HomeMy WebLinkAbout11-7011Richard 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 Plainff THE F PC Tk ilyT
2UI1 SEP -9 i`r 1 r
CUMBERLAND Ct3Up4TY
PENNSYLVANIA
Vanderbilt Mortgage and Finance, Inc.,
PLAINTIFF,
V.
Melissa H. Landis
Larry L. Lehman
Any/All Tenants/Occupants
102 Rustic Drive, Lot 38
Shippensburg, PA 17257,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO. // - 10 elvlt errs
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, 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
717-249-3166 and 800-990-9108
0
e?20su?
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.
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
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.
Melissa H. Landis
Larry L. Lehman
Any/All Tenants/Occupants
102 Rustic Drive, Lot 38
Shippensburg, PA 17257,
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:
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.
1. 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. Defendants, Melissa H. Landis and Larry L. Lehman, are adult individuals residing and/or
maintaining an address at 102 Rustic Drive, Lot 38, Shippensburg, PA 17257, situated in
Cumberland County.
3. On or about February 15, 1999, Defendants executed a Manufactured Home Retail
Installment Contract (hereinafter referred to as "Contract") under and pursuant to which
Defendants expressly agreed to pay the Seller thereunder the sum of $62,760.00 for a
1999 Titan Manufactured (mobile) Home having VIN No. 19995703936AB (hereinafter
referred to as "Manufactured Home"). The Contract contains, at pages 9 and 10, an
Assignment of the Contract to Associates Housing Finance, LLC. True and correct copies
of the Contract and Power of Attorney (authorizing Plaintiff to act on behalf of Seller's
assignee, Associates Housing Finance, LLC, which includes, but is not limited to,
pursuing this legal action) are attached collectively hereto as Exhibit "A" and made a part
hereof.
4. Pursuant to Page 2 of the Contract, Defendants were/are obligated to make, tender, and/or
deliver to Plaintiff $634.45 per month for 360 consecutive months commencing March
15, 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 4 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 2011 through the present date.
8. Plaintiff, and/or its agents, has/have provided Defendants with written notice of the
2
default. True and correct copies of such notices are attached collectively 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,
Plaintiffs costs and attorneys' fees pursuant to Page 4 thereof.
11. As of August 21, 2011, Defendants' outstanding balance is $68,621.65, calculated as
follows:
Principal plus Interest through August, 2011 $62,685.18
Attorneys' Fees (10% of Principal) $ 5,936.47
Total $68,621.65
12. Interest shall continue to accrue at $18.30 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, Melissa H. Landis and Larry L. Lehman, for the sum of $68,621.65 plus
addition 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; for issuance by the Prothonotary of a Writ of Possession;
and for such other and further relief as the Court deems just and proper.
COUNT TWO - IN REPLEVIN
16. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at
length herein.
17. Under and pursuant to the terms of the Contract, Defendants expressly granted to Plaintiff, a
security interest in the Manufactured Home.
18. The aforesaid security interest was perfected by virtue of Associates Housing Finance, LLC
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.
19. 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.
20. Page 4 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 Defendant, Plaintiff
shall have the right to repossess or replevy the Manufactured Home; and to thereafter sell,
lease or otherwise dispose of same.
21. Upon information and belief, the Manufactured Home is presently situated at 102 Rustic
Drive, Lot 38, Shippensburg, PA 17257, situated in Cumberland County.
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.
COUNT THREE - POSSESSION/EJECTMENT
22. Plaintiff incorporates the foregoing paragraphs by reference as though more fully set forth at
length herein.
23. Defendants are unjustifiably withholding possession of the Manufactured Home from
Plaintiff.
24. Plaintiff is entitled to immediate possession and immediate enjoyment of the Manufactured
Home.
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 A.
M. Troy Fr Adman, Esquire
115 West Avenue, Suite 104
Jenkintown, PA 19046
215-886-8790
Date: 011'goll Attorney for Plaintiff
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
Rav• 715_RRfi_R791
Attorneys for Plaintiff
Vanderbilt Mortgage and Finance, Inc.,
PLAINTIFF,
V.
Melissa H. Landis
Larry L. Lehman
Any/All Tenants/Occupants
102 Rustic Drive, Lot 38
Shippensburg, PA 17257,
DEFENDANTS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
DOCKET NO.
CIVIL ACTION
ASSUMPSIT/REPLEVIN/EJECTMENT
VERIFICATION
kl(Shereby states that he/she is ?? ' (,(? ? S
of Vanderbilt Mortgage and Finance, Inc., Plaintiff in this matter and
is authorized to make this Verification. The statements of fact contained in the foregoing Civil
Action in Replevin are true and correct to the best of my knowledge, information and belief.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities.
DATE:
Name. ?/%
--?--- U
Title: Q I ` VSe,(?
Exhibit "A"
MANUFACTURED H90E RETAIL INSTALLMENT fpNTRACT/SECURITY
AGREEMENT
THIS CONTRACT CONSISTS OF TEN (10) PAGES
NAME AND ADDRESS OF SELLER
Countryside Village Homes, Inc.
1000 Edwin Miller
Martinsburg WV 25401-
NAME AND ADDRESS OF BUYER
MELISSA H LANDIS
LARRY L LEHMAN
3455 GREGUNY DR
CHAMBERSBURG PA 17201-
As used herein, "Buyer" means all persons who sign this contract as buyer or co-buyer, jointly and
severally, and "Seller" means the seller named above.
Buyer has been quoted both a Cash Price (shown on page 3 in Item 1 of the Itemization of Amount
Financed) and a Total Sale Price (shown In the Truth in Lending disclosures on page 2) for the
manufactured home described on page 4 together with the furnishings, equipment, appliances and
accessories included in the manufactured home at the time of purchase ("Manufactured Home") and
agrees to purchase the manufactured home for the Total Sale Price. Buyer hereby acknowledges delivery
and acceptance of the Manufactured Home in good condition.
