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HomeMy WebLinkAbout11-7196 ? moo -t rn m r ri {-- .?.?, C) m DOUGLAS C. LOVELACE, JR., Esquire ' s- Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DAYSTAR HOMES, LLC IN THE COURT OF C OMMON PLEAS CUMBERLAND COU NTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - REP LEVIN ANTONIO GUERRIERO and CIVIL TERM VICKI D. FORBES, Individually, Jointly and Severally : NO. i I - 7194 0 -1V1cTk4 Defendants NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFE ND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAI M ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATT ORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJ CTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMEN MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER N OTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLA [M OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR P PERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT O CE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TELEPHONE I HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE L:'. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Qa.00 P A ATt-4 c* Iou p,#a(o y831 1-800-990-9108 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAG USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FE DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UN ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA ESCRITA SUS DEFENSES O SUS OBJECTIONS A LAS DEMANDAS PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA C MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN NOTIFICACION Y POR CUALQUIER QUEJA O ALIVO QUE ES PED PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SU OTROS DERECHOS IMPORTANTES PARA USTED. [AS SIGUIENTES, :HA DE LA APARIENCIA "-ORTE EN FORMA EN CONTRA DE SU )RTE TOMARA ?,EVIO AVISO O DO EN ILA PROPIEDADAS O LLEVE ESTA DEMANDA A UN ABOGADO INMEDIAMENT1 . SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TA L SERVICIO, VAYA UN PERSONA O LLAME POR TELEPHONO A LA OFICINA UYA DIRECCION SE ENCUENTRA ESCRI TA ABAJO PARA AVERIGUAR DONDE SE UEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 DOUGLAS C. LOVED Attorney for Plaintiff Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 4. JR., Esquire 2 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DAYSTAR HOMES, LLC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - REP VIN ANTONIO GUERRIERO and CIVIL TERM VICKI D. FORBES, Individually, Jointly and Severally ; NO. Defendants COMPLAINT IN REPLEVIN--REPOSSESION OF MOBILE HOME Pursuant to Pa. R.C.P. 1071 and 69 P.S. § 623, Plaintiff brings this action in replevin against Defendants, and in support thereof avers as follows: 1. Plaintiff is a Pennsylvania Limited Liability Company with its pl?ce of business located at 628 Glenwood Drive, Ephrata, Pennsylvania, 17522. 2. Defendant Antonio Guerriero is an adult individual whose last known address is 180 Chamberlin Road, Shippensburg, Pennsylvania 17257. 3. Defendant Vicki D. Forbes is an adult individual whose last kn4n address is 180 Chamberlin Road, Shippensburg, Pennsylvania 17257. 4. On or about March 2, 2009, Defendants entered into a retail instalment sales contract with Plaintiff for the purpose of purchasing from Plaintiff a 1999 Skyline Mobile Home, serial number 8V100666LAAB. A true and correct copy of the Promissory Not evidencing the sales contract is attached hereto as Exhibit "A." 5. The aforementioned mobile home has a retail value of approximately $39,000.00. 6. The aforementioned mobile home is located at 180 Chamberlin Road, Shippensburg, Cumberland County, Pennsylvania. 7. By Security Agreement dated March 2, 2009, Defendants grant d Plaintiff a security interest in the aforementioned mobile home. A true and correct copy of the said Security Agreement is attached hereto as Exhibit "B." 8. Plaintiff's security interest is evidenced by a Commonwealth of Nnnsvlvania Certificate of Title, a true and correct copy of which is attached hereto as Axhibit "C." 9. The security interest Defendants granted Plaintiff gives Plaintiff 'the rights, inter alia, to demand payment in full of the outstanding balance or to repossess the a orementioned mobile home, in the event Defendants default on the terms of the aforementioned installment sales contract. 10. Defendants defaulted on the aforementioned installment sales 4ontract by becoming delinquent in making monthly payments from May 10, 2010 to the 11. Plaintiff provided Defendants Notice of Default and Intent to Seek Remedies on March 12, 2010 via Certified Mail. A copy of said notice is attached as Ex?ibit "D" 12. Defendant Vicki D. Forbes acknowledged receipt of Plaintiffs Certified mail on March 16, 2011. A true and correct copy of the certified mail receipt signe by Defendant Forbes is attached hereto as Exhibit "E." 2 13. Over forty-five days have elapsed since Plaintiff gave and Defendant Forbes acknowledged receipt of the aforementioned notice. 14. Plaintiff provided Defendants an additional Notice of Default and Intent to Seek Remedies on May 19, 2010, via personal service. A true and correct copy of said notice is attached hereto as Exhibit "F." 15. Over forty-five days have elapsed since Plaintiff gave Defendants the aforementioned additional notice. 