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Home My WebLink About08-61790) Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 M. Troy Freedman, Esquire I.D. No. 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, V. Roy E. Burkpile Mary A. Beam 17 Appache Drive Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01 -7 1 ) VM CIVIL ACTION ASSUMPSIT/REPLEVIN/EJECTMENT COMPLAINT - CIVIL ACTION NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Assoication 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service Cumberland County Bar Assoication 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 M. Troy Freedman, Esquire I.D. No. 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax- 215-886-8791 Attorneys for Plaintiff Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, V. Roy E. Burkpile Mary A. Beam 17 Appache Drive Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 0 C7 9 CIVIL ACTION AS SUMP SIT/REPLEV IN/EJECTMENT COMPLAINT Plaintiff, Vanderbilt Mortgage and Finance, Inc., by and through its undersigned attorney hereby submits the within Complaint. In support thereof, Plaintiff avers as follows: 1. Plaintiff, Vanderbilt Mortgage and Finance, Inc. ("Plaintiff'), is a corporation duly organized and existing under and pursuant to the laws of the State of Tennessee with its principal place of business at 500 Alcoa Trail, Maryville, TN 37804. 2. Defendants, Roy E. Burkpile and Mary A. Beam, are adult individuals residing and/or maintaining an address at 17 Appache Drive, Shippensburg, PA 17257. 3. On or about July 30, 2002, Defendants executed a Manufactured Home Retail Installment Contract (hereinafter referred to as "Contract") pursuant to which Defendants expressly agreed to pay to Plaintiff the sum of $27,367.50 for a 1992 Holy Park Manufactured (mobile) Home having VIN No. 01FP26414. A true and correct copy of the Contract is attached hereto as Exhibit "A" and made a part hereof. 4. Pursuant to Page 2 of the Contract, Defendants were obligated to tender and deliver to Plaintiff $443.90 per month for 180 consecutive months commencing August 30, 2002. COUNT ONE - IN ASSUMPSIT (Vanderbilt Mortgage and Finance, Inc. v. Roy E. Burkpile and Mary A. Beam) 5. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 6. Defendants defaulted under the terms of the Contract, specifically Page 2 thereof, by failing and/or refusing to tender and deliver to Plaintiff the aforesaid consecutive monthly payments. 7. In particular, Defendants failed and/or refused to tender and deliver to Plaintiff the aforesaid monthly payments from June 30, 2008 through the present date. Plaintiff, and/or its agents, has/have provided Defendants with written notice of the default. True and correct copies of such notices are collectively attached as Exhibit "B" and made a part hereof. 9. Despite being provided with written notice of default, as aforesaid, Defendants have failed and/or refused to cure the default. 10. As a result of the uncured default under the Contract, Defendants are liable for Plaintiffs costs and attorneys' fees pursuant to Page 2 thereof. 11. As of October 6, 2008, Defendants' outstanding balance is $29,483.76, calculated as follows: 2 Principal and Interest through 09/28/2007 $24,569.80 Attorneys' Fees $4,913.96 Total $29,483.76 12. Interest shall continue to accrue at $7.95 per diem until the Principal is paid in full. 13. Plaintiff has demanded the total amount due from Defendants, but Defendants have failed and/or refused to pay the same. 14. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §§1692 ET SEQ., AS ENACTED AND AMENDED, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DEFENDANTS MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANTS DO SO IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THIS PLEADING IS RECEIVED, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANTS WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANTS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE.. WHEREFORE, Plaintiff demands judgment in assumpsit be entered in its favor and against Defendants, Roy E. Burkpile and Mary A. Beam, for the sum of $29,483.76 plus addition pre judgment per diem interest, additional post judgment per diem interest, additional attorneys' fees, additional costs; for immediate possession of the 1992 Holy Park Manufactured Home; for immediate ejectment of any and all occupants; for issuance by the Prothonotary of a Writ of Possession; and for such other and further relief as the Court deems just and proper. COUNT TWO - IN REPLEVIN (Vanderbilt Mortgage and Finance, Inc. v. Roy E. Burkpile and Mary A. Beam) 16. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 17. Under the terms of the Contract, Defendants expressly granted to Plaintiff, a security interest in the Manufactured Home. 18. The aforesaid security interest was perfected by Plaintiff by filing a Certificate of Title for a Vehicle with the Commonwealth of Pennsylvania, Department of Transportation. A true and correct copy of said Certificate of Title, evidencing Plaintiff's security interest, is attached hereto as Exhibit "C" and made a part hereof. 19. As stated above, Defendants have defaulted under the terms of the Contract by failing and/or refusing to tender and deliver the required consecutive monthly payments to Plaintiff. 20. Page 2 of the Contract provide that, in the event of default by Defendant, Plaintiff shall have the right to repossess the Manufactured Home; and to sell, lease or otherwise dispose of same as provided by law. 21. Upon information and belief, the Manufactured Home is presently situated at 17 Appache Drive, Shippensburg, PA 17257. WHEREFORE, Plaintiff demands that judgment in replevin be entered in its favor and against Defendants for immediate possession of the Manufactured Home; for immediate ejectment of any and all occupants; for issuance by the Prothonotary of a Writ of Possession; and for such other and further relief as the Court deems just and proper. 4 COUNT THREE - POSSESSION/EJECTMENT (Vanderbilt Mortgage and Finance, Inc. v. Roy E. Burkpile and Mary A. Beam) 22. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 23. Defendants are unjustifiably withholding possession of the Manufactured Home from Plaintiff. 24. Plaintiff is entitled to immediate possession and immediate enjoyment of the Manufactured Home. WHEREFORE, Plaintiff demands that judgment be entered in its favor and against Defendants for immediate possession of the Manufactured Home; for immediate ejectment of any and all occupants; for issuance by the Prothonotary of a Writ of Possession; and for such other and further relief as the Court deems just and proper. RICHARD M. SQUIRE & ASSOCIATES, LLC By: Troy Freedman, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Date: October 6, 2008 5 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 M. Troy Freedman, Esquire I.D. No. 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax- 215-886-8791 Attorneys for Plaintiff Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, V. Roy E. Burkpile Mary A. Beam 17 Appache Drive Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION AS SUMPSIT/REPLEVIN/EJECTMENT VERIFICATION M. Troy Freedman, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification, and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief; and the source of his information is public records and reports of Plaintiffs agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S.§4904 relating to unswom falsification to authorities. M. Troy Freedman, Esquire Attorney for Plaintiff Date: October 6, 2008 Exhibit "A" Sorrowerfs) Lander Roy'E Burkepile Tama(ac Corporation Mary A Beam 275 Mundy Street lWilkee-Barre, PA 18702 Lt# 54 •Lenwood Park Shippeneburg PA 17257 I' means each Borrower above, jointly and se raraey -You' maam the Lander, Its sueasnon and assigns. Date 07130/ZOOZ A phrase, clause, or paragraph on this form that Is preceded by a that is not checked does not apply to this ban. Non - For Vanua recdived, I.promise to pay to you, or your order, at your addran above, the principal sun of: Twenty-seven thousand three hundred sixty-seven and 50/100 Do11es6 27367.50 plus intereet from 07/30/2002 at the rate of 12.25 % pw year unto 7/30122 ® Pert Alaa0lty kdere9t - After maturity the upaid balance of prineipyt will earn inteest at the rate of % per year. 13 Addititeal finance C!" - f also agree to pay a nonrefundable fee of 6 and it will be ? paid in cash. ? withhold from the proceeds. Il this fee In withhold from the proceeds, the amount is included in the principal sum.1 Payments . The number, amour and due dam for scheduled psyments are disclosed in the Truth in Lending disclwure below. Lou Charge - If throe is a late charge for this transaction, it will be disclosed In the Truth In Lending disclosure below. The Purpose Of This loon Is . To Purchase A Mobile Home ® Bad Check Chugs -1 agree to pay a charge of 0 If I make a payment with a check that Is dishonored. This Loan Made Under - This ban is secured by dated 07130/2002 Securhy Agree we • 1 give you a security interest in the Property described below. The rigfrte 1 am giving you in this Property and the obligations agreement secures are defined an page 2 of this agreement. 1992 BO' X 14' Holly Park ANNUAL PErA01TAGE RATE The cost of my credit FINANCE CHAFE The dolor amount the AMOUNT FINANCED The amount of credit TOTAL OF PAYMENTS The annourtt I will have pail when as a yearly rate. credit will cost me. provided to me or on my behalf. 1 how made all scheduled payments. 12.25 % a 46103.70 0 27367.50 673471.20 My Paymaat Schedule will be: Number of Payments: Amount of Payments: When Paynsnu are Due: 240 306.13 Beginning 6/30/02 and on the 30th of each successive month thereafter. Saourlly - 1 on giving a security interest in: ? (description of other Property) ® the Goods or Property being Purchased. Lt! 54 Lorwood Park Shippsnaburg PA 17257 ? Collateral securing other loans with you may also secure this loon. ® Lan Charge - I scree to pay a late charge equal to 10 % of the unpaid portion of an installment not paid within 15 days after it is due, or 6 , whichever is Prepayment - It 1 pay off this note early, 1 will not have to pay a penalty. ? 11 1 pay off this non early, I will not be entitled to a refund of part of the fkunce charge. ® Assumption - Someone buying the property securing this loan ? may ® cannot assume this ban on Its orgkel terms. I ern see my corroact documents for any additional Information about nonpayment, defauh, and any required repayment before the scheduled date, and prepaymam refunds and penalties. U N you do not meet yes Contact oblgauoss, YOU may 1090 your Cram arms anst - Croft its, Credit accident and skknsss (disability), unemploWnwd and any other hswance coverage quoted below, ere not squired to obtain credit and you will not provide thorn unless 1 sign and agree to pay the eddedorsI premium. If I went such insurance, you will obtain it for me (if I quality for coverage). You are quoting below ONLY the coverages 1 baye chosen to purchase. Croft Ufa . ? Single? Joint Insured Premium 0 Term Credit Disability - ? Single ? Joint Insured Premium 0 Term Credit Unsmpoym9M -[I Shgls? Joint Insured Premium a Term 1, of kronantce company My signature below means I want (only) the insurance coverage(sP quoted above. If none are quoted, 1 have declined all coverages you offend. X D.0.6.12/28169 . X D.O.R. X 0.0.6.2124/ 7n D.O.B. Property inemerw. - Property insurano. is required. 1 mat _ 40! *Ay insurgnce from anyone 1 went that is acceptable to you. If I get the insurance from or through you, I will pay S n 0 0 $ ' tdt- of coveragat kemixodon of Amount Financed ' • • • ; ? Amount paid to me directly ? L 48: 6 _ Amount paid on my account behalf others on m aid t t A ? 4 _??