Buyer promises to pay Seller or its assignee the Principal Amount Financed (shown on page 3 in item 5 of
the Itemization of Amount Financed), together with interest computed at the annual rate or rates of
interest designated below ("Agreed Rate of Interest"), until paid In full, in consecutive monthly payments
according to the payment schedule shown on page 2. Each payment made will be applied first to interest
and the remainder to the outstanding amount of the Principal Amount Financed.
Agreed Rate of Interest (Check appropriate box):
Q One Rate Throughout Term
11.25 % per year on the outstanding amount of the Unpaid Balance throughout the term and until the
total indebtedness has been paid in full.
? Two Rates During Term
0.00 96 per year on the outstanding amount of the Unpaid Balance until
and then 0.00 % per year on the outstanding amount of the Unpaid Balance until the total
indebtedness has been paid in full.
? Three Rates During Term
0.00 % per year on the outstanding amount of the Unpaid Balance until ,
0.00 % per year on the outstanding amount of the Unpaid Balance until and then
0.00 % per year on the outstanding amount of the Unpaid Balance until the total indebtedness has been
paid in full.
? Four Rates During Term
0.00 % per year on the outstanding amount of the Unpaid Balance until
0.00 % per year on the outstanding amount of the Unpaid Balance until ,
0.00 % per year on the outstanding amount of the Unpaid Balance until and then
0.00 % per year on the outstanding amount of the Unpaid Balance until the total indebtedness has been
paid in full.
REfCONPA
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i
The Seller has made the Truth tending disclosures contained in this contact unless another party is
identif led here: N/A
ANNUAL
PERCENTAGE
RATE
The cost of your
credit as a yearly
rate:
FINANCE
CHARGE
The dollar
amount the
credit will cost
you:
Amount
Financed
The amount of
credit provided
to you or on
your behalf:
Total of
Payments
The amount
you will have
paid after you
have made all
payments as
scheduled:
Total Sale
Price
The total cost of
your purchase on
credit including
your
down payment of
$ 3350.00
11.760%
s 166842.00 1 a 62760.00 g 228402.00
Your payment schedule will be:
Number of Amounts of When Payments Are Due
Payments Payments
360 S 634.45 Monthly, March 15, 1999
beginning
Monthly,
beginning
Monthly,
beginning
S Monthly,
beginning
Security: You are giving a security Interest In:
the Manufactured Home being purchased
0 real property you own located at:
Q real property being purchased located
at:
Prepayment: If you pay off early, you will not have to pay a penalty, but you will not be entitled to a refund
of any prepaid finance charge.
Assumption: Someone buying your Manufactured Home may, under certain circumstances, be allowed to
assume the remainder of the contract on the original terms.
See contract terms below, on other pages and In your additional contract documents for additional
information about nonpayment, default, required repayment In full before the scheduled date and
prepayment refunds and penalties.
REfCONPA
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ITEMIZATION OF AMOUN*NANCEO: •
1. Cash Price (including sales tax of $ 0.00) 8 88065.00
Cash Downpayment $ 3350.00
Trade in (Year, Make, Model )
Length -4- Width _Q_
Gross Value S n_nA Liens $ 0.00
Net Trade In Value
(description)
2. Total Downpayment
3. Unpaid Balance of Cash Price
(1 minus 2)
4. Amounts paid to others on your behalf
a. To Insurance Companies
(1) Property Insurance
Broad Form-
Comprehensive
(2) Credit Life insurance
b. To Public Officials
(Seller to pay off)
g 0.00
S 0.00
S 3350.00
S 6271 5.00
Expiration Date
$ 0.00 N/A
$ 0.00 N/A
(1) License Fee 8 0.00
(2) Registration g 0.00
(3) Lion Notation Fees g 0.00
(4) Certificate of Title $ 45.00
(5) D.O.C. Stamps $ 0.00
(6) Tags $ 0.00
(7) Filing Fees $ 0.00
c. To Financed Fin Charges $ 2562.40
(insert name and description)
d. To
e. To
(insert name and description)
(insert name and description)
$ 0.00
$ 0.00
f. To $ 0.00
(insert name and description)
Total (a,b,c,d,e,f) $ 2807.40
5. Unpaid Balance (3 plus 4)
6. Prepaid Finance Charge
7. Amount Financed (5 minus 6)
WCON?A
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3
$ iis3g2_ao
$ 2582.40
$ 627§Q00
011 30NVNIA 9NISftoN S31MOSStl:30JI ££:91 66-b1-s3d
DESCRIPTION OF MANUFACTURED HOME
New Q Used ?
Trade Name TIT9i1
Year 1993 Model _RWF;7nT
Length _ 70 Width _ 28 Serial No. 19926703938A/B
Additional Accessories And Furnishings
Item Serial #
Serial No.
Proposed Location of Manufactured Home 102 RUSTIC DRIVE LOT 38 SHIPPENSBURG PA 1
Telephone No. 717 263-6498
SECURITY INTEREST: Buyer hereby grants Seller a security interest in (1) the Manufactured Home
and in all goods that are or may hereafter by operation of law become accessions thereto; (2) if the
box is checked in the Security disclosure on page 2, the real property Buyer owns or is purchasing
with the credit extended pursuant to this contract and an which the Manufactured Home is to be
located; and (3) all proceeds of such property. If this contract Is secured by a mortgage or deed of
trust on Buyer's real property, then this security agreement is not exclusive. If, and to the extent
permitted by applicable law, Buyer agrees that Seller or its assignee may charge and collect from
Buyer a reasonable fee for preparing documents related to this transaction, such as applications for
certificates of title, financing statements, mortgages and deeds of trust, as well as any amendments
to or terminations of - any security interests created by any of the foregoing. Buyer's rights and
remedies under this contract and any mortgage or dead of trust executed herewith are cumulative,
but Buyer's right to a written notice of default and 30 days to cure will not be affected by any
inconsistent provision of any mortgage or deed of trust.