16. Plaintiff believes and therefore avers, that Defendants have possession of the aforementioned mobile home. 17. Defendants have failed and refused, despite repeated demands > y Plaintiff, to pay the balance due under the contract or deliver possession of the mobile home to Plaintiff. WHEREFORE, Plaintiff respectfully asks this Honorable Court to grant possession of the subject mobile home to Plaintiff and award Plaintiff reasonable attorney's ?ees, interest and costs. We : Gvt4ewkb44 sG? ao?1 -I Douglas C. Lovelace, Jr., Esquire Attorney I.D. No: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff 3 EXHIBIT "A" PROMISSORY NOTE TE 'd Aa t. $4M M Infie rm Rate: 10.3% Dou of Note: 1h 2009 X - BORROWERS PROMTBE TO P.A Y In return for the loan that I have received, I promise to pay S. $2.51000.00 (gals amount is called `Vrincipg") plus interest, to the order of the Lea, . The L ider is DAYSTAR ROHN LLC. I understand that the Lender may fear this Note, The Lender,or anyone who Wm this-Note by transfer and who is entitled receive payments under this Note is called the "Note Molder." 2. INTIMST Interest will be caharcged on unpaid principal until the full am bean. paid. I will pay interest at a yearly mute of Tea and One-Hat t of principal has Percent (1Q 5% The intaist rate rregdred by this Section 2 is that rate I will pay both ` . ). fore and after any default deson bed in Section 6(B) of this Note. 3. PAYMENTS (A,) Time and Place of Payments: I will pay prWcipal cad interest by making paymms every m th. I will mare my montWy payments on the 2nd day of each th b*nn ing on March 2, 2009. 1 will make these Payments every month until I h we paid all of the principal and intavat and any odd charges described below that I ay owe under this Note. My monthly Payments will be applied to interw before princi ' al. On March 2 2019, T will make a balloon payment to Lender for any unpaid pri , ' ' l and interest which is called the "mataft date-" Leander at its disczrfion may a , tend the maturity date an additional period of time as agreed upon by the parties . I will make my monthly payments to Daystar Homes LLC, at 629 Glenwood Drive, P. O. Box 31 Ephrata, Pennsylvania 17522, or at a different 'lace if re q W..md by- the Note Holder_ (B) Amount ofrnontitly payme ntv Ml y monthly payment will be $337.34. 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any dame befcv they are due. A payment of Findpal only is known as a 'Vmpaaymcnt." When I mal will notify the Note Holder in writing that I am doing so. e a PtIayrnent, I I may make a full prepayment or partial prepayments wi prepayment cbarge. The Note Holder will use all of Inv pMa nr, out Paying any tt to reduce the amount of principal that I owe under this ?date. if E :rake a partial : be no changes in the due date or. in the amount of cr monthly ayment tlxcre: will y payn? Heider agnm in writing to those changes it :u lcsis the Kota 'nil -it! WEIGLE & A"0C1A'Y=. PC, - ATTORNEYS AT LAW - Tae CAST KING -P& ET - S'"II Ct?SBuRC;, PA !9297-9997 5. LOAN CE ARGES If a law, wbieh applies to this loan and which sate ro&dm is load charges finally interpmed so that the i ntezrml or other loan charges collected, , to be collected m connection with this loan exceed the pwa itted limits, than: (s) any loan chmge shall be ra hxW by the amount necessary to reduce the dmp to the pecenan , 'ttad limit, and (ii) any sauna already collected from me whiob exceeded permitted limits l will be re funded to me. The Note Folder may choose to make this refund by reducing ' the principal I owe under this Note or by making a direct payment to me. If a refund reduction will be ftaded as a partial prepayment. aes principal, the 6. BORROWER'S FAILURE TO PAY AS litEQU D (A) Lute Charge for Overdue ftyments If the Note Holder has not received the full amount of any w orrUy payment by the and of 5 calendar days after the data it is due, I will pay a late charge to the Note Holder. The amount of the charge will be $20.00. l will pay this W but only owe on each late payment, e charge promptly (B) Default If I do not pay the M amount of each monthly payment on a date it is due I will be in default , (C) Notice of Default If I am in default, the Note Holder may send me a written noti telling me that if I do not pay the overdue amount by a certait date, the Note; Holder ay require me to pay immediately the full amount of principal wWah has not been, paid ' anall the interest that I owe on that amount. That date must be at least 30 days after th date on which the notice is delivered or mailed to me. (D) No Waiver by Nate Holder Even i? at al time when I am in default, the Note Molder does not require me to pay immediately in full as described above, the Note Holder will still ' ve the right to do so if I am in debult at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in M the Note Holder will have the right to be paid back b me for all it f described above, d y o . s in enforcing this Note to the extent not probibite d by applicable law, sts an expenses 't'hose espeauses include, for muimple, reasonable attorneys' fees. WENSL9 CA ASSO ]ATES. PC. - ATTtMRmayS AT LAW - 126 EAST KING STR T - X"( SBURGp PA 17957-7397 7. GIVING GE NOTICES Unless Applicable law requires a different method, any notic to me under this Note will be given by deliverig it or by mailing it me at the foperty Address above or at a different address if I gi-$ notice ofmy amt address. AR? notice that must be,giiven to the Now Holder under this Z mailing it by, first class mail to the Note Holder at the address st above or at a differew address if I am given a notice of that different ; 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each pe3on is obligated to keep all of the promises made in this Note, including 1 fiiil amount owed. Any