HomeMy WebLinkAbout11-11644
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Attorneys for Plaintiff i Cali,;'
C 1, + s.
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
Vanderbilt Mortgage and Finance, Inc,
PLAINTIFF,
V.
Pamela Deshong
Any/All Tenants/Occupants
134 Shippensburg Mobile Est.
Shippensburg, PA 17257-9536
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
1
t V J ? ?
DOCKETNO. 11-11 Lit/
CIVIL ACTION
AS SUMPSIT/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
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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 notification. Ademas, la corte puede decidir
a favor del demandante y requiere que usted cumpla con todas las provisioner 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.
Pamela Deshong
Any/All Tenants/Occupants
134 Shippensburg Mobile Est.
Shippensburg, PA 17257-9536
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO.
CIVIL ACTION
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. Plaintiff, Vanderbilt Mortgage and Finance, Inc ("Plaintiff'), is a corporation with its
principal place of business at 500 Alcoa Trail Maryville TN 37804.
2. Defendant, Pamela Deshong, is an adult individual residing at 134 Shippensburg Mobile
Est., Shippensburg, PA 17257-9536.
3. On or about November 9, 1996, Defendant Pamela Deshong 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 $30,128.00 for a 1996
Commodore Manufactured (mobile) Home having VIN number CU30123A
(hereinafter referred to as "Manufactured Home). 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 Pamela Deshong was and is obligated to
tender and deliver to Plaintiff $295.80 per month for 240 consecutive months
commencing December 19, 1996.
COUNT ONE - IN ASSUMPSIT
(Vanderbilt Mortgage and Finance, Inc v. Pamela Deshong)
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 3 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 April 19, 2010 through the present date.
8. Plaintiff has provided Defendant with written notice 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, 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, inter alia,
Plaintiffs costs and attorneys' fees pursuant to Page 3 thereof.
11. As of January 27, 2011, Defendant's outstanding balance is $22,367.43, calculated as
follows:
Prin., Int. And Late Charges through January 27, 2011 $18,956.93
Attorneys' Fees $3,410.50
Total $22,367.43
12. Interest shall continue to accrue at $4.79 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, 15 U.S.C. §§1692 ET
SEQ., AS ENACTED AND AMENDED, THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DEFENDANTS MAY
DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANTS DO
SO IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THIS PLEADING IS
RECEIVED, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANTS WITH
WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE
VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANTS THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR IF DIFFERENT FROM ABOVE.
WHEREFORE, Plaintiff demands judgment in assumpsit be entered in its favor and
against Defendant, Pamela Deshong, for the sum of $22,367.43 plus additional pre judgment per
diem interest, additional post judgment per diem interest, additional attorneys' fees, additional
costs; for immediate possession of the Manufactured Home; for immediate ejectment of
Defendants; and for such other and further relief as the Court deems just and proper.
COUNT TWO - IN REPLEVIN
(Vanderbilt Mortgage and Finance, Inc v. Pamela Deshong)
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.
3
18. The aforesaid security interest has been perfected by virtue of the fact that Plaintiff is listed as
lien holder on the 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 4 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.
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
Defendants; and for such other and further relief as the Court deems just and proper.
COUNT THREE - POSSESSION/EJECTMENT
(Vanderbilt Mortgage and Finance, Inc v. Pamela Deshong and Any/All Tenants/Occupants)
21. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at
length herein.
22. Defendants are unjustifiably withholding possession of the Manufactured Home from
Plaintiff.
23. Plaintiff is entitled to immediate possession and immediate enjoyment of the Manufactured
Home, located at 134 Shippensburg Mobile Est., Shippensburg, PA 17257-9536.
4
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
B
y: x'4
M. Troy Freedm ; Esquire
115 West Avenue, Suite 104
Jenkintown, PA 19046
215-886-8790
Attorneys for Plaintiff
Date: January 27, 2011
5
Richard M. Squire & Associates, LLC Attorneys for Plaintiff
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
Vanderbilt Mortgage and Finance, Inc,
PLAINTIFF,
V.
Pamela Deshong
Any/All Tenants/Occupants
134 Shippensburg Mobile Est.
Shippensburg, PA 17257-9536
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO.
CIVIL ACTION
ASSUMPSIT/REPLEVIN/BJECTMENT
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.
lQ
M. Troy Freed an, Esquire
Attorney for Plaintiff
Date: January 27, 2011
Exhibit "A"
RETAIL MiSTALWENT CGWTRACT Sever MT coca News ntc eu*r oESHOtig. PAN&A S.
Wl SECURITY AGREEMENT r 134 s6tE
Address 761o MOLLy mrcmES11Wy Address SHMNSSUSte, rA 11267
No, SHIPM8011110, PA 17267
Date Ala d 11L 'We' and "us" mean the Sever above, "You" and "your" moan each Buyer above
Its successors and assigns. and guarantor, jointly and In lividually.
SALE: You Was to purchase from us, subject to the terms and conditions of this Contract and Security Agreement, the Vehicle in he
Present cauAtion described below.
Year Make Model Manufacturer's Serial Numbers License No.JYeer
c ?
OTHER DESCRIPTION: Site: t4xso
Xnefet4?s: S?iR.Ti??, Tie?
SECURITY: You give us a parity interest in the Vehicle described above. The Vehicle shall be complete with all ocasslam,
attachments, aecesawles, equipment, and proceeds of the Vehicle. The delivery and acceptance of the Vehicle Is acknowledged by
you. Our security imsrest will not extend to consumer goods that ere not installed in or affixed to the Vehicle more than 10 days attar
we enter into this Contract with you.
PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ 30133,00 , plus tirwncs
charges accruing at the rate of 10.25 % per year until maturity. You agree to pay this Contract according to the
payment schedule and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES, and pay any additional amounts
according to the terms and conditions of thls Contract. After maturity. or after we have demanded payment of earned but unpaid
amounts, we will, instead, earn interest at 10 , 25 percent per year. {
DOWN PAYMENT: You also agree to pay on or before today's date the down payment of any cash, rebate and net trade-in value
described on papa 2.
O MINIMUM FINANCE CHARGE: We may retain a minimum finance charge of f _,_ if you pay all this Contract
before we have earned that much Interest.
TRUTH IN LENDING DISCLOSURES
ANAL FINANCE CHARGE AMOUNT TOTAL OF PAYMENTS TOTAL SALE PRICE
PERCEN AGE RATE The dollar amount the FINANCED The amount you will have The total cost of your
The cost of your credit credit will cost you. The arnornt of cnaud paid when you have made purchase on credit,
as a yearly rate. provided to you or all scheduled payments. Including your down
on your behalf, payment of 6 3315,00
10.20 96 3 40864.gO 8 30128.00 0 70992.00 f 74307.00
P t 8CWule: Y our anent schedule will be
Number of Psymenta Amount of Payments When Payments Are Due
240 8 795.80 1 'T= l bet landnj__ 1,7 L is .