PREPAYMENT: BUYER MAY PREPAY THIS CONTRACT IN FULL OR PART AT ANY TIME
WITHOUT PENALTY. However, prepaid finance charges, if any, i.e., loan fees, points, finder's fees
or similar charges, will not be refunded. If Buyer prepays In part, Buyer must continue making
regular payments until the contract is paid in full, and the balance due on the contract will continue
to accrue interest.
DELINQUENCY 6 DEFAULT: Time is of the essence hereof. In the event of nonpayment or other
default, Buyer is entitled to written notice of the default and 30 days to cure. Except in case of
abandonment or other extreme circumstances, Seller will take no action to repossess or foreclose or
to accelerate payment of the entire outstanding indebtedness until 30 days after the postmarked
date of written notice of default directed to Buyer, and Buyer will be allowed to cure the default
during the aforesaid period. If Buyer cures the default within the 30-day period and subsequently
defaults, Buyer will again be entitled to the notice set forth above. Buyer Is not entitled to more
than two notices of default In any one-year period or if the Manufactured Home is abandoned. No
refund credit will be given for any portion of the prepaid finance charge. Any personal property of
Buyer In or attached to the Manufactured Home which is not subject to Seller's security interest
may be held by Seller without liability if the Manufactured Home is repossessed. Buyer will be
deemed to have waived any claim thereto unless written demand by certified mail is made upon
Seller within 10 days after repossession. In the event Buyer's obligation is referred for collection to
an attorney who is not a salaried employee of Seller, Buyer agrees to pay, in addition to all other
sums due and owing hereunder, reasonable attorney's fees, plus court costs.
WCONPA
4
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• •
ADDITIONAL COVENANTS: Buyer agrees: Is) not to remove the Manufactured Home from the
address designated herein unless Buyer first notifies Seller and receives Seller's written consent; (b)
not to sell the Manufactured Home without first obtaining Seller's written consent; (c) that the
Manufactured Home will remain personal property and not become part of the freehold, unless
Seller or its assignee by itself or through its authorized agent has executed or does execute a
certificate of affixation or similar document with respect to the Manufactured Home; (d) not to
encumber or abandon the Manufactured Home or use it for hire or Illegally; (e) to maintain the
Manufactured Home in good condition until such time as Buyer's obligations under this contract
have been satisfied in full; and (f) to pay promptly all lot rent and lions imposed upon the
Manufactured Home and for Its use. Should Buyer fail to promptly pay any such lot rent or lien,
Seller may do so on Buyer's behalf. In such event, Buyer will immediately reimburse Seller for the
cost thereof, or such cost plus interest at the annual percentage rate disclosed on page 2 will be
added to Buyer's indebtedness hereunder.
CREDIT INFORMATION: Seller may investigate Buyer's credit status in connection with Buyer's
account and may furnish information concerning Buyer and Buyer's account to credit reporting
agencies. Buyer hereby ratifies any such investigation that Seller or any person or entity to whom
or to which this contract may be assigned has already conducted with respect to Buyer's
application for the credit extended pursuant to thla contract.
ASSIGNMENT: Seller may assign this contract to any person or entity. All rights granted to Seller
under this contract will apply to any assignee of this contract. If Seller assigns thls contract, Seller
will not be assignee's agent for any purpose.
WAIVER: Waiver of any default will not constitute waiver of any other default. No provision may
be changed, unless agreed to by both parties. This contract constitutes the entire agreement
between the parties.
GOVERNING LAW: This contract is governed by Pennsylvania and Federal law.
VALIDITY: If any provision of this contract should be held to be prohibited by, unenforceable or
invalid under applicable law, such prohibition, unenforcesbility or invalidity will not invalidate the
remaining provisions of this contract, which will remain in full force and effect and will be binding
upon the parties hereto. This contract will be of no effect until and unless signed by Seller and
Buyer.
RETCONPA
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OPTIONAL CREDIT LIFE INSURANCE
0
Buyer understands that credit life insurance Is not required as a condition of the extension of credit by
Seller. Any application for credit life Insurance Is subject to the insurance company's approval.
TYPE TERM OF (PREMIUM SIGNATURE
INSURANCE
Single Decreasing First 0 months of 4 0.00 1 [] want [:] do not want
Term Credit Life
Insurance ion first contract single decreasing term
named buyer only) credit life insurance.
Date
Joint Decreasing Term First 0 months of 6 We [] want .l do not
Credit Life Insurance 000
ton buyer and co- contract want joint decreasing term
buyer) credit life Insurance.
Date C?-r.? xz;
NOTICE OF BUYER'S/CO-BUYER'S RIGHT TO CANCEL OPTIONAL CREDIT LIFE INSURANCE
2
Buyer may, without penalty or obligation, cancel the optional credit life insurance coverage described
herein. The unearned credit Insurance premium will be credited to Buyer's account. If cancellation occurs
within 16 days from the contract date, the entire credit insurance premium will be credited to Buyer's
account. To cancel, Buyer must return to Associates Housing Finance, LLC the Certificate of Insurance or
written request to cancel the insurance. Cancellation of this optional credit life insurance will not relieve
Buyer of Buyer's obligation to continue making payments on the contract as scheduled.
RErCONPA
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•
REQUIRED PROPERTY INSURANCE:
Buyer is required to have and maintain, at Buyer's expense, insurance against physical damage to the
Manufactured Home for the term of this contract, with a loss payable clause protecting lienholder (as
interest may appear) with provision for 10 day notice of cancellation to lienholder (minimum coverage -
Broad Form Comprehensive in an amount equal to the outstanding amount of the Unpaid Balance
including, if the Manufactured Home is to be located in a Federally-designated hazardous flood area, flood
insurance coverage). Buvgr has the right to obtain insurance through any person of Buyer's chojce as well
as through Seller, The cost of required insurance and any other oroo rty or liability, insurance elected by
buyer for the term(s) disclosed in item 4a(1) of the contract by which you are purchasing your
Manufactured Home, if Procured through Seller. Is 4 0.00 . Buyer's election to obtain such
insurance through Seller is shown by the inclusion of this cost in said item 4a(1). Additional insurance
policies will be required to be purchased or fumished by Buyer, at Buyer's expense, if policies being
purchased or provided expire or are cancelled prior to payment in full of this contract, Should Buyer fail
initially to provide required insurance, Seller may, but shall not be obligated to, procure such Insurance on
Buyer's behalf. If Buyer has provided insurance satisfying the minimum coverage requirements hereunder,
but such insurance expires or is otherwise terminated, Seller may, but shall not be obligated to, procure
on Buyer's behalf coverage as nearly comparable as is available to that insurance which has expired or
been terminated. In either event, the cost thereof plus interest at the contract rate will be added to
Buyer's indebtedness hereunder.
