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HomeMy WebLinkAbout09-4220Richard 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. Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 69 - Naao l:1v?L Terk CIVIL ACTION AS SUMPS IT/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 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 and 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 provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 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. Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION 014 AS SUMPSIT/REPLEVIN/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 2. 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. Defendant, Kevin D. Moore, is an adult individual residing and/or maintaining an address at 7 Buffalo Dr., Shippensburg, PA 17257. 3. On or about October 21, 1999, Defendant, Kevin D. Moore and Vickie K Detwiler-Moore (deceased 04/12/2007) executed a Manufactured Home Retail Installment Contract (hereinafter referred to as "Contract") pursuant to which Defendant expressly agreed to pay to Plaintiff the sum of $55,285.50 for a 2000 Fleetwood Heritage Point Manufactured (mobile) Home having Serial No. VAFLX19AB03127. A true and correct copy of the Contract is attached hereto as Exhibit "A" and made a part hereof'. 4. Pursuant to Page 1 of the Contract, Defendant was and is obligated to tender and deliver to Plaintiff $624.83 per month for 360 consecutive months commencing November 21, 1999. COUNT ONE - IN ASSUMPSIT (Vanderbilt Mortgage and Finance, Inc. v. Kevin D. Moore) 5. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 6. Defendant 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, Defendant failed and/or refused to tender and deliver to Plaintiff the aforesaid monthly payments from February, 2009 through the present date. 8. Plaintiff, and/or its agents, has provided Defendant with written notice of the default. A true and correct copy of such notice is attached as Exhibit "B" and made a part hereof. 9. Despite being provided with written notice of default, as aforesaid, Defendant has failed and/or refused to cure the default. 10. As a result of the uncured default under the Contract, Defendant is liable for Plaintiffs costs and attorneys' fees pursuant to Page 2 thereof. 11. As of June 5, 2009, Defendant's outstanding balance is $62,024.05, calculated as follows: Principal and Interest through 06/05/2009 $56,385.50 Attorneys' Fees Total $5,638.55 $62,024.05 12. Interest shall continue to accrue at $19.97 per diem until the Principal is paid in full. 2 13. Plaintiff has demanded the total amount due from Defendant, but Defendant has failed and/or refused to pay the same. 14. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 1.5 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 Defendant, Kevin D. Moore, for the sum of $62,024.05 plus addition pre judgment per diem interest of $19.97, additional post judgment per diem interest, additional attorneys' fees, additional costs; for immediate possession of the Manufactured Home; for immediate ejectment of Defendant; and for such other and further relief as the Court deems just and proper. 3 COUNT TWO - IN REPLEVIN (Vanderbilt Mortgage and Finance, Inc. v. Kevin D. Moore) 16. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 17. Under the terms of the Contract, Defendant 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, Defendant has 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 provides 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 7 Buffalo Dr., Shippensburg, PA 17257. WHEREFORE, Plaintiff demands that judgment in replevin be entered in its favor and against Defendant for immediate possession of the Manufactured Home; for immediate ejectment of Defendant; 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. Kevin I). Moore) 22. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 23. Defendant is 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 Defendant for immediate possession of the Manufactured Home; for immediate ejectment of Defendant; 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: M. Troy Fre dman, Esquire 115 West Avenue, Suite 104. Jenkintown, PA 19046 215-886-8790 Attorneys for Plaintiff Date: June 19, 2009 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. Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANT 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 unsworn falsification to authorities. -rte M. Troy Free an, Esquire Attorney for Plaintiff.' Date: June 19, 2009 Exhibit "A" ' MANUFACTURED HOME Sailer LITYITY N Buyer ILLER, VICKIE K. RETAIL INSTALLMENT CONTRACT 3076 CARLISE RD GORE, KEVIN D. PENNSYLVANIA DOVER, PA 17315 7 BUFFALO DRIVE No. SHIPPENSBURG, PA 17027 Dg, OCTOBER 21,1999 'We' and mean the Salter above, 'You' and your mean each Buyer above, its successors and assigns. and guarantor, separately and together. SALE: You agree to purchase from us the manufactured home described below. together with the related services, fumishings, appliances, and aeries listed below (taga8rer referred to as'Manufacttred Homej. Your purchase of the Manufactured Home is subject to the terms of this Contract.'Corarect° means ewe document and any separate document that secures this Contract. F-LEETiIOOD BERITAGEaPOIN?E 2000 VAFLKu 03127 L48 - I 28? color New ? Used Services, furnishings, appliances, and accessories include: ? Tires and Wheele ? Axles ? ReMPISIOr ? OventRange ? Washer ? Dryer ? A/C Unit($) ? Awning(s) ? Skirting ? Accessory Shed ? services ? Other Location of Manufactured Hone after delivery to Buyer. INDIAN SPRING 7 BUFFALO DRIVE Doccriaion a Trade-irc PROMISE TO PAY AND PAYMENT TERMJ:2Y%Tornlse to pay us the principal amount o f$ 57,496.92 plus interest on the unpaid balance at the rate(s) of per year until the final sa,eduled payment time, hgefeSl d begot IO 2tSrn12 On r and will accrue on a day basis. After the feel scheduled payment dab, or after you dehult and we domard payment, we will *am interest on are geld principal balance at the rate of % Per seer You agree to pay ode Contract according to the payrthant adhedwe and late charge provisions shown in ail TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amonls according to the tame of this Contract. A lab charge 0 provided In the TRUTH IN LENDING DISCLOSURES, ova be Imposed only once on a late payment. A late charge will net be colHdad on the final adheduled payment, but Intelsat wall continue to accrue at the applicable contract rate. ? ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of S that will be ? pall in anh. ? financed (see ITEMIZATION OF AMOUNT FINANCED). ? paid WoPordonaM with each payment. DOWN PAYMENT: You sho agree to pay, or apply to the Cash Price, on or before Ways deb, any ash, rebels and no[ tradekn value described in the ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may, but are not required to ? must pay certain ehPahses and fees from an escrow account. H an escrow loco nt Is alabb had, it will be governed by a separate agreement. TRt1TN IN LENDING DISCLnSNRFS ANNUAL FINANCE MIOUNT FWANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The arrhourt of hxedb ihearronlyouwi have Th. row mai of your hxeohass on The cost of your credit as The dotter amount she Provided b you or on b h lf pad VA W you have made dW s n d d wade, including your down payment eyes rate. 31 13 credit will eat you 169 649 7 your e a . he a s e I a a S 3,000.00 % . , . 0 55,285.50 S 224,935.20 Pa nt Schedule: You r payment schedule will be Number of-Payments Mountof Payments When Payments Are Due 360 $624.82 MONTHLY BEGINNING NOVEMBER 21,1999 Security: You are giving a security Merest in the goods or property being purchased. ? You are giving a security Interest In he real property at ? f 7 IJ Late Charm if a payment is more than 15 - days We, you will be charged IUZ Of 111r; PAYMENT . Prepaymank If you pay oft this Contract early. you will not have to pay a penally. ? 8 you pay o8 this Contract early, you will net be entitled to a refund of pen age Additional Finance Charge. ASSUMPTION: Someone buying your manufactured Home ? may subject to conditions; be allowed to S cannot assume this Contract on to original terms. Contract Provisions: You an see the forms of this Contract for any additional information about nonpayment, !anus, any required ant before the scheduled ate, and prepayment refunds and net ' 'e' means an ua BUYER RESTRICTIONS: If you do not meet this Contract's obligattore, you may lose the property that you bought In this seta. SECURITY: To secure your payment and perfamhaha urhder the tenors a cuts Cortrecl, you give to a waxily interest In 00 Manulaetred Home (cue detlhed above) and, unloose prsMhaed Dy low. as prwerht end future ecaseiorw b oho ManWacWred Nome (ezapt that soceaiom wed not rhdude Tdhuehdhi goad! m n the FTC Credit Prcctirxe Rub, 16 C.F.R. 414,1 we do not finance Re purchase Of such household goon). I YOU do net meet your Conrad obligations, you may loss your tow, and the real estate ascribed in any mot(gBgE 0r deed III v w 0 arty). ? This COflW ES 2)06 WWred a separate mortgage or deed of true doled , on real estate, as shown in the TRUTH IN LENDING DISCLOSURES. The term 'Property" means all property securing this Contract. CREDIT INSURANCE: Credit His. dedil disability (accident and health or accident and sicimess), and any other insurance ooverappBe quoted babes. are not npWretl fo oDWn weds and we win not provide tam unlap you sign and egrets b pay tM addlbrhel premium. a you wane such Insurance, we will oltain It for you (if you quallW for ??gbe). Wa fire quoting below ONLY Iha covaragss you eve P• Credh Life: Insured ? Single ? Jere Pram S Term Credit Disability: Insured ? Single ? Joke Ran $ Tam NamedkeuaoaCmhpay. Your signature below means you wan (gRly) line IrI511faIICE C(tVBfa9 ) gUOIDd above, If none are quoted, you have declined any coverages we offered. buyer Nab Buyer Nob Buyer Kolb Buyer Kolb PROPERTY INSURANCE: You are required to insure the Property securing this Contract with the following minimum property insurance coverage: You may phase or provide the h15ufm thno any ingura m compary that is syouwMpay$ tew& wwI/youg?she u ante u of coverage. Uabllay Insurance coverage for bofHly In)ury anhdlor property ITEMIZATION OF AMOUNT FINANCE 800.00 Manufactured Hans Prise N/A $5 (Ihckrding saes tax of S ) N/A Sayer ProEeetl6N5enbs Plan, Pad to: ' $ 57,800.00 1. Cash Price $ ManuhdureYn Rebate $ N/A Cash Down Payment SSu t ? 00 Trade-in Allowance 1 $ N7? Lou: Amount Owing $ ?- To: i Net Trade-in j N !A 4. Total Down Payment (Intro 2 piss line 3) $ 3.000.00 S Unpaid Balance of Cash Prim pile 1 minus she 4) S ? Fees Paid to Others: 22.50 Pad to Pudic Officials - Filing Fees Only $ Pad to Pudic Officials - Other than Filing Fees S- Insurance Premiums' S -78$7 UU- (To: ) (To: ) (To. ) N/A AddMpEbM Charge(s) Paid To Seller $ To. E ---.UT- To: S M. OU- To: S- 0. Subtoul (line 5 plus all Fees Pad to Others) S 7. Prepaid Finance Charges S Amount Financed (line 6 minus line 7) S. ZBS3? 'We may retain or receive a portion of this amount. NOTICE TO BUYER OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or deed of trust In the Property you agree to the following: A. You will defend our Interests In the Property against claims made by any= 6156. You will do whatever is necessary to keep our claim to the Property valid B. The security Interest you are gMng us in the Property comes ahead of the claim of any other creditor. You agree to sign any additional documents or provide us with any additional Information we may require to keep the priority of our claim to the Properly. You will not do any"Ing to change our (merest In the Property. C. You will keep the Property in your possession in good condition and repair. You will use the Property for No 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 mk Contract. 0. You with not try to eel or transfer arty rights In the Property without our prior written consent. E. The Manufactured Home we remain personal property and the Contract Is paid In full. Unless we give you prior written consent, you WIII not allow the Manufactured Home to become a pan of real estate or to otherwise lose its treatment as personal property under applicable law. F. You will pay ah taxes, tees, expenses, and assessments on the Property when due. G. You will notify w of any loss or damage to the Properly. You will provide us reasonable access to the Property for the purpose of inspection. DEFAULT: You will be in default on the Contract N arty one of the following occurs (except as prohibited by law): A. You fall to make a payment when It Is due. S. You fall to perform any obligation that you have undertaken in this Contract (which includes doing something you have agreed not to do). if you default, you agree to pay our reasonable attorneys' fees, beginning with the commencement of Is at action, and up to 660 Incurred after the NOTICE OF DEFAULT and before normencemenl of 6 legal action (25 prat+bed In Pa. SIaL Mts. Vt. 69 J 623) and teas for Property securing this repossession, repair, storage, and cab of the Contma It an event of default occurs as to any one of you, we may -oserdse our remedies against arty or all of you. NOTICE OF DEFAULT: if you are M 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 lt. We will not accelerate me unpaid balance of this Cordnact repossess or foreclose on any Property until after we send you the Notice and any axe period it describes has pawed. We may not be required to send you a Notice It (1) you have abandoned the Manufactured Homo, (2) you received two Notices in the prior one-year period, or (3) other extreme circumstances exist. After repossession you may have additional (but limited) rights under Pa. Slat. Ann. lit. 69 Q 623 to reinstate this Contract any erne up to the date of transfer of title to the Manufactured Home, by paying the installments in default without acceleration, plus any oiler obligation which you have not fulfilled, without acceleration, plu5 our om and 1666 a'- by the law atea. REMEDIES: N you are in default on this Contract, we have all of the remedies provided by law, this Contract, and any separate personal property security agreement, real estate mortgage, or deed of trust. Sabre wig 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 hha following: A. We may require you to Immediately pay us, "ad to any refund required by law, the entire principal balance, plus earned Internal and all other agreed defies. B. We may, but are not required W. pay taxes, fees, expenses, assessments, or other hens or make repairs to fat Property N you how not dab am Any amount we pa will be added to the amount you owe us and will be due immediately. This amount will ear interest from the date paid at the rate(s) „r ,,,,y,`u` , ",,, this Mariufectured Home 13eguialane,?our rightvy"to make you pay o6 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 oowrege Indicated In the PROPERTY INSURANCE section, or as we otherwise require. You must name us as loss payee on ally Such policy. III Ole event of 1033 or damage to the Properly, we may require additional security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. It insurance proceeds paid to us do not pay off this Contract, you are responsible for the balance. You will keep the insurance in effect uma this Contract is pail in Jul. N the premium for property Insurance in Included in the Amount Financed and the insurance is canceled or temsroted before this Contract is paid In lull, then you agree to give w 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 bury insurance to protect our interest in the Property. The Insurance we buy may Include coverages beyond those we require you to buy and may be from a company you might not choose. The rate we pay may be higher than a rate YOU might have to pay ff you buy It yourwff. We will add the premium for this Insurer= to me amount you owe us. Any amount we pay WIII be dire imrnedately. The amours WIN Gam interest from the date paid at the applicable contract rate(s). OBLIGATIONS INDEPENDENT: Each of you who signs this Contract is independently responsible to pay it and to keep the other promises made in this Contract. This Is true even It A. Someone elm has also signed it. B. We release or do not try to tolled from another who Is also responsible to pay this Contract. C. We release any security or do not try to take back any Property. D. We give up any other rights we may have. E. We extend new credit or renew this Contrail WARRANTIES: We will provide any warranty information to you separately. WAIVER; To the $X*n1 psrmnted by law, you agree to give up your rights to require us to do up any rights him we I>rovlded In certain things. (for example, sea the NOTICE OF DEFAULT seellon). Unless the low or this Contract provide oflN whirs wo ale not required tit: (1) dernsttd payment of amounts des; (2) give notice that amounts due haw net been psld, or have not been paid In the appropriate amount, dres, or msnnsr; or, (3) give nalce that we Intend to make, or are making, this Contract ImmadlNsy due. NOTICE OF PROPOSED INSURANCE: It so Inflated an to from of this Contract, credit Iffe Insurance coverage andlor credit accident and heath insurance coverage wan apply to this Contract. The Insurance company named on the front of this Contract will write the insurance. The Insurance covers only the person(s) sighing the request for insurance. The charge for each type at credit insurance to be purchased is as Indicated on the front of this Contract. The term of insurance will begin as of the date of thee Contract and will and on the original des dab of I" Contract. Subject to acceptance by the Insurance company and within 30 days, a is sp prepaid before ft Is due, a C refund of insurance charges will be made when due. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ASSIGNMENT BY SELLER: The following Is not part of the Contract between you and the Seller. h l8 pBin of On agreement between the Seller and any Assignee. An "Assignee" is someone who may own this Contract or the right to receive your payments, or both. Seiler sells and assigns this Contract to the Assignee, the sucasoors and assigns, indWing all Rea nights, title. and imerest In #ft contract, and any guarantee or separate security device. Soler gives Aealpnes till power, either in its own name or In Babes name, to take all legal or other actions which Soler could hove taken under this Contract. (SEPARATE AGREEMENT: N this Assignment ismule 'under the terms of a separate agreement' as indicated in the ASSIGNMENT motion of this Contras, the brms of this assignment are described in a separate writing(s) and not as provided below. union the separate wming(s) incorporate this agreement in whole or in part) Seller warrants: A. This Contract represents a sob by Seller to Buyer on a time pit= basis and not on a cash basis. B. The statements contained In this Contract are true and correct. C. The down payment was made by the Buyer In me manner stated in this Contract and, except for the application of any manufacturer's rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. This sale was completed In accordance with all applicable laws and regulations. E. This Contract is void and enfonsable. not F. The names and signatures on thin ContlBCt are not forged W11JOUS, or a33Ume0, Arid are the and correct. G. This Contract is vested In IM Seller free of all lens, is not subject to any claims or defense of the Buyer, and may he JIM Or ASSlQrred by he Soler. H. A completely titled-In copy of this Contract was delivered to the Buyer at the amt of execution. L The Manufactured Home has been delivered to the Buyer in good condition and has been accepted by Buyer. J. Soler has or will perfect a security interest in the Property N favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand, purchase this Contract from Assignee. The purchase shah be in cash In the amount of the unpaid balance (including interest) plus the costs and expenses of Assignee, iaiudrg attomeya' fees. Seiler will Indemnity Assignee for any loos sustained by N because of judicial set-oil or as tie result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seiler. Soler wades notice of the acceptance of We Assignmem, notice of non-payment or nonperformance, and notice of any other remedies available to Assignee. Assignee may, without notice to Seiler, and without affecting the liability of Seller under this Assignment, compound a rekmse ary rights against, and grant extensions of time lot payment to be made, to Buyer and any other person obligated under this Contract. UNLESS OTHERWISE INDICATED IN THE ASSIGNMENT SECTION OF THIS CONTRACT, THIS ASSIGNMENT IS WITHOUT RECOURSE. WITH REGOME: II Ihl5 Assignment is made 'with repouree• as indicated in the ASSIGNMENT section of this Contract. Assignee take this Assignment with certain rights of recourse against Seller. Seller agrees that O Ine Buyer delaulla on any oblkJation of pay 1 or performance under this Contract, Seller will, upon demand, repurchase this Contract for the amount of the unpaid balance, Inc ud ing inteded and any other charges, due at that Nine. Disbursement Date: (Thla data Is for Tide 1 HUD Insurance purposes and may be completed after the Contract Is signed to reflect the actual disbursement data, and not any estimated disbursement dare. it may appear ony on the original form.) O rwxeWes ay"r,".ds.. el Glen all fa',n R&YU,br?a,t? ` • r ? ? eae.YpYh per year untn me fnai sbneauea payment Data. interest wa oegm to awrue un 5 and will accrue on a Jbu day basis. After the anal scheduled payment date, or after you default and we demand payment, we will sam Interest on die urn d principal balance at the rate of %per ear. You agree to pay this Contract sword ft to the payment schedule oral Iste charge provisions shown ?iNn the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts in the aOCDrt*lg to tie terms TRUTH A charged harge of with ye d mot b c lleccted on IcheMnnel provided led payment, butlimeerre Iwill continu to licenES, se a (thee appal conlra a Into PAyment. ? ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance charge of E that will be ? paid in cash. ? financed (a" ITEMIZATION OF AMOUNT FINANCED). ? paid proportionally with each payment. DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net hade4n value described in the ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may. but are riot required to ? most pay certain eveross and iris Iron an escrow account. II an escrow account IS astabpNed, it will be governed by a separate agreement Tot rru to I FunnUrt rocs ns1IRFS ANNUAL FINANCE AMOLIp1TFWANCED TOTALOFPAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount of credit The amount you we have The Ictal cost of your p rchass on reredit as The cost of your The closer 1 m the i provided to you or an paidwhenyou have made t audit. Including you down payment cr yearly you your behalf. ed paymaae. at sdieou a $ 3,000.00 13.31 % S 169,649.70 5,285.50 s 5 224,935.20 A Pa ent Schedule: Your Payment be Number of Payments Amount of Payments When Payments Are Due 360 $624.82 MONTBLY BEGINNING NOVEMBER 21,1999 Security: You are giving a security Interest In are goods or property being purchased. ? You are giving a security interest in the real property at Late Charge: If a payment Is more than days late, you win be charged YMENT Prepayment: N you pay on this Contract early, you will not have to pay a penalty. ? if you pay off this Contract early, you will not be enticed to a refund of part Of the Addllonal Finance Charge. ASSUMPTION: Someone buying your Manufactured Home ? may subject to conditions be allowed to In cannot assume this Contract on qe original terms. Contract Provisions: You ban see the terms of this Contract for any additional Information about nonpayment, defaulL any rapquulred `e'rtwans en estwww Iles. repayment belore he scheduled date, and prepayntent refunds and parts - BUYER RESTRICTIONS: If you do not most this Contract's obigatons, you may toes he property that you bought In star sate. I SECURITY: To secure your payment arM psdormwm under the wm m of tts Contract, youlpiw uso mat Ins f not see demad above )) and, when pmhbiwd DY law, all present and future accessions to We Aanut ndude'7wuaelgld goods' as donned in tlw FTC Credit Practices Rule. 16 C.F.R. 444. N we do not finance the purdws of Such household goods). ,If You do not meet your Oonha(10901111 YOU 11187 We YOUr ME, and VIA IAN gate dll OW in ary morlgepe or deed Of Inat (d any). This Contract is also secured by a separate rnantgage or deed of trust dated , on real estate, as shown In the TRUTH IN LENDING DISCLOSURES. The tern 7ropery means all property searing this Contract CREDIT INSURANCE: Credit Ito, credit disability (accident and heath or accident end afrkness), and any other insurance average quoted below, r them nleas you sign and apes to pay tlw additional ion iim. rnwl?deu want such insurance, we will obtain it for you (If you quail for coverage). We are quoting below ONLY this coverages you ve chosen to purchase. Credit Life: Insured ? Singfs ? Jant Rem S Tent Credit Disability: Insured ? Single ? Joint Ram; Teton Name of Ins rams Conpary. Your signature below means you want (only) the ksuranca cmmAs) quoted above. It none are punted, you have decikted any coverages we offered. Buyer dfab Buyer dlo/b Buyer Korb Buyer ddb PROPERTY INSURANCE: You are required to Insure the rPyrroop?erty securing ?rthis r?Contract with the following minimum rt ?,.,.,"`7 gtsurarlce coff.eo. You may purchase or provideacceNw insurance through any Insurance company ?ugh Lis YOU will Pay S "w3 a caw. tl YOU for tiros of fromfof coverage. LJabalty Insurance coverage for bodily In u and/or property damage posed to others Is NOT Intl In this dntrebl unwss chocked and indieatad below. ? The following Nobility Insurance Is Included in this coverage: ? BUYER PROTECTIONISERVICE PLAN: With your purchase of the Manufactured Home, you have elected to purchase the follow" optional buyer protection or service plan (`Plan'): The Plan covers and will be in effect See the Plan documents for detass. ASSME.r%Ip %o tact is assigned to Assignee (identify): L'U BOX 63U WIL&ES-111ARRE, FA L0703 This assignment Is made ? under the terms of a separate agreement. _the tams of the ASSIG ENT BY SELLER section In 'thle an me a. Seller By Nano end TW PEMNSYLVAMLA MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT ?' Odes-sw-e¢,9<cue.ar Fame AIHMM` PA- ITEMIZATION OF AMOUNT FINANCIf, 800.00 Manufactured Home Prim N/A E (ecludag own lax of $ ) N/A Beyer Prowctlo4erviee Plan. Paid la E ' S 57,800.00 N/A 1. Cash Price Manufacturer's Rebate $ -7;000-. 00"-- 2 Cash Down Payment It 3, 000' 00 Traae'In atbwancs S- Less: Amount Owing $ To: 9. Net Trade In S 3.000.00 4. Total Down Payment (Ina 2 plus One 3) S a. Unpaid Selatos of Cash Price (fine 1 minus Orie 4) $ - ? Fees Paid to Others: 22.SO Paid to Public Officials . Filing Fees Only $ Paid to Public Officials . Other then Filing Fees $ OT- Insurance Premkans' (To: ) (To: ) (To: ) N/A To: Addit$f Charge(s) Paid To Senor $ ? To: _ $--sg-DO- To: $ ? 8. SubtoW (Ilene 6 pus an Fees Paid to Others) S ,?317?i'r 7. Prepaid Finance Charges S Amount Financed Pine a minus one 7) S 'We may retain or receive a portion at this amount. NOTICE TO BUYER Do not sign this Contract in blank. You are entitled to an end copy of Me contract you sign. Keep it to protect your legal rights. Buyeft x 11Q?, f [ gnatu Date x gn u Date x agnalure ate x Signature Date I ACKNOWLEDGE RECEIPT 0 COPY OF THIS CONTRACT S ER'S SIG TUBE: 1 Name and nee MANUFACTURED HOMES - NOT FOR MODULAR HOMES a pra4 ADDITIONAL TERN GENERAL TERMS: You agree to purchase the Manufactured Home over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount you win pay may be more or less baThe law of Pennsylvania will govern this twnseclion. N is also governed by applicable federal law and regulations, Including the preemption of state usury laws. The federal Ahamative Mortgage Transactions Parity Ad may oleo apply. We do not imand to charge or collect any interest or fee that is MOM, 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 N you have paid this Contract in MI. You understand and agree that some payments to third parties as a pan of this Contract may involve money retained by us or paid back to us as commission or other remuneration. If any provision of this Contract is not enforceable, this Contract will remain enforceable without such provision. ti we agree with you to any exceptions to the promises or assurances In this printed Contract, such agreement must be M writing and signed by us. PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled payments until you pay M fug. You may obtain from us, or as Insurance company nomad in Your Policy (or certificate of insurance), a refund of any unearned insurance premiums. ADDITIONAL SECURITY: You also assign to us and give us a security Interest in proceeds and premium refunds of any Insurance and service contracts purchased with this Contract. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest real estate mortgage, or deed of trust In the Property you agree to the following: A. You will defend our interests in the Property against claims made by anyone also. You will do whatever Is necessary to keep our claim to the Property valid B. The Slim* irgteest you are paling u5 In me "my comes WNW or the claim of ally other creditor. You agree to sign any additional documents or provide us with any additional infomedan we nay require to keep the pitchy dl our claim to the Property. You will not do anything to change our Interest In C. You will keep the Property in your possession in good condition and repair. You wit use to Property for its Intended and lawful purposes. Unless off rwse agreed in writing, are Manufactured Home will be locoed at the -Location of lured Hone after delivery to Buyer' provided In this D. You will not try to sell or transfer any rights in the Property without our prior written consent. E The MarrWacbsed Home will remain personal property until this Contract Is paid In it& Unless we give you prior written consent, you will not allow the Manufactured Home to betas a pan of real estate or to otherwise lose its treatment all ponwri2l property under applicable law. F. You will pay as taxes, lees, expenses, and assessments on UM Property when due. G. You will holly ua of any loss or damage to the Properly. You will provide us reasonable access to ft Property for the purpose of Inspection. DEFAULT: You will be In default on this Contract N any one of ate following onus (except as prohibited by taw): A. You fail to make a payment when it Is due. B. You fare to perform any obligation that you have undertaken in this Contract (which Includes doing something you have agreed not to do). If you data^ you agree to pay our reasonable attorneys' fees, beginning with the commencement of legal action, and up to $ 5g Incurred after the NOTICE OF DEFAULT antl before commencement of a legal action (u provided In Pa. StaL Ann. ILL 69 § 623) and tees for repossession, repair, storage, and sale of the Property securing I* Contract. If an event of default occurs as to any one of you, we may ?exerofse our remedies against any or all of you. NOTICE OF DEFAULT: If you are In default, we will send you a Notice of Default and Notice of Right to Cure Default ('Nolte') when required by law. The Notice will explain why you are in default and how you an are N. 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 are period ft describes has passed. We may riot be required to trend you a Notice N (1) you have abandoned the Manufactured Home, (2) you received two Notices In the prior one-year period, or (3) other extreme circumstances exist. After repossession you may have additional (bbl limited) rights under Pa. StsL Ann. tit. 69 § 623 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home, by paying the installments In default without acceleration, plus any other obligation which you have flat 1A W, wftW aCCelBrallar. plus our owe and fees allowed by the taw cited. REMEDIES: it you are In default on this Contract, we have all of the remedles provided by law. the Contract, and any separate personal property security agreement real estate mortgage, or deed of trust. Before using s remedy, we will Send you any notice and wait for any cure period Owl the taw may require for that remedy. Our remedies include the following: A. We may require you to immediately pay us, subject to any refund required by law, the entire principal balance, plus earned interest and all other agreed charges. B. We may, but are not required to, pay taxes, fees, expenses, assessments, or other Ions or make repairs to the Property N you he" 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 dale paid at the rate(s) S OF THIS CONTRACT described in Me PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establish and fund an escrow account If one is not uired. C. We may require you to make tie reqry available to os at a place we designate that is reasonably convenient to you and us. 0. We may Inimadlately lake poriaession Cf the Property by legal process or self-help, N we do so lawfully. We may than sell the Property and apply what we receive to our reasonable expenses and then toward your obligations, as allowed by law. E. Except when prohibited by law, we may sue you for additional amounts If the sale proceeds do not pay all you Owe us. Paragraphs C. and D. (above) apply only personal property warily rule ors. If this Contract is secured by a mortgage or deed of trust, Men the foreclosure of such Interest may impose other duties and IInristions on our rights and remedies, as provided by law and the mortgage or dead of grant By clhoo i g any one or more of these remedies, we do not wane our right to later use another remedy. N we do not act on an event of default, we do not gNe up our fight to later treat that type of event as a desult. You agree that N any notice is required to be given to you of an intended sale or transfer of Me Property, notice is reasonable N MAN to your Int kflown address, as reflected in our records, at least 10 days before the date of the intended oak or transfer (or such other period of tins as is required by law). When real estate Is the security, other rasa 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 Tide I Property Improvement and Manufactured Home Regulations, our Mht to make you pay one this entire Contract Is Subject to the Imitations 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 ID 11118 property, we fray require additional security or assurances of payment before we anow ineureree proceeds b be used to repair or .space the Property. N insurance proceeds paid to us do riot pay oil this Contract you are responsible for lie balance. You will keep the insurance in effect until this Contract Is paid in full. If the premium for property Insurance Is included in the Amount Financed and Me Insurance Is canceled or terminated before this Contract is paid In full, then you agree to give us any premium refund or rebate that you receive. We will credit the round or rebate lo die 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 Nyher than a rate you mig ht have to pay N you buy a yourself. We wiB add the premium or tale insurance lo the amount you owe us. Any amount we pay will be due immediately. This amount will earn Ifllowl Wrn the date paid at the spelt" contract rate(s). OBLIGATIONS INDEPENDENT: Each of you who signs this Contract Is Independently responsible to pay i and to keep the other praMses made In this Contract. This is true even it: A. Someone else has also signed IL B. We rebus or do not try to coped from another who Is also responsible to pay this Contract. C. We release any security or do not try to take back any Property. D. We give up any other rights we may have. E. We extend new credit or renew this Contract. WARRANTIES: We will provide any warranty Information to you separaley. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain tidngs. You do not give Lop t we tract som "a the rights DEF Urovi LT sag on). Unless stn law ormtlhs Cuntredt provide otherwise, we are not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been pad, or hews not been paid In the appropriate amount time, or manner, or, (3) give notice that we Intend to make, or are making, this Contract Immediately due. NOTICE OF PROPOSED INSURANCE: II so indicated on the front of this Contract, credit We insurance coverage and/or credit accident and health Insurance coverage wig apply to this Contract, The insurance company named on the front of this Contract wig write the insurance. The Insurance covers orgy the person(s) signing tie request for insurance. The charge for each type of credit insurance to be purchased Is as indicated on the from of this Contract. The tens of insurance will begin as of the data of gas Contract and will end on the original due date of this Contract. subject to acceptance by the insurance company and wdhin 30 days. a rardgwe of Insurance will be given b the insured. it this Contract Is prepaid before It is due, a refund of Insurance charges will be made when due. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ASSIGNMENT BY sELLiER: The following Is not part of the Contract between you and the Seller. If Is part of an agreement between the Seiler and any Assignee. An "Assignee" Is someone who may own this Contract or the right to receive your payments, or both. Seller sale and assign Site Contract to the Assignee. its successors and assigns, hduding all its dints, title, and interest in 1Ns Contract, and any guarantee or separate security device. Seller gives Assignee full power, either in its own name or in Setters name, to take an legal or other actions which Seiler could have taken tinder rill Contract (SEPARATE AGREEMENT: If this Assiprvnanl is made "under the term of a separate agmemenr as indicated in Me ASSIGNMENT section of this Contract, the tame of this assignment are described in a separate wrtting(s) and not as provided below, unless the separate writing(s) incorporate this agreement In whom or In part) Seller warrants: A. This Contract represents a sale by Seiler to Buyer on a time price basis and not on a ash bass. S. The statements contained in this Contract are true and correct C. The down payment was made by tie Buyer in the manner stated in this Contract and, except for the application of any manufacturers rebate, no pan of the down payment was loaned of paid to the Buyer by Safer or Sellers representatives. D. This sale was completed In accordance with all applicable laws and regulations. E. This Contract is valid and enforceable. F. The names and signatures on this Contract are not forged, fictitious, or assumed, and are true and correct. Exhibit "B" 0943988071047360227003776349 Notice of Default and Right to Cure Default Dear: KEVIN D MOORE DateV31/2009 _ Name and address of creditor. See reverse side. Pkont800 970 7250 Account number: 943988 Certified Mail #1104 7360 2270 0377 6349 _ Brief Identification of Credit Transaction: Retail Installment Contract, Promissory Note or Assumption and Modification Agreement dated: 10/21/1999 and Secured by Manufactured Home and/or Real Property Amount to be Paid to Cure Default (Total of (1) and (2)): $1346.58 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 [ Ito mak&4on hly payment's beginning wifflgdW2009 payment, in the total amount of $ 1346.58 , and delinquency and return check charges totaling $00 , resulting in a total amount in default in this regard 609.64 (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 homeowners or property damage insurance (including flood insurance if applicable) policy or declarations page. THIS MAY BE FAXED TO ME AT 865 380-3750 OR MAILED TO VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX 9800 Maryville. TN 37802 ATTENTIOWELINDA 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 E800 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] (Mar 2009) (Q#684) United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Leval igbts 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. 1501-596) (SCRA). who May Be Entitled to Legal Protections Under the SCRA? + 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 and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage. • The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 9 months after the 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 9 months after the servicemember's military service unless the creditor has obtained a court order approving the We, foreclosure, or seizure of the real estate. Such 9 month provisions expire on December 31, 2010, and effective January 1, 2011, such periods of time become 90 days. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Reoest 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 servicemembefs military orders. Written notice should be sent m: Attention: MELINDA GOODRUM Vanderbilt Mortgage and Finance, Inc. 500 Alcoa Trail Maryville, TN 37804 How Does a Servicemember or Dependent Obtain Information About the SCRA? * Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: b=-//Iegalassistance.law.af.mil/canent/locator.nlm. 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 484530-5747. P.O.Box 9800 Maryville, TN 37802 7104 7360 2270 0377 6349 KEVIN D MOORE 7 BUFFALO DR SIUPPENSBURG, PA 17257 Exhibit "C" f CERTIWCATE OF TrTLE FOR A VEHMLE ' .- . qq3qW 31a? .t DATE PA r=D DATE OF 12,lJE UNLADEN WEIOW OvVm w OCWR M TM 713 SPANN 7 V D J ,OODMETER DISCLOSUREI"E REGISTERED OWNM" YICKI.E'K DETWILE KEVIN D MOORE .7 BUFFALO DR ,SHIPPENSBURG PA 17257 ZAL LAW SECOND LIEN FAVOR OF. ODOMETER STATUS 'O . ACTUAL NLEAGE 1 . NLEAGE EXCEEDS THE MECN6WICAL Lmm Z • TJO? ? ?? ??IE -NOT THE ACTUAL UL940640DOLIETEA TAMPERMq VERlRED 4. OQlpT NOM OSONETER DIaG10BU/1E TIRE BRANDS A . ANTON VEIa f C . CLAIM VS301A a . COLLECn1l.E VEN E F _ OUT OF C017NTRY O . ORKUMALLY MrGD. FOR NO"A H.. AGRlCuLnON;AL N voo= 4 - unam VEIACLE P . NVNAA A POLICE VENC 9 R - 1leCONSTRUCTm STRIff"m T RECOVERED THEFT VEMLT.E Y . VEHlC E CONTAM REISSUED VW W:== IIAMMAL CUKYUKAiIUN q a same krAck r is fam upon n9HwNn al IAS we WL Ma erg 14 .dom. samiss mm mmw eN TIN 1o v* Bwau of mow void" wah M DATE ., ... ...?,: BY AURLDRRED REPRESENTATIVE SECOND LIEN (IELEASEO DAT£ MAJUNG ADDRESS SY _ O 31 O O 7 AUTHORM REPRESENTATIVE TAMMAC CORPORATION 275 MUNDY ST . WILKES BARRE PA 18702 FIRST LIEN FAVOR OF: i awW as of sw eau a ILTmue, ft oebel m mft of ms Pann@AmrAm Depmnamm 11 TmmwhNa romm4 Ml ar pww o) Or Tarpay Aamw RNebr is me IawMA omw No NM valYrJa.• SUBSCRIBED AND SWORN TO aEFORe ME r TAr uuraI b.wr AWwi rNrraAOA to Cr . r TIY r w..+nr wrap .aF.w aTyra Mar rAOra.riw an/arir err duAr Aa a.F. Nw, OGNATUREOFAFP CAATORAUTHOFUM&ONER ? rif r E of go A R70wTf lu OF AU1f10RUS0 swam ;18RAOL L 'A-LRY- SarnMary -f TrarupoAANea .. 11 a oo?purdssw oe+er Stan your Wouse Is Pawl end you were O W?*b be Nhd as 'Joint Terwes Vft Ftlph[ of SwvivomW (On death of CTKL owner. ODs goes to sarivblg owoerj CHECK HERE El Omswba, Bw sae wR be Issued as •Tenerlts In Cannon' (On ".of ale owner, Interest of deceased owner goes to hkftr hairs or atatq 1ST LIEN DATE ? F NO LIEN, CHECK 18f UETetOLDER CITY STATE LP RNANGAL INSTTTUTION NLOJOEA 2ND UEN DATE -? L. NO UE», CHECK em UENHOIDER QTY STATE AP FWANCNL INSTMMU NI.VASER .i i i I i I i r i I i i e i i r 1 r lr L..! ?s i_, ! l .. r 479. So Pb Anil OACW 1(003(o erg aagDH9 Sheriffs Office of Cumberland County, R Thomas Kline r?tr of fitinGr Sheri ?Qa "frsf? Edward L Schorpp Solicitor C, Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF ' >"ERAFr Civil Process Sergeant Vanderbilt Mortgage and Finance, Inc. vs. I Case Number Kevin D. Moore 2009-4220 SHERIFF'S RETURN OF SERVICE 06/30/2009 11:21 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on June 30, 2009 at 1121 hours, she served a true copy of the within Complaint in Assumpsit/ Replevin/ Ejectment upon the within named defendant, to wit: Kevin D. Moore, by making known unto himself personally, defendant at 7 Buffalo Drive Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 July 01, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF '\ A do 10017Uk *ety eriff O C rn <<' C? , -r . ?Y. co .?.-{ Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 M. Troy Freedman, Esquire I.D. No. 85165 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, v. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-04220 CIVIL ACTION ASSUMPSIT/REPLEVIN/EJECTMENT AMENDED 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 amended 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 amended 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 Association 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A LISTED 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 Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 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 115 West Avenue Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, V. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-04220 CIVIL ACTION AS SUMPSIT/REPLEVIN/EJECTMENT AMENDED COMPLAINT Plaintiff, Vanderbilt Mortgage and Finance, Inc., by and through its undersigned attorney hereby submits the within Amended Complaint. In support thereof, Plaintiff avers as follows: 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. Plaintiff, Vanderbilt Mortgage and Finance, Inc., 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. Defendant, Estate of Vickie K. Detwiler, deceased, is a decedent's estate with a last known address of 7 Buffalo Dr., Shippensburg, PA 17257. Defendant, Kevin D. Moore, is an adult individual residing and/or maintaining an address at 7 Buffalo Dr., Shippensburg, PA 17257. 3. On or about October 21, 1999, Vickie K. Detwiler and Kevin D. Moore, executed a Manufactured Home Retail Installment Contract (hereinafter referred to as "Contract") under and pursuant to which they expressly agreed to pay to Plaintiff the sum of $55,285.50 for a 2000 Fleetwood Heritage Point Manufactured (mobile) Home having Serial No. VAFLX19AB03127. A true and correct copy of the Contract is attached hereto as Exhibit "A" and made a part hereof. 4. Pursuant to Page 1 of the Contract, Defendants were and are obligated to tender and deliver to Plaintiff $624.83 per month for 360 consecutive months commencing November 21, 1999. COUNT ONE - IN ASSUMPSIT 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 make, tender, and/or deliver to Plaintiff the aforesaid consecutive monthly payments. 7. In particular, Defendants failed and/or refused to make, tender, and/or deliver to Plaintiff the aforesaid monthly payments from February, 2009 through the present date. 2 8. Plaintiff, and/or its agents, has/have provided Defendants with written notices of the default. True and correct copies of such notice 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, inter alia, Plaintiff s costs and attorneys' fees pursuant to Page 2 thereof. 11. As of July 7, 2009, Defendants outstanding balance is $62,024.05, calculated as follows: Principal and Interest through 07/07/2009 $56,385.50 Attorneys' Fees (10%) $5,638.55 Total $62,024.05 12. Interest shall continue to accrue at $19.97 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. WHEREFORE, Plaintiff demands judgment in assumpsit be entered in its favor and against Defendants, Estate of Vickie K. Detwiler and Kevin D. Moore, for the sum of $62,024.05 plus additional pre judgment per diem interest at $19.97 per day plus additional post judgment per diem, interest at $19.97 per day, additional attorneys' fees, additional costs; for immediate possession of the Manufactured Home; for immediate ejectment of Defendants; for issuance by the Prothonotary of a Writ of Possession; and for such other and further relief as the Court deems just and proper. 3 COUNT TWO - IN REPLEVIN 14. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 15. Under and pursuant to the terms of the Contract, Defendants expressly granted to Plaintiff, a security interest in the Manufactured Home. 16. The aforesaid security interest was perfected by virtue of Plaintiff appearing as first priority lienholder on the Certificate of Title for a Vehicle. A true and correct copy of said Certificate of Title for a Vehicle, evidencing Plaintiff s security interest, is attached hereto as Exhibit "C" and made a part hereof. 17. As stated above, Defendants have defaulted under the terms of the Contract by failing and/or refusing to make, tender, and/or deliver the required consecutive monthly payments to Plaintiff. 18. Page 2 of the Contract and Article 9 of the Uniform Commercial Code (as enacted in the Commonwealth of Pennsylvania) provide that, in the event of default by Defendants, Plaintiff shall have the right to repossess or replevy the Manufactured Home; and to thereafter sell, lease or otherwise dispose of same. 19. Upon information and belief, the Manufactured Home is presently situated at 7 Buffalo 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 Defendants; 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 20. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at length herein. 21. Defendants are unjustifiably withholding possession of the Manufactured Home from Plaintiff. 22. 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 Defendants; 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: --- 44,x - M. Troy Free an, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 Attorney for Plaintiff Date: July 7, 2009 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire I.D. No. 04267 M. Troy Freedman, Esquire I.D. No. 85165 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, v. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-04220 CIVIL ACTION ASSUMPSIT/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; that the statements made in the foregoing pleading are taken from Plaintiff s business records; 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 unworn falsification to authorities. M. Troy Fre dman, Esquire Attorney f Plaintiff Date: July 7, 2009 Exhibit "A" No. SHIPPENSBURG, PA 17027 Date OCTOBER 21,1999 'a' and 'us' mean the Seller above, 'You' and'your mean each Buyer above, • MANUFACTURED HOME sailer LIT1I HOF7E3 Buyer StILLE&, YICItIE x. ? RETAIL INSTALLMENT CONTRACT 3076 CARLISE RD D ?RE , KEVIN D. PENNSYLVANIA DOVER, PA 17315 7 811FPAL0 DRIVE ' its smotastors and assigns. and guarantor, separately and topeNer. SALE: You agree to purchase from us the manufactured horns described bsbw.logalMr with the related sontes, (umishhgs, appliances, and awceasorles eased below (ioget er referred to as 'Manufactured Hamel. Your puchass of rime ManulacMed Hans is subject to the terms d this Contras. T4amte means ads document and any separate document that secures this Contract. N MFS.EE'Iti00D .0d A4%aPOIn 28800 YAFLx1 9A803 127 L48 121P Color ? Used Servlcet, lwrdshings, appalnos, and accessories include: ? Tires end Wheals ? Ades ? Refrigerala ? OvarvRo ngs ? Weather ? Dryer ? A/C Lot(s) ? Awrntng(s) - - ? Skldkp ? Accessory Shed ? Semi ss ? Other LOCSWO of tAanufaourd Flans elMrdsgwry to Baler: INDIAN SPRING 7 BUFFALO DRIVE Deacrotion at Trade-Ire PROMISE TO PAY AND PAYMENT TERMI2Y%forrise to Pay ua the PrINCIPai amount of $ 57,496.92 plus interest an the unpaid batteries at this retails) of Per year until the " scheduled payment date. IldOM V4 beyA 14 2CCn19 m and will a=ue on 8 j*u day beais. After the 6d e,hsdubd payment date. or after you rohn a and we demand payment, we will earn merest on Ma ?rhpWd principal balance at the rated % You agree to pay fits Gonave! according to eve payment sdlads" arM Wa dorsal ProvisionsY?roywpan,inn she TRUTH W LENDING RES. You am agree to pay any additional erne nb am all his knix"d pa Atelate ul7lerge we not be ftata collect NAf ah gOwIYW adhmedWeG PkYmwvk TRUTH but INktx?sN wAlODrNco'vt,e b aarEueS, will at at be she p e oo oonim rain. ? ADDITIONAL FINANCE CHARGE: You agrw to pay an additional, norawttndable truce dm"G of S that will be ? paid in cash. ? financed (we ITEMIZATION OF AMOUNT FINANCED). ? paid propoNarety with each payment. DOWN! PAYMENT: You also agree fo pay, or apply to is Cash Prim, on or before louts tale, any ask ales and real tratle•In value desabad In to ITEMIZATION OF AMOUNT FINANCED. ? ESCROW: You ? may, but are not required to ? mist pay carotin ert anew and fees from an escrow atsmre. I an escrow account Is sswbkhed, N wig be governed by a separate agroemen. TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE AMOUNT ARANCEO TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE The cow of your or@!* as CHARGE The doper nw,at she The amount of aedl PMW&d you or an Tlaamaad you will have Ms ai = r ma The law ma of your pure sea on d4Including Wa down Payment y wny3 a- 3 -u- - : 4 beha ? u ay s P aS 3,000.00 1 A 1 49 169 6 2B5.50 224,935.20 Pa t Sehedrsk: Your payment schedule will be PS V its AmouN OF When Payments Are Due Nurnberd 360 $624.82 L MONTHLY BEGINNING NOVEMBER 21,1999 Security: You are Oft a security InNeat in the goods or Property being purchased. ? You are giving a security kterew In On rest property at rr$$ LJ LatB Charge: U a payment is more than 13 dare we, you will be dsrged . Prepayment: O you pay on this Contras early. you will rat hove to Pry a Penalty. ? N you pay of oils Owasso early, you will not be entitled to a refund of W of the Additional Finance Charge. ASSUMPTION: Someone buying your Manufactured Home ? may subject to Condition be allowed 10 S aura awurne oft Contract an Its orlynd terns. Centreet Protrialone: You ea,m rise Ora terms of we Contract for additbrw IntOrmatlon soul nonpeymert Owsug arty ngarad fla an esOMoe ' =1 Illaa tho sttmadulad dots. and rtdnada VW e BUYER RESTRICTIONS: N you do not meal this Contract's obligations. you may lose to property that you bought in th; sale. SECURITY: To some your payment and ((reties Ose Mrs a l!" Co trect you gNe w a seaway Interval In the Msndaauad Noma M delphad above) and, IshMa pdhbted Mw. all praeN and Mue accessims to the Nealaawed home (Wovol 90 aaasias will not ?_ ](ndude'tsmwthoM goodd n daC i Ns Credt Pedioes Rule, 16 C.F.R. wa, N we do not enana Or purchase of such houssiold goods). - ; It you do rot mew your cared obip Mm, ym mry bw ymr hale. end gw real eeMM dwCNbOd in efry Ilglt e a deed d t(uSl (a oily). T?RUTS IN L.EPA)a IN211110 NNNd by a saparale mortgage or dad of that dais , on real KWO, as shown In the The tam 'Preperty' meant all property securing this Cor*acL CREDIT INSURANCE: Credit file, credit dsabigy (accident and heath or accident and sidneas), and any other kaurahhoa ppaa quoted below. we not mquiod to obtain credit and wve wB ma?prouids them Urdu you sign and agree to pay the addwenw Prsor"m N you went such Insurance, we will obtain it for you (if you quail for chosen coverage). We are quoting below ONLY the Coverages you (fllew purchfuw Credit Liss: Insured ? Single ? Jam Rea s Term Credit Disability: Insured ? Single ? raft Pam. s Term honeolfrmu roaCornpery. Your slag sfure below means you watt (qtly) the YLSIII n WVEt RS) QWW 16a If none are quoted, you have declined any coverages we offered. Buyer d/orb Buyer d/ab Buyer dlolb Buyer ddb PROPERTY INSURANCE: You are required to Insure the Property securing this Contract with the following minimum property insurance coverage: You may Fieriest a plOft ft 116111in15ce e thragh any ins nos company that is pay- o "383.u0 taint out ft s arnca us you d coverage. Llsbtlity Insurance coverage for "111 1. FroP" ITEMIZATION OF AMOUNT FINANC5pr 000.00 Manufactured Hanes Price N/A $7 (hciudingsalsainaS ) N/A Buyer ProledlaVSeMos Plan, Pas to: sill 57.800.00 I. Cash Prim $ N/A a Dat i C ?0u.uD - ash Down Payment 4-s -'3000.00 Trade-in Allowance t S - 1111A Less: Amount Owing S To: A Nw Trade-in 5 IIIA 4. Total Down Payment (funs 2 plus Me 3) S 31000-00 a. Unpaid 0atenee a cash Pyles (wa t nwreA area +) a ? Fees Paid to Others: 22.50 Paid to Public Officials - Filing Fees Only is Paid to Public Officials - Other then Filing Fees ?- Insurance Premiums' S- (To: ) (Ta ) Ra ) N/A Add Charge(s) Papa To Seller S --zy- 00- To: S_ MCIIMENT PEE Ta is To: S L Subtotal (line 5 plus all Fees Paid to Others) $ 7. Prepaid Finance Charges is Amount Financed (Nne a minus Nns 7) $ 'We may retain or receive a portion of this amount. NOTICE TO BUYER OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest, real estate mortgage, or dead of trust in me Property you agree to the following: A. you will defend our interests in the Property apainet claims made by aflyone else, You will do whatever Is necessary to keep our claim to the Property valid. S. The securty interest you are giving us in the Properly coma ahead of is claim of any other creditor. You agree to sign any additional documents or provide us with any additional information we may require to keep the pdody 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 oondl6on and repair. You wit use the Properly for Its Mended and tsvrhd purposes. Unless otherwise agreed M writing, the Manufactured Home will be located al the 'Location of Manufactured Home after delivery to Buyer' provided in this contmeL 0. You will nth try to sell or transfer any it" In the Property without our prior written consent. E. The Manufactured Home will remain personal property until ail Contract is paid in fun. Unless we end you prior written consent, yoU Will nor allow the Manufactured Home to bscose a part of real estate or to otherwise lose as treatment as personal property under applicable law. F. You will pay as texas, fees, expenses, and assessment$ on the property when due. 0. You will ratty us of any loss or damage to time Property. You will provide us reasonable access to the Property for the purpose of Inspection. DEFAULT: You will be In default on this Contract H any, one of the following occurs (exoapl as prohibited by law): A. You let to make a payment when N M due. S. You lel b perform any obligation that you have undertaken in this Convect (which Includes doing something you have soread not to do). N you default, you agree to pay our reasonable anomeys' fees, beginning with IM commencement of *IW action, and up to $50 Incurred alter the NOTICE OF DEFAULT and before commencement of a lagal s6oll (all pMV&d In Pa. StaL MIL UL 68 B 823) and lea for inTonession, repair, storage, and sale of ft Properly wouring this Ca rota 0 an event of default occurs as to any one of you, we may muse our rams" against arty or all of you. NOTICE OF DEFAULT: t you we in deleulL we win and you a Notice of Default and Notice of Right to Cure Default rNotloo ) when required by law. The Notice will explain why you are In default and how you can cure k, We will not saWrato tin unpaid balance of this Contract, repossess or foreclose on any Property unlit after we send you the Notice and any cue period k dssabee has pound. we may not be required to send you a Notice N (1) you have abandoned the Manufactured Home, (2) you received two Notices in the prior one-year period, or (3) other aaame dra es exist After ter mspcesession you may have additional (hut YmNsdl dphb under Pa. Scat Ann. K 69 4 629 to raWtate this Contract any WM up to the dale of transfer of title to the Maudadured Hand, by paylnp the Ihetelimants In default without aceNrailon, Wus any other obligdbn which you haw not it~, without amoleratora, Pills our 00515 and lees stowed by the hew cited. REMEDIES: N you are In default on this Cahbad, we have ol of the remedies provided by law, this Contract, and any separate penonat propertyy security, agreement, feel estate mongage, or deed of trust using a Infernally. we wig sand you arty notice and wait for any cure period that the low may require for that remedy. Our nemedies Include the fdlowNng: A. We may require you to kwnedW* pay tn. subject to any refund regWred by law, the edke principal balance, plus semsd Merest and ell other ag re d charges. B. We may. but are not squired to. pay team less, expenses, assessments. or other fiats or make repairs b ee Property n you row not done sit Any emoted we pay will be added b the amount you owe us and will be due immediately. This amount w10 ear interest from the dale paid at the mle(s) Mariufactured Home A 'eg<aetions.?our right t to to make you you pay y off this entire Contract is subject to the limitations of those regulations. INSURANCE: You agree to bury insurance on the Propsrry 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 potley. In the event of Inns or damage to the Property, we may require additional secutriy or assurances of payment before we allow insurance proceeds to be used to repair or replace the property. if Insurance proceeds paid b us do not pay on this Contract. you art responsible for the balance. You will keep the Insurance in effect until this Conbacl is paid in full. N the premium for property Insurance is included in the Amount Financed and the Insurance is canceled or terminsted before Wit Contract is paid in fun, then you agree to give us any premium sherd or rebate that you receive. We wll credit the refimd 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 prongs", we may buy insurance to protect our interest in the Property. The Insurance we buy may include coverages beyond those we require you to buy and may be from a company you might not choose. The rate we pay may be higher than a rate you might have to pay If you bury it yourself. We will add the premium for this insurance to the amount you owe us. Any amount WO pay will be due immediately. ThIS amount will earn interest from the date paid at the applicable contract rate(s). OBLIGATIONS INDEPENDENT: Each of you who signs this Contract is independently responsible to pay it and to keep the other promises made In We Contract. This In true even It. K Someone slss has also signed it. B. We release or do not trryy to tolled from another who Is also responsible Id Pay this Contract C. We release any security or do not try to take back any property. D. We"up any other rights we may have. E. We extend new credit or renew this Contract. WARRANTIES: We win provide any warranty information to you momdoly. WAIVER; To the extent permtfed by law, you ogre* to glue up your rights to require us to de codaln Mingo. You Ito net i>IIII up any rights NO are provided In this Contract (for stumple, see the NOTICE OF DEFAULT macllon). Utdaa the low a this Contract provide oale M". wows net ragrirad lo: (1) danerhd payment of amounts dun; M plus notice flat amounts due haw not been paid, or have not been paid In the appropdeks amount, dine, ter manner or, (3) give notice Ind we Intend to make, or are making, this Contract ImmedlaWy due. NOTICE OF PROPOSED INSURANCE: If so Indicated an the from of INS Contract. as& We benmos coverage ardbr credil accident and heath insurance coverage art apply to gas Caemet. The insurance eomparry named an ins front of this Contract Will write the inouranoa The Insurance town only tie parson(s) stgNrq me request for Insurance. The charge for such type of credit surende to be purchased Is as k,olcaled on on Iron of this Contact. The term of Nstlrance will begin as of the dole of this Conrad and will and an IM odgkW due did Hs Cataract. Subject to acceptance by the tersance company and within 30, CContraa?is pprrep rid before it ub due, a rebid or chance charges wit be made when rite. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT 18 SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF OOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ASSIGNMENT BY SELLER: The following is not part of the Contract between you and 11116 26IIe1'. 8 18 P1111 Of an agn a ingmt between the Seller and any Assignee. An "Assignee" is someone who may own this Contract or the right to receive your payments, or both. Serer was and assigns tilt Confined to to Assignee, its successors and assigns, including all Its 6". S M. and What In Its Contract. and any gussntee a sepuats amity dsvb. Seller givers Asdgnts fue power. abler In ks own name a M SeNfs hems. Intake as Mgt or oiler attlone witch Seller could have taken under this Contact. (SEPARATE AGREEMENT: N this Assignment M made 'tndsr the term of a separate ayeemerM as Mdlated in the ASSIGNMENT season of tfi Contact, the terns of this assignment an described M a separate wdkhg(s) and not as provided below. unless the separate wdtInp(s) klCorporals this agreement in whole or in pall) Sala warrants: A. This Contract rop sewas a safe by Seller to Buyer an a tam prim basis and not on a cash basis. S. The datements contained M tli Cooked are rota and cored. 0. The dawn painters wit made by the Buyer In the manner slated M No Contact and, except for the application of shy, masdaduars rebate. no par at the down payment was kharsd or paid to the Buyer by Seller or soNees representat res. D. This Sand wait Completed In accordance with all applicable lore and regulations. E. Thb Contact is valid and snbaad.. F. The name and signatures on 66 Contrad are not formed, tldlrous, or assumad, and am true are correct. G. This Contact is vested in the Seller free of all lens, M not su lied to any dais or defeness of the Buyer, mid may be add or aSWO by He Soler. H. A completely Nedif copy at this Contract was delivered to 1119 Buyer at the sine of mlawNon. L The Mandactured Hare hire been delivered to the Buyer M goad cmdWDn and has been accepted by Buyer. J. Seller has or will period a amety Mistreat in the Properly M lava of the Assignee. If any of these warranties Is breathed of untrue, Boner will, upon Assignee's demand, purchase this Conrad from Assignee. The purchase shill be in cosh In the amount of the unpaid balance (Including Interest) plus tae comb and expenses of Assignee, Including anorneye' Mss. Serer will Indeenffy Assignee for any loss sustained by t because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has agWW Seller. Suter wolves notion of the acceptance of this Assignment, notice of non-payment or non-performance, and notice of any other remedies aveNmbM to Assignee. Assignee against, and gra l a without rrbns notice compound of time for payment b be =do, to Buyer and any other contest obligated under gi Contract. UNLESS OTHERWISE INDICATED IN THE ASSIGNMENT SECTION OF THIS CONTRACT, THIS ASSIGNMENT IS WITHOUT RECOURSE. WITH RECOURSE 11 )his Assignment M made 'wN"ern"roe" at Indicated in the ASSIGNMENT section of this COMM Assignee takes this Aeaignmat with certain rights of recoup a against Seller. 981101 agfaeS that l the 9Uyef d(daUas an any obayation of psy mnt or performance under this Contract, Seiler will. upon demand, repurchase this Contract for the amount of the unpeld balance, Including Wored and any other charges, due at that time. Disbursement Date. (This dale is for Tltfe 1 HUD Insurance purposes and may be completed after the Contact Is signed to reflect the actual disbursement dale, and not any estimated disbuaemet data it may appear only, on the original form.), OIIYeu,be6YMna.Ye-. eL fbu64N F0,m x&al•YM.rA m1? ` r 1 , I? errW IIal Y) per year unto me until scnecrneo payment care. interest wi, oegn to aa.TUe un 5 and will ao nua on a jou day basis. Aver the final scheduled payment date, or after you default and we demand payment, we will earn interact on Moe tones , Principal balance at the rate of % r You agree to pay this Contract according to ne paymarq schedule and late charge provWonsafhsOrpwan in the RUTH IN LENDING DI OS RES. You also agree to pay any additional amounts . gibe to t he tourris SCLO ln according imposed a A late charge wllnot?aole? on Nthe Mal atl?rbd payment, butt Interest wtlGcontinue to accrue at the applicable conltrrera e. late yMeriC 0 ADDITIONAL FINANCE CHARGE: You agree to pay an additional, nonrefundable finance Charge of S that will be 0 paidin cash. ? financed (awe ITEMIZATION OF AMOUNT FINANCED). D paid proportionally with each payment DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before todays date, any cash rebate and net trade•n value described In the ITEMIZATION OF AMOUNT FINANCED. 0 ESCROW: You 0 may, but are not requW to 13 must pay certain e4terian &no fees from an escrow account. II an escrow account Is asnabletted, it w1I1 be groomed by a "Perot* agreement TRUTN IN LENDING DISCLOSURFA ANNUAL FINANCE AMOUNT FINANCED TOTAL OF PAYMENTS TOTAL SALE PRICE PERCENTAGE RATE CHARGE The amount at credit The amount you will haws The lad cal of your purchase on The coat of your credit as The dollar amount the 1 ProvkNd o you or on paid wheryou have made csdt, Including your down payment ayearyrate. 1 cradnwiewayou yourbehet• dsciretlsedpayarhehta. oIS 3,000.00 13.3 % S 169,649.70 1 55,285.50 224,935.20 S Pa Meethedule: You r payment schedule will be Number of P to Amount of Pa When Payments Are Due 360 $624.82 MONTHLY BEGINNING NOVEMBER 21,1999 Security: You are gWng a seaway Wend in the goods or Property being purchased. 0 You we giving a security merest in tiro real propeny at Ll Lsto charge: N a payment Is more than days tae, you left be charged Prepayment: N you pay off this Contract early, you all not haw to pay a partially, 0 t you pay of Via Contract wry. you was not be o tNed to a refund of pan of the Additional Finance Charge. ASSUMPTION: Sonimu buytp yotrrMaraa orad Hann 0 may augact to eonditars bo allowed to L) Nonot assume tts Conbacl on No original forms. COnO W PrOYfalOlle: You can sal the forme of this Contract for additional Information about nonpayment. default. any required W. W. scheduled dale and prepayment refurals and w insom en eatimala BUYER RESTRICTIONS: It you do not mess its Contract's obligations, you may lose the property ale you bought In 1Na ale. SECURITY: Teoow e*?scu a your payymenttNmsiid Perfamiance under the arms of We Contrabt, =.=""Ow= idered in trs Manufactured Hans to accusations wis not iesndrddo&wd s ioueeltokl ( and, wdm deird Zh C Ltr all PmPakas?Wdi,16l,F.R , to vw eonot Unarm ?apurmisa d such Ihp ), you oo not meet your cllmaa OIIIIy?IggrISl you mBy la your Wtise, rd b W aft6ziW in any mortgage or deed d trust to"). /0 This Contract is also sealed by s spsrata "ago or deed of nut dated on real slate, as shown in re TRUTH IN LENDING DISCLOSURES. The lerm'Property' means at property seardrp this Cow= CREDIT INSURANCE: Crodit 11% credit dssbtify (actldard anal heath or soddent aril sidmea). and ay curer Insurance ?vaape qw" below, are not required to obtain wad NO we tall red pr Oswl wi 1 sunless uch Innwrar?iesa was will obtain it foryour(it you u q alu BH fa coversge). We are quoting below ONLY the coverages you have Chasm to plachsse. Credit Lift: Insured 0 Sngis ? Joint Prvm f Tema Cro t constantly: Insured 0 81" 0 Joint Prone Tom Naimoli rsignat re below mom you ward (mly) the kilasoce oowrall quoted abbrs. It none are quoted, you hm defined art/ cawrages we offamd. Buyer dlob Buyer drab Buyer yyb Buyer yore PROPERTY INSURANCE: You are required to insure the Property securing the Contract with the following minimum property warm (bmp8: You may purchase or Provide ft rfitmaann0 tlvagh any Insurance from? ta?youvaApyt 'v'•00tyou otran- of mom". UnNNty Inst nnos severegs for bodily Irtury andAOr pprothpps?r?lyy desnaps aused to others is NOT included In this Centraet unless sbacked and Inculcated blow, 0 The following IlabYhy insurance is included in this coverage: 0 BUYER PROTECTIONSERVICE PLAN: With your puschw of the Manufactured Home, you have elected to purchase the following optanal buyer praecaon or service plan ('Plaid: The Pon comm and will be in Ned Sae the Plan documents for del"s. ASSIf3NItK.1j is Cabled is assigned to Asdgnee (Wendy): YU BOX 55U This TaAals r?tiggAnmC "ant NIsANmCaIde 0 under the terms of a separate agreement, t.7 lass harms of ran ASSIG ENT BY SELLER Section L Seller. BY Name and 7 six) PENNSYLVANIA MANUFACTURED HwE RETAIL INSTALLMENT CONTRACT ca e1rsGw %-.Yes,roat-Fa,.Ae.eNaFFA WM ITEMIZATION OF AMOUNT FINANCff'800.00 momoschim Moms PMO N/A f (Iwiudng also not off ) N/A Buyer Pmoomysomm Plan, Paid o *$ 57,800.00 1. C"h Rice $ efalrgtaCdrlsfe Rebate $ N/A y"B00„00"' Cash Doan PaynNm2 a,?w- T111*111 A10MrdI1C8 g 6 Low Amount Owing $ ?- To: & Nat Trsb In S 3.000.00 4. Total Dom Paymad (One 2 plus line 3) S L Uopdd Balance of Cash PdN (as t Ulnas hie 4) Y om' _ Fees Paid to OIMra: Paid to Pubic Officials • Filing Fees Only S 22.30 Pak) to Pubic OffkWs - Ofhw than Rllrg Fells S -- Insurance Preminme' S ?- (To: ) I TO: ) N/A Add'll ftn& tics Charge(s) Pad To Steer S TO. YY LLLL00 $ ?Q? DOCBMI To: S- To: f ZiZ1T: L Subtotal (Ire 5 plus at Fees Paid to Others) S 7. Prepay Finance Charysr f Amount Financed (taro 6 minus one, 7) S Via may retain or receive a potion of ids em"L NOTICE TO BUYER Do not sign tint Contnet in bleak You all edWed to an exact copy of IN centred you sign. Keep It to proted your legal right. Buyq(( , / L LL nNu Dale X x Data x Signature Date I ACKNOWLEDGE RECEIPT 0 COPY OF THIS C NTRACT S R'S SIG TURF: Name and Tllta MANUFACTURED HOMES• NOT FOw MODULAR HOMES ow l eeii ADDITIONAL TERN GENERAL TERMS' You a ee to purchase the Manufactured Home over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that ao payments Will be made as 110Wulod. The actual amount you will pay may be more or lees depenmdnpon your payment record: .. - The law of Pennsylvania will govern this transaction. It is also governed by applicable Isdad low and regulations, inckodng the preemption of state usury laws. The led" A Trarmactions Party Act may also apply. MrrtsWa Mortgage We do not intend to charge or collect any Interest or fee that is more than to applrtabte law anew. If we charge or collect any amount oar what the law slows, we will apply go excess first to the principal balance, and we will refund any excess l you have Paid this Contract in fief. You undusaM and agree that same payments to third parties as a pan of mr Contract may awoin money retained by us or paid back to us as comrrrlasbns or other remuneration. If any provision ot this Contract Is not enforceable, the Contract will reran enforceable withal such provision. If we agree with you to any asaepeons to the promises or assurances In this printed Contract, such agreement must be In writing and signed by us. PREPAYMENT: YOU MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. Any partial prepayment will not excuse any later scheduled pymenta unl you pity In full. You may obtain from us, of the aausnce company named In your potty (or owlirrcate of insurance), a refund at arty unearned insurance premanna. ADDITIONAL SECURITY: You also assign to us and th'e us a security I am in proceeds and pm*" service lraca paawed with Crefunds ontract of any kaamnne OWNERSHIP AND DUTIES TOWARD PROPERTY: By g(ving us a sehxrfty awes. red scuts mortgage, or deed of trust In the Pmpsny you agree to to k omming: A. You will defwxf oil hrderesm In the Property against daims made bl, anyone sin. You will do what~ Is necessary to keep our claim b No Pmpwy valid. B. The SBd1l0y two y0U BIB I Uti in the PM" copses ahead of No loch of any over creditor. You agree b aiph any additional documents or provide us with ¦ a coal idwmetlcrm sus may require to keep the prig ay dour claim to is 1+oopsny. You will rot do anythirg to change oil Interest N the C. You pwilll keep the Property In your possession in good condition and repair. You turf ues the Property for its Intended and lswkd purposes. Unkin Otherwise Wood In writing, to Manulsdured Home will be located al the 'Location of Manufactured Home ate delivery to Buyer" provided In sure Contract. D. You wilt not try to sell or mender any r to in the Property wow our prior written consent. E. The Mw/adured Isix will rwnen personal poparty atil the Catered Is paid N but. (hues we give you p1(or ?Mtwt consent, you wit not allow the Manufactured Home to became a pan of red estafa or to otherwise bee its treatment as wow Woo" Lwar a" 0 F. You will pay al Was. faes, expenses, and assessments on the Property when due. 0. You will noaly us d any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of kepecli- DEFAULT: You war be In default on Vii Contract N any one of the following occurs ItatonW as prbhlbMed by taw): A. You Id to make a payment when I Is de. B. You hat to perform any obligation that you hers undertaken In this Contract (which nekdes doing something you have agreed not to do). If you default, you agree to pay our reasonable atbmsya' fees. bogkvdnp with to cormasnoem ent of too action, and up to $et Incurred after the NOTICE OF DEFAULT and before commwx wned of a lapel action (as provided In Pa. Star Ana. Ill. 89 § 623) and leas for mpoesssslon, repair, storage, and eats of the Proper aPnnevent securing Ittle Contract. of default occw ass to any one of you, we may --exerese our remedies again any or all Of you. NOTICE OF DEFAULT: N you are In defao4, we will send you a Notice, of Deleua and Notice of Right to Cure Demur ('Notice') when required by law. The Notice whl explain why you are In default and how you an are L We will not awslarele the unpaid balance of tits Cam" repossess or foreclose on any Property umN afar we tend you ate Nodw and any cure period it describes has Paned We may not be rsqued to sad you a Nobs N (1) you have abandoned she Madfacu"d Horne, (2) you received two Nations In the prior one-year period, or (3) other extreme circumstances sales. After repossession you may have additional (low hinted) rights under Pa. Sta. Ann. W. 69 § 624 to reinstate this Contract any time up to the date of transfer of title to the Manufactured Home. by paying the installments in default wit out acceleration, plus any other obligation wKth you have ft01 hided, without Wlelft. plus our cods and rasa slowed by the law tied. REMEDIES: If you are in default on this Contract we have as of the remedies provided by law, this Contract, and any separate personal property security agreement, real nuts mortgage, or deed of trust. Before using a remedy, we will sad you wry notice and wail for any cure period that the law may require for that remedy. Our amedles include ate forawkg: A. We may require you to Immediatey pay us, subject to any refund required by law, to entire principal balance, plus earned Merest wa ri other agreed charges. S. We mey, but ere not required to. pay taxes, fees, expenses, asseamems, or Other Items or make repairs to the Property It you have not den 60. Any amount we pay will be added to the amount you owe us and will be dos Immedietey. This amount will earn Interest from the date paid at the role(s) S OF THIS CONTRACT described In the PROMISE TO PAY AND PAYMENT TERMS section. We may require that you establish and fund an escrow aCtOtat H ore In not already required C. We may require you to make to Property available to us at a place we designate that is reasonably convenient to you and us. 0. We may Immediately take poeasaslon 6f the Property by legal process or self-help, t we do so lawfuly. We may then sell to Property and apply what we receive to our reasonable expenses and Viso lowed your obligation, as allowed by law. E. Except when prohibited by law, we may sue you for addhionat amounts If time sae proceeds do not pay as you owe ua. Paragraphs C. and D. (above) apply on% to personal property ascutly, me arls. It this Contract Is seared y a mortgage or dead of that. ten the foreclosure of such Interest may impose other cut es and lnttatore on ow rit(ro and remedies, as provided by law and tine mongaps or dead of test. By choosing ary one or mors of less remedies, we do not waive our right to Ww use another remedy. It we do nil act an an event d default, we do not give up our 4M to later treat tat type at event me a defaun. You agree that N any notice Is required to be given to you of an Intended sais or transfer of the Property, raga is reasonable N MW M your Its( WW alfdress, as reflected In our records, at ism 10 days before the doe of the intended sale or i m filar (or such other period of time as Is squired by law). When real estate is the security. other odes may apply. You agree that. subject to your right to recover such property, we may take possession of personal property lea in or on the Property searing this Contract and taken into possession as WovgW above. N the U.S. Department of housing and Urban Development Insures this Contract under its Thie I Property Improvement and Manufactured Home Regulallom our dpi to make you pay of the entire Contract Is subject to the limbli ens of those regulations. INSURANCE: You agree to buy Insurance on the Properly with the types and anwuxde of coverage Indicated in to PROPERTY INSURANCE section, or as we otherwise raqusrs. You must name us as lost payee on any such policy. In the event of loss or damage 10 UN hwelry, we may lagtato aaawnd saQany or assurances W payment before we saaw insurance pmoseds to be used to repair or space On Properly. N insurance proceeds paid to us do not pay of you are her the b.lere.. You will keep the the Contract. kaurahce in clad wN Ws Contract is paid in full. If the premium for `idtat :a m01 * Cep :a° Is and In Insurance Is canceled elect wmkaleed 14 tan you spree to give in any pmv*m refund or rebate to you receive. We will credit the rekrd or abate to to aehart you owe w. We may, at our option, allow you to use the refund or rebate to help pay for apaoanwr Insurance tau you purchase. If you do not keep pass ptomaa, we may buy transience to proled our Interest N the Property. The Insurance we buy may include coverages beyond lhote we mq fm you to buy and may be from a company you miphl not choose. The rate we pay may be higher than a We you might haw to ply If you bury it yourself. We will add do premium for this Insurance to the smamt you awe ut. Any amount we pay will be due Immediately, This amount will earn IMCnilt Imm ell date paid at the appllo" contract rate(s). OBLIGATIONS INDEPENDENT: Each of you who signs this Contact is ndependenty responsible to pay it and to keep the other prontess made in this Conaael. The is true even It. A. Srmewa ere has also signed It. 0. We release, or do not fly to ceaect from mother who is also responeste to ply tlvs Cdsac. C. We rein" any security or do not try to take back any 0. 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 sapaefefy. WAIVER: To the extent permitted by law, you agree to give up your rit" to require US to do certain IhingL You do not gat a tide eights Ethat we provided In M Contact pw OF DEFAULT m*w* UnMas on low or r Oft Caatract provide Otherwise, we are not required to: (1) detailed payment of amounts due: (2) files notes that amounts der have not been paid, or have not base paid In de appropriate amount, Urns, or manner, or, (3) give notice that we Intend to mks, or are making, this Contract Immediately due. NOTICE OF PROPOSED INSURANCE: If so Indicated on the front at this Contract, credit life insurance coverage wxft cram accident and heats Insurance average MR apply b Nis Contract. The Insurance company named an the front of We Contrail will writs to Insurance. The Tswana covers only the person(s) signing to request for Insurance. The charge for each type of credit insurance to be purchased is as indicated on the kart of this Cahbaol The term of Insurance will begin as of the slate of this Contract and Will and on the alBind due date of this Catered. SuW to aaepurnce by the Insurance company and within 30 days. a carWlose of Insurance will be given to the Insured. If this Conrad Is prepaid before it Is due, a refund of insurance charges will be made when due. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF DOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ASSIGNMENT BY SELLER: The following It not part of the Contract between you and the Seller. It is pan or an ag-ment between the Seller and any Assignee. An "Assignee" is someone who may own this Contract or the right to receive your payments, or both SOW seed and assigns this Contract a the Assignee. Its Wcaaaors and assigns, hduding all Its rights, the, and merest in the Contrail, and any guarantee or separate security device. Sher gives Assignee full power, either In Its own name or in Shiers name, to lake all legal or other actions which Saver could have taken under the Contact. (SEPARATE AGREEMENT: a the Assigmanl Is made trader the terms of a separate agreement as Indicated In the ASSIGNMENT section of this Contrail, to temu of this assignment are described In a separate wmtdng(s) and not as provided below, unless the separate writing(s) Incorporate the agreement In whole or in pan.) Salter warrants: A. This Contract represents a sae by Better to Buyer on a time price base and not on a cash basis. B. The stasments contained in the Contract are true and corecL C. The down payment was made by am Buyer In the manner sated In the Conbaet and, except for the application of any manufacturers rebels, no pat of the down payment was loaned or paid to the Buyer by Soler or Sellers representatives. D. This sae was competed In accordance with all applicable laws and regulations. E. This Contract is vend and enforceable. F. The names ant signatures on the Contract are not forged, fictitious, or assumed, and are we and correct. Exhibit "B" 0943988071047360227003776356 Notice of Default and Right to Cure Default Dear: TO THE ESTATE OF VICKIE K DETWILER Datt4/310A09 Name and address of creditor: See reverse side. PhonAQ0 970 7250 Account number: 943988 Certified Mail #1104 7360 2270 0377 6356 Brief Identification of Credit Transaction: Retail Installment Contract, Promissory Note or Assumption and Modification Agreement dated: 10121/1999 and Secured by Manufactured Home and/or Real Property Amount to be Paid to Cure Default (Total of (1) and (2)): $134(38 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 mak64onthly payment's beginning witl0g&* 2009 payment, in the total amount of $ 1346.58 , and delinquency and return check charges totaling 500 , resulting in a total amount in default in this regard dW9.64 (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 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 865 380-3750 OR MAILED TO VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX 9800 Maryville. TN 37802 ATTENT10NAELINDA 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, taldng 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 1800 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] (Mar 2009) (Q#684) United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. 9501.596) (SCRA). Who Mayes Entitled to Legal Protections Under the SCRA? * 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 and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage. * The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 9 months after the 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 9 months after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. Such 9 month provisions expire on December 31, 2010, and effective January 1, 2011, such periods of time become 90 days. *The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or D=ndent Retest Relief Under the SCRA? * A servicemember or dependent, or bah, may request relief under the SCRA by providing the lender a written notice with a copy of the servicemembet's military orders. Written notice should be sent to: Attention: MEL NDA GOODRUM Vanderbilt Mortgage and Finance, Inc. 500 Alma Trail Maryville, -fN 37804 Hoar Does a Ser kemember or flnnendent Obtain Information About the SCRA? * Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at ba,/negalA n. *M law, f, illconrtent/locator,pho. * The U. S. Department of Defense's information resource is "Military One Source." The toll-free telephone numbers for Military One Source arc: 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 0377 6356 TO THE ESTATE OF VICKIE K DETWILER 7 BUFFALO DR SHIPPENSBURG, PA 17257 0943988071047360227003776349 Notice of Default and Right to Cure Default Dear: KEVIN D MOORE DatB/310M Name and address of creditor. See reverse side. Phond300 970 7250 Account number. 943988 Certified Mail #1104 7360 2270 0377 6349 Brief Identification of Credit Transaction: Retail Installment Contract, Promissory Note or Assumption and Modification Agreement dated: 10/21/1999 and Secured by Manufactured Home and/or Real Property Amount to be Paid to Cure Default (Total of (1) and (2)): $1346.58 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 mak&Ionthly payment's beginning witl0)T.6V1d2009 payment, in the total amount of $ 1346.58 , and delinquency and return check charges totaling $00 , resulting in a total amount in default in this regard dW9.64 (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 Cin 'nnati.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 TOME AT 865 380-3750 OR MAILED TO VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX 9800 M&Zndfl,. TN 37802 ,ATTENTIOr- i 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 x600 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] (Mar 2009) (Q#684) United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCR A Servicemembers on "active duty" or "active service," or a dependent of such a setvicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. r)01-596) (SCRA). Wbo May Be Entitled to Legal Protections Under the SCRA? * The SCRA states that, a debt incurred by a servicemember, or servicemember and spouse jointly, prior to entering military service shat) not bear interest at a rate above 6 percent during the period of military service and one year thereafter, in the case of an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage. * The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 9 months after the servicemembees military service, a corm may stop the proceedings for a period of time, or adjust the deli. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 9 months after the servicemembees military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. Such 9 month provisions expire on December 31, 2010, and effective January 1, 2011, such periods of time become 90 days. * The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dmendcm R== 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 m: Attention MELINDA GOODRUM Vanderbilt Mortgage and Finance, Inc. 500 Alcoa Trail Maryville, TN 378W How Does a Servicemember or Derendcw Obtain Information bout the SCR A? • Servicememben 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 11I1p / aniasg roue law of nil/r Q=W&MmLop. The U. S. Department of Defense's information resource is "Military One Source." 7be toll-free telephone numbers for Military One Source are: From the United Stares: 1-800342-9647. From outside the United States (where available): 1-800-341,6477. International collect 4845305747. P.O.Box 9800 Maryville, TN 37802 7104 7360 2270 0377 6349 KEVIN D MOORE 7 BUFFALO DR SHMPENSBURG, PA 17257 Exhibit "C" 7 A) V J CERTIWCATE OF TC`PLE FOR A VEHMLE ' OA7E AA 7T7UiD DATE OF ISSUE tp"bEN wEK w OVVA G em " 71T1E or"..m t ?, OOMIETER 6TATUS +?, .. * t . ? EXCEEDS THE RECHAWAL j ? ::ktt)EAMKf L AGE f A x .l. NGT TM AMUALMLSAQ*400&W FA `QOOHETER OISCLQ SAL LAW ''° 'WO,"`"°" loft'? IEQi97ER9D OWNEFt(SI 718801 i A+ ANTgU! YEN2.1 CLE V I C K I'V K D E T W I L ---- C . CL SAW VINCa O• COUECTita V0"m KEVIN 0 MOORE F Oworcoum T Q• OM=ftY WW FOR MON" B UFFALO DR ? , 'S HIPPENSBURG PA 17257 "EHME ;'SWA " , s , sTRerAOo T . RECOVEIIE9 THEFT VOW ` ? V . VEHICLE COICAM MSAIED VN . W FIRST LEN FAVOR OR SECOAD LIEN FAVOR OF. :== X TAMMAC CORPORATION M a fsomtd 91Madm rr 1fNE0 opal oaYrltmEFn tl Ur 4n.1Et? ISa drN 4'0 . A ?. Fadleler tltFtl knrera sm TaM m p" BMASU of Maa Ydidor TAIA ft FBr9T UsdRe aA? ?, End IwI. DATE r. p BY SSCOlO LfiN PELbt3E0 AURIORRED FiEPRE6EMATNE OATS MAn.MKi ADDRESS BY (131007 A1mlowzEOREPRESFJrTATNE .. TAMMAC CORPORATION 275 MUNDY ST ' NILKES BARRE PA 18702 I w* Y of to d w a kAto. Eu *WOW tooWs a tM Fmlvtfnpk D"m m d ymm m"m 1•Y vw b prig" Or OmA "AMMO Atrdn A+ no amm aarof d ? t"i1 rdiM9r.• D. G1BYCFAWD AND BwO1M to 9¢FOm um a mr .. . aaarnweaarwawAprrt"T arw a< S _, TM auarY ?+•+ wars tr t:raarr r 11Y r h .ryr a+areN Ar?w rMaa r+nF.ns+em?aar ar.rrWr aYr r ur. rr, 'l taGNAT11nE OFAMCWTOR AIf ORMIMP ai? I a MAIM OF OdAFNlrVMBnB OF AUIMOAOSD$ONO RAOL:Y' L AA'lrrf]RY ? saRevr7 e[ 7lamporfado b a o"umhow of m dlsn ym WNW Is Amid 9r1d IDIr VFl9 b " be bbd as Vad T«wds Wlh No of StrdV9r*W Mn dsM tx am ; ow o We gm to sulrhtkV oTXDa.) CHECK HERE CL OIMIwbi. 9m oft , a? as lrnwft in Cor na fon d".af one mm, ra.au of ww? amw 9 adoo t TBT LIEN DATE: -? F ND um t1TEOA ? 1 TST Lm m OLDER $TAM CRY STATE IIP RAJAMCLAL NSTffUfM NUMBER ANO 1991 DATE ? F NO UEFA CM M via UE003=11 , t STREET i CITY STATE, zr ,. FNANCW. msTnvncw mono t i t 1 f t i i 0 F144C ;??r e/? rug ! t } ,, i . ?, t,JtiJ ?V ?J ?. r Sheriffs Office of Cumberland County R Thomas Kline Sheriff FILED Ronny R Anderson ° C OF THE ? O.APY Chief Deputy r' • }f Jody S Smith 2009 JUL 21 Ali 9: 26 Civil Process Sergeant oFFaCE of THE S?4EAIFF (c tt0.l vI V1Y?f ? . iu ',.."O` I? may/ VIY? f Edward L Schorpp KIN" ISYLVA.,"41A Solicitor Vanderbilt Mortgage and Finance, Inc. I vs. Case Number Estate of Vickie K. Detwiler 2009-04220 SHERIFF'S RETURN OF SERVICE 07/20/2009 11:30 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 20, 2009 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Estate of Vickie K. Detwiler, by making known unto Kevin Moore, adult in charge at 7 Buffalo Drive Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. 07/20/2009 11:30 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on July 20, 2009 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kevin D. Moore, by making known unto himself personally, defendant at 7 Buffalo Drive Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hirr personally the said true and correct copy of the same. SHERIFF COST: $62.00 July 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Depu y Sheriff 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 Finance, Inc., PLAINTIFF, V. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non- profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 09-4220 CIVIL ACTION AS SUMPSIT/REPLEVIN/EJECTMENT PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Estate of Vickie K. Detwiler and Kevin D Moore, Defendants for their failure to file an Answer to Plaintiff's Amended Complaint within 20 days from service thereof and for Replevin of the 2000 Fleetwood Heritage Point Manufactured (mobile) Home having Serial No. VAFLXI9AB03127. 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. r Richard M. Squire Attorney for Plaintiff DATE: 801, 09 P THONOT 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 Finance, Inc., PLAINTIFF, V. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non- profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 09-4220 CIVIL ACTION VERIFICATION OF NON-MILITARY SERVICE Richard M. Squire, 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 are 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 the Estate of Vickie K. Detwiler and Kevin D Moore are over 18 years of age and reside at 7 Buffalo Dr., Shippensburg, PA 17257. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Richard M. Squire Attorney for Plaintiff 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. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non- profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS TO: Estate of Vickie K. Detwiler, deceased 7 Buffalo Dr. Shippensburg PA 17257 DATE OF NOTICE: August 11, 2009 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-4220 CIVIL ACTION ASSUMPSIT/REPLE VIN/EJECTMENT THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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. 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 Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 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. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non- profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS TO: Kevin D. Moore 7 Buffalo Dr. Shippensburg PA 17257 DATE OF NOTICE: August 11, 2009 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-4220 CIVIL ACTION ASSUMPSIT/REPLEVIN/EJECTMENT THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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. 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 Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 CF '!1-!ARY 2009 AUG 24 P 12: 07 .414.W p o ATT-4 Cc* luuaLa W* aaqbqs- ocy. ? walc0 Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, V. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non- profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS NOTICE TO: Estate of Vickie K. Detwiler, deceased 7 Buffalo Dr. Shippensburg, PA 17257 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. Prot Deputy Prothonotary Date Mailed: Office of the PROTHONOTARY Cumberland County 1 Courthouse Square Carlisle, PAA 17013-3387 717-240-6195 Date Vanderbilt Mortgage and Finance, Inc., PLAINTIFF, V. Estate of Vickie K. Detwiler, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non- profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder and Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 DEFENDANTS NOTICE TO: Kevin D. Moore 7 Buffalo Dr. Shippensburg, PA 17257 Pursuant to requir ments of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on , a judgment(decree)(order) was entered against you in this office in the proceeding as indicated above. Prothon Deputy Prothonotary Date Mailed: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vanderbilt Mortgage and Finance, Inc. Plaintiff V. Estate of Vickie K. Detwiler, deceased Kevin D. Moore : File No. 09-4220 COSTS (to be completed by Prothonotary) Pltf. Paid Deft. Paid Due Prothonotary: Other Costs Defendants PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY/CLERK OF SAID COURT: ( X? Issue writ of possession in the above captioned case and direct Sheriff to deliver possession of the following property to plaintiff: A 2000 Fleetwood Heritage Point Manufactured (mobile) Home having Serial No. VAFLX19AB03127. located at: 7 Buffalo Drive, Shippensburg, PA 17257 (,_) To satisfy the costs against the defendant(s), direct Sheriff to levy upon the interest of the defendant(s) in the following described property and to sell the same: Personal Property as follows: (--j Real Estate as per the attached description Date: August 21, 2009 Signature: Print Name: M. T o Address: 115 West Ave, Suite 104 Jenkintown. PA 19046 Attorney for: Plaintiff Telephone: 215-886-8790 Supreme Court ID No.: 85165 FiLErj-oI-' !C'E OF THt '' r ,1 ?r rAF?Y 2004 AUK 24 PM 12: 08 .:; p i *a4.OC p o Airy 4&. o o CSF (0a.oo " 79.50 " I+?.oo as . ,o PQ A-n-y *a.oo Neco ao lut0ou I aac toys urn4 Possessim 4" 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. 09-4220 Civil Term Estate of VICKIE K. DETWILER, deceased KEVIN D. MOORE Costs Attorney's $ 224.50 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 2000 FLEETWOOD HERITAGE POINT MANUFACTURED (mobile) HOME having Serial No. VAFLX 19ABO3127 located at: 7 BUFFALO 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. C is R. Lon o ota , Common Pleas Court of C berland County, PA Date 8/24/09 (Seal) 2 of 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VANDERBILT MORTGAGE AND FINANCE, INC. VS. ESTATE OF VICKIE K. DETWILER, deceased KEVIN D. MOORE WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 224.50 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: M. TROY FREEDMAN, ESQUIRE RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 215886-8790 ID# 85165 No 09-4220 Civil Term Attorney for Plaintiff (s) named By virtue of this writ, on the Where papers may be served appurtenances, and day of . I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy I R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County ?QUntr pt C'?r?nbrrt??? ALF-C -C. OF THE' 2009 Sr--? 18 PM 2: ?, b Mika- Vanderbilt Mortgage and Finance, Inc. Case Number vs. Vickie K Detwiler 2009-4220 SHERIFF'S RETURN OF SERVICE 09/18/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of possession is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $68.00 SO ANSWERS, September 18, 2009 ? 4/1'r/ °`' R THOMAS KLINE, SHERIFF By Sharon R. Lantz z 30 -7 J' r lot 2 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. 09-4220 Civil Term Estate of VICKIE K. DETWILER, deceased KEVIN D. MOORE Costs Attorney's $ 224.50 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 2000 FLEETWOOD HERITAGE POINT MANUFACTURED (mobile) HOME having Serial No. VAFLX19ABO3127 located at: 7 BUFFALO 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. Date 8/24/09 C s R. Long on taryCommon Pleas Court of C berland County, PA (Seal) FROM ? ? 1wt*reo#, 4 here unW 88 MAPS" 11. of raid c?o?rtt +&;;1p. N9 ? y r' l 2 of 2 No 09-4220 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VANDERBILT MORTGAGE AND FINANCE, INC. VS. ESTATE OF VICKIE K. DETWILER, deceased KEVIN D. MOORE WRIT OF POSSESSION P.R.C.P. 3160-31165 ETC. Costs Att'y $ 224.50 Plff(s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: M. TROY FREEDMAN, ESQUIRE RICHARD M. SQUIRE & ASSOCIATES, LLC ONE JENKINTOWN STATION, SUITE 104 115 WEST AVENUE JENKINTOWN, PA 19046 215886-8790 ID# 85165 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