perscm who is a gmuntor, surety or. endoor, obligated to dxw things,. Any person who takes over these obli; obligations of a guarantor, surety or endorses this Note, is also oblip pt+amises made in this Note. The Note Holder may enforce its r agavdst each person individually or against all of us togetbe r. This i us may be required to pay all of the amounts owed under this Note. 9. WA,IVE1ltS that must be given y ;fist class mail to the Note Holder a will be given by in Section 3(A) Ily and personally promise to pay the of this Note is also ions, including the d to keep all of the is under this Note ms that any one of I or any other person who has obligations under this Note waive the rights of pmt and notice of dishonor. " A tment" means the right require the Note Holder to demand payment of amounts due, "Notice of dishonor" ears the right to roqum?c the Note Holder to give notice to other persons that amounts ' lute have not been 10. MWORMI SECURED NOTE TbM Note is a uniform went with Jxm iced variations in Iii addition to the protection given to the Note Holder under this Agreement (The "Security Insbnnnent"), dated the same date as this Note Holder from possible losses which tight result if I do not keep t I make in this Note. That Security Agreement describes how and undo may be required to make immediate: payment in full of all amour& I ov Some of those conditions are described as follows: Colkteral. I aelmowledge this Note is secured by the described in the Security Agreement listed herein: 1999 Skyline a Serial Number of 9 VI O0666LAAB dtasat on a privately Chamberlin Rand, Shippeasbur& Seq-"--M-07-4? ToMiship, Ci Pennsytvanuia. /?{ec C L,, 3 in.ipal? ri WF61GLE & A55OCtA7V5, P.C. - ATTORWEy$ AT LAW - 120 FAST KFMG •5 MT ? T - Mme jurisdictions. Note, a Security Note:, protects the e promises which what conditions I under this Note. ing collateral home vvlth a lot at X80 and County, PA 17957-1397 Transbr of the Fftperty or a DeaetWal Intereart b, B . If all or any part of the Property or any intaml in.it is sold or transfared (or if a ensftcial interest in Borrower is sold or prod and Borrower is not a natural Landees prior written wnsent, Left ma. , at its o ) without W of all optionate ymeut in full of all sours Scoured by On SMMty Instrument. However, ft option shall be exercised by Lender if Otdroise is prohibited by *deral law as of the elate ofthis Saznty Instnneeant. . If Lendw eaemises this option, Leander shall give Borrower;a 'ce of acceim oa. 'l'ire notice shall provide a Period of not less than 30 days from the date the notice is deliver or'mailed within which Borrower must pay oil sums ' by tWs Swunty InsemicaL, If Borrower fails to pay these sums prior to . the. on of this period, Lender may invoke any remedies permitted by this Security I?nst?c M t without ft-ther notice or demand on Borrower. THE HANDS AND SEAU OF THE UNDERSIGNED. Vida D. Forbes Antonio Gueriero lnstt7lfa?: - - lea WEIGLr. & ASSOCIATUS, AlC. - ATTORNEYS, AT LAW - IZO EAST KH144M $77tSwlp aENlLrURCa, MA 1757-197 EXHIBIT "B" SECUFJTY AG F.M-ENT THIS SECUnrY OGRE myr dated 2009, is anted into between VYCla D. FORBES, and AWONTO G .RWRO, of 1$0 (Mamberlin Rosa, Peionsylvemia 17201 (referred to below as " and DAYSTAR HOMES LLC, of 628 Glenwood Drive, P. o. Box 32, Ephrata PA 17522, (mforred to below as X.ender.). GRANT OF SECURITY INTEREST. To "C'Ur+e the ind ens described below (including all obligations. under the Note and this Agmxna nt),1 grant to Lnder a J=n so-urity inttareat in all of the Property dcsc ribed below. I understand that the following statements set *Tth my reaponsabi . es, as well as L4nder's ii is concerning the Property. I agree as follows: PRO)pBRTI' DISCRI[ 'XON. The word °`property" as um - in this .A,greement metes the foll*Wiug descxibed pmPcrty in which I.am giving to Lend a security interest for tie payment of the indebtedness and perf wamoe of all other o 'gations under the Note and this Age ent, 1999 SKYLINE MOBX I' HOME WITH A SER.X&L NUMBER OF 8VIO0666LAAD SITUATE ON A PRIVATE LO'X' AT 180 C ERLIN ROAD, SHI"ENSBURG, CUMBERLAND COLIIITTY, PENNSYLVANIA, In addition, the word "Property" also includes all the following: any land all wxvssions, attachments, WAassories, replwanents of and additions to any of the arty described lwmn (such as but not limited to appliances and fixtwres attached a mobi)e home), ahetbm added now or later, together with all proceeds (including ins CC proceeds and refunds of insurance premiums) if any, and sums due ft m a third Wq- who has damaged of destroyed the Property or from that party's insurer, whether due to judgment, setdament or other proaceds. T3esl)ite any other provision of this A,grae new Lender is not granted, d will not have, a "n-purchase money Wtvity interest in bousehold goods, to the ex at such a security t would be probibited by applicable law. In addition, if Leader s required to give notice of the right to cancel under Truth in Lending in connection vvith any additional loans, racte"Sions of credit and otber liabilities or obligatons of me t Lender, theca this AVvrn ent shall not secure additional loans or obligations urle..cs and until such notice and all Material Truth-inn-Lender disclos'tares are delivered. REPRESENTATIONS AND PROMYSES WrM RESPECT 'TO GR.&NTOR. I xpre = and praise to Leader that my correct legal name and ad4ress is: VIC-K[ DIANE FORBES and ANTONIO GUERRM.RO of 180 berli.n Road, Shippe sburg, Pennsylvania, 17257. 