HomeMy WebLinkAbout02-1804IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK NA SUCCESSOR BY
MERGER TO SIGNAL BANK NA
Plaintiff
VS,
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR., AND KARIN L. MATHNA
Defendants FILED ON BEHALF OF
Plaintiff
No. O~-. 10¢C¢¢
COMPLAINT IN REPLEVIN
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02504937
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK NA SUCCESSOR BY
MERGER TO SIGNAL BANK NA
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR., AND KARIN L. MATHNA
Defendants
Civil Action No. ~:)~
COMPLAINT IN REPLEVIN AND 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 an 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. OF 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
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
COUNT I - REPLEVIN
1. Plaintiff is a corporation having offices at P.O. Box 2060, Alliance, OH 44601.
2. Defendants, David Tovar Chavez and Erin E. Mathna, are adult individuals residing at 148
Rustic Drive, Shippensburg, Cumberland County, Pennsylvania 17257.
3. Defendant, Robert B. Mathna, Sr. and Karin L. Mathna, are adult individuals residing at
128 West Orange, Shippensburg, Cumberland County, Pennsylvania 17257.
4. Plaintiff is the holder of a Retail Installment Contract (hereinafter the "Contract") and
Security Agreement secured by a mobile home duly executed and delivered by Defendants in favor of
Country Side Village on or about March 20, 1998. A true and correct copy of the Contract and Security
Agreement is attached hereto, marked as Exhibit "1" and made a part hereof.
5. Pursuant to said Contract and Security Agreement, Defendants took possession of the
mobile home more particularly identified in the Contract as a 1997 Dutchess, Model 5003 52 x 28, Serial
Number 9444E.
6. Country Side Village subsequently assigned its right, title and interest in said Installment
Sale Contract and Security Agreement to Plaintiff.
7. Under the terms of the Contract, Defendants were to make 240 (two hundred forty)
consecutive monthly payments of $385.91 beginning April 20, 1998.
8. The total principal amount due to Plaintiff pursuant to the Contract was $35,065.00.
9. Plaintiff maintains a first lien on the aforesaid mobile home by virtue of the Certificate of
Title issued by the Commonwealth of Pennsylvania Department of Transportation, a true and correct
copy of the Certificate of Title is attached hereto, marked as Exhibit "2" and made a part hereof.
10. Defendants are in default of the terms and conditions of the Contract because Defendants
have failed to make the required monthly payments.
11. Plaintiff is entitled to immediate possession of said mobile home which Plaintiff holds a
security interest in and any proceeds of the mobile home, including insurance proceeds by virtue of
Defendants' default.
12. Defendants have made partial payment under the Contract leaving an unpaid balance in
the amount of $34,596.04 as of March 1, 2002.
13.
annum.
Plaintiff avers that the Contract provides for finance charges at the rate of 12.0% per
14.
$272.00.
Plaintiff avers that finance charges from March 1, 2002 to March 25, 2002 amount to
15. Plaintiff has performed all conditions precedent as holder of all right, title and interest in
the collateral, but Defendants wrongfully remain in possession of the mobile home at the above-stated
address.
16. By virtue of Defendants' default, Plaintiff has an immediate right to possession of the
mobile home covered by the Security Agreement the value of which is $23,373.00, plus continuing
finance charges at the aforesaid rate of 12.0% per annum.
17. Under the terms of the Contract, Defendants have undertaken to pay to Plaintiff its
reasonable attorneys' fees and costs of retaking possession of the collateral.
WHEREFORE, Plaintiff prays for Judgment against Defendants, jointly and severally, in Count I
of this Complaint In Replevin, as follows:
A. For possession of the mobile home, more particularly identified as a 1997
Dutchess, Model 5003 52 x 28, Serial Number 9444E or, in the alternative for damages of $23,373.00
the value of the mobile home plus continuing finance charges at the aforesaid rate of 12.0% per annum,
in the event that recovery of the mobile home cannot be obtained;
B. Reasonable attorneys' fees and expenses for retaking possession, and;
C. For such other relief that the Court deems just and proper.
COUNT II
ACTION IN CONTRACT FOR IN PERSONAM DAMAGES
18. Plaintiff incorporates herein by reference thereto each of the preceding paragraphs of this
Complaint in their entirety as if the same were more fully set forth herein.
19. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendants'
default for the accelerated balance due under the Contract in the amount of $34,868.04, plus appropriate
additional finance charges at the rate of 12.0% per annum on the balance due from March 25, 2002 and
costs.
20. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees
and costs of retaking possession of the collateral.
21. Plaintiff avers that such attorneys' fees amount to $200.00 to date.
22. Contemporaneously hereunder, Defendants have been advised of his/her right to dispute
the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day
Notice, attached hereto, marked Exhibit "3" and made a part hereof.
WHEREFORE, Plaintiff prays for the entry of Judgment on Count II against Defendants,
jointly and severally, in the amount of $35,068.04 plus continuing finance charges at the aforesaid rate of
12.0% per annum from March 25, 2002, reasonable attorneys fees and expenses for retaking
possession and costs,
WELTMAN, WEINBERG AND REIS, CO. L.P.A.
~li,.a~. ¢~7M4~7 ~
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
VVWR#:02504937
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE
USED FOR THAT PURPOSE.
T.' H/-~ I I- ' ~ I he dol{a~ amount
ne cost of your credit ! credit will cost you.
as a yearJy rate.
3.2.00 % '~ 57553.40
provided to you or
on your behalf.
350ES.00
p ~d whe~ you have nlade~purchase or~ c~ec~t, ~ncludin
all scheduled payments. [ your down payment
! Ici $ 2000.00
J ~2618.40 ~ 9'61~.40
~ meat schedule will be
Number~ayn~-e-n~ ....... V~V'hen Payments Are Due
{ { ~d ~cll month therea~er unt~ paid in full. ~
Security: You are giving a security interest in the goods or property being ~urchased. ~ You are giving a security interest in the real property at
Late Charge: If a payment ~s more than 15
days [ate, you will be charged .the lesser of ~5.00 or two percent
of' the unpa/d amoun.,t of tl!e installment
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 non,payment default, any
required rel=ayment before th? scheduled date, and prepayment refunds and penalties. ' e" means an estimate
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 taw, all present and future accessions to the Manufactured Home
(except that accessions Will not include" . ·
household goods as daf ned 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 bv a se ar
'shown i, tile TRUTH IN Lr:NDING ~rSCL~S~i[[~z~n.Oft"age or deed o, ,rus£ dated , on real estate, as
The term "Property" means all property securing this Contract
CREDIT INSURANCE: Credit lif~e'credit disability (accident and
health or accident and aickness'L and any other insurance
coverage quoted below, are not required to obtain credit and we
wilJ not provide them unleos you sign and agree to pay the
additional cost. 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.
PROPERTY INSURANCE: ¥ou l~.ra r~quired to insure the
Property securing this Contract ¢~:ith the following minimum
property insurance coverage:
$ 37045.00
Credit Life: Insured
['~ Single [] Joint Cost $ Term
Credit ~isability: insured "
[] Single [] Joint Cost $ Term
Your signature below means you Want (only} the insurance
coverage(s) quoted above. If none are quoted, you have declined
any coverages we offered,
You may purchase or provide the Insurance through any insurance
company t~at is reasonably acceptable to us. If you get the
insurance from or through us you will pay $ for
of coverage. } ~i
Liab~ity insurance coverage for bodily ipju~ and/or property
damage caused to others is NOT included in tl~is Contract unless
checked and indicated below.
Buyer d/o/b Buyer
d/eib
Buyer d/o/b buyer d/o/b
[] The following liability insurance is included in this coverage:
ITEMIZATION OF AMOUNT FINANCED
Mpnufecturad Home Price $ 37000. O0
~incruding sales tax o!