_??' _! •S' b 11 • " y moun s p o To insurance companies , To public officials - Ming fees only To public officials • oWsr dot Ming fees 0 Amount red on your behalf :_40• 6 27006 Buydown ' 0 Additional Finance Fees 6 367.50 6 6 (Minces) Prepaid Finance Charge 6 0.00 Amount Fktanes0 0 27367.50 1 agree to dn0 tame on pogo t and 2 of" agreement. • FliOve ranlvad • espy of title deeerrrnt on %We data. Cp?KNHER6 - SEPAMTE NOTICE MORE MMMO. Signature Signature EWi q 0 1997 anima systems. I... St. oma, ace ram FC•51-DN.PA 7n1z00D tsags r or 2) ADDITIONAL TERMS OF THE NOTE Deflrnltlons • 'I,: "me" or "my" means each Borrower who signs this note and each other person or legal entity (incitift guarantors, ?rod to endorsers, and aurotbel who agrees to pay this note ItogetMr as "us"). "You" or "your" means the Larder and its successors and assign. If any part of this riots cannot be enforced, such fact will not affect the rest of this roots. Any change to this note or any agrsemem securing this rote must be in writing and alpretl by you end me. Arty provision that appoints you u an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 at seq. IChsptar 56; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. Name and Location - My nerve and address indicated an page t are my exact legal name and my principal residence. I will provide you with at least 30 days notice prior to charging my name OF principal residence. Prepayment • I may prepay this ban in whole or in part at any time. If I prepay in pert, 1 must slot make each later payment in the original amount as It becomes due until this note is paid in full. Usury - The interest rate and otter charges on this ban will never exceed the highest rate or charge allowed by low for this loan. Post Maturity brtarlog Rate - If this section is checked, the post maturity rate will boom to apply on the day attar maturity, or, it the loan is in default and we accelerate after default, on such data. Default - I wig be In default on this loan grid any agreement securing this ban if: 1. 1 fag to make a payment in fug when due; or 2. Your prospect of payment, performance, or ability to realize upon the property is significantly knpalrad. If any, of us are In default on this note or any security agreement, you may exercise your remedies against any or all of us. Remo n a - If I am in default on this ban or any agreement securing this loan, you may exercise your rights provided by law and this agreement. I also understand and agree to the following: 1. You may accelerate the due date of the unpaid principal balance of the loan, plus accrued interest and charges, making it due in its amUety before the scheduled dun date. 2. You may realize on any property secwirg this tray section. 3. You may demand more security or new parties obligated to pay this loan (or both) in return for not using any other remedy. 4. You may make a claim for any and all insurance benefits or refunds that may be available. If I default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again. Costs Of Caseeaen And Attomay's Fees - I agree to pay you the costs you incur to collect this debt or realize an any security. This Includes your reasonable attorney's fees and court costs. This provision also shell apply if 1 file a petition or any other claim for relief under arty bankruptcy rude or law of the United Stites, or if such petition or other claim for relief is Mod against me by another. Irdapandant obligation - I understand that my obligation to pay this loan is Independent of the obligation of any other person who has also agreed to pay it. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or charge this rote one or more times and for any term, and I will still be obligated to pay this ban. You may, without notice, fail to perfect your security interest In, impair, or release env security and I will still be obligated to pay this loan, ADDITIONAL TERMS OF THE SECURITY AGREEMENT Semosid Obligations - This security agreement secures this ban (including ell extensions, renewals. refinancings end modifications) and any other described in this security agreement with you now or later. will net secure other such debts It and to the extern the property: 1. constitutes my principal residence; or 2. Is household goods. This security agreement will test until it is discharged in writing. For the sole purpose of determining the extent of a purchase mangy security interest arlsing under this security agreen ent: 1. Payments on any nonpurchsse money lain also secured by this agreement will not be dogwood to apply to the Purchase Money Loan; first and 2. Payments on the Purchase Money Loan f the seat if dany, aid oomed to a npy to the w the nonpurehave money potion o purchase money obligations in the order in which the items were acquired. No security lawast will be terminated by application of this formula, .purchase Money Loan" maw any ban the proceeds of which. in whole or in pert, are used to acquire any property securing the loan and all extwions, renewals, consokled a and refinancings of such ban. Property - The word "Property," as used hers, Inckxles all property that Is listed in the security agreement on page 1. If a general description is used, the word Property lmkxMs oil my property fitting the general description. Property also means all benefits that arise from the described Property (Including all proceeds, ksurance benefits. payments from others, Interest, dividends, stock splits and voting rights). It also means property that now or low Is attached to, is a part of, or results from the Property, and all supporting obligations. "Proceeds" includes anything acquired on the sale, base, license, exchange, or other disposition of the Property; any rights and claims arising asst of the Property; and any collections sod distributions on account of the Property. Ownership And Duties Towed Property - Unless s co ownerls) of the Property signed a third party agreement. I represent that I own all the property. I will defend the Property against any other claim. I agree to do whatever you require to perfect your interest and keep your priority. 1 will not do anything to ham your position. I will keep the Property In my possession (except if pledged and delivered to you). 1 will keep It In good repair and use it only for its intended purposes. I will keep it at my address unless we agree otherwise in writing. 1 -IN not try to sell or transfer the Property, or permit the Property to become attached to arty real estate, without your written consent. 