'r,:1.l wE1GLE 0 ASSOCIATES. P.C. - ATTommys AT r_Aw - 126 FAST XrN6 STAzLT - S. 6m4JRG, PA 17257-1397 RX P'RESF.?riTI'A 7n0NS AND PROMSM WITH R?MCT TO JIM PROPERTY. I rap awnt and promise to the Lender that: I hSVC, Or Upon acguiota will have, full title the Property free fi'om any lien, security intent, encvmbrmace, or claim ex for the 'security intmst and lien grated to the Lender ham which shall include an ftxu nbxmn to be noted on the mobile home title to be tendered to the Lander het in, and I will at m cost and expense, defbnd any action that may affect the Lender's seeunty inutest in, or my title to the eny. No Sale. Without -Lender's prior written consent, I will not ell, lead tmnsfbr, lxirrow against, of otberwise dispose of any of my rights in the Pr''oP uinle:ss and until all the indebtedness is paid in ML Loertion of the Nopeurty. I hereby ague. to keep the located at I so Ch&W zhn Road, Shippmsburg, Pennsylvm* unless written t to change the location is obtained from the Lender. Mateia maace aaaad* linsnmc& I will keep' the Property in d condition and repair. If the Property is damaged, lost or stolen, I immediately will ' inform Lender I will keep the Property fitlly insured against all loss or damage by fire, . eft, collision and suer hazards as Lewder may require firm time to time. The ' including deductible provisions and endorsement that i , will be on terns, , are sat s including shpWations *a coverages will not be cancelled or diminish ctojry -to Lender, without at least tee (10) days prior written notice to Lander and not including any ' ' disclaimer of the insurer s liability for failure to give such notice. I undastaad that I ma y obtain insurance from any insurance company I may choose that is reasonable acceptabl e tin Lender. I will provide Lender with the original insurance policy, or other proof sans the insura 'try to Lender of nce coverage, together with all e=ndorsements required by L endorsement naming Lender as the party to whom all loses will b der, including any aid If L receives a zefimd of any insurance premiums, I agree that the refund i p . ender ' Property covered by this Agreement Leander may apply the reiimd to payment of any o the indebtedness Any insurance policy Much I deliver to Lender will be }told to . payment of the indebtedness. Until all indebtedness is paid ina full, Lander is auth but &hiall not be required, t0 file any proof of loss, adjust any loss, receive any Pt for any swan payable, =Tender any policy, discharge and release any insurer, refaxad check or draft and i l d or" any loss or , n genera o in my name, or otherwise, any respect to. the insurance or any insuxsnae proceeds. d all things with Licenaiag and Govem mme nta i Regaiations. I Rgme to k pep the Pr+opetty licensed at all times as required by all applicable state and federal la s, in addition, i agree to pay when due all license fees, tastes and assessments relating the Property or the use of the Property. I further ag nbe that the Property will not be UM . for any unlawful purpose or in violation of any statue, Jaw, ordinance, or regulatioxc atins to the ice, operatiun, or control of the property. 2 inrtlais W0GL& A ASSCXUT=. PC. - ATTORNEYS AT LAW - 128 FAST KING Sr?ZIELL-r - SNt G+ SB1.1RV*, PA 17257_1897 hOPMtfOIL I agree that Lender or Lender's ageub dmu h"ei the right ft m time to time to inspect -the Pmpearty when mw located. dng Stslbmr "ta I authorize Lender to file a UCC fini cing statmemt, or altx.rna tivedy, a CM Of Ibis Awm went to perfect Lcndear's sCCMty it bmst. At Lemdear's regtust, I additionally agree to sign all outer doctnme nts that are n to pas fact, lacteal, ad eoatinare Lender's sanity interest in the property. LF"ICF'S EX PFNDrrEM S. If I fail (A) to keep the property fra of all taxes, liens, security interests, enctaabzaaaes, and other claims, (B) to provide im vgWred imst mote on the PmPerty, or (C) to make re paim to the Property, then Leander flay behalf may, but is not required to , take any aetiOn that Lender believes to be to proms lender's inWONtL All 'exPez. M i cw" d or paid by Le ade, for such will than bear interest st the rate chstgW under the Note fmm the daft in OMM or paid by Lender to the date of repayment by Me. All such eugz?ses become a part f the indebtedness and, at Lender's option, will (A) be payable on demand, (B) be adde to the balance of the Note and be apportioned among and be payable with any insta MCDt payments to become due during either (I) the term of any aMiicable: inm wce policy, or (Z) the remaining tam of the Note; or (C) be treated as a balloon payment Will ch will be due: and payable at the Note's matatrity. The Agree neat also will SOCU re Payment of these amounts. The rights provided for in this p h shall be in addition ',to any other rights or any remedies to which Lander may be entitled on account of any t. Any such act= by lender shall not be construed as curing the de alt so as to b lender fim any remedy that it otherwise would have. DEFAULT. I will be in dcfaault if any of the following bappens: Paymuent Default I fail to make any pavmemt when due under ?e indebtedness. Break Other PY=dses. I• break any promise made to Lender for fail to perform promptly at the time and strictly in the maoner provided in this Aglement or in any agreemmemt related to this Agreement Falser Statements. Any station or statement made or `shed to Leader by me or on my behalf under this Agreement or the Related Do ants is false or misleading in any material re qx=4 a Me r now or at the time made or she ci Depth or f7mlvency, I dic or become incompetent or insot t, a receiver