Buyer further agrees that if Property Insurance is financed as part of this transaction: (1) to the extent
of the debt secured hereby, Buyer's right to receive any refund of the charge for such insurance is hereby
assigned to Seller, or to its assignee If this contract has been assigned; (2) the insurance company is
hereby directed to pay such refund directly to Seller, or to its assignee if this contract has been assigned,
and Seller, or its assignee if this contract has been assigned, is hereby authorized to collect and endorse
any check in payment thereof; and (3) Seller, or its assignee if this contract has been assigned, is hereby
authorized, at its sole option, to apply such refund to the debt secured hereby or to remit same to Buyer.
Buyer hereby authorizes Seller and its assignee to release to any insurance company affiliated with
Seller or its assignee any information relating to a contract or policy of insurance which is providing or
may provide insurance coverage against physical damage to the Manufactured Home.
UNLESS CHECKED HERE ? : LIABILITY INSURANCE FOR BODILY INJURY AND
PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED.
Rrrcow^
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NOTME OF PROPOSED CREDIT I
Debtor MELISSA H LANDIS
Co-Debtor LARRY L LEHMAN
Initial Principal Effective Date Term of
Indebtedness 4 65322.40 of Debt 02/15/1999 Debt 360 Months
Creditor: Associates Housing Finance, LLC
Insurance Charge for Joint Credit Life Insurance .......................................................4 0.00
Insurance Charge for Single Credit Life insurance on Debtor Only ...............................4 0.00
?insurence Charge for Credit Disability Insurance on Debtor Only..YN ............. ..4 0.00
(Only that insurance which is checked and for which an insurance charge is entered will be effective.)
The person whose signature appears first below is the Debtor. In this notice the Debtor is called "you".
The insurance described, If It becomes effective, will be written by Home Owners Life Insurance Company, 307
North Michigan Avenue, Chicago, Illinois 60601 (called we or us).
Only that credit insurance elected will become effective in connection with your debt. If no credit insurance
is elected, none will be effective in connection with your debt. You will be covered for the credit insurance
elected If: (1) you will not attain age 71 years prior to the scheduled maturity date of the debt; and (2) we
accept you for the insurance. Joint life insurance, if elected, will cover both you and your Co-Debtor. Joint
life insurance will become effective only if your Co-Debtor: (a) has signed the contract of indebtedness and this
notice; and (b) will not attain agge 71 years prior to the scheduled maturity date of the debt. If we do not
accept you for the insurance or it otherwise does not become effective, you will be notified and any insurance
charge paid by you or charged to you will be refunded In full or credited to your account.
The proposed insurance is described briefly below. It will be subject to the terms of the Group Policy
which has been issued to the Creditor and to the terms of the certificate of insurance which will be issued to
you within 30 days after the effective date of the insurance.
The insurance will become effective on the effective date of the debt. The life insurance is limited to 180
months. The disability insurance is limited to N/A months. If the term of the debt is greater than the term
to which the insurance is limited, the insurance wit(-terminate at the end of the term to which It is limited. If
the term of the debt is less than the term to which the insurance is limited, the insurance will terminate on the
scheduled maturity date of the debt.
For either joint or single life insurance, only one death benefit will be paid. No death benefit will be paid if
you
you or your insured Co-Debtor commit suicide within one year after the effective date of the insurance. The
amount of life Insurance will be equal to the initial principal indebtedness or 4100 000.00 whichever is
less. After that the certificate describes now the amount of life insurance is calculated while the Insurance is in
force.
Disability insurance, if elected will cover you, the Debtor. No disability insurance will be written on your
Co-Debtor. A disability benefit will be paid if you become totally disabled for --N/AA days. You will be paid for
the actual number of days for which you are totally disabled beginning with day of disability. No
benefits will be paid for any period of disability after the expiration of your dlsab insurance. The monthly
disability benefit will be equal to your monthly installment payment or S N/A , whichever Is less. The
dally benefit will be calculated at 1/30th of the monthly disability benefit.
The insurance benefits will be paid to the Creditor. The Creditor will apply the proceeds to your account to
reduce or extinguish your debt.
If your debt Is discharged while your Insurance is still in force, a refund will be made. The refund will be
the unearned portion of the insurance charge. The unearned life insurance charge will be calculated according
to an actuarial formula on file with the State Insurance Department. The unearned disability insurance charge
will be calculated acc ding to the "Rule of 78" formula, No refund will be made If the amount Is less than
41.00.1 n t\ c to
n< It A /
Signs'tu'Fe of Debtor :;.
,;Aignature of Co-Debtor
HOl.6-2036
BVi-9or BZ19Z'd 829-1 6£911550081+ 311 33NVNIJ 9NISnOH S31VIOOSSVIWOII X9l 66-11-83d
NOTICE TO THE BUYER: 1 OU DO NOT MEET YOUR CONT CT OBLIGATIONS, YOU
MAY LOSE THE MANUFAWURED HOME. IA
NOTICE TO BUYER: DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT
CONTAINS BLANK SPACES.
The foregoing contract is hereby assigned under the
terms of the Assignment set forth on the next page.
NOTICE: The Seller hereby assigns this contract to
Associates Housing Finance, LLC, P.O. Box
621017, Cincinnati, Ohio 45252, All payments
and notices or questions concerning either the
terms of the contract or payments should be
directed to Associates Housing Finance, LLC at the
address indicated in the preceding sentence.