1 will pay all taxes and charges on the Property as they become due. I will Inform you of any loss or damage to the Property. You have the right of reasonable access in order to Inspect the Property. I will not use the Properly for a purpose that will vWM any laws or subject the Property to forfeiture or seizure. Insurance " I agree to buy Insurance on the Property against the risks and for the amourin you reasonably relaiirs. In addition: 1. I will name you as kiss payee on arty such policy. 2. You may require added security on this ban If you permit any insurance proceeds to be used to repair or replace the Property. 3. If the insurance proceeds do not cover the amounts 1 still owe you, 1 will pay the difference. 4. 1 will keep the insurance until all debts secured by this agreement we paid. If I do not buy, maintain, and arrange to have you named as loss payee, as agreed above, I understand and agree: 1. You may, but are rat required to, purchase Insurance to protect your interest in the Property. 2. The insurance you buy may be from an agent or company 1 might not choose. 3. The insurance will not cover my equity in the Property. 4. The premium you pay may be substantially higher than the premium I might be required to pay for the insurance I have agreed to buy on this note. Waiver - I weive Ito the extent permitted by law) demand, presentment, protest, notice of dishonor and notice of protest. Fwwuww a- - menu - I wig give you my financial statements Or information that you feel is necessary. All financial statements and information I give you will be correct and complete. Purchase Money Loan - If this is a Purchase Money Loan, you may include the name of the sager on the check or draft for this loan. For Federal Usury Preemption for Manufactured Home Loans: The following terms apply if, on page 1 of this form, the Federal Usury Preemption is cited as the authority for this loan. These terms will supersede anything to the contrary in this forth: t. The late charge, if there is oner will not apply to the final scheduled installment. 2. PREPAYMENT - YOU MAY PRWAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 3. Notice Of Default - Except as provided further below, we will not accelerate the unpaid balance of this Contract, repossess or foreclose on any Property until after we send you a notice of default and any cure period it describes has passed. We may not be required to send you a notice if 11) you have abandoned the Manufactured Home, 12) you received two notices in the prior one-yea period, or (3) other extreme circumstances exist. E 01997 eases sww h.c.. St. Clue. KIN Fnm rC414MN7A 71712000 Default And Rame I a - If I am in default, in addition to the remedies listed in the note portion of this dooument, you may (subject to any applicable notice and cure period): 1. Pay taxes or other charges, or purchase arty required ksuance, If 1 fen to do these things Ibut you we not required to do sill. You may ale the amount you pay to this ban and accrue interest on that amount at the Intaeat rate in affect on this note until paid In full; 2. Require me to gather the Property and arty related records and make it available to you In a ressonsble fashion; 3. Use arty other remedy snowed by law. 1 ogee that when you must give notice to me of you intended sole Of disposition of the Property, the notice is ressonoble if it is sent to me at my last known address by first class mail 10 days before the Intended sale or disposition. I agree to inform you in writing of any change in my address. Fong - I authorize you to file a financing atatemerd covering the Property. 1 agree to comply with and facghste your requests in connection with obtaining possession of or control over the Property until this security agreement is terminated. A copy of this security agreement may be used as a financing statement when allowed by law. fries 2 or 2) Exhibit "B" 0939420071047360227002202184 Notice of Default and Right to Cure Default Dear: MARY A BEAM Dat&J31 /20x1 Name and address of creditor: See reverse side. Phont800 970 7250 Account number: 939420 Certified Mail #1104 7360 2270 0220 2184 Brief Identification of Credit Transaction: Retail Installment Contract, Promissory Note or Assumption and Modification Agreement dated: 7/30/2002 and Secured by Manufactured Home and/or Real Property Amount to be Paid to Cure Default (Total of (1) and (2)): $82L 21 You are now in default on this credit transaction. You have a right to correct this default by the later of 45 days from the date you receive this notice or the date on which we transfer title to the manufactured home which secures your account (if the manufactured home is personal property and you do not cure your default within such 45 day period and we recover the manufactured home). If you correct the default, you may continue with the contract as though you did not default. Your default consists of your failure (as marked): (1) X [ ] to makb+Ionthly payment's beginning witl§Wf)8 payment, in the total amount of $ 823.21 , and delinquency and return check charges totaling $100 , resulting in a total amount in default in this regard dUS 21 (2) [ 1 to pay property taxes or other assessments on the manufactured home and/or real property which secures your contract in the amount of $ (3) [ ] to provide us with evidence of your having adequate homeowner's or property damage insurance (including flood insurance if applicable) on the manufactured or modular home which secures your contract Cure of default: Within the later of 45 days from the date you receive this notice or before we transfer title to the manufactured home (in the event you do not cure your default within such 45 day period and we recover the manufactured home), you may cure your default by your sending, and our receiving, the Amount to be Paid to Cure Default set forth above. PAYMENT SHOULD BE MAILED ALONG WITH PAYMENT COUPON(S) TO: VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX 742533 CincinnatiOH 45274-2533 . If (3) above has been marked, within the same time frame set forth above, you may cure this default by your sending, and