is appointed for any part of my property, I make an assignment for the b etit of creditors, or any proceeding is caronmrnced either by we or against me under y bankruptcy or insolvency laws. TakIft .of the Property- Any creditor or Bove: nsneatal agent tries to take any of the Prnpexty or any Other of my property in which Lender has a li_ However, if 1 disputed 'in good faith whether the clem on which the tatdng of the Pn?MV is based is valid or reasonable., and if I give Leander written notice of the claim furnish Lender 3 Tn.tials_j wEIGLE r. ASSOCMTMq. RG. - ATTORN" AT LAw - 12G PAST kING STFtEET - $HI NS9URG, PA 172117-7997 with monies or a t3trsty bond saflofactory to Lender to satisfy the provision will not apply. Derive Callat et* iiog. This Agreement or any of the l camw to be in full force and eCt (including failure of any collateral a valid and perfected secu ty interest or heat) at any time and for any r Property Damage or Los& The Property is lost, stolen, sold, or borrowed against. Tnsecvrity. Lender.in good faith believes itself insecure. -than this default Documents Mt to Create Events Aftiadit Gaarentor. Any of the proceeding epte XW3 with respect to any guarantor, endorser, surety, or accommodation party of aIndebtedness or any gam' nlor, endorser, sanity, or a oomlodation party dice or incoroorpeteal or revokes or disputes the validity of, or liability under, any qIndebtedness. Cure mss. If any default, otbcc than a default iYn YM entis curable and if I have riot been given a notice of a breach of the same pr+ovisi ois Agcew neat within the proceeding twelve (12) months, it may be eared if I, receiving writ Nodoe from Lander demanding cure of such default- (1) cure the t within fifteen (15) days; or (2) if ft care requires mare fifes (IS) drys imm ly initiate steps which Lender deems in Ltndces sole &wcfion to be suAcieat to aL re the default and thereafter continue and complete all reasonable and necessary steps sancierit to produce compliance m soon as reasonably pract ioal. LENDER'S RIGHTS. I orgy keep and use the Property so long as am not in default under this Agreement If L am in defalt, this is what the Lender >m y do, in addition to any other rights Lender may have: Accelerate luadebtednew, Lender may declare all i and payable, without notice- Other Rights and Remedies. In addition, L+cader will have secured party under the Uniform Commerr~ial code and other app] means, among other ngbts, that Leaden may enter upon the premises at above and take the Property peaceably and sell it Lender may a permitted by law, enter peaceably upon other premises for the purpo Property, and I consent to such entry. If the Property contemns any goy this Agent at the time of repossession, I agree that Lender may provided that Lender makes reesanable efforts to return them to me afig Lender asks me to do so, I will gather the Propcny and make it avai; Place reasonably convenient to both Lender and me. Application of Proceeds. If Lender sells the Property, Lender proceeds of the sale to reduce the amount owed Lander. "Net nrocee 4 llt%Ws j MrL?iGLQ G AS$OCIAATP,E. PC. - ATTORIVr=vS AT LAW - 126 EAST Kp4o STWPLrT .? immediately due Il the rights of a able low. This )e address shown o, to the extent of retaking the s not covered by Ake such goods, repossession. If ble to Lender at I apply the "n r means the sale MA 17 2 57-13 9 7 price leers the expe nsw Of repossession, repair, sale, and as prove below, reasonable attorneys fees and outer collection cxpcnm. I agree that, to the exta4l permitted by law, I will owe Leader any difference between the arnotamt of the ' indeWednem and the net proceeds Lander receives fm the sale of the Property. Notim Unless the Property 1htvetens to decline speedily in ue or is of a type cushy sold on a naognized market, Lemdw will give: me, other persons as roquirod by law, twsonable notice of the time and place of any publi We or of the time after which arty private sale or any other intendW disposition of th' Property is to be made. The requirements of reasonable notice shall be met if such i ' given .at least ten. (14) days before the time of the sale or disposition, except as od 'se required by applicable law. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are part of this Agreement: Ammd tg and In x'et item- (1) What is written in this Agreement is my entire agreecrrent with Leader ooncernmg, the Property. This Aam ent may not be changed except by another wn'tten agre=aA between tis. (2) If m than one person signs below, our obligations are joint and several. This means that th words "I," -mc," and "My" mean each and every person or entity signing this curt, and that, if Leader brings a lawsuit, Lemder may sue any one or more of us. (3) he names given to patag'aP>ss or sections in this Agreement are for convenience purpos4s only_ T'hey are snot to be used to interpret or define the provisions of this Agreement (4) 1 agree that this ,A,greetm9mt is the best evidence of my agreements with Lender. Atto?ruueys' Peen; F-Vmses. I agree to pay all of Lender's stand including Leaders msom6le attornexpens eys ' fees and lender's legal etc c s, in=red in connection with the enforcement of this Agreement. Lewder may or pay someone else to help enforce tbis Agreement or to collect the Indebtedness, I shall costs and expeoses of such enforcement Costs and expenses 'elude Lepay the nder's reasonable attorneys' fires and legal uses whether Or not there is a awswt reasonable attotn , including e:ys' fees and legai expenses for bankruptcy