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.
Countryside Viliage Homes, Inc. "IM ,, 6 -
,
-Q-za ? qt,'4e, Seller (Si turs of Buyer)
By T)- -? -r-1 -- ? , A'L" ?. ?
(signature) (Title) (Signature of Co-Buyer)
Date 02116/1999
(Signature of Cosigner)
RECEIPT OF A COPY OF THIS CONTRACT IS ACKNOWLEDGED.
A !,,2- J ? , 4-, 1 "
gnature of Buyer)
(Signature of Co-Buyer)
(Signature of Cosigner)
RUCONPA 9
girl-qor RZIR 'd £Z9-1 6£011S900014 311 339VNIJ 9NISI10N S31y130SSy Loji W tl 66-21-831
0 0
TO ASSOCIATES HOUSING FINANCE, LLC VAHFI:
With respect to this retail installment contract ("contract") signed by one or more buyers ("Buyer"),
whether sold in all or in part to AHF or pledged as security to AHF, Seller represents and warrants that: (1)
Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer was
legally competent to contract at the time of Buyer's execution of this contract; (3) this contract arose from
the bona fide sale of the merchandise described in this contract; (4) the down payment was made by Buyer in
cash unless otherwise specified and no part thereof was loaned directly or indirectly by Seller to Buyer; (5)
there is now owing on this contract the amount set forth herein; (6) this contract and any guaranty submitted
in connection herewith are in all respects legally enforceable against each purported signatory hereof and
thereof; and (7) Seller has the right to pledge or assign this contract and thereby to convey good title to It or
to grant a security interest in it.
For value received, Seller hereby assigns to AHF all its right, title and interest in this contract and the
property which is the subject matter hereof and authorizes AHF to do everything necessary to collect and
discharge same. All the terms of any existing written agreements between Seller and AHF goveming the
purchase of contracts are made a part hereof by reference, it being understood that AHF relies upon the
above warranties and upon said agreements in purchasing this contract.
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.
RETCCNPA
10
8p1-wr 82/82'd £19-1 6EV11990081+ 311 33NVNIA 9NISItoii S31YI30SStl:N0J3 W t i 66-21-931
This instrument prepared
James Burchetta, Esq. fII n "` "-"?w
Paul, Hastings, Janofsky & Walker, LLP it tJ ,? ti t
399 Park Avenue I ( ?
New York, New York 10022-4697 FEB .3 9 A,'--
CONTINUING POWER OF ATTORNEY
The undersigned, Associates Housing Finance, LLC, organized and
existing under, the laws of•Delaware (the "Seller"), hereby irrevocably constitute and
appoint Vanderbilt Mortgage and Finance, Inc., a Tennessee corporation and its assigns
(together with any officer on its behalf, the `Buyer"), their true and lawful attorney and
agent with power and authority to do any and all acts and things reasonably necessary to
transact all business connected to manufactured home loans and land-and-home loans
(the "Accounts"), evidenced by installment loan agreements and retail installment sales
contracts (the "Contracts"), including those Contracts listed on the Loan Schedule to the
Loan Purchase Agreement (as defined below), together with any manufactured home
and/or other real or personal property which secure such Contracts, including, without
limitation, the related security instruments, financing statements, certificates of title,
mortgages and deeds of trust, including those in which Seller or its predecessors are listed
as lienholder, beneficiary or the like, which Accounts, Contracts and related security
instruments have been assigned to and acquired by Buyer from Seller pursuant to the
terms of the Loan Purchase Agreement dated as of November 29, 2001 as amended,
supplemented and modified from time to time (the "Loan Purchase Agreement"), entered
into by and between Seller and Buyer including, but not limited to the following:
a) Endorse, without recourse, pursuant to a stamp approved by Seller,
names, checks or other instruments of payments made on the Accounts;
b) Execute assignments, without recourse, from Seller to Buyer of the
Security Instruments, including certificates of title, mortgages, deeds of trust, and other
security and lien-creating instruments relating to the Accounts;
C) Execute releases of liens, security interests, and the like with
respect to the Accounts;
d) Perform any and all servicing and collection fiinctions with respect
to the Accounts, including, without limitation, the servicing functions as contemplated by
the Loan Purchase Agreement;
e) Execute and deliver, on behalf of itself, the lienholder of record
and/or Seller, as applicable or appropriate, any and all instruments of satisfaction or
cancellation, or partial or full release or discharge, and all other comparable instruments
with respect to the Contracts or to the manufactured homes, real property and/or personal
property securing such Contracts, including, without limitation, any discharges, releases,
satisfactions, bills of sale, financing statements, continuation statements, certificates of
title, assignments of title, transfers of title or registration, or applications for transfer of
title or, registration, or similar forms, with respect to any of the manufactured homes, real
property and/or personal property securing such Contracts;
INST: 0021029101
RECEIVED: 02/14/2002 10:38 AM
BEVERLEY D. WOODRUFF
NY13630422 REGISTER OF DEEDS BLOUNT CO. TN
f) Sign and file, without Seller's signature, such financing and
continuation statements, amendments and supplements thereto, and other documents
which Buyer may from time to time deem necessary to perfect, preserve and protect its
security interest and lien in the chattel paper, real property and/or personal property
securing such Contracts;
g) Execute and deliver any and all instruments and take any and all
further action in the name of and on behalf of Seller as may be required or deemed
desirable to accomplish any and all of the foregoing and carry out the purpose of this
Power of Attorney;
h) Demand, reduce to possession, collect, receive, receipt for,
endorse, comprise, settle, or assign without recourse (or warranty by Seller) any and all
notes, promises to pay, retail installment sales contracts, installment loans, chattel paper,
instruments, choses in action, mortgages and deeds of trust, together with all monies due
or to become due under said Contracts, including without limitation payaheads, proceeds
from any recourse to dealers, and proceeds from claims on any insurance policies relating
to such Contracts and any and all claims, choses in action, and rights and causes of action
relating thereto, including without limitation any and all real property and personal
property, security instruments, and insurance policies held as security for said Contracts,
and all other property of every kind identified in said whole or in part and in connection
therewith to execute, acknowledge, or handle any instruments in writing which may
become necessary in order to carry the foregoing powers into effect; and
i) Endorse promissory notes which are subject to such Contracts and attach
and endorse allonges to any promissory notes subject to such Contracts.