our receiving, a copy of your homeowners or property damage insurance (including flood insurance if applicable) policy or declarations page. THIS MAY BE FAXED TO ME AT 865 380-1212 OR MAILED TO VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX 9800 M=ville. TN 37802 ,ATTENTIOr*jEi INDA GOODRUM In addition, you may entirely repay the entire amount due under your account. Creditor rights: If you do not correct your default in the time allowed, we may exercise our rights against you under the law by * demanding that you pay the total amount due under the contract; * if you do not pay the total amount due under the contract, taking possession of the manufactured home which secures your contract, and if you do not voluntarily release the manufactured home to us, taking legal action to recover the home; * if the contract is also secured by real property (or is secured solely by real property as the manufactured home has been converted to real property), taking such action as is permitted under the mortgage, deed of trust or security instrument to foreclose on such real property; * if the recovery and resale of the manufactured home and/or foreclosure of real property fails to pay off your obligations under the contract, holding you responsible for the remaining amount due under the contract, and taking legal action against you to collect this amount; * requiring you to pay any amount necessary to pay for our reasonable attorney's fees, legal expenses and other sums to which we may entitled due to your default under the terms of your contract and as permitted by law; and * reporting your default, our recovery of the home and/or foreclosure of the real property, what you owe us and other information about your performance under the contract to consumer reporting agencies. You have the right to redeem (recover) the manufactured home, which is personal property, if you pay us the full amount due under the contract before we resell it. With respect to real property, you have such rights to redeem as may be provided under state law or in the mortgage deed of trust or security instrument which secures your contract. Please note that should you make a payment to us within the cure period which is insufficient to cure your default, we may accept such payment, but our doing so will not mean you have cured your default, and we will continue to have the rights stated above. If you have any questions, write to Vanderbilt Mortgage and Finance, Inc. at the above address or call me 2900 970 7250 between the hours of 8:30 am and 5:30 pm Monday through Friday. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, please send a check or money order, do not send cash. In addition to the rights you have stated above, if we recover possession of the manufactured home, which is personal property, by other than legal process, you have the right under Pennsylvania law to redeem the manufactured home within 15 days following the date we mail you a "notice of repossession." To effect this right, you must pay us by cash, cashier's check, or certified check all sums due and performance of any other obligation in the absence of acceleration, pay reasonable attorney fees as allowed by Pennsylvania law and reasonable costs of proceedings to legal action, late fees and costs reasonably and actually incurred for detaching and transporting the manufactured home to the site of sale. VANDERBILT MORTGAGE AND FINANCE, INC. [Lt 116] United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Le-al Riahtc and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. § Who May I la Le-al Protections Under the SCRA? shall not bear interest at a rate above 6 percent during the period of military service. servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemembei s military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. How Does A Servicemember or Detxnd nt Request Re ief Under the SCRA7 servicemember's military orders. Written notice should be sent to: VANDERBILT MORTGAGE and FINANCE, Inc. 500 Alcoa Trail Maryville TN 37804 Attention: MELINDA GOODRUM Does c tier or Depcndent QbJain Infomiation About he S A'7 How Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: hilp,fliegal ss'st n: law of miltcontemnocatorI2bV Source are: From the United States: 1-800-342-9647. From outside the United States (where available): 1-800-342-6477. International collect: 484-530-5747. P.O.Box 9800 Maryville, TN 37802 7104 7360 2270 0220 2184 MARY A BEAM 17 APACHE DR SHIPPENSBURG, PA 17257 0939420071047360227002202191 Notice of Default and Right to Cure Default Dear: ROY R RI iRKFPILE Dat6J31 /2008 Name and address of creditor: See reverse side. Phon®00 970 7250 Account number: 939420 Certified Mail #1104 7360 2270 0220 2191 Brief Identification of Credit Transaction: Retail Installment Contract, Promissory Note or Assumption and Modification Agreement dated: 7/30/2002 and Secured by Manufactured Home and/or Real Property Amount to be Paid to Cure Default (Total of (1) and (2)): $821 21 You are now in default on this credit transaction. You have a right to correct this default by the later of 45 days from the date you receive this notice or the date on which we transfer title to the manufactured home which secures your account (if the manufactured home is personal property and you do not cure your default within such 45 day period and we recover the manufactured home). If you correct the default, you may continue with the contract as though you did not default. Your default consists of your failure (as marked): (1) X [ ] to maktlvlonthly payment's beginning witl5W68 payment, in the total amount of $ 823.21 , and delinquency and return check charges totaling 00 , resulting in a total amount in default in this regard d0,21 (2) [ ] to pay property taxes or other assessments on the manufactured home and/or real property which secures your contract in the amount of $ (3) [ ] to provide us with evidence of your having adequate homeowner's or property damage insurance (including flood insurance if applicable) on the manufactured or modular home which secures your contract Cure of