputed by you, we will obtain verification of the debt from our client and provide such
verification to you.
Please note, that despite the thirty (30) day period described above, the Bank is not
required to wait thirty (30) days to take any actions to enforce its rights to collect the amount owed,
including, but not limited to, filing a lawsuit against you. As such, you should expect the Bank to proceed
with any such action within the time frame set forth in the accompanying complaint or documents, and
any other previous correspondence you may have received directly from the Bank.
This letter is from a debt collector. This letter and any other correspondence from
this office is an attempt to collect a debt and any information obtained will be used for that purpose.
Sincerely,
EXHIBIT "D"
SHERIFF ' S RETURN - REGULAR
CASE NO: 2002-01459 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL PENN BANK
VS
RHOADS NIGEL L ET AL
JASON VIORAL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
RHOADS NIGEL L the
DEFENDANT
at 23 BETTY NELSON COURT
CARLISLE, PA 17013
, at 0900:00 HOURS, on the 4th day of April
LOT 139
by handing to
NIGEL RHOADS
a true and attested copy of COMPLAINT - REPLEVIN
, 2002
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32. 14
Sworn and Subscribed to before
me this /gU day of
~o~ A.D.
othonotary ~
So Answers:
R. Thomas Kline
04/12/2002
PIOSA HIXSON REILLY
By:
u~¥ Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01459 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NATIONAL PENN BANK
VS
RHOADS NIGEL L ET AL
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
RHOADS DANIELLE Mthe
DEFENDANT
at 25 CORPORATION STREET #3
, at 1831:00 HOURS, on the llth day of April , 2002
NEWVILLE, PA 17241
by handing to
DANIELLE RHOADS
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 6.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
24.28
Sworn and Subscribed to before
me this /~ ~
day of
~ ~0~2~ A.D.
Prothonotary
So Answers:
R. Thomas Kline
04/12/2002
PI0SA HIXSON R ?Y
Deputy/Sheri f ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Plaintiff
vs.
NIGEL L. RHOADS and DANIELLE M. RHOADS
Defendants
No. o2-1459 CIVIL
REPLEVIN ACTION
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of ~ and against Defendants. Nigel L. Rhoads and
~l~fll~,.~ghg~ for want of failure to file a responsive pleading to Plaintiffs Replevin
X Enter judgment for possession of the following personal property: 1989 DeRose Mobile
Home, Serial Number Dm3o213; AND
X
Assess damages as follows:
Debt ...................... $~4,694.65
Interest from o3/m/o2 to
o5/15/o2 @ $5.1o/day ...... $ 326.4o
Attornefs Commission ...... $
TOTAL ................... ~, plus
interest from o5/~5/o~ and costs
X I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the
complaint and is calculable as a sum certain fi.om the complaint.
X Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was
mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any,
after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A
copy of the notice is attached.
Date:
Thoma~ E. Reilly,~uire
Attorney for Plaintiff
Attorney I.D. No. 41668
One Windsor Plaza, Suite 10
7535 Windsor Dr/ye
Allentown, PA 18195-1014
(610) 530-7500
NOW,
, 2002, JUDGMENT IS ENTERED AS ABOVE.
Protho~ota~/~rk, C~vi~"Divis~i~-'
Deputy ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANI(,
Plaintiff
VS.
NIGEL L. RHOADS and DANtELLE M. RI-lOADS
Defendants
)
)
)
)
)
)
)
No. o2-1459 CIVIL
REPLEVIN ACTION
( X ) Notice is hereby given that a Default Judgment m the above-captioned matter has been
entered:l` against you in the mount of $15,021.05 plus interest from May 15, 2002, and costs, on
]'Y/~ ,q ,,9.r~ ,2002.
( X ) A copy of all documents filed with the Prothonotary in support of the within judgment
are enclosed.
Prothonotary/Clerk, Civil Div.
If you have any questions regarding this Notice, please contact the filing party:
Thomas E. Reilly, Jr. Esquire
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-t014
(610) 530-7500
(This Notice is given in accordance with Pa.R.C.P. 236).
C~ERTIFICATION OF ADDRE~qE~q
I, THOMAS E. REILLY, JR., ESQUIRE, hereby certify that the precise address of the within-
named Plaintiff, National Penn Bank is Philadelphia & Reading Avenues, PO Box 547, Boyertown, PA
19512-0547 and the last known address of the within-named Defendants, Nigel L. Rhoads, is 23 Betty
Nelson Court, Lot 139, Carlisle, Pennsylvania 17013, and Danielle M. Rhoads is 25 Corporation Street,
#3, Newville, Pennsylvania 17241.
NON-MIl JTARY AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF LEHIGH
SS:
Before me, the undersigned authority, personally appeared Thomas E. Reitly, Jr., Esquire, who
being duly sworn according to law, doth depose and say that the Defendants, Nigel L. Rhoads and
Danielle M Rhoads, were not in the Mitita~ or Naval Service, based on the following facts as of the
date of this affidavit:
Age of Defendant: Sui Juris
Present Place of
Employment:
Unknown
Present Place of
Service:
Danielle M. Rhoads
23 Betty Nelson Court, Lot 139
Carlisle, PA 17013
25 Corporation Street, #3
Newvitle, PA 17241
Sworn to and subscribed before me this
Ib4~ day of May, 2002 A.D.
Notary Public
E. Reing, J .,-7 uire
I NOTARIAL SEAL I
Susan Morrison, Notary Public
Upper Macungie Twp., County of Lehigh I
My Commission Expires Feb. 26, 2005 I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION - LAW
NATIONAL PENN BANK,
Phintiff
NIGEL L RHOADS and DANI~.T.T.~. M, RHOADS
Defendants
No. o2-~459 CIVIL
REPLk'~IN ACTION
DATE OF NOTICE: May 2, 2002
Nigel L. Rhoads
23 Betty Nelson Court
Lot 139
Carlisle, PA 1.701.3
Danielle M. Rhoads
25 Corporation Street #3
Newville, PA x724x
IMPORTANT NOTfl'~.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE Ac'rION REQUIRED
OF YOU IN THIS CASE. UNI.E~$ YOU ACT WITHIN TEN (~o) DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE E1VrF_2~.r~ AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A' LAWYER OR CANNOT AFFORD ONE, GO TO OR
T~,I,I~.PHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL H~;Po
~ COUNT~ RAR A~8OCIATION
CARI.I~I.I/.; PA 17013
(727) S49-3166
PIOSA, I-rIX. SON & REILLY, P.C.
Thom. s. - /
Attorney for Plaintiff ,~
Attorney I. D. No. 4~668
One Wiad~or Plaza, Suite [o~
7535 W'ma or Drive
Allentown, PA ~Sx95-w~4
IN THE COURT OF COMMON PLEAs OF CUMBERLAND COUNTy, PENNSYLVANIA
C/VIL DIVISION_ LAW
NATIONAL PENN BANK,
Plaintiff )
) No. 02-1459 CIVIL
VS. )
)
)
NIGEL L. RHOADS and DANIELLE M. RHOADS )
Defendants REPLEVIN ACTION
)
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Kindly issue the Writ °f Possession in the
Mobile Home, Serial Number D1230213 above matter on the
and located 1989 DeRose
139, Carlisle, Pennsylvania 17013. at 23 Betty Nelson Court, Lot
PIOSA, HIXSON & REILLY P.C.
One Windsor Plaza, Suite 101
7535 Windsor Drive
Allentown, PA 18195-1014
(610) 530-7500
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
National Penn Bank
vs.
Nigel L. Rhoads and Danielle M.
Rhoads
23 Betty Nelson Court, Lot 139
Carlisle, PA 17013
No.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-1459 Civil
Term
Cos[s
Att'y. $ 134.92
Pl'ff(s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of C~mberland
~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:
National Penn Bank
being: (Premises as follows): __ Plaintiff (s)
1989 DeRoseMobile Hcme
Serial N~mber D1230213
23 Betty Nelson Court
Lot 139
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 his/her (or their) interest therein.
Date June 3, 2002
Curtis R. Long
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Deputy
(SEAL)
By virtue of this writ, on the 24th day of
I caused the within named National Penn Bank
have possession of the premises described ~ [x~X~l~ll~r~%~t~i~X7,~f~-
139, Carlisle, PA 17013.
July
,7002
, tO
23 Betty Nelson Court, Lot
Sheriff's Costs:
Docketing 18.00
PounOage 1.~i
Surcharge 30.00
Possession 30.00
Prothonotary 1.00
Milage 11.73
q7.%4
Sworn and subscribed to before me this
day of. (>~
~,~ _ ~. ~,~... ~
I ~ Prothonotary ~ ~
Advance Costs: 150.00
Sheriff's Costs: 92.54
Refunded to Atty on 7/24/02