Buyer is hereby empowered to do any and all lawful acts requisite for
effecting the transfer of Accounts, the Contracts, and the security interests and liens
granted thereby, and Seller hereby ratifies and confirms any and all lawful acts that Buyer
shall do pursuant to and in conformity with this Power of Attorney and the Loan Purchase
Agreement. Seller further grants unto Buyer and its agents full authority and power to do
and perform any and all acts necessary or incident to the execution of the powers herein
expressly granted, as the Buyer or its agents might or could do if personally present.
Associates Housing Finance Services, Inc., a Delaware corporation also
operating under the registered assumed or fictitious name of "Ford Housing Finance
Services" ("AHF"), was the assignee of receivables under an Asset Purchase Agreement
between AHF, as Purchaser, and Belgravia Financial Services, LLC (`Belgravia") dated
March b, 1998. Seller is the successor in interest by merger with AHF. This power
extends to those Accounts that may list the names of AHF, Belgravia or any abbreviation
of any of the above.
NY/3630d2 2
To induce any third party to act hereunder, Seller hereby agrees that any
third party receiving a duly executed copy or facsimile of this instrument may act
hereunder, and that revocation or termination hereof shall be ineffective as to such third
party unless and until actual notice or knowledge of such revocation or termination shall
have been received by such third party, and Seller for itself and for its legal
representatives, successors and assigns, hereby agrees to indemnify and hold harmless
any such third party by reason of such third party having relied on the provisions of this
instrument.
The rights, powers and authority granted hereby shall commence and be in
full force and effect on December &, 2001 and shall remain in full force and effect
thereafter. Seller has given this Power of Attorney in connection with a sale of the
Contracts and related collateral to Buyer and to induce Buyer to purchase the Contracts
and related collateral. This Power of Attorney is irrevocable and it is coupled with an
interest..
Seller shall execute and deliver such further designations, powers of
attorney or other instruments as Buyer shall reasonably deem necessary for its purposes
hereof..
Seller executes this Power of Attorney with the intent to be legally bound
hereby, and with the intent that the execution shall have the full dignity afforded by the
accompanying witnessing and notarization and all lesser dignity resulting from the
absence of such witnessing and notarization or any combination thereof..
(Corporate Seal)
pl
NY/3G3Ud2 2
ASSOCIATES HOUSING FINANCE, LLC
STATE OF TEXAS
COUNTY OFDALLAS
?JD
Before me, the undersigned Notary Public of the state and county aforesaid,
personally appeared Robert W. Joven, with whom I am personally acquainted (or
proved to me on the basis of satisfactory evidence), and who, upon oath,
acknowledged himself to be the Senior Vice President (an officer authorized to execute
the instrument) of Associates Housing Finance LLC, the within named bargainor, a
corporation, and that he as such Senior Vice President, executed the foregoing
instrument for the purpose therein contained, by signing the name of the corporation by
himself as Senior Vice President.
Witness my hand and seal, this 11th day of February, 2002.
Notary Public
My commission expires: o b_
(seal) ,,"'+??'??? EDRA BAUMAN
dqo.. ,,o?4y`e
"1 Notary Public. State of Texas
.:'.e My Commission Expires
' 4?1G?• September 06, 2005
Exhibit "B"
0888690071047360227007191322+
Notice of Default and Right to Cure Default
Dear: LARRY HM N Date: _1/18/2011
Name and address of creditor: See reverse side. Phone: 800 970 7250
Account number. 888690 Certified Mail 8: 7104 7360 270 0719 1322
Brief Identification of Credit Transaction: Retail Installment Contract, Promissory Note or Assumption
and Modification Agreement dated: 2/ 13/ 1999 and Secured by Manufactured Home and/or Real Property
Amount to be Paid to Cure Default (Total of (1) and (2)):$ 1984.08
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 clue 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 narked):
(1) [X) to make Monrhly payment(s) beginning with your 11/1512010 payment, in the total amount of
$ 1984.08 . and We charges for this payment(s) totaling $ .00 . resulting in a total
amount in default of $ 1984.08
(2) [ Ito pay ply axes -oil- assessments on the manufactured home and/or teal property which secures your
account in the amount of $
(3) [ Ito provide us with evidence of your having adequate homeowners 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 $ .00 (including the late charges listed above).
Cure of default:. Within the later of 45 days front the post marked date of this notice or before we transfer tide to the manufactured
home (in the event you do not cure your default within such 45 day periedPard 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 Cincinnsti.OH 45274-2533. If (3) above has Cieen 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 , ATTENTION: JOY DAUGHERTY In addition, you may entirely repay the
entire amount due under your account.
Creditor tights: 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
convened to real property), taking such action as is permitted under the mortgage, deed of treat or security instrument to
foreclose on such real propene,
* 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 retraining amount due under due 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 before we resell it if you pay us the full amount due under the
contract. Additionally, you may have the right to reinstate the contract before we resell the home. With respect to real property.
you have such rights to redeem or reinstate as may be provided under state law or in the mortgage, dad of rust, or other
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 JOY DAUGHERTY at 8(10 970 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 nail,
please send a check or money order. Do not said 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 due 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, cashiers 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.
W1161 (QMI245)
Discloseres Required Ire Prnayhvaria Law in Coloration with Residential Real property Motgn.:
In addition to the dial mores provided above. Pennsylvania law mryhm due(nwre of the fallowing: (1) Under 41 P.S. Section 404 you have the tight, in any
cone in )eau mete hour prior to it. c mntencer en of bidding u a Acriffs sak or oil-)udtetd sale on • residential -pg.. not come ohm Ih_ (3) Henn
in any calendar year. a care your default and prevent the mde and disposition of your red property by your (i) paying or ai denng in the form of catik eaabiers
deck or certified check all i- which would love become due in the time of payment or tender, in one alrence you default and our exercise of acceleration.