proce dings (including efforts to modify or vacate any automatic stay or injunction), mss, d any anticipaW post-judgment collection services. I also shall pay all court costs, in 'tion to all other sums provided by law- This went also secures all of these ama Caption HOdiogs. Captionn headings in this went are fox! the convemence purposes only and are not to be used to interpret or define the Provisions of this AV=nent I? Nodexs. Unless otherwise provided by applicable law, any notice required to be given under this Agreement shall be givers in writing, and shall be effecti when actually delivered, when actually received by taelefacsimile (unless otherwise zequdred by law) when deposited with a nationally fecognized overnight courier, or f mail deposited in the United. states mail, as first class, certified or m stmed. ? when snail postage 5 I?itia±s? t$?- VMIGL Z & ASSOCIATES. RC. - ATTOft,,MYS AT LAW .. !26 EAST !KIND STREET E1?/R?j PA 1725'r-139,t lrOPalid, dn=ted to the addresses shown near the Ong Of it I Pevm maY c$arW his or her address for notices under this Agreem is Agrivment Any written notice to the other person or pmons, ' that the ptttV se of the he notice Lice il $G the persona's address. For I rm s do all times of my mvmt address. Unless otheravise keep er informed at mate than one Grantor, asvatic given provided by applic le law, if there is any by Leader to any Grantor is ed to be notice 9" 1 IM Cxranto?rs. It will be my responst`[rility to tell the others Lender. f the notice from No Waiver by Leuder. ; I understand Lender will not give BUY Of er's rights under this A$roeittent unless Lendcr does so in writing. n fact that der delays or omits to exercise any right will not mean that Lender has Lender does agree in writing to give up on of L wda's ri fatSL not m nP tm right. If iaot have to qty with the other esa I will Pf0visions of this Agreipn cmL I also understand that if Lender. does consent to a request, that does not mean that i will not to .get L=der,s consent again if the situation happens again. I finther underswd that just because Lender consents to one or mare of my requests, that does not mesa ? to coat to nay of ray fiftm Leander will be PaYMent, Protest, and notice of dishonor. requests. I waive presean ant, demand for Se°verabgity. If the court finds that any Provision of this A or should vat be en# is not valid a rced, that fact by itself will not mean that the rest f this Agreement will not be valid Or enforced. 't'here, a court will enforce the rest of the 'sions of this Agreement eves if a provision of this Agrem ant may be unenforceable frnmd TO be invalid or . "Pon 'My heixs ts. The tams of this Agrea?nebt shall be binding upon me, and y , P . representatives, successors, and assigns, and shall be etaforceable by Lender and its successors and assigns. Time is of the Easenm Tune is of th.e essence in the As?em ent. M?rmance of this DBRTIQNS. The following words shall have the following meantn, when cued in. Ws Amemt: Meat. The word "A tnt" means this S=zrity Agreement, as this Security Afretment may be amended Or modifier] frorn time to time., gether with all exht`hits and schedules attached to his Security Agreement from time to ti r! e. Borrower. The word "Borrowwl means Vicki. D. Forbes and and includes all c o.-signers and co-makers si onto sots assigns. 9=4 the N°te and all their successors and nd Cantor. The word "Grantor" means Vicki D. Forbes and Antoni I +Guerriero. 6 WEIGLE & A"CIC-TES. PC, - ATTORNEYS AT LAW - 726+ EAST KrNe $TREEr Sw, w,?? BURG. PA 17257-1397 Guar j?. The word 'GUamoxy" mums the guaranty eadon:5er, "Tuly, or amoimmodahon party to Lenda, including gvarantY of 211 or part of the Note. Indebftdnew The word "indebtedness" mesas the indebte the Note .or Rdead Documents, including all priw ipal and ingest to,, indebtcduew and colt and wenscs for which I am xespow'ble urtde mxkx aay of the Related Dca=arts. The liens and secarrity interests this Ag neut covedug the Indebtedness wbich may be created in tb back to :the date of this Agreement SpeoificaUy, wi&OW limit includes the fiftm advances set forth in the putdre Advances provisio, together with all interest them the guarantor, d limitation a ness evidenced by Wither with all other this Agz ent or created pint to fufture shall relate iM Webtedness of this Agreement Leader. The word "J.ender" meaus ])aystnr Homes LLC, its sum and or assigns.. The words "sum , and or assigns" mums any pawm, or acquires any interest m the Note. company #hat Note. The word "Note" means the note or credit agreement March 2, 2009, in the Principal amount of $25,000.00 from VicId b. Forbcs and Ari 'o Gt=zierb to Leader, together with all rmewaals of, Wensions o t modifiicadoas o refinancings of, consolidations of and substitrttions for. the note or credit agreeme t p"Verty The word `Troperty" meatus all of my right, title, interest in and to all the Property as desmbed in the `Tropcty Description" section Of Agreetnent. )EI,a3lated Documents. The words "Related Documents" m all promissory notes, credit agreements, loan agre=euts, avimumental security agreements, mortgages, deeds of guatzes' al.l other trust, security deeds, Coll mortgages, and agreements and documents, whether now or executed in connection with the Indebtedness. I have read and unde;rstoW an of the pic'ovWO= of ties Secnrit agree to its to bu. This agtOMent is dated March 2, 2M. y ' meet and Tbly agreement is given under seal and it is Wended that this 9 raw nt is and snail ooau,> tkute and have the effect of a sealed Instrument according t0 is IFT- Grantor. Vicki 1 . Forbes Antonio Guerriem 7 initials WOOLS 6 ASSOCIATES. P.C. - ATTORNEYS AT LAW - 1?