default: Within the later of 45 days from the date you receive this notice or before we transfer title to the manufactured home (in the event you do not cure your default within such 45 day period and we recover the manufactured home), you may cure your default by your sending, and our receiving, the Amount to be Paid to Cure Default set forth above. PAYMENT SHOULD BE MAILED ALONG WITH PAYMENT COUPON(S) TO: VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX 742533 Cincinnati OH 45274-2533 . If (3) above has been marked, within the same time frame set forth above, you may cure this default by your sending, and our receiving, a copy of your homeowner's or property damage insurance (including flood insurance if applicable) policy or declarations page. THIS MAY BE FAXED TO ME AT 865 380-1212 OR MAILED TO VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX 9800 Maryville. TN 37802 ,ATTENTIONVIELINDA GOODRUM . In addition, you may entirely repay the entire amount due under your account. Creditor rights: If you do not correct your default in the time allowed, we may exercise our rights against you under the law by * demanding that you pay the total amount due under the contract; * if you do not pay the total amount due under the contract, taking possession of the manufactured home which secures your contract, and if you do not voluntarily release the manufactured home to us, taking legal action to recover the home; * if the contract is also secured by real property (or is secured solely by real property as the manufactured home has been converted to real property), taking such action as is permitted under the mortgage, deed of trust or security instrument to foreclose on such real property; * if the recovery and resale of the manufactured home and/or foreclosure of real property fails to pay off your obligations under the contract, holding you responsible for the remaining amount due under the contract, and taking legal action against you to collect this amount; * requiring you to pay any amount necessary to pay for our reasonable attorney's fees, legal expenses and other sums to which we may entitled due to your default under the terms of your contract and as permitted by law; and * reporting your default, our recovery of the home and/or foreclosure of the real property, what you owe us and other information about your performance under the contract to consumer reporting agencies. You have the right to redeem (recover) the manufactured home, which is personal property, if you pay us the full amount due under the contract before we resell it. With respect to real property, you have such rights to redeem as may be provided under state law or in the mortgage deed of trust or security instrument which secures your contract. Please note that should you make a payment to us within the cure period which is insufficient to cure your default, we may accept such payment, but our doing so will not mean you have cured your default, and we will continue to have the rights stated above. If you have any questions, write to Vanderbilt Mortgage and Finance, Inc. at the above address or call me 400 970 7250 between the hours of 8:30 am and 5:30 pm Monday through Friday. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, please send a check or money order, do not send cash. In addition to the rights you have stated above, if we recover possession of the manufactured home, which is personal property, by other than legal process, you have the right under Pennsylvania law to redeem the manufactured home within 15 days following the date we mail you a "notice of repossession." To effect this right, you must pay us by cash, cashier's check, or certified check all sums due and performance of any other obligation in the absence of acceleration, pay reasonable attorney fees as allowed by Pennsylvania law and reasonable costs of proceedings to legal action, late fees and costs reasonably and actually incurred for detaching and transporting the manufactured home to the site of sale. VANDERBILT MORTGAGE AND FINANCE, INC. [Lt 116] United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice I&gal Rights and Protections Under the SCR_A Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. § Who Ma Be Entitled to L W Protectiom l1nder the SCRA? * Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; * Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; * Active service members of the commissioned corps of the Public Health Service; * The SCRA states that, a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service- * The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 90 days after the servicemembees military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 90 days after the servicemember s military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. * The SCRA contains many other protections besides those applicable to home loans. How Dees A Smyicemember or Denerdent Regt st Relief Under the SCRA? * A servicemember or dependent, or both, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemember's military orders. Written notice should be sent to: VANDERBILT MORTGAGE and FINANCE, Inc. 500 Alcoa Trail Maryville TN 37804 Attention: MELINDA GOODRUM How Does a Servi..emember or yk= nden` Ob'°'^ Inf2 msrirm About the, CRA? * Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: huyi/Ieg t law f mil/conteenYlocator oho * The U. S. Department of Defense's information resource is "Military One Source." The toll-free telephone numbers for Military One Source are: From the United States: 1-800-342-9647. From outside the United States (where available): 1-800-342-6477. International collect: 484-530-5747. P.O.Box 9800 Maryville, TN 37802 7104 7360 2270 0220 2191 ROY E BURKEPILE 17 APACHE DR SHIPPENSBURG, PA 17257 Exhibit "C" CERTIFICATE OF TITLE FOR A VEHICLE INN ocEE1 TITLE SPANN rdATE M TRiEa I DATE of IESUE UNLADEN vvoolLr 0DOMEW STATUS a. ACTUM IBMAEE 1 .MLEADE ewe= TIE BLCKMAI LMra E. NDrlm hmm muw S. NOT IM ACMAL Iw.EAr4110MUM TAMPURPRVaRE1W 4. E1EIMr FROM OOOIAEIER DISMOSM TOLII NIANCIS A . AKn= VINCLE C . CLASEC VINM D . coumcm.E VMCLE 1 . DDT Op4cKwm a . OAMINALLY Um FOR NONMI9. M . KNaGLTOIML VOECIE L . warm VOIICLE P • IEp1AE A POLICE VBIICLE R • AOGOIRRIYCTED a . aRIEET' Am T . IECOVeEO flBTVV4=X V . vamas m apas waaIII® m w . Nano Von, X .IEAMAEATAX F I NAN?E a a nwW AwanaNr w 6AAd upon aOMWbn of aN *0 INn, aw ONI ' Iadlddr anll i;iW! w tla TAN a to Siam, at ~ VON" VAT at FIRST LEN RELEASED LPPIaPW Anal and Im ,r ODOMETER DISCLOSURE':-,C-VERAL LAM ' psONltapCOOVENERIEI ? . ? A' ROY E. AURKRILE E BEAM LOT 54 Y' LENMOOD PARK SHIPPSISBURG PA 17257 FIRST LIEN FAVOR OF: SECOND LIEN FAVOR M. VANDERJILT MORTGAGE E INC AUTIIDRIED TAEPRESBifATNE VALNS ADDRESS $ECOND LIEN MEAEW DATE Er AUIFIDN® R6'fESEMATIVE VANDERBILT MORTGAGE E FINANCE INC P u BOX 9800 MARYVILLE TN 37802 OD I awwy _w. ?ai . d..IaN1A, rr a nowda g !Ml DapwYlrnl AL.L.EN _ 0..R1.EHL.ER _ ._ dY?on NBUS aLr TM DaTam(gq a aaTEanl nwlwd L??IiNJ owwr a rIa aW Va14r SaweTaey t TTaagMalfaa R s ODVWP raw oElar slwl VOW apart b EArd OW you wM so Wo w ISCIIBm AND SWAM ba Ib Md m 'JOYS TwTwol VVEI P44 d &nkv aW Pn dadR of cm SEFM LE: omm. so gm to swo tIE o - 3 CHECK HERE O.O@Wwin. to BEa we be HwI W IM TBwo M Comm V (On d@0 at OIB MO. MEN of TMeeaaaadownw mu to IIMRm bats ar asMI. IST Lam DATE 1ST LIENNOLDER MEET IT CITY FRiANpK7NSTMI IM NUMBER 9M LIEN DATE: ?ft%mWd r ,,• ••I? r i.a s r+? ? r a .r.. Yri d a p??ryr we LIENILoum" smET G WAME OF AA 0701% A1111DADED SION COY FWAFMAL INS...IR10N MUNK14 SWVJ w OF E04PR16ANrM"CF AVIVOOM 90111111 wNOLam, 04" U STATE ar ?. F NO LM , {.7BCR E] STATE ZIP -R c? l;A7 til T7"Y n ?. t . m n'V Q?- 400- CASE NO: 2008-06179 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VANDERBILT MORTGAGE AND FINANC VS BURKPILE ROY E ET AL ROBERT BITNER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BURKPIKE ROY E the DEFENDANT , at 2030:00 HOURS, on the 21st day of October , 2008 at 17 APACHE DRIVE SHIPPENSBURG, PA 17257 ROY BURKPILE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. SHERIFF'S RETURN - REGULAR Sheriff or Deputy Sheriff of by handing to Sheriff's Costs: Docketing Service Affidavit Surcharge /012!1/01, 4- 18.00 16.00 .00 10.00 .00 tf 44.00 So Answers: R. Thomas Kline Sworn and Subscibed to before me this day of , 10/22/2008 RICHARD SQUIRE B Deputy Sheriff A.D. .r' `CASE NO: 2008-06179 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VANDERBILT MORTGAGE AND FINANC VS BURKPILE ROY E ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BEAM MARY A the DEFENDANT , at 2030:00 HOURS, on the 21st day of October , 2008 at 17 APACHE DRIVE SHIPPENSBURG, PA 17257 by handing to ROY BURKPILE, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16.00 Sworn and Subscibed to before me this of , So Answers: io 0 O-A e: ? ? 'e, ?- 0 R. Thomas Kline 10/22/2008 RICHARD SQUIRE By: Deputy eriff A.D. day Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Vanderbilt Mortgage and Finance, I PLAINTIFF, V. Roy E. Burkepile Mary A. Beam 17 Appache Dr. Shippensburg, PA 17257 DEFENDANT'S. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2008-06179 Civil Term CIVIL ACTION AS SUMPSIT/REPLEVIN/EJECTMENT PRAE IPE F JUDGMENT FOR FAELURE TO ANSWER ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Roy E. Burkepile and Mary A. Beam, Defendants for their Failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Replevin of the 1992 Holy Park Manufactured (mobile) Home having VIN No. 01FP26414 and assess Plaintiff's damages as follows: As set forth in the Complaint $29,483.76 Interest from 10/06/2008 to 11/25/2008 397.50 TOTAL $29,881.26 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. O' r is azd .Squire, lfs-q'e??- Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: ?) "'t II ;-ze 11 It *-& P THONO Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Vanderbilt Mortgage and Finance, Inc PLAINTIFF, V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2008-06179 Civil Term Roy E. Burkepile Mary A. Beam 17 Appache Dr. AS SUMPSIT/REPLEVIN/EJECTMENT Shippensburg, PA 17257 DEFENDANfiS. VERIFICATI N OF NON-mmaARY SERVICE Richard M. Squire, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the Defendants fare not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that Defendants Ro? E. Burkepile and Mary A. Beam are over 18 years of age and reside at 17 Appache Dr., Shippensburg, PA 17257. This statement is made 4ubject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ---? ichard M. Squire, Esquire Attorney for Plaintiff Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date 'b eL-eM 6 Er 1 , gD'63' Vanderbilt Mortgage and Finance, Inc.' PLAINTIFF, V. Roy E. Burkepile Mary A. Beam 17 Appache Dr. Shippensburg, PA 17257 DEFENDANTS. NOTICE TO: Roy E Burkepile 17 Appache Dr. Shippensburg, PA 17257 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on l a -yl - jZ6 , a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. A/I & Pro ry Deputy Prothonotary Daie Mailed: /a - -;2- - 0 1- Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date Ve_-eAtber !, 266 Vanderbilt Mortgage and Finance, loc. PLAINTIFF, V. Roy E. Burkepile Mary A. Beam 17 Appache Dr. Shippensburg, PA 17257 DEFENDANTS. NOTICE TO: Mary A Beam 17 Appache Dr. Shippensburg, PA 17257 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on 6 ] - D) - AOd r , a judgm nt(decree)(order) was entered against you in this office in the proceeding as indicated above. Protheflojrji? Deputy Prothonotary Dale Mailed: " a- ' d Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Vanderbilt Mortgage and Finance, Inc., PLAINTIFF V. Roy E. Burkepile Mary A. Beam 17 Appache Dr. Shippensburg, PA 17257 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-06179 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE DEFENDA14TS. TO: Roy E Burkepile 17 Appache Dr. Shippensburg PA 17257 DATE OF NOTICE: THIS NOTICE IS SENT TO YOU Il1 AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. ANT NOTICE YOU ARE IN DEFAULT BECAUS APPEARANCE PERSONALLY OR COURT YOUR DEFENSES OR OE YOU. UNLESS YOU ACT WITHIN JUDGMENT MAY BE ENTERED j MAY LOSE YOUR PROPERTY OI THIS NOTICE TO A LAWYER AT CANNOT AFFORD ONE, GO TO ( OUT WHERE YOU CAN GET LEC INFORMATION ABOUT HIRING YOU HAVE FAILED TO ENTER A WRITTEN BY ATTORNEY AND FILE IN WRITING WITH THE fECTIONS TO THE CLAIMS SET FORTH AGAINST TEN DAYS FROM THE DATE OF THIS NOTICE, A .GAINST YOU WITHOUT A HEARING AND YOU OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE ONCE. IF YOU DO NOT HAVE A LAWYER OR R TELEPHONE THE FOLLOWING OFFICE TO FIND AL HELP. THIS OFFICE CAN PROVIDE YOU WITH LAWYER. FAClientsWanderbilt\Burkepile - 217R\Ten Day Noticesmpd IF YOU CANNOT AFFORD TO HARE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. wyer Referral Service and County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-2149-3166 and 800-990-9108 FAClientsWanderbilt\Burkepile - 217R\Ten Day Noticesmpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, Pa 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Vanderbilt Mortgage and Financed Inc., PLAINTIFF, V. Roy E. Burkepile Mary A. Beam 17 Appache Dr. Shippensburg, PA 17257 DEFENDANTS. TO: Mary A Beam 17 Appache Dr. Shippensburg PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2018-06179 Civil Term CIVIL ACTION MORTGAGE FORECLOSURE DATE OF NOTICE: November 1212008 THIS NOTICE IS SENT TO YOU I AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. ANT NOTICE YOU ARE IN DEFAULT BECAUS: APPEARANCE PERSONALLY OR COURT YOUR DEFENSES OR OF YOU. UNLESS YOU ACT WITHIN JUDGMENT MAY BE ENTERED j MAY LOSE YOUR PROPERTY Of THIS NOTICE TO A LAWYER AT CANNOT AFFORD ONE, GO TO ( OUT WHERE YOU CAN GET LEG INFORMATION ABOUT HIRING 2 YOU HAVE FAILED TO ENTER A WRITTEN 3Y ATTORNEY AND FILE IN WRITING WITH THE ECTIONS TO THE CLAIMS SET FORTH AGAINST FEN DAYS FROM THE DATE OF THIS NOTICE, A GAINST YOU WITHOUT A HEARING AND YOU OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE )NCE. IF YOU DO NOT HAVE A LAWYER OR t TELEPHONE THE FOLLOWING OFFICE TO FIND ?L HELP. THIS OFFICE CAN PROVIDE YOU WITH LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSC NS AT A REDUCED FEE OR NO FEE. L "er Referral Service Cumbe and County Bar Association 2 Liberty Avenue j Carlisle, PA 17013 717-249-3166 and 800-990-9108 C t ?. J 41 C C) 4-1 ?(Jl> C ro c fi a N C?7 rC") w fat 0 Ti 't. 1`) ', iJ IN THE COURT OF C0M[MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vanderbilt Mortgage and Finance, Inc. File No. 2008-06179 Plaintiff COSTS (to be completed by Prothonotary) V. Roy E. Burkpile Mary A. Beam Defendants PRU TO THE PROTHONOTARY, (check appropriate block) : Pltf. Paid : Deft. Paid : Due Prothonotary: : Other Costs OF SAID COURT: (X) Issue two (2) writs of ossession in the above captioned case and direct Sheriff to deliver possession the following property to plaintiff. A 1992 Holy Park M ufactured (mobile) Home having VIN No. 01FP26414 located at: 17 Appach? Drive, Shippensburg, PA 17257 (_) To satisfy the costs against the defendant(s), direct Sheriff to levy upon the interest of the defe0dant(s) in the following described property and to sell the same: Personal Property as fi llows: (__) Real Estate as per the attached description Date: November 25, 2008 Signa Print Addrn Jenkintown, PA 19046 Attorney for: Plaintiff Telephone: 215-886-8790 Supreme Court ID No.:04267 Q Q0- ht ?$ t -90 5s- 4 t. 14k WZ WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VANDERBILT MORTGAGE AND. FINANCE, INC. VS. No. 08-6179 Civil Term ROY E. BURKPILE MARY A. BEAM Costs Attorney's $ 176.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland 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: (Plaintiff (s)) VANDERBILT MORTGAGE AND FINANCE, INC. being: (Premises as follows): A 1992 HOLY PARK MANUFACTRUED (MOBILE) HOME HAVING VIN NO. 01FP26414 LOCATED AT: 17 APPACHE DRI?E, SHIPPENSBURG, PA 17257 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. O C is R. Lon onotary Common Pleas Court of Cu Berland County, PA Date DECEMBER 1, 2008 (Seal) ^w 2of2 No 08-6179 Civil Term IN THE CO RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VANDERBILT MORTGAGE AND FINANCE, INC. VS. ROY E. BURKPILE MARY A. BEAM RIT OF POSSESSION .R.C.P. 3160-3165 ETC. Costs Att'y Plff (s) Prothy Sheriff $ 176.50 $ 2.00 Plaintiff (s) at rney name and address: RICHARD M SQUIRE, ESQUIRE 115 WEST A E. SUITE 104 JENKINTO , PA 19046 215-886-87961 Supreme Cowl ID No.: 04267 Attorney for Plaintiff (s) By virtue of this writ, on the named - appurtenances, and Sworn and subscribed to before me this Day of Prothonotary Where papers may be served day of I caused the within _, to have possession of the premises described with the So Answers, Sheriff By Deputy 7 I ? , By virtue of this writ, on the day of I caused the within named _ to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , I Sheriff f By a Z4 Sheriff's Costs: Advance Costs: 225.00 Sheriff's Costs: 69.36 Docketing 18.00 155.64 Surcharge Prothy 30.00 2.00 Refunded to Atty on 12/5/08 Milage 18.00. Poundage 1.36 t/ ?.z,?r/DP C 0 69.36 J ?J C: S Z :E d Z - 330 809Z Vd .A 1 JJIi IHS j},! 0 " LIZ Y3 ,? ; Y3 is 2of2 No 08-6179 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VANDERBILT MORTGAGE AND FINANCE, INC. vs. ROY E. BURKPILE MARY A. BEAM WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 176.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: RICHARD M. SQUIRE, ESQUIRE 115 WEST AVE. SUITE 104 JENKINTOWN, PA 19046 215-886-8790 Supreme Court ID No.: 04267 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of . I caused the within named to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of Prothonotary So Answers, Sheriff By Deputy Y W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VANDERBILT MORTGAGE AND FINANCE, INC. VS. No. 08-6179 Civil Term ROY E. BURKPILE MARY A. BEAM Costs Attorney's $ 176.50 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland 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: (Plaintiff (s)) VANDERBILT MORTGAGE AND FINANCE, INC. being: (Premises as follows): A 1992 HOLY PARK MANUFACTRUED (MOBILE) HOME HAVING VIN NO. 01FP26414 LOCATED AT: 17 APPACHE DRIVE, SHIPPENSBURG, PA 17257 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. 24d?N? C is R. Long, o onotary Common Pleas Court of Cu berland County, PA Date DECEMBER 1, 2008 (Seal)