Buyer Protection/Service Plan
· Paid to:
1. Cash Price
$
$. 37000.00
Manufacturer's Rebate
Cash Down Payment $ 2D00.00
2. Subtotal $., 2000.~0
Trade-In Allowance
Less: Amount Owing $
To:
3. Net Trade.in ~.
4. Total Down Payment (line 2 plus line 3} ~ 2000, oo
5. Unpaid Balance 0I Cash Price (Fine T minus§ne 4) ~. 35000.00
Fees Paid to Others.' Tire Tax
Paid to Public Officials - Filing Fees Only $ 45.00
Paid to Public Officials - Other than Filing Fees $*'
Paid to insurance Companies $ 0..00 ·
(To: .I
(To: _1
(To: . )
Additional Finance Charge(sD Paid To Seller $
q'O: Notary & Prep ~, 0.00
To:.ReodReportlU.C.C. $.. 25.00 0.00
To:
S. Subtotal (line 5 plus all Fees Paid to Others) $ 350'/0.00
7. Prepaid Finance Charges ~ 5.00
Amount Financed (line 6 minus llne 7) $ 35065. a0
Finance Charge 9. 5'7553.40
Time Balance 8. 92618
SALE: You agree to purchase from us the manufactured home
described below, together with the related services, furnishings,
appliances and accessories listed below [togeU~er refaced 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
Serial Number Length Widtil J~olJr [~ New
62 I® Used
Services, furnishings, appliances, and acces$oriea include:
[] Tires and Wheels [] Axles ~ Refrigerator_
Oven/Range
Washer . __ [] Dryer
~ AIC Unit(si '
,;Skirting [] A~wning(s).
ccessory Shed
ervices -
'[~] Other ' '
:lured Home after deliveryto Buyer:
148 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
Description of Trade.In:
[] 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"t:_
The Plan covers
and willbaln
effect . See the Plan documents for details.
PROMISE TO PAY AND PAYMENT TERMS: You promise to
pay us the prlncipal amount of $ .. 35o70.00 plus
interest on the unpaid balance at the rate{s) of 11.99
per year until the final scheduled payment date. Interest will begin
to accrue on
and will accrue on a 360 day basis. After the final
scheduled payment date, or after you default end we demand
payment, we will earn interest on the unpaid principal balance at
the rate of 11.95 % per year. You agree to pay this
Contract a~co~ding 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
~-ENDING 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
appllcabte contract rate.
[] ADDITIONAL FINANCE' CH~GE:' You agree to pay an
additional, nonrefundabie finance charge of
that will be E~ paid in cash. [] financed (see ITEMiZATiON OF
AMOUNT FINANCED). [] pard proportionally with each payment.
DOWN PAYMENT: You also agree to pay, or eppl¥ 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 fez ~urchase the Manufactured
Home over time. The Total Sate P/ice shown in the TRUTH
LENDING DISCLOSURES assumes that ell payments will be made
as scheduled. The actual amount you will pay may be more or
less 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 Alternative 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 ~n full.
if any provision o! 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 wi/ting and
signed by
PREPAYMENT: YOU tvIAY 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 fuji.
You may obtain from us, o~: the insurance company named in
your policy (or certificate of insurance), a refund of any unearned
insurance premiums.
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 Iollowlng:
A. You will defend our interests in the Property against claims
made bV anyone eJse. 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 tha claim of any other creditor. You agree
to slgn any additional documents or provide us with an,/
eddltional 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 rel~air. 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
thls Contract is paid in full. Unless we g~ve you prior written
consent, you will not allow the Manufactured Home to
become a part of real estate or to otherwise lose its
treatment as personal property under applicable law.
F. You will pay all taxes, fees, expenses, and assessmenCs 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 ia due.
B. You fail to perform any obligation that you have undertaken
in this Contract (which includes doing something you have
agreed not to dot.
If you default, you agree to pay our reasonable attorneys' fees,
beginning with the commencement of legal action, and up to 950
incurred after the t4OTICE OF DEFAULT and before
commencement of a legal action (as provided in Pa. Stat. Ann. tit.
Sg § 623I 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 a~l of you.
NOTICE OF DEFAULT: If VOU era 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 per~od it describes
has passed. We may not be required to send you a Notice if (1I
you have abandoned tire Manufectured Home, (2] you received
two Notices in the prior one-year period, or {3I other extreme
circumstances exist.
After repossession you may have additional (but limited) rights
under Pa. Stat. Ann. tit. 6g § 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 detault on this Contract, we have all of
the remedies provided by Paw, 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 immediateJy 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
Jf 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 rateIsl
described in the PROMISE TO PAY AND PAYMENT TERMs
section. We may require that you estabfish 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 immedlately take possession of the Property by
legal process or self-help, if we do so lawfully. We may then
sell tile 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
edditional amounts if the sale proceeds do not pay all you
Paragraphs C. and D. (abovel apply only to personal property
security interests. If this Contract is secured by a mortgage or
deed et trust, then the foreclosure of such interest may impose
other duties and limitations on our rigl~ts 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 o! default, we do not give up our right to later treat that
type of event as a default.
· You a. gree that if any notice is reb,u, ir.ed to be given to you of an
mteneeo sale or transfer of the Prc~erty, 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 reap 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 I Property Improvement and
Manufactured Home Regulations, our right to make you pay off
this entire Contract is subject to the limitations of those
regulations.
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 el payment before we allow insurance proceeds to Ire
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 cost of property insurance is included in the
Amount Financed and the insurance is canceled or terminated
before this Contract is paid in luff, 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 e rate you might have to pa,/ if you buy it yourself.
We will add the cost of this insurance to tl~e 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(si,
~pn~ce 2 of 4)
OBLIGATIONS INDEPENDENT: Each of you who signs this
Contract is independently responsJbre to pay it and to keep the
other prom;.ses made in this Contract. This is true even if: A. Someone else has also signed it.
B. We release or do not try to coIIect from another who is also
responsible to pay this Contract.
C. We release any security or do not try to take hack 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 glve up
any rights that are provided in this Contract (for example, see the
NOTICE OF DEFAULT scot'on). Unless the law ar this Contract
provide otherwise, we are not required to: fl) demand payment of
amounts due; (2) give notice that amounts due have not been paid,
or have not been pald in the appropriate amount, time, ot manner;
or, (3I give notice that we intend to make, or are making, this
Contract immedlatety due.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT
CONTRACT 1S SUBJECT TO ALL CLAIMS AND
pEFENSES 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.
Buyer(s): / .---¢---
x
Signature
.Sis'ne t~ure - -
Signature '
/ Date
Date
Date
I ACKNOWLEDGE RECEIPT OF A COPY OF THIS
CONTRACT:
X
Ojsbu~mt~ent Date: · ' - (This
date i~for T~tle 1 H~ep~ ~ ~yay ~ completed
after the Contract is signed to reflect the actual disbursement date,
and not any estimated disbursement dat~. I't may appear only on the
original form.}
ASSIGNMENT BY SELLER
Seller sells and assigns this Reta~ Installment Contract on ~/~,~ ,19 9~'" to
SIGNAL BANK, NATIONAL A$._SDC ATION. 1:~5 ~ LIBERTY ST, WOOSTER, OH 44691 the Assignee, its successors and
assigns, ail its rights, title and interest in this Contract, and any guarantee executed in connection with this C~ntract.
THIS ASSIGNMENT IS MADE: ~ UNDER THE TERMS OF A SEPARATE AGREEMENT.
~ PURSUANT TO THE FOLLOWING TERMS.
Seller gives Assignee full power, either in its own name or in Seller's name, to take all legal or other actions which Sel~er could have
taken under this Contract. Seller warrants:
A.This Contract re~resents a sale by Seller to Buyer on a time price basis and. not on a cash basis;
The statements contained in this Contract are true and correct;
C. The down payment was made by the Buyer in the manner stated on page I and no pert of the down payment was loaned or ;aid
to the Buyer by Seller or Seller's representatives;
D.This sale was completed in accordance with a~l applicable federal and state laws and regulations;
E.This Contract is valid and enforceable in accordance with its terms;
F.The names and signatures on this Contract are not forged, fictitious or assumed, and are true and correct;
G.This Contract is not subject to any c~aims or defenses on the part of the Buyer;
H.A completely filled-in copy of this Contract was delivered to the Buyer at the time of execution; and
[.The Property has been delivered to the Buyer in good co~ition and has been accepted bv Buyer.
If any of these warranties is breached or untrue, Seller wi[i, upon Assignee's demand, purchase this Contract from Assignee. The
purchase shall be in cash in the amount of the unpafd balance lincluding interest) plus the cost and expenses of Assignee, including
attorneys' fees.
Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of · recovery made against Assignee
~s a result of a claim or defense Buyer has against Seller.
Sel~er waives notice of the a~ceptance o~ this assignment, notice of non-payment or non-performance and notice of any other remedies
available to Assignee.
Assignee mav, without notice to Seller, and without affecting the liability of Seller under this assignment, compound or release any
Tights against, and grant extensions of time for payment to be made. to Buyer and any other person obligated under this Contract.
U~ESS INDICATED BY CHECKING THE BOX BELOW, THIS ASSIGNMENT IS WITHOUT RECOURSE,
~ RECOURSE: Seller agrees that if the auyer defaults on any obligation of payment or performance under this Contract, Seller
~l~n demand, repurchase this Contract for the amount of the unpaid balance, including finance charges, due at that time.
Seller: CddprRY SlOE ~AG~HAMBERSB
t0121196 i r ~dANUP~ACTUREO H~tE$ * NOT FOR MODULAR HOMES ~;,~ ~ al 4/
981340016000435 001
DOI~E/TER DZSCLOSURE EXEMPT
KA~N L'HATHNA ~ ROBERT
SIO~NAL BANK NA
SIGNAL BANK NA
135 E LIBERTY ST
HOOSTER OH 44691
BRADLEY L HALLORY
SIGN IN P~,ESENC~ , ;F -: ....
- ': .... .:.. .FAIF[ DEE~T:co~.LEGflON PR/(CTICES ACT'~'O.DA~ NOTi~=' "'-- . ....' . - .
.: .i" ." '.:.:. ':.:'".':i :~ ;:.:... -.'":.:,.~.i".' '~'''.-: ::. : ... : ~'-'...:.' ' :...,'.-.':.: · ...': ..'.. '.'-: -.. · .. :" ..' ..... :'..-
· ";:'" .'. -"....: '. .:.By:law" . .. ., .this law firm'.is:~eqbire~ t~)"advi§~'yo~ that"unl~ss'~ithin. '30 day~' affe~- red~iP't of
.' .'..t~i~- n0'tiC~ ~j(~U.di~pute:th~ .v'ali~iit~;O~ ~hi§ 'd'ebt'0~' ahy p'0rti(~n fl~er~6~, the: ~eb~:~iii 'b~'.assume~l
" '" .... '"' ''' ':' "..' : ...... ..- · .... · ..'.- .-' i.;.'.".... ': ~..: .:': ':'../;-., .. -": ...
e.v..e'fif.w, ith!,n '.a 30:dhy p.e.'rlod you 'request .in 'wiitin~'..th~'. ha'me of "'
· , ..... .... .... . ,.¥..:, .. ...... . ..... ... , ...:......,.........,: ~.-:- :..,.:;... :: .... ~....:.;..~ .- -..'.
.the ongmal "creditor, 'it will ~5~ ~rbvid'ea tO y(~u"if:~differ6n~;'frorn (h(~ (~u~-rent. ~ddi(0{-f 'ln:tl~..ev~ht :: .'. ,' :'
· ~ · th'at you dispute the debt and~.6r mquest"tl~e"nh'me' 0f ~h~~ 'origin'~l credi~or:~n.~riting Within' th~ .':
· . . , , . . . ~. .:,- - . ;. ". . · . :....- . .
..... ' ' ' · '. "'.~'~:~-' ', :' '.'..'. · '.i.. '.":,': '.". '~ "' ;:'
..:' th.e ~ed. ficatio, h andlg~' na~e. Of tl~e"o'~igin~l ~r~dito~-"ha~ bder~ 6'rovided"
.., ;- . :. , ..~' . .. · ;. '.' ~.. . - .-
"Thi~' law fi'rm"is' atte~np~in~'t~ coIle~t.tfii~ ~l~bt for:c;u~ client end'.aha; inforrfl~t'ibn'obtaihed 'i'"
.'.Will be'ds~d"f6~- t'hat pb'rpo~e~'. -,- · .. - . '..- .... .': '
':'"" ' 'the ab'ov~'N~tic& is I~in~"gi~en' pursuant to the F~i'r"D~bt.coli~ctiok'Pra'~tiC~s 'Act'and'is" .
§~parate'and distinct from"th~.foregoing"Co/nplaint, whifih.'must b~ 'responded to ir~ ~:onfo'rmit~
.. ': '~vith' the instructions therein. Because .... of the 'difference.. in. time parameters, we iwill not move fOr
.., . :: . ~' .. .. : . .
· ,D,..efaui't J~dgment for at least, t. hift~.(30) day~'from' the' date'of service Of thi~ Complaint 'Ul~0n'
you, and if you request v~rification,, we will not move f~r Default Judgment"until.a .reasoi~able
' ,.time after..verification has' been' pr6vide'd, and afte~ the' expiration ~)f th~ithirt~ (30) day p'eriod -
frorathe date of service. . ' · . ..
' ' ' ~;'~i~-;; ........ ' ' '" '". '. " '"
VERIFICATION
The undersig-ned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating
to unswom falsifications to authorities, that he/she is paq' DE~2ZA.
ASSISTANT l.~'nAl CO0_P_ni~.TOR of FIRST ME~IT ~A~y_
(Title) (Company)
(Name)
, plaintiff herein, that
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing
Complaint are tree and correct to the best of his/her knowledge, information and belief.
(Signature)
, SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRSTMERIT BANK NA
VS
CHAVEZ DAVID TOVAR ET AL
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
CHAVEZ DAVID TOVAR the
DEFENDANT , at 2039:00 HOURS, on the 15th day of April , 2002
1101 CLAREMONT
by handing to
at CCP
CARLISLE, PA 17013
DAVID TOVAR CHAVEZ
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this ~3'~ day of
~2~3~--~ A.D.
' ; Protho[l~tary'
So Answers:
R. Thomas Kline
04/16/2002
WELTMAN WEINBERG REIS
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRSTMERIT BANK NA
VS
CHAVEZ DAVID TOVAR ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
MATHNA ERIN E the
DEFENDANT
at SHIPPENSBURG HEALTH CARE CNTR
SHIPPENSBURG, PA 17257
, at 1730:00 HOURS, on the 15th day of April
121 WALNUT BOTTOM RD
by handing to
ERIN MATHNA CHAVEZ
a true and attested copy of COMPLAINT - REPLEVIN
, 2002
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
14 49
00
10 00
00
30 49
Sworn and Subscribed to before
me this ~ day of
Om.~ ~ 2_~ A.D.
t~r~'t honor ary
So Answers:
R. Thomas Kline
04/16/2002
WELTMAN WE INBERG~ S~
pu~ Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-01804 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRSTMERIT BANK NA
VS
CHAVEZ DAVID TOVAR ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
MATHNA ROBERT B SR the
DEFENDANT
, at 1625:00 HOURS, on the 15th day of April , 2002
at 128 WEST OP~ANGE
SHIPPENSBURG, PA 17257
by handing to
ROBERT B MATHNA SR
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 14.49
Affidavit .00
Surcharge 10.00
.00
30.49
Sworn and Subscribed to before
me this 2H~ day of
A.D.
iPfothonot ar~- -
So Answers:
R. Thomas Kline
04/16/2002
By:~ ~f f ~
' SHERIFF'S RETURN - REGUIJtR
CASE NO: 2002-01804 P
COMMONWEALTH OF PENNSYLVB_NIA:
COUNTY OF CUMBERLAND
FIRSTMERIT BANK NA
VS
CHAVEZ DAVID TOVAR ET AL
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
MATHNA KARIN L the
DEFENDANT , at 1625:00 HOURS,
at 128 WEST ORANGE
SHIPPENSBURG, PA 17257
on the 15th day of April , 2002
by handing to
KARIN L MATHNA
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 .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ ~ day of
~ ~L~ ~ A.D.
(~r6thonotar-~ - '
So Answers:
R. Thomas Kline
04/16/2002
WELTMAN WEINBERG R~S
By: ~riff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR IN
INTEREST TO SIGNAL BANK, N.A.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR., and
KARIN L. MATHNA
Defendants
No. 02-1804 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Jeffrey S. Golembiewski
PA I.D. #64373
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh. PA 15219
(412) 434-7955
WWR#02504937
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR IN
INTEREST TO SIGNAL BANK, N.A.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR., and
KARIN L. MATHNA
Defendants
Civil Action No. 02-1804 Civil Term
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
COUNT I
Kindly enter Judgment against the Defendants, David Tovar Chavez. Erin E. Mathna, Robert B.
Mathna, Sr. and Karin Mathna, above named, in the default of an Answer a~ follows:
For possession of the vehicle, more particularly identified as a 1997 Duthcess, Model 5003
52x28, Serial Number 9444E plus costs.
COUNT II
Kindly enter Judgment against the Defendants, David Tovar Chavez, Erin E. Mathna, Robed B.
Mathna, Sr. and Karin Mathna, above named, in the default of an Answer, in the amount of $36,036.49
as follows:
Amount claimed in Complaint
Interest from 3/25/02 to 6/17/02
at the contract interest rate of 12% per annum
TOTAL
$35,068.04
$968.45
$36,036.49
I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance
with PA R.C.P. 237.1 on the dates indicated on the Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A~
PA I.D. #64373
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02504937
Plaintiff's address is: cio Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh,
PA 15219
And that the last known address of the Defendants is: 1101 Claremont, Carlisle, PA 17013, 121 Walnut Bottom
Road, Shippensburg, PA 17257, and 128 West Orange, Shippensburg, PA 17257
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR BY
MERGER TO SIGNAL BANK, N.A.
Plaintiff
vs.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR. and KARIN L. MATHNA
Defendants
Civil Action No. 02-1804 Civil Tern
IMPORTANT NOTICE
TO: Karin L. Mathna
128 West Orange
Shippensburg, PA 17257
Date of Notice: ~ ~ ~2~~Z''~
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG &~RE,~ CO~
William 1'. Molczan ~'
PA I.D. #-47437
WELTMAN, WEINBERG & REIS CO., LP.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #02504937
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR BY
MERGER TO SIGNAL BANK, N.A.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR. and KARIN L. MATHNA
Civil Action No. 02-1804 Civil Tern
Defendants
IMPORTANT NOTICE
TO:
Robert B. Mathna, Sr.
128 West Orange
Shippensburg, PA 17257
Date of Notice: ~,~Z, //~.1 ~-~ ~ ~..,~
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
William T. Molczan ~'
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #02504937
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR BY
MERGER TO SIGNAL BANK, NA.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, sr. and KARIN L. MATHNA
Defendants
Civil Action No. 02-1804 Civil Tern
IMPORTANT NOTICE
TO: Erin E. Mathna
Shippensburg Health Care Center
121 Walnut Bottom Road
Shippensburg, PA 17257
Date of Notice: ~ ~/ '7~ ff 'Z~
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
William T. Molczan ~
PA I.D. #-47437
WELTMAN, WEINBERG & REPS CO., LP.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #02504937
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR BY
MERGER TO SIGNAL BANK, N.A.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR. and KARIN L. MATHNA
Defendants
TO: David Tovar Chavez
1101 Claremont
Carlisle, PA 17013
Civil Action No. 02-1804 Civil Tern
IMPORTANT NOTICE
Date of Notice: ~t.,uv~'_ ~
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
William '¢. Molczan
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., LP.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #02504937
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR BY
MERGER TO SIGNAL BANK, N.A.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR. and KARIN L. MATHNA
Defendants
Civil Action No. 02-1804 Civil Tern
IMPORTANT NOTICE
TO: Jason P. Kutulakis, Esquire
c/o Chavez, Mathna et al.
8 South Hanover Street, Ste. 204
Carlisle, PA 17013
Date of Notice: ~ /~) ~- ~ ~ ~
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN
THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED 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 TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
WELTMAN, WEINBERG & REIS CO., L.P.A.
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Keppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #02504937
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according
to the Praecipe attached are not members of the Armed Forces of the United States or any other military
or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned
further states that the information is true and correct to the best of the undersigned's knowledge and
belief and upon information received from others.
WELTMAN, WEINBERG & REIS CO., L.P.A.
Jeffrey '~ 2r,5ole~biewski
PA I.D. #64373
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
'Pittsburgh, PA 15219
(412) 434-7955
WWR#02504937
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR IN
INTEREST TO SIGNAL BANK, N.A.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR., and KARIN L.
MATHNA
No. 02-1804
PRAECIPE FOR WRIT OF POSSESSION
Defendants
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
WILLIAM 'r. MOLCZAN, ESQUIRE
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
2718 Koppers Building
Pittsburgh, PA 15219
(412) 434-7955
WWRf102504937
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A., SUCCESSOR IN
INTEREST TO SIGNAL BANK, N.A.
Plaintiff
vs.
Civil Action No. 02-1804
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR., and KARIN L.
MATHNA
Defendants
PRAECIPE FOR WRIT OF POSSESSION
TO THEPROTHONOTARY:
Kindly issue a Writ of Possession in the above matter directed to the Sheriff of Cumberland County, PA...
1. To deliver possession of the mobile home more particularly identified as a 1997 Dutchess, Model
5003 52x28, Serial Number 9444E.
DATED:
WELTMAN, WEINBERG & REPS CO., LP.A.
Weltman, Weinberg & 7Reis Co., L.P.A.
2718 Koppers Building
Pittsburgh, PA 15219
(412) 434-7955
WWR#02504937
12th
day of March 2003
l~y virtue of this writ, on the
I caused the within named FirstMerit Bank~ N.A. Succ in Interest to
· Sizna.l Ban~k. N.A.
have possession of the prem~ses oescrloed ~Ii~Xp/pll}RiX0lll~Xll~lt 1997 Duchess Mobile Home
Model No. 5003, 52' x 80', Serial No. 9444E, at 148 Rustic Drive
@ 10:00 A.M.E.D.S.T.
, to
Shippensburg, PA 17257, by handing to Joseph Mitchem, rep. of First Merit
Sheriff's Cn~ts-
Docketing: 18.00
Surcharge 50.00
Pro
LuuL~utary 1.00
Milage 27.60
Possession 30.00
.u~ 2.53
Advance Costs:
1R9.I3
150.00
20.87
Refunded to Atty on 3/12/03
129.13
Sworn and subscribed to before me this
day ofQ~~/L,-- o~ ~
Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A. SUCCESSOR IN
INTEREST TO SIGNAL BANK, N.A.
Plaintiff No. 02-1804
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR. and KARIN L.
MATHNA
Defendants
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
AS TO REPLEVIN COUNT ONLY
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02504937
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
FIRSTMERIT BANK, N.A. SUCCESSOR IN
INTEREST TO SIGNAL BANK, N.A.
Plaintiff
VS.
DAVID TOVAR CHAVEZ, ERIN E. MATHNA,
ROBERT B. MATHNA, SR. and KARIN L.
MATHNA
Defendants
Civil Action No. 02-1804
AS TO REPLEVIN COUNT ONLY
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE AS TO REPLEVIN COUNT ONLY
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Settle, Discontinue and End the above-captioned matter upon the records of the Cour[ without
prejudice to refile and mark the costs paid.
SWORN TO AND SUBSCRIBED
bef~m)e this ,~::~ day
of L /.~_ ~/~fJ~__ ¢, 2003
NOTARY I~I~IC
WELTMAN, WEINBERG & REIS CO., L.P.A.
Attorney for Plaintiff /
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#02504937