_6 EAST KIMO STREET - 5HI PE 501MG, RA 17^257-1397 EXHIBIT " C it I1. . tins.,..::.... ... •i .. '. '. .,-L6...?_ . -. _.?M iA?M1.r..•n.. r.w..r,.!:.:_:!!?..n:.. •,n.:•..?,•.r... i.._ __..'?......-' :' ?•. ' ?u. ":.11•x'.... .. ,'., _?.,....,,?p.:,'•-;:?,.,,.,u; nL•,:ii??i,?,,yyf ,jr '••1F'..•.'"7. '?. ;; 'MQ '^"`H'1t; ?'r.Ir='_j?,"''Pf'r?:::?"5?.. •;r nS'•^'ti+?.;f r:M".';,.i?!t.x..r. ''•;` • ?,?,'. YAM Ei?"w+.-.:.?T.•"•;It7_ i.'.____."_ .•L..rra,??:arr„+. -r.,at...s,.._.. ... ..: '. qr •, ?,?'')1 y;P.f(ff :.??' ?N; :Y'A.. ??i' ?' '(<t. ;1 •`?'`;,•1'•• ••A::?!fF?E/lr?+i'1n'Y1"'t+.Y?+?dp, .: ,y•'' ?fYll. r:3•u?'•!'SfJZ?;.F.:??F,.??''„r ?;:??•.r?':.%,''te> ''+'• n(`.{{J..., ..: pS?"S r. 'r ? ,'pnYd:'. .s?',! . '??i>?:: ?% ? ??t •y:•?•?e'?!rt ?.1 ',k„t, . r:. ..:ir?5'.'ry._. '•ai3 ,,?/?f.1'II.. ;,?, r?41 ? 4 1 ?' • :i.'?? f ?f'Qh MIN i?fe M aIR11(' • , ?G?i ?f :?° `'i w?a' i'`Ms;3'"ri.?3 ' r A ??1N?t?rrldit 725 y-au,;,°.. ;?,•, '9BCdid•7dQk,FA?R.•OR:'.. r;Y?s+?}:a,??'? Y ..?', .t.'•F,'' 1 , ... M k.:': S iii •'. ?. _ ,. ..' :..:?'.:? 1.. ?.? .. '? - ay. ,Yr .• f'rL•; ?? 11 n ? ? .t _..5t"f'"? n .>r::.d?? ;.p+,..; ,,?:.., .t;,?.t' r,,?,,?`??eeb?lb'?t{'NMM?N?te?NeCifi:?.:',.' - .i .{•,r.,,:•:?'?,Y?',,yu_ ?? ' bFftd ry.. '.L:1:: •ryi'?.. !: k'•'';i?.°.??;•• .Y?PAPgIO*MIII?0.?•'.,y°nllll,.`,O?h??.f,?,,i bF?t 9Y .yam 'I kIWiM?T}??,?.:c.:.. • r + • , rib.:.. •+c". ` 'S °+. sG; .y:v.:, r+M t';`,' ? , ; LO u: C-0 ir : r.? • :: .. +rr?fyly{e'?"?'?'?IY?1ye?i r?r:•: ri 00 •Y': •'t :y.?. -7- 7, _ Mr . CF) W !b?0lblll'W1A F anti . ' EXHIBIT 111)" '08/26/2011 10:15 17173540225 TRAILSIDE EXPRESS PAGE 02 Vicki D. Forbes 180 Chamberland R*d Shippensburg, Pa. 17712257 NOTICE OF DEFAICILT AND INTENT TO SEEK REMEDIES 1. ObIlption or swag ft interest: Installment sale Cement for a manufactured mobile home, evidenced by a I March 2, 2009, LIP secured by a lien pursuant to a security agreement dated b which are enciosbd). 2. Nature of the d4bult claimed: a. $3,710.7for unpaid monthly installment payments. This is eleven $337.34 h from May 2010 through March 2011. b. $210.00 in late fees for your eleven unpaid monthly installments. c. Proof of ?"ent of insurance premiums. 3. Noda period: We must wait fo# a period of thirty (30) days from the date of this notice action to seek ouk remakes. 4. How to Cure: You may cure your default by paying us the sums shown above and by payment of the insurance premiums mentioned above. 5. DemdNee to Cu&: 67 1/' isory note dated 2, 2004 (copies of 1) payments of a we may begin to take the proof of You have the riot to cure your default at any time before title to the mobile h e is lawfully transferred, wbic1h shall be not less than forty-five (45) days after you receive is notice. 6. What will bepp?a if you do mot came: If you do not cute your default, we may accelerate the maturity of your installrt sale contract, commence legal kction to recover under your obligation, or take possession of our mobile home. Daystar Homes, LLC By: Rack A. Mull, manager EXHIBIT "Ell ?• ?y{?j t' Ili i?• .1•.'.'. .•? '-' MEN .. WEN" t.?A;mwtol?d:0?1?:+f.+Ye ,; .• lhd:op ?No 04wy-t ?.r • rrr ouJ . . i?reum, _'.?•?:'?!'?1t?'.iiMRi??id:iet'?l.1lb;•I?YM?: `.? ' :::?? wax,or>taii?r?;tii?•aaltif??a?you: ..,? .";,{ - •; •,?;; ccorfil?s.oiiFspios:peraiMa. :..•. :;: > 's? ""IisilE'fldei?im ?.i1 '?? ?^,t;l:ir"'i'';:+?Lk tµ LL?ff ? C 4".l?• c?•,`'.?Vke":, ; . °'? , .. . , ??`?`+:.?, ? ?1.i ? .? U?7 tL'Y'' .?t1 ? ? ?: L' ? .. ,.. ?, ? •'' :'.::..:;?;3;?tlelY:1lboi?f!`117lMeit?il?fba• ', :a:w b 07.80 13OQ1 3+400 3189 .a Ir m :_ ., 4 U li ar. 0 r 1 - V1 ' I,:!,+). lr r J m ce,enee ree t ?'r ,? O FIMnn !F + k Y 7 03 R"trMsdboNerYf? (E??brs anf fiagtAia s G 9 9 ... ? 'ibinll?+reyfidPe?s ? vC;rGa? : '!ir'?'?+?`,JiJ.A O C3 n - -mm ' r OI?likl ^ 1 r fA .i • yf•'f "-y? ?,'.? '^,? r .' ,x? tc I rj Er ?:1 ?? '???I,? 7 :??, xtlHU+a??d?o C ? C i G f GBIW W e0eMd VWL C S k +? PaI11Y93 U d 0 7 C EXHIBIT "F" Vicki Dine Farbees 180 Chamberlin RD. Shims AL17257 NOTICE OP DRFAULT AND MENT TO SXM DIES 1. Oda or warity interest. L?falhnent satin a8momt for a ManOwkwed mobile home, evidenced by ?? y note daeod Mm+ch 2, 2009, and so xed by a lien puma mt to a ncwlty aunt dated Nfomb 2, 20x9 2. Nature of tw ie?da:k a rimed: a. $4,385.42 for unpaid m r ly inslalhned paynmb. This is eleven (3) psymants of $337.34 each from May 2010 droglb june 2011. b. $210.0o io lste f*N for yow Thkt m unpaid mantbly =Wmeets. c. PMOf of paymea:t of huUm e, psueaiums. 3. No kt period: We must wait for a period of thirty (10) days fnxn the dme aftbis notice befix? we may begin to take action to seek our:emodim. 4. How to Care: Yon may cure your' dolt by paying us the sums dmm above and by Mwidithe proof of payment of the ina>rranca premiums mernfloned above. 5. D=dl! w to Caere: You have fire r4ft to care ynrnr defaelt at any time. bofocre tide to the mobile is lawfully trans$errod, which snail be not less than Ten (10) days actiar you receive this M+M C What wig happm if you do not cure: If you do nO cote your def1wlt; we may awelerste the minty of your install sale aocntraet, commeece le* t?C6W to rec r under ym obb4ption, or t dw paesieasin ot.7 mobile home. Daystar Homes /Rick Mull contest information to meloe payrnaet is 717.02 -Daystar Hanes, LLC Rick A. hUL manger DAYSTAR HOMES, LLC IN THE COURT OF CUMBERLAND CO PENNSYLVANIA CIVIL ACTION - RI CIVIL TERM NO. 7 PLEAS Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants VERIFICATION The undersigned is an agent of Plaintiff and authorized to verify the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to statements of fact made in the foregoing Complaint in Replevin--Repossi are true and correct to the best of Plaintiff's knowledge, information, and .ice ^ f Date: 2011 t? Plaintiff, subject to Ahorities, that that the ion of Mobile Home lief. Richard M 1-?,c <y DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C') CIVIL ACTION -REPLEVIN ?rQD.? m -urn CIVIL TERM <3 =J oQ <C3 yr c)-n N0.2011-7196 c3 rn . 