(u) performing any ndwr obligation which you would lure been bound to perform in the absence of your default or it. exercise of an ameleatioo dame. (iii)
paying or tendering any reauranble f dluwod under 41 P.S. Sham 406 and the rez-tble cups of proceeding to fweckaane an specified in writing by
Vanderbilt actually incurred a the due of paymea. and (iv) any wimo able tae porky, if provided for in the -pp you love executed. (2) Your -nemhip
or y-real prodaxty may be man inated by 1-losure or your signing a deed in lieu of 11-losunt anuarkrihng the real property to VandaW provided teat
Vaahrbik mica agree to such deed in lieu of foreclosure. (3) You have the right a murder the real property to antler individual to use for residential putposm
(entice mnimea an creme ride)
if such Quxm assumes your full iahil6y, under your contract. provided dw Vanderbilt has We right. in in we dinned'", to approve or decline such individuals
application to sawme your caantct. (4) You have the right m refinance your teal property by obtaining a montage ban from anodw person erealty, ptovidcd
s Vanderbilt is paid an mmunt equal to the total amount you rove under your o otract 9 dat time (the accelerated behtnce)
Flew be advised that s build your amoacl he subjal m the Pemnylvonis Homenwon's Mortgage Assissmoe Progeom dministued by the Psonsylm"
Housing Finance Agency (35 P.S. Sections 1680.401c dsaugh 16M.409c). betoro Vadebilt acsskeam. your conoac4 brings a forodoeute action, camnarrcas
any action to retorter under your come or takes powssion of your ad Property, you will alw be provided an *Act 91 Notice' idbrtnmq you about your rigot as
-1. whh a coaumer credit cvmnsebr about your default and, if ysm do w consult in a wetly names, m apply far financial mist- in --,rim with sour
contact from the Pennsylvania Housing Finance Agency.
BANKRUPTCY
IF YOU OR YOUR LOAN ARE SUBJECT TO BANKRUPTCY PROCEEDINGS. OR IF YOU HAVE RECEIVED A BANKRUPTCY DISCHARGE, THIS
COMMUNICATION IS FOR INFORMATION PURPOSES ONLY AND IS NOT AN ATTEMPT TO COLLECT A DEBT.
HOME OWNERSHIP COUNSELING
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) HAS APPROVED CERTAIN EXPERIENCED COUNSELING ORGANIZATIONS
TO PROVIDE HOME OWNERSHIP COUNSELING TO QUALIFIED BORROWERS. HOME OWNERSHIP COUNSELING IS FREE OF CHARGE. YOU
MAY OBTAIN A LIST OF HUD APPROVED COUNSELING AGENCIES BY CALLING 1400.5694287. YOU SHOULD CONTACT ONE OFTHE HUD
COUNSELING AGENCIES OR YOUR LOCAL HUD OFFICE FOR MORE INFORMATION ABOUT THESE COUNSELING SERVICES. IF THIS LOANS
DELINQUENCY CONTINUES. YOU COULD LOSE YOUR HOME.
P.O.B- 9SW
MmyQk, TN 37802
7104 7360 2270 0719 1322
LARRY L LEHMAN
102 RUSTIC DR
SHiPPENSBURG, PA 17257-8750
0888690071047360227007191339+
Notice of Default and Right to Cuts; Default
Dear: MELISSA H ANDIS Date: 1/18/2011
Name and address of creditor: See reverse side. Phone: 800 970 7250
Account number: 888690 Certified Mail M: 7104 7360 2270 0719 1339
Brief Identification of Credit Transaction: Retail Installment Contract, Promissory Note or Assumption
and Modification Agreement dated: 2/ 13/ 1999 and Sawed by Manufactured Home and/or Real Property
Amount to be Paid to Cure Default (Total of (l) and (2)):$ 1984.08
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 make hjj;gl([1[y payment(s) beginning with your 11/1512010 payment, in the total amount of
$__1984.08 . and late charges for this payment(s) totaling $ .00 , resulting in a total
amount in default of $ 1984.08
(2) ( ] to pav property taw or other assessments on the manufactured home and/or real property which secures your
account 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 savres your contract.
The total unpaid late charges for this account are $ .00 (including the late charges listed above).
Cureof default: Within the later of 45 days front the postmarked date of 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
7425 i in ati.OH 4 274-2 3 . 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 3803750 OR MAILED TO VANDERBILT MORTGAGE AND FINANCE, INC., PO BOX
9800 Marwille. TN 37802 ATTENTION: JOY DAUGHERTY 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
convened 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 attorneys 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 foreclosuoe 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 before we resell it if you pay us the full amount due under the
contract. Additionally, you tray have the right to reinstate the contract before we resell the home. With respect to real property
you have such rights to redeem or reinstate as may be provided under state law or in the mortgage, deed of trust, or other
security instrument which secures vtmr contract. Please note that should you make a payment to in 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 gtestiona. write to Vanderbilt Mortgage and Finance. Inc, at the
above address or call JOY DA 1 rH .RTY at 800 970 7250 between the hours of 8:30 am and 5:30 pin
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 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 inserted for
detaching and transporting the manufactured home to the site of sale.
VANDERBILT MORTGAGE AND FINANCE, INC.
[Li 1161 (QN1245)
Disck.- Required by Peuruylvada Law in Come.- wkh Re.Waadal Real Property Mongnga:
In addiuah to err disclosures provided adwe, Peaaylvaaia law requires diaclauae of the fallowing: (t) Under 41 P.S. Section 404 you Moe ohs riSK a any
tame at kw are hm prior m de Corr t nwra of Wddiag at a aAnift i ask or dwrjuilkid sak m a residential moom. not more thin then (3) throes
in env cd d:a year. a ewe your delauh ad prevent the aale atl dlspaeidoo of your real pmpaty by your (i) paying tar wnderatg is the form of Halt. caahkea
check or -ifted clock all sums which would Moe haaorm dx a the time of paymea err ender. in the abw a you default and our ewcae of accekatKm
(ii) p-fi-4rhg W ether, Wigatinn whwa you wndd hose h- bound a perform i. the abaeace d your defauh a the exe ire f ao aooekaaim Clause. (Iii)
F+ykg u tendering um teasumbk fees allowed ualer 41 P.S. Secdta 406 shat de reawrehk aura of pnaxplbtg w foreck- as spe;rtdl in writhe, by
Vmderbik actually i--d err de dae M pay-. aW (Iv) any reaawabk late pemhy, i(F-ided for in the rsron age you have exwurd. (2) Your awrealip
of you real P -Fasty -my be w-aaad by Ihth 1-- or your ai(ahirhg a deed'nh lieu of fur l- tnaak rug the real prapeny In Vaedabih. provided that
Vaakthih must agree w arch deed h lieu of Wreckaare. (3) You has ere dgh m watt der the ml pngeny to amder idividtd w use fm reaideaid purpwa
(tvaice maihaws eo averse side)
if such persou assumes your full liability under your cmarxt- provided that Vanderbilt has the righ, is in sole disaeliou. to upp-nu decline such individuufs
application to mum your contract. (4) You haw the right to refinance your ml property by obtaining a nonage loan fmm anodes person en entity, provided
Vanderbilt is paid an amount egaul to de tad anormt you awe under vmr contract at that tune (dve scoamed bd-).
Please be advised that should your cmaracl be subject to the Penmylvaw Hnmmwaet's Mortgage Assist- Fmgrsm dminWuad by the P-yi-ti.
Housing Finauoc Agency (35 P.S. Sections 1680,401c through 1680.40k), balb a Vuxkt ih aecelorana you contrw.'t, brings a fo-Jr ne action, canrtnoenar
any w;tiun to recover under your ovrutso or uYes posxdxiun of your real property, you will oho be pr-WW an "Act 91 Nutlet' iM'amting you about your righ o
comult with a cons rc credit cau selor about your default and, if you do us eonsall in a timely mnner, us apply far (Immid asaistanne in mmsection whh. a
coonact from de P-ylvar is Housing Fi- AV-y.
BANKRUPTCY
IF YOU OR YOUR LOAN ARE SUBJECT TO BANKRUPTCY PROCEEDINGS. OR IF YOU HAVE RECEIVED A BANKRUPTCY DISCHARGE, THIS
COMMUNICATION IS FOR INFORMATION PURPOSES ONLY AND IS NOT AN ATTEMPT TO COLLECT A DEBT.
HOME OWNERSHIP COUNSELING
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) HAS APPROVED CERTAIN EXPERIENCED COUNSELING ORGANIZATIONS
TO PROVIDE HOME OWNERSHIP COUNSELING TO QUALIFIED BORROWERS. HOME OWNERSHIP COUNSELING IS FREE OF CHARGE. YOU
MAY OBTAIN A LIST OF HUD APPROVED COUNSELING AGENCIES BY CALLING 1400-5694787. YOU SHOULD CONTACT ONE OF THE HUD
COUNSELING AGENCIES OR YOUR LOCAL HUD OFFICE MR MORE INFORMATION ABOUT THESE COUNSELING SERVICES. IF THIS LOANS
DELINQUENCY CONTINUES. YOU COULD LOSE YOUR HOME.
P.O.Bua 98W
Mwyville, TN 37802
7104 7360 2270 0719 1339
MELISSA H LANDIS
102 RUSTIC DR
SHIPPENSBURG. PA 17257-8750
Exhibit "C"
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson " °' -
i`"11_w ?' 3 9 f u -'
L.
[Jl
Sheriff P0 U j b
?Qtttlt? Ot X11 t11 (r?n?,??j?? '' THE
Jody S Smith Chief Deputy 2911 SEP 26 PM 2' 2 2
Richard W Stewart CUMBERLAND 0t NTY
Solicitor
`'?? PENNSYLVANIA
Vanderbilt Mortgage and Finance, Inc. Case Number
vs.
Melissa H. Landis (et al.) 2011-7011
SHERIFF'S RETURN OF SERVICE
09/13/2011 08:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
13, 2011 at 2005 hours, he served a true copy of the within Complaint in Assumpsit, Replevin and
Ejectment, upon the within named defendant, to wit: Melissa H. Landis, by making known unto Larry L.
Landis, Husband of Defendant at 102 Rustic Drive, Lot 38, 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.
NOAH CLINE, DEPUTY
09/13/2011 08:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
13, 2011 at 2005 hours, he served a true copy of the within Complaint in Assumpsit, Replevin and
Ejectment, upon the within named defendant, to wit: Larry L. Landis, by making known unto himself
personally, at 102 Rustic Drive, Lot 38, 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.
NOAH CLINE, DEPUTY
09/14/2011 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 102 Rustic Drive, Lot 38, Shippensburg,
Pennsylvania 17257, but was unable to locate them in his bailiwick. He therefore returns the within
Complaint in Assumpsit Replevin and Ejectment as not found as to the defendant Occupant. Request for
service at 102 Rustic Drive, Lot 38, Shippensburg, Pennsylvania 17257 is only occupied by Larry and
Melissa Landis, Husband and Wife.
SHERIFF COST: $80.00
September 14, 2011
SO ANSWERS,
RbNI'V R ANDERSON, SHERIFF
,c! GcunsySui[e Sher V Teieo ctt nc
DavidD. Buef
prothonotary
Office of the (Prothonotary
Cum6er[and County, (Pennsy[vania
/1
�irkS. Sohonage, ESQ
Solicitor
l 4 / CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite100 0 CarCisCe, (PA 0 (Phone 717 240-6195 0 Ta,c717 240-6573