? and each month Owepshet Lm POI,.
Security: You are giving a security interest in the Vehicle being purchased.
50 Late Cha?gw: You will be charged 2% per month an the amount of the payment in arresu by move than 10 days.
A
i
ssumpt
on: someone buying your home cannot assume ihoobligation an the original terms.
Prepayment: it yyou pay off this Contract early, you (`J may IN will not have to pay a pmialty. Filing Fees $ _.2Q . aQ_
Contract Provisions: You can sae
our Contract doc
ments t
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out nonpayment, dalault, any inquired
repayment before if* scheduled data, and prepayment rofurds atul penalties.
If You do not meet your Contract obligations, you may lose your house, the property t1tat you bought with this loan, or household goods
and furniture, your motor vehicle, or money in your account with us.
CREDIT INSURANCE: Credit life insurance and credit disability PROPERTY INSURANCE: You we required by us to Insure the
insurance are not required to obtain credit. Credit life insurance Vehicle securing this Contract. You shall have the option of
and credit disability insurance will not be provided unless you sign trnnishing the required Insurance either through existing policies of
and agree to pay the additional cost. Insurance owned or controlled by you or procuring and furnishing
For First Buyer
CREDIT LIFE: For Second Buyer
For Both Buyers
Premium: 3
CREDIT For First Buyer
DISABILITY: For Second Buyer
For Both Buyers
the equivalent insurance coverage through any kawance comperry
authorized to transact business In Pennsylvania. insurance
covering risks of: t) loss or liability related to do Vehicle, 21 the
use of the Vehicle, 31 goods or servk:ee related to the Vehicle„ 4)
mechanical breakdowns, or a service contract or warranty is
optional and not Included unless checked and tndicatell below.
LIABILITY INSURANCE: Uabvlty insurance coverage for bodily
Injury and property damage caused to others Is not included In
this Contract unless chocked and Indicated below.
SECURITY: You give us a seewity Warest in the Vehicle described above. The Vehicle shall bd complete with all accessions,
attatdsrients, acosatodes, eau{atnant, andoproceeds of the Vehicle. The delivery and acceptance of the Vehicle Is acknowledged by
you. 0m security intstm willll toot extend t consumer goods that are not installed In or affixed to the Vehicle more than 10 days after
we entdf Into this Contract with you.
PROMfbE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $x30133.00 , plus fim,ace
chages accruing at the rate of % per year until maturity. You agree to pay this Contract according to the
payment schedule end fate charge provisions shown In the TRUTH IN LENDING DISCLOSURES, and pay any o"flonal amamts
according to the tams and conditions of this Contract. After matwity, or after we have demanded payment of earned but un:•eld
amounts, we will. Instead, cam interest at 10.25 percent pa year.
DOWN PAYMENT: You also agree to pay on or before today's data the down payment of any cash, rebate and rot tram-in v glue
described on page 2.
? SAMIMUM FINANCE CHARGE: We may rstsh a minimum finance charge of /, If you pay off this Contract
before we have earned that much Interest.
TRUTH IN LENDING DISCLOSURES
MW
E FINANCE CHANCE AMOUNT TOTAL OF PAYMENTS TOTAL SALE PRI l
PMOTAI
BATE The dollar amount the FINANCED The amount you will have The total cat of your
The cost of Vow credit credit will cost you. The amount of credit paid when you have made purchase an credit,
as a yearly rate, provided to you or all scheduled payments. Including yaw down
on your behalf. Parpant of 1 3315. On
10.26 % 40864.00 1 30128.00 0 70992.00 S 74307.00
SOhtdaN• Y our ent schedule will be
Number of P to Amount of Payments When Payments Are Due
1
24Q 295.90 1 Cl of each Month kagbft 141 'br--C .10
a
text each MWh thereafter tons nN,
i
Security: You are giving a security Interest In the Vehicle being purchased.
® Late Charge You will be charged 2% per month on die amount of the payment in writers by man then 10 days.
S
i
h
A
i
ssumpt
on:
omeone buy
ng your
ome cannot assume d?e tionon tiro original terms,
Prepayment: It yyou pay off this Contract early, you ? may Wj will not have to pay a penalty. Filling Fees $ 20.00
Contrast Provialou 1: You can see you Contract documents for any additional information about nonpayment, defauh, any raquirod
r eat toil an the scheduled dote, and prepayment refunds and penalties.
11 you do set most Vow Contrast oblations, you may lose your house, the property that you bought with this loan, or household goods
and furniture, Vow motor vehicle, or money In your account with us.
CREDIT INSURANCE: Credit lite insurance and credit disability PROPERTY INSURANCE: You we r#t*ed by us to insure the
Insurance are not required to obtain credit. Credit life Insurance Vehicle securing this Contract. You shall have tit option of
and credit disability Insurance will not he provided unless you sign furnishing tit required huweewcs either through existing policies of
and agree to pay the addhtloq#l cost, insurance *wised or controlled by you or proeutMeg snd furnishing
! For First Buyer
CREDIT LIFE: For Second Buyer
For Both Buyers
Premium: 1
CREDIT For First Buyer
DISABILITY: For Second Buyer
For Both Buyers
Ptemlum: 1
For First Buyer
For Second Buyer
For Both Buyers
Premium: 1
Insurance Company Name and Home Office Address:
I Want the Credit Insurance Specified Above:
First Buyer Second B u
the equivalent blare me covsrape through any Inwrancs company
authorized to transact business in Pennsylvania. Msura,e s
covering risks of, it bas or Babillty related to the Veltkb, 21 11114
use of the Vehicle, 31 goods a services related to On Vehicle, 41
mschi nlaal breakdowns, or s service contract or warranty Is
optional and not keakeded unless checked and Indicated below.
LIABILITY INSURANCE: Liability Insurance coverage for boraly,
hilu y and progeny damage caused to others Is not Included in
this Contract unhss checked and Indicated below.
11 you get the insurance from or through its, you will ray
I 278.00 for 11 Moths of coverage,
The Vehicle insurance premium Is calculated as follows:
? Fba•Thsh and Combined AddT Coverage 11
? $ _Deductible Comprehensive Cov. $
? $ _Deductible Collision Coverage 1
? 6
? 6
? A chaps for an Extended Service Contract In added to +1ds
Contract, The Extended Service Contract sold or provided by is
Is:
Coverage: for Term: _
MODERN CREDIT PROTECTION POLICY:
Premium $ for of coverage.
MOTOR VEHICLE rp.w i a
01967, IM BrY,ry ihlp.w Y,C., el. Cr0u0. MN 11a00•?e7•tf?tl re,p11111NMVLA!•?A sum.
ORIGINAL
ITEMIZATION OF AMOUNT FINANCED
Vehicle
(including accessories, delivery, services,
and sails tax of S 0.06 ?
Extended Service Contract
Cash Price
Cash Down Payment • 3115.06
Manufacturar's Rebate • 0.00
Description of Trade-in
Trade-in • 0. go
less: Amount owing 6 6,20
tpsld by Segal
Not Trade-in
Down Payment
Unpaid Balance of Cash Price
(Cash Price less Down Payment)
Paid to Public Officials- Soles Tax / Tire Tax
Paid to Property Insurance Company ir MCPP
Paid to Credit Life Insurance Company '
Paid to Credit Disability Insurance Company
Filing Fee I UCC
To: Notary & Mp f Fwd Moat
To: _
Other Charges
finckclwrg Amounts Paid to Whata on Your Behalli
$ 33100.20 _
6 0.00
• 33100 00
S. We, in good faith, believe that the prospect of payment or
the prospect of Vow performance of any other of your
obligations under this Contract is impaired.
If you default, you agree to pay court costs we incur to collect
this Contract as well as attorneys' fees It we refer this Contract
for collection to an attorney.
If an event of default occurs as to any one of you, we may
exercise our remedies against any or all of you.
REMEDIES: 11 you ere in default on this Contract, we have erg of
the remedies provided by law and this Contract.
A. We may require you to Immadratilly pay to the remaining
unpaid balance of ilia amount financed, finance charges.
lass any refund required by law, and all other agreed
charges.
0. We may pay taxes, assessments, or other Ilona or make
repairs to the Vehicle if you haw not done so. We are not
requited to do so. Any amwnt we pay will be added to the
amount you owe us, will be Immediately due, and will earn
I1?a 09, interest from the date paid at the highest lawful contract
rate permitted by low until paid in full.
• 3310.06 C. We may (mmedistely take possession of the Vehicle by lapel
process or self-help, but in doing so we may not breach the
peace or unlawfully enter onto your premises. We may then
• 1l7a5.ao sell the Vehicle and apply what we receive as provided by
•??o_ .__ law to au reasonable expenses and then toward your
secured obligations.
11274.09 o.oo 0. We maybe entitled to a deficiency judgment against you if
• Lao _ the proceeds of the sale do not pay all of the expenses and
11 _o. 09 what you owe us lexcept when prohibited by law).
__.__z 00 By choosing any one or more of these remedies, we do not
4_?0_o0 o,oowaive our right to later use another remedy. By deciding not to
3 z5?oo.,__ 25, cause any remedy. we do not give up our right to consider the event
b a default if it happens again. J.
You agree that it any notice 'a required to be given to you of
the intended sale or dispositiontgf the Vehicle, this notice will be
• 1u.a0 considered reasonable it sent by mail to your last known address,
ILmss) Prepaid Fktanee Chagas as rallected in our records at least 10 der s be/ore the data of the
Amount Financed
(Ulnpsid Balance of Conti Price plus Other Charges) • 1o13a.o0
You agree to the terms on Pages 1, 2, and 3 of this Contract.
ADDITIONAL TERMS OF THE CONTRACT
AND SECURITY AGREEMENT
GENERAL TERMS: As used in this document, Contract includes
the forms of the Contract and Security Agreement, You have
been given an opportunity to purchase Ile Vehicle and/or services
described of page 1 for if,* cash price or the total sale price. The
total sale price is the total price of ilia Vehicle and/or services it
you buy it over time. The total sale price shown in the TRUTH IN
LENDING DISCLOSURES is based on ilia assumption that all
payments will be made as scheduled. You agree to buy thus
property and/or services train us at ilia actual total sale twice
according to the terms of ilus Contract.
You agree the Contract will be governed by ilia low of 1hn
Slate of Pennsylvania. You agree that we have not made any oral
warranties of
promises regarding the property. Thus Contract
takes effect when signed by you. If any part of this Contract
cannot be enforced, this fact will riot affect the remaining teens.
WARRANTY: Vehicle warranty information is supplied to you
separately.
PREPAYMENT: Your may prepay title Contract in part or in (till at
any time. Any partial payment will not excuse any later scheduled
payments until you pay in full.
OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving
us a security interest in the Vehicle, you represent and agree to
the following.
A. You will defend this property against any claim made by
anyone else. You will do whatever is necessary to keep our
claim to the Vehicle ahead of the claim of anyone also.
0. The security interest you are giving us in this Vehicle comes
altoad of the claim of any other of your general or secured
croditos. You have signed or Immediately will sign any
additional documents or provide us with any additional
information we may require to keep our claim to the Vehicle
ahead of the claim of anyone etas. You will not do anything
to change our Interest In the Vehicle.
C. You will keep the Vehicle In your possession in good
condition and repair. You will use the Vehicle only for the
Y
urtarulnd disposition for such other period of time as is required by
fowl.
REINSTATEMENT: If the Vehicle has been repossessed or taken
through legal action, we may reinstate Ilia Contract and return the
Vahicle to you. The Contract will be reinstated if you pay all past
rho hstalintents, accrued default, plus any other amount lawfully
due under ilia Contract. In addition, you agree to pay for the costs
of suit if we retake the Vehicle through legal action. If default has
existed for moo than 15 days at the time of repossession, the
expenses for retaking, repsiring, and sluring the Vehicle as
authorited by law must also be paid by you.
NOTICE OF PROPOSED INSURANCE: You take notice Iimi
{poup credit life insurance coverage and/or group credit accident
and Itrahh insurance coverage will be applicable to this Contract it
sn marknd an page 1. Group credit file insurance coverage atdlor
Urnup credit accident and health insurance coverage will be
wtitten by ilia insurance company named. This insurance, subject
to acceptance by the insurer, covers only the person signing the
requnst for such insurance for each person signing the request far
joint credit life insurance). The arnourU of charge is indicated for
nach typo at credit insurance to he purchased. The lerm of
instwance will cnmmence no of ilia date the indabtednass is
incurred and will expire an the originally scheduled maturity dale
n1 the indebtedness. Subject to acceptance by the insurer and
within 30 days, tlare will he delivered to us a certificate or
insurance more lolly describing ilia insurance. In the evnnt of
prapayrnent of ilia indebtedness, a refund of insurance charges
will he made whin due.
INSURANCE: You agree to buy Insurance on the Vehicle against
the risks and for the amounts we require. You will norm us as
loss payee on any such policy. We may require added security on
this Contract if you agree that insurance proceeds may be used to
repair or replace ilia Vehicle. You agree that if the insurance
proceeds do not cover the amounts you still owe us, you will pay
ilia diflerence, You will buy the insurance from a firm authorgPd
to do business in Pennsylvania. You wig keep the insurance until
this Contract is paid in full, r
It you fail to obtain or maintain this insurance, we may obtain
insurance to protect our interest in the Vehicle. It youjail to name
us as loss payee, we may obtain Insurance to protect our interest
in the Vehicle. We will notify you If we do so. The cost of such
insurance will be added to the amount you owe its. The cast will
be immediately due. The cost Will accrue interest at ilia highest
1Jltpald Salartoa of Cash Price
(Cash Price less Down Payment)
Paid to Public Officials- Sales Tax / Tits Tax
Paid to Property Insurance Company / MCPP
Paid to Credit Ufa insurance Company
Paid to Credit Disability Insurance Company
tF)Nng Fee / UCC
To: item a fkaa i Head item
To:
peace or unlawfully enter oAip your prernisei. We may then
ell the Vehi
l
d
h
i
1 2l7t8. oo h
. Wy w
c
e an
at we rece
ve as provided by
1 0.00 law to our ressonabie expenses end then toward your
secured obligations.
0278.00 0. 00 0. We maybe entitled to a deficiency, judgment against you if
• 0.00 the proceeds of the sate do not pay all of the expenses and
1 0.00 0. 00 what you owe us lexcept when prohibited by law).
By choosing any one or more of these remedies, we do not
1 20.00 0 oowsive ow right to later use another remedy. By deckling not to
if a! , 00 :s . Douse any reme?
do not give up our right to consider the event
1 pp
a defat If it
-
You agree that If any notice Is required to be given to u of
Other Charges
finckrding Amounts Paid to Others on Your Behattl t 3N.0o
ILessl Prepaid Fi asma Charges It 11,00
Amount Flnaneed
itInpaid Balance of Cash Price plus Other Charges) • aolaa.ee
You ayes to the terms on pages 1, 2, and 3 of this Contract.
ADDITIONAL TERMS OF THE CONTRACT
AND SECURITY AGREEMENT
GENERAL TERMS: As used in this document, Contract inchafes
the terms of the Contract and Security Agreement. You have
been given an opportunity to purchase the Vehicle and/or services
desaibed on paps 1 to the ash price or the total sale price. The
total sale price Is the total price of the Vehicle andlor services it
you bury it over lime. The total sale price shown In the TRUTH IN
LENDING DISCLOSURES is based on the assumption that all
payments will be made u scheduled. You agree to buy this
property and/or services from us at the actual total sale twice
according to the terms of this Contract.
You agree this Contract will be governed by the taw of ilia
state of Pennsylvania. You ayes that we have not made any oral
warranties or proms" regarding the property. This Contract
takes effect when Waned by you. If any part of this Contract
cannot be enforced, this fact will not affect the remaining terms.
WARRANTY: Vehicle warranty information Is supplied to you
separately.
PREPAYMENT: You may prepay this Contract in part or in bill at
any time. Any partial payment will not excuse any later scheduled
payments until you pay in full.
OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving
us a security Interest in the Vehicle, you represent and agree to
the following
A. You will defend this pAlf forty against any claim made by
anyone she, You will dotwhatever is necessary to keep our
claim to the Vehicle Owed of tits claim of anyone else.
B. The security interest you are giving its in this Vehicle comes
aimed of the claim of any other of your general or secured
creditors. You have signed or immediately will sign any
additional documents or provide us with any additional
information we may require to keep our claim to the Vehicle
ahead of the claim of anyone else. You will not do anything
to change our interest in the Valticle.
C. You will keep tits Vehicle in your possession in good
conditlon and repair. Your will use the Vehicle only for trio
lawful purposes tot which it was intended. Unless otherwise
agreed in writing, the Vehicle will be located at your address
listed on page 1.
D. You will not attempt to sell ilia Vehicle kanless it is
inventory and identified as such) or otlurwisa transtar any
rights In this property to anyone also, without our prior
written consent.
E. You will pay all taxes and assessments on ilia Vehicle as
they become due.
F. You will notify us of any loss or damage to the Vehicle. You
will provide us reasonable access to the Vollicle for the
purpose of inspection. Our entry and inspection must be
accomplished in a lawful manner and without breaching the
peace.
G. You will endorse the certificate of title to this Vehicle, it
any, to show the security interest we have in this Vehicle.
DEFAULT: You will be in default on this Contract it any one or
more of the following occurs (except as prohibited by law).
A. You fail to perform any obligation which you have
undertaken In this Contract.
01992. 199411NOM er.u,n9. int.. 9t. Chun. MN (1.400 317-73411 Fun R540AVLAZ PA V210
the intended sale or disposition of the Vehicle, this notice wiff be
considered reasonable if sent by mail to your last known address,
as reflected In our records, at least 10 days before the date of dra
intended disposition (or such other period of time as Is required Irv
law).
REINSTATEMENT: If the Vehicle has been repossessed or taken
ttrough least action, we may reinstate the Contract and return ilia
Vehicle to you. The Contract will be reinstated if you pay so post
due installments, accrued default, plus any other amount lawfully
duo under the Contract. In addition, you agree to pay for the costs
of suit it we retake the Vehicle through legal action. If default has
existed for more than 16 days at the time of repouassinn, ilia
expenses for retaking, repairing, and storing the Vehicle as
authorized by law must also be paid by you.
NOTICE OF PROPOSED INSURANCE: You take notice that
group credit life insurance coverage and/or group credit accident
and health insurance coverage will be applicable to this Contract if
to marked on page 1. Group credit life insurance coverage and/or
group credit accident and health insurance coverage will to
written by the insurance company named. This insurance, subiact
to acceptance by the insurer, covers only the person signing the
request for such insurance lot each person signing the request for
pint credit fife insursneel. The amount of charge Is Indicated Irr
each type of credit insurance to be purchasod. The term of
insurance will commence as of the data the Indebtedness is
incurred snd will expire on ilts originally scheduled maturity date
of ilia Indebtedness. Subject to acceptance by the Insurer and
within 30 days, there will be delivered to us a certificate of
insurance more fully describing the insurance. In the event of
prepayment of the indebtedness, s rotund of insurance charges
will be made when due.
INSURANCE: You agree to buy insurance on the Valicle against
the risks and for ilia amounts we require. You will time us as
loss payee on any such policy. We may require added security on
this Contract it you agree that insurance proceeds may be used to
repair or replace ilia Vehicle. You agree that if the insurance
proceeds do not cover tiro amounts you still owe us, you will pay
ilia difference. You will buy ilia insurance from a firm authorized
to do business in Pennsylvania. Your will keep the insurance until
this Contract is paid in full.
If you fail to obtain or maintain this insurance, we may obtain
insurance to protect our interest in it% Vehicle, 11 you fail to name
us as loss payee, we may obtain insurance to protect our interest
in ilia Vehicle. We will notify you it we do so. The cost of such
insurance will be added to the amount you owe its. The cost will
Ire immediately due. The cost will accrue interest at the highest
lawful contract rate, until paid in full.
WAIVER: You give up your rights (to the extent permitted by
law) to require us to do certain things. You will not require us to:
Of damn d payment of amounts data; 121 give notice that
amounts due have not been paid; (3) love notice that we we
making the Contract immediately due.
OBLIGATIONS INDEPENDENT: Each person who signs this
Contract agrees to pay this Contract according to its terms. This
means the following,
A. You must pay this Contract even it someone else has signed
it.
S. We may release any cc-signor or guarantor and you will still
be obligated to pay ilia Contract.
C. We may release any security and you will still be obligated
to pay the Contract.
D. If we give up any of our rights, it will not affect your daily v.
pay this Contract.
E. It we extend new credit or renew this Contract, It will not
affect your duty to pay this Contract.
aNOW .err .e
t
ORIGINAL ?-'
FTC NOTICES
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.
IF YOU ARE BUYING A USED VEHICLE, THE
INFORMATION YOU SEE ON THE WINDOW FORM
FOR THIS VEHICLE IS PART OF THIS CONTRACT.
INFORMATION ON THE WINDOW FORM
OVERRIDES ANY CONTRARY PROVISIONS IN THE
CONTRACT OF SALE.
THIRD PARTY AGREEMENT
By sippnhnp below you agree to give us a security interest In
the VsliCls described on page 1. You also apse to be bound
by the terms of this Contract, Including the WAIVER section on
page 2, EXCEPT that you will not be liable for the payments it
requires. You agree that we may renew, extend, or change this
Contract. You also agree that we may release any party or
Vehicle without releasing you from this Contract. We may take
time steps without notice or demand upon you.
You acklwwlodp receipt of a cotnpioted copy of this Ceatreet
and Security Agroutwltt.
Date
Name
NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN
EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
Buyer: Buyer:
ii- R-Y&
Sip ture: Date Signature: Date
//. 9.94 r
Sipnslurs: Date Signature: .t Date
BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CONTRACT
Buyer:
Buyer:
:?u_?i- - /i• 9 - F6
Signature; Date Signature: Date
Signature: Data -
Signature; Dste
ASSIGNMENT: This Contract and Security Agroement is
assigned to FIRST FEDERAL SAVINOe 6 LOAN ASSor, _
Iname and address), the Assignee,
under tiro terns of the ASSIGNMENT BY SELLER below.
Sella(: MT ROCK HOMES MIC
By:
ASSIGNMENT BY SELLER
Seller sells and assigns this Retail Installment Contract and Sacurily Agreement on __'? tg ?iL to _
FMfT F,€DEML iAYM10a a tal??f AS,?Q¢??6 E &,L8q Y SjiVYOQL1EaiOlt.,?{6,91 ?__ !,_!? the Assignee, its aUC
this Contract this tract all its rights, title and interest in this Contract and Security Agreement, and atiy guarantee executed in connection with
t anti Security Agreement,
THIS ASSIGNMENT IS MADE: ? UNDER THE TERMS OF A SEPARATE AGREEMENT.
® PURSUANT TO THE FOLLOWING TERMS.
Seller gives Assignee full power, alttner in its own name or in Sollar's name, to take ail legal or other actions which Saver could have
taken harder Phis Contract. Seller warrants:
A. This Contract represents a sale by Sella to Buyer on a time price basis and not on a cash basis:
8. The statements contained in this Contract are true and correct;
C. The down payment was made by the Buyer in the manner slated on page I and no part of the down payment was loaned or
paid to the Buyer by Seller at Seller's representatives; ,
D TI ' I
us sa a was completed in accordance with all applicable federal and state laws aril regulations;
E. This Contract is valid and enforceable in accordance with its tams; '
F. The names and signatures on ilia Contract are not forged. fictitious or assumed, and are true and correct;
G. This Contract is not subject to any claims or defenses on the part of the Buyer;
H. A completely filled-in copy of this Contract well delivered to the Buyer at the time of execution: and
I. The Vehicle has boon delivered to the Buyer in good condition and has been accoplnd by Buyer,
If nny of these warrantiep is broached or untrue, Seller will, upon Assignee's demand, purchase this Contract from Assignee. The
witchase shall be in cash In the amount of the unpaid balance linclud ino interesil nlus the Mar and a.-n.....0 A._.--_
'NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT IN BLANK. YOU'ARE ENTITLED TO AN
EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS.
;;Mr. Buyer:
a-Data Signature: Date
&- c•y1
Signature: Date Signature: Date
BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS RETAIL INSTALLMENT CONTRACT
Buy
or, Buyer:
d4z.Z4_,-? Slgnatura: Date Signature: Date
Signature: Date
ASSIGNMENT: This Contract and Security Agreement is
assigned to FIRST FERAL SAYINGS 6 LOAN A>§SQ
(time and addressl, the Assignee,
tinder the tams of the ASSIGNMENT BY SELLER below.
Signature: Date
Seller: MT ROCK HOMES INC
By: lt-?
ASSIGNMENT BY SELLER
Sager sells and assigns this Retail Installment Contract and Security Agreement on +. i _L t9 rt to
[MST MOM HyMtos a Law AssoClas tl Lusntr ST. woof[€rJ..4!!• A111 the Assignee, its successors
and assigns, all its rights, title and interest in this Contract and Security Agreement, and any guarantee executed In connection with
this Contract end Security Agreement.
THIS ASSIGNMENT IS MADE: 0 UNDER THE TERMS OF A SEPARATE AGREEMENT.
(Z PURSUANT TO THE FOLLOWING TERMS.
Saga Sivas Assignee full power, either in its own name or in Seller's name, to take all legal of other actions which Seller could love
taken under this Contract. Seller warrants:
A. This Contract represents a sale by Seller to Buyer on a time price basis and not on a cash basis;
B. The statements containalltt in this Contract are true and correct;
C. The down payment was made by the Buyer in the manner stated on pate t and no part of the down payment was loaned or
Me to tits Buyer by Seger or Sellars representatives;
0. This sale was completed in accordance with all applicable federal and state laws and regulations;
E. This Contract is valid and enforceable in accordance with its terms;
F. The names and signatures on this Contract are not forged, fictitious of assumed, and are true and correct;
G. This Contract is not subject to any claims or defenses on tits part of the Buyer;
H. A completely filled•in copy of this Contract was delivered to ilia Buyer at the time of execution; and
1. The Vehicle has been delivered to the Buyer in good condition and has been accepted by Buyer.
If any of these warranties is broached or untrue, Soper will, upon Assignea's demand, purchase this Contract from Assignee. The
purchase shag be in cash in the amount of the unpaid balance tineluding interest) plus the cost and expenses of Assignee, including
attorneys' fees.
Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as ilia result of a recovery made against
Assignee as a result of a claim or defense Buyer has against Seller.
Salver waives notice of the acceptance of this assignment, notice of non-payment or non•petformance and notice of any other
remedies available to Assignee.
Assionea may. without notice to Seller, and without affecting Ilia liability of Sollar under this assignment. compound at release any
rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under this Contract.
UNLESS INDICATED BY CHECKING THE BOX BELOW, THIS ASSIGNMENT IS WITH4l,,T$E000IiSE.
0 WITH RECOURSE: Seller agrees that it the Buyer defaults on any obligation of payment or performance ureter this Contract and
Security Agreement, Seger will, upon demand, repurchase this Contract and Security Agreement for the amount of the unpaid balance.
including finance charges, due at that time.
Seller. MT ROCK HOMES INC
i
BY: Title- ??Tr
01917, 1994 Ir6xr SVAI n*, 410. IN. 011114 MN 11.4100-011147441 Fe NSWMVLAZ-FA I/ZAII 011P .? or 71
ORIGINAL
Exhibit "B"
?zx
0906396071047360227006193358+
Notice of Default and Right to Cure Default
Dear. PAMELA S DESHONG Date: 711512010
Name and address of creditor. See reverse side. Phone: 800 970 7250
Account number: 906396 Certified Mail k: 7104 7360 2270 0619 3358
Brief Identification of Credit Transaction: Retail hmdhu t Contract, Promissory Note or Assumption
and Modification Agreement dated: l tf tS11996 and Sawed by Manufactured Home and/or Real Property
Amount to be Paid to Cure Default (Total of (1) and (2)):$ 877.40
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 teceive this notice or the date on which we transfer tide to the manufactured home which secures your account (if the
manufactured home is personal property atd you do not tare 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) IXl to matte Monthly payment(s) beginning with your 04/19/2010 payment, in the total smount of
S 862.40 , and late charges for this payment(s) rotating S t 5.00 resulting in a total
amount in default of $ 877.40
(2) [ Ito pay property taxes or other assessments on the manufactured home and/or real property which secures your
account in the amount of $
(3) I Ito provide as with evidence of ;roar having adequate homeowner's or property damage insurance (including flood
insurance if applicable) on the manufactured or modular home which secures your contract
The total unpaid late charges for this account are S 15.00 (including the late charges hated above).
Cum 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 you default within such 45 day period and we recover the manufacnmed home), you may cute
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 Cincim at;.OH 45274-2533 , tf (3) above hag been marked, within the sometime frame ad forth above, you
may cure this default by your sending, and our receiving, a copy of your haineowner'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 MvwiL4_ TN 37802 , ATTENTION:CONNIE POTTER 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 tights against you under rim law by
• demanding that you pay the total slaount dire under the contract;
• if you do not pay the total amount do 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 hum;
• 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 read 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 tams of your contract and as permitted by law; and
• reporting your default, our recovery of the home and/or foreclosure of the teal 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 before we melt it if you pay us the full amount due under the
contract. Additionally, you may have the right to reinstate the contract before we well the horse. With respect to real property
you have such rights to redeem or reinstate as may be provided under state law or in the motgage, dad of nest, or other
security instrument which secure your contract. Please note Out should you make a payment to as 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 Furnace. Inc. at the
above address or call me at 800 970 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 hone, 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 sutra 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 hone to the site of sale.
VANDERBILT MORTGAGE AND FINANCE. INC.
[Lt 116] (Q#975)
thined Slate, Uryawem of Housing and Urban Deve4suss Senven . nbm Civil Relief Act Notice
t? 1 Rieata aed Pmhr.:ti,au I..M CrRA
Setvk--nb- ere "active deny" ar'Wd. aervi-" nr a dq odean of such a aevlceasember may be edified b mash. legal pmts i..
and den relief purvaaa eo the Sa,--bmCivil Relict Act t5a USC App. ## 5U1.5%) (SCRA).
Editled 1 1..? P1oon.:tiims lads C RA7
Who his, He
' Active duty a:embeo of the May. Navy. Air Fmoa Marine Cary. Caw Cue& aW active s-e Nod ad Guud:
• Aatve service member of do cm mianimset asps of de Nad,mst occur is urn Aunw t c& Adtddsnwm
• Arrive aervke i w t n atthe amuWnk d saps of due Peptic Haah Service:
' Uaiwd Sion 60noo arcing with the armed form of a nathm with whkh the Uniard Stags is salad in the p'--im of a warm
military anion: and their epo &,
What Les-1 Pmwi A C.,.,L+e-mhem Fe' kd T, I fader M C RA4
(entice codidles on reverse ally
• Tim SCRA now that.. debt imartred by a arvicenmber, ar -vicemember ad gxmve icy, pniorm enoaiog auliauy m rice
/loll ON bear WWW u a rue abme 6 PCMVM dumtg the pesid Of mllitaty service ad One YW 1heRJfke, in the Cate of an obugoia or liability
consisting of a mortgage hurt decd, or od w tecority m the moue of a mortgage.
v The SCRA stases dn4 in a kgd action to cd'arce a debt agulto teal cow dap it filed during, or within 9 mndu ahlr the
service ate mbees miliary service, a cant may nop the p-dirsgs fie a perind of dme, w adjmt the debt. N addition, the rte,
f-locum, a seizure of rod estate dull not W valid If it accun dwiom or within 9 Rtereha 10w the srtviumembW. miliuy [,vice unless
the C10diaR Imo ahWned • coon ado apptoviy the wile. faeciaaase. a sdture d th red!crate. Such 9 morph pm Mann eaphe on
December 31. 2010, ad effmiae Jtasnry 1, ?011, otdt periods of time boom! 90 days.
• The SCRA coals mrry otbr proiewons besides those applicable to home lam.
How Does A Servfaemeerer ar Ilmatderl Reo,ett ReOd under th SC'Rw?
` A aetvpzvmnbc a depeadee4 or boll, maY tegtteel rdid'usdS the SCRA b1r pmvidios the furrier a ,dues mrke with a copy of th
-.ameml- military oNess. Written nod. rhould be 9W to:
Atk.t-: CONNIE P07-fEIt
Vattderbih butt ase and Fiume. Inc.
5W Aksa Tend
Maryville IN 37804
Haw Dam a Swviwm?hr a r]nn_ pn.° araMyAaO Aha dm N'Rw'
e Servicerne tbina sod deperdenn with Qnetidpw limn dm SCRA should wouck their Ndfa ludge AdWtak,"Ihdr irmaltetion'a Legal
Asahhanae Officer. A milinty kph wasunee offal locator far each hlrtch of the awed farces 6 avaWble at
• The U. S. Deportment of Defmme'a khrundon teso rce b,'Militw Ord Son=." The toll-free telephone nnmben for Mifitay One
Source are: Front the United Sues: 1- M4342-9617. From outside the United SINS (where ava l bit): 1480b342.6477. InteepatiaW
collect 4!4.530.5747.
P.O.Bua 98W
Maryville IN 37802
7104 7360 2270 0619 3358
PAMELA S DESHONG
134 SHIPPENSBURG MOBILE ESTATES
SHIPPENSBURG, PA 17257-9536
Exhibit "C"
r*NVY_
OF TITLE FOR A V
CERTIFICATE
EHICLE
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(TYPE OR PRINT) Certificate of Title must be submitted within 20 days, unless the purchaser is a registered dealer holding the vehicle for resale
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?,1? of ?ttutGFr
_ FILED-OFFl?'c
s
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Vanderbilt Mortgage and Finance, Inc. Case Number
vs.
Pamela Deshong 2011-1164
SHERIFF'S RETURN OF SERVICE
02/03/2011 05:58 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 3, 2011 at 1758 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Pamela Deshong, by making known unto herself personally, at 134
Shippensburg Mobile Estate, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at
the same time handing to her personally the said true and correct copy of the same.
AA TSHAL , DEPUTY
02/04/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Occupant of 134 Shippensburg Mobile Estates,
Shippensburg, Pennsylvania 17257, but was unable to locate them in his bailiwick. He therefore returns
the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for
service at 134 Shippensburg Mobile Estates, Shippensburg, Pennsylvania 17257 is only occupied by
Pamela Deshong.
SHERIFF COST: $67.00
February 04, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(d i"Ou-:<ys:,ite sher.'i. T'eleo3ott Ine
F ILEO-OF- F IC E p+
e THE- PR0TH0NOl:
10,11 APR 25 PM 4' 17
Richard M. Squire & Associates, LLC
By: Richard M. Squire, Esquire
M. Troy Freedman, Esquire
ID. Nos. 04267 / 85165
CUMBERLAND COUNT
Attorneys fo
Attorneys for Plaintiff
Vanderbilt Mortgage and Finance, Inc,
PLAINTIFF,
V.
Pamela Deshong
Any/All Tenants/Occupants
134 Shippensburg Mobile Est.
Shippensburg, PA 17257-9536
DEFENDANTS
-IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO. 11-1164 Civil Term
CIVIL ACTION
ASSUMPSIT/REPLEVIN/EJECTMENT
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND REPLEVIN OF THE 1996 COMMODORE MANUFACTURED
(MOBILE) HOME.
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against Pamela S.
Deshong, and Any/All Tenants/Occupants Defendants for their failure to file an Answer to
Plaintiff's Complaint within 20 days from service thereof and for replevin of the 1996
Commodore Manufactured (mobile) Home having VIN number CU30123A.
I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2)
that notice has been given in accordance with Rule 237.1, copy attached.
RICHARD M. SQUI S CIATES, LLC
By: _
d? SO Richar . Squire, Esq. (PA I.D.# 04267)
M. Troy Freedman, Esq. (PA I.D.# 85165)
&9k';; 115 West Avenue, Suite 104
Jenkintown, PA 19046
?,((?ts?s ?(v? 215-886-8790
215-886-8791 (fax)
,1641 61 J1 rs uirenascuirelaw.com
tfreedman&squirelaw.com
Attorneys for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE:V'&[L
PRO ARY
FAChentsWanderbilt\Deshong - 378R\judgment ej.wpdTMB
rsquire&squirelaw. com
tfreedman(a squirelaw.com
Attorneys for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE:
PROTHONOTARY
FXIientsWanderbilt\Deshong - 378R\judgment ej.wpdTMB
Richard M. Squire & Associates, LLC
By: Richard M. Squire, Esquire
M. Troy Freedman, Esquire
ID. Nos. 04267 / 85165
for Plaintiff
Attorneys for Plaintiff
Vanderbilt Mortgage and Finance, Inc
PLAINTIFF,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Pamela Deshong
134 Shippensburg Mobile Est.
Shippensburg, PA 17257,
DOCKET NO: 11-1164 Civil Term
CIVIL ACTION
DEFENDANT.
VERIFICATION OF NON-MILITARY SERVICE
M. Troy Freedman, 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 Defendant 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 Defendant Pamela S. Deshong is over 18 years of age and resides at 134
Shippensubrg Mobile Est., Shippenburg, 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 & ASSOCIATES, LLC
By.
Richard quire, Esq. (PA I.D.# 04267)
M. Tr .Freedman, Esq. (PA I.D.# 85165)
115 West Avenue, Suite 104
Jenkintown, PA 19046
215-886-8790
215-886-8791 (fax)
rsquire@sq.uirelaw.com
tfreedmana
squirelaw. com
Attorneys for Plaintiff
FAClientsWanderbilt\Deshong - 378R\judgment ej.wpdTMB
Richard M. Squire & Associates, LLC
By: Richard M. Squire, Esquire
M. Troy Freedman, Esquire
ID. Nos. 04267 / 85 165
One Jenkintown Station, Suite 104
115 West Avenue
Jenkintown, Pa 19046
Telephone: 215-886-8790
Fax: 215-886-8791
Attorneys for Plaintiff
Attorneys for Plaintiff
Vanderbilt Mortgage and Finance, Inc.,
PLAINTIFF,
V.
Pamela Deshong
134 Shippensburg Mobile Est.
Shippensburg, PA 17257
DEFENDANT.
TO: Pamela Deshong
134 Shippensburg Mobile Est.
Shippensburg PA 17257
DATE OF NOTICE: March 10, 2011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 11-1164 Civil Term
CIVIL ACTION
MORTGAGE FORECLOSURE
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.
FAChentsWanderbilt0eshong - 378R\10 day notice."d\TMB
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
F:\C1ients\Vanderbi1t\Deshong - 378R\10 day notice.wpd\TMB
Office of the
PROTHONOTARY
Cumberland County
1 Courthouse Square
Carlisle, PAA 17013-3387
717-240-6195
Date. S b r
Vanderbilt Mortgage and Finance, Inc.
PLAINTIFF,
V.
Pamela Deshong
134 Shippensburg Mobile Est.
Shippensburg, PA 17257
DEFENDANTS.
NOTICE
TO: Pamela Deshong
134 Shippensburg Mobile Est.
Shippensburg, PA 17257
Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that
on l?d'? a judgment(decree)(order) was entered against you in this office in the
proceeding as indicated above.
Date Mailed:
FAClients\Vanderbilt\Deshong - 378R\judgment ej.wpdTMB
IN THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY,
PENNSYLVANIA
Vanderbilt Mortgage and Finance, Inc,
PLAINTIFF,
V.
Pamela Deshong
Any/All Tenants/Occupants
134 Shippensburg Mobile Est.
Shippensburg, PA 17257-9536
DEFENDANTS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO. 11-1164 Civil Term
CIVIL ACTION
ASS UMPSIT/REPLEVIN/EJECTMENT
PRAECIPE FOR WRIT OF POSSESSION
71
TO THE PROTHONOTARY/CLERK OF SAID COURT: MM
v
x
C'?
m
(check appropriate block) a ;:70 ra
??'
ra
LX_) Issue writ of possession in the above captioned case and direct Sheri*°
to deliver possession of the following property to plaintiff: - , r
A 1996 Commodore Manufactured (mobile) Home having VIN numkew ;>
CU30123A (hereinafter referred to as "Manufactured Home). located at: 112
Lakewood Drive, Bangor, PA 18013.
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:
(_) Real Estate as per the attached description
Date: March 15, 2010 Signature:
Print N e:_M. Troy Freedman
Addres : 115 West Ave. Suite 104
Du Jenkintown, PA 19046
Attorney for: Plaintiff
Telephone: 215-886-8790
Supreme Court ID No.: 85165
lq Jtl. G ?? ?i
1o(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. 11•-1164 Civil Term
PAMELA DESHONG ANY/ALL TENANTS/OCCUPANTS
134 SHIPPENSBURG MOBLE EST.
SHIPPENSBURG, PA 17257-9536
Costs
Attorney's $ 197.00
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., 500 ALCOA TRAIL, MARYVILLE, TN
37804
being: (Premises as follows):
A 1996 COMMODORE MANUFACTURED (MOBILE) HOME HAVING VIN NUMBER
CU30123A (HERINAFTER REFERRED TO AS ("MANUFACTURED HOME) LOCATED AT
112 LAKEWOOD DRIVE, BANGOR, PA 18013
(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.
f_
David D. ue11, Prothon r
C
ommon Pleas Court of berland County, PA
Date April 25,20 11
(Seal)
2of2
No 11-1164 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VANDERBILT MORTGAGE AND FINANCE, INC.
VS.
PAMELA DESHONG ANY/ ALL TENANTS/ OCCUPANTS
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 197.00
Plff (s) $
Prothy $ 2.00
Sheriff $
Plaintiff (s) attorney name and address:
M. TROY FREEDMAN, ESQUIRE, 115 WEST AVE., SUITE 104,
JENKINTOWN, PA 19046 (215) 886-8790
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
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff FILED-OFFICE
?fl ?,tn ?? ?c?n6rrf j r
Jody S Smith THE PROTHON014R
Chief Deputy' 2011 MAY 26 PM 2= 29
Richard W Stewart
Solicitor OFFICE Or T,.e SHERIFFICUMBERLANO COUNT Y
PENNSYLVANIA
Vanderbilt Mortgage and Finance, Inc. Case Number
vs.
Pamela Deshong 2011-1164
SHERIFF'S RETURN OF SERVICE
05/19/2011 03:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 19
2011 at 1552 hours, he served a true copy of the within writ of possession, in the above entitled action,
upon the within named defendant, to wit: Occupant, by making known unto Pamela Deshong,
Owner/occupant, at 134 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania
17257 its contents and at the same time handing to her personally the said true and correct copy of the
same.
05/19/2011 03:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 19
2011 at 1552 hours, he served a true copy of the within writ of possession, in the above entitled action,
upon the within named defendant, to wit: Pamela Deshong, by making known unto Pamela Deshong, at
134 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania 17257 its contents
and at the same time handing to her personally the said true and correct copy of the same.
SO ANSWERS,
May 25, 2011 RON R ANDERSON, SHERIFF
n uts 1, Deputy
(o) D unfySuite Shenff. 7eiecscft. Inc,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
r
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
#a?t'cr of l:?rruG?,«????
- tit >>, i t
'011 JU 21 P; 12• X5,1
MBERLAN
PEHN,SYLV ?41t-
Vanderbilt Mortgage and Finance, Inc.
vs.
Pamela Deshong
Case Number
2011-1164
SHERIFF'S RETURN OF SERVICE
05/19/2011 03:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 19
2011 at 1552 hours, he served a true copy of the within writ of possession, in the above entitled action,
upon the within named defendant, to wit: Occupant, by making known unto Pamela Deshong,
Owner/occupant, at 134 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania
17257 its contents and at the same time handing to her personally the said true and correct copy of the
same.
05/19/2011 03:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 19
2011 at 1552 hours, he served a true copy of the within writ of possession, in the above entitled action,
upon the within named defendant, to wit: Pamela Deshong, by making known unto Pamela Deshong, at
134 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania 17257 its contents
and at the same time handing to her personally the said true and correct copy of the same.
06/21/2011 By virtue of this writ, Sheriff Ronny r. Anderson caused the within named Plaintiff to have possession of
the premises described as 134 Shippensburg Mobile Estates, Shippensburg, Cumberland County,
Pennsylvania 17257-9536.
SHERIFF COST: $118.20 SO ANSWERS,
June 21, 2011 RON R ANDERSON, SHERIFF
13
- Sharon R. Lantz
(oi CountySuAO Shenff. TeieoSoft. InC. '?" `? C1 7 ??^