2+ -< -t PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of Plaintiff Daystar Homes, Inc. and against per Ni?y fovel ece Defendants Antonio Guerriero and 44ok P. Ferbe, , for -Defendants' failure to plead to the Complaint in this action within the required time. The Complaint contains a notice to defend within 20 days from the date of service thereof. Defendants were served the Complaint on September 20, 2011, and Defendants' answer was due to be filed on October 10, 2011. Attached as Exhibit "A" is a copy of Plaintiffs written notice of intention to file a praecipe for entry of default judgment, which I certify was mailed by regular mail to the Defendants at their last known address on October 21, 2011, which is at least 10 days prior to the filing of this Praecipe.. Defendants are not represented by counsel. Damages are to be assessed at trial. 'e-e .I &eo,a,?Ve Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff Cogs h A104 ce A9111e,711, EXHIBIT "A" DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants To: Antonio Guerriero and ??iVI" _:-Pe-h-es- 180 Chamberlin Road Shippensburg, PA 17257 Date of Notice: October 20, 2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION -REPLEVIN : CIVIL TERM : NO. 11-7196 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-31 6 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and , Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -REPLEVIN CIVIL TERM NO. 2011-7196 CERTIFICATE OF SERVICE I Douglas C. Lovelace, Jr., Esquire, hereby certify that on November 7, 2011, I served a true and correct copy of the foregoing Plaintiffs Praecipe for Entry of Judgment by Default upon the following, by depositing the same in the United States mail, First Class, postage prepaid, in Carlisle, Pennsylvania. Antonio Guerriero and Viek4 Forbes 180 Chamberlin Road Shippensburg, PA 17257 " ;'00 te 4Y., Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - REPLEVIN : CIVIL TERM : NO. 2011-7196 NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: Antonio Guerriero and Viei6 P. Forbes- 180 Chamberlin Road Shippensburg, PA 17257 PURSUANT TO PA. R.C.P. 236, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL DOUGLAS C. LOVELACE, JR., ESQUIRE, AT (717) 385-1866. Date: November 7, 2011 Date: Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff FILED-OFFICE OF THE PROTHONOTARY 2811 Nov 10 PM 2*- 24 CUMBERLAD COUNTY DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - REPLEVIN CIVIL TERM NO. 2011-7196 PRAECIPE TO REINSTATE COMPLAINT Please reinstate the Complaint in the above captioned case originally filed on September 16, 2011. Date: November 10, 2011 Respectfully submitted, Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff C'?v ?o9s 2-#a6-7 l9.3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 00111%, of 4u111b"1444 lJ?= J NF PR }tTH C'q t) T'4 P ±r 2011 NOV I8 AM IQ: SS CUMBERLAND COUNTY PENNSYLVANIA OFFICE -,<F -G [a P Daystar Homes, LLC vs. Case Number . Antonio Guerriero (et al.) 2011-7196 SHERIFF'S RETURN OF SERVICE 11/14/2011 07:51 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 14, 2011 at 1951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vicki Diane Forbes, by making known unto herself personally, at 180 Chamberlin Road, 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. DEN FRY, DEPUJ) SHERIFF COST: $48.44 November 15, 2011 SO ANSWERS, ( '?" 'x 2: 2 1411?1 RONWY- R ANDERSON, SHERIFF (c) GountySuite Sherif. Teleosoft. Inc DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION -REPLEVIN CIVIL TERM NO. 2011-7196 c M CO :MM XM MCI c; PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: yt Pia t:J 01 C-? tV C? c? C, -? r Please enter judgment of default in favor of Plaintiff Daystar Homes, Inc. and against Defendant Vicki D. Forbes, for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served the Complaint on November 14, 2011, and Defendant's answer was due to be filed by December 5, 2011. Attached as Exhibit "A" is a copy of the Cumberland County Sheriffs Return of Service. Attached as Exhibit "B" is a copy of Plaintiff's written notice of intention to file a praecipe for entry of default judgment, which I certify was mailed by regular mail to the Defendant at her last known address on December 6, 2011, which is at least 10 days prior to the filing of this Praecipe.. Defendant is not represented by counsel. Damages are to be assessed at trial. r 41 - Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff 'k /1/ °O Pd Ap?( e #//0° PP,? 68,a9 X /„ k,., zoel/?ecl EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?Q,a,t" at Ei<u??r???j?b Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF THE SHERIFF Daystar Homes, LLC vs. Antonio Guerriero (et al.) Case Number 2011-7196 SHERIFF'S RETURN OF SERVICE 11/14/2011 07:51 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 14, 2011 at 1951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Vicki Diane Forbes, by making known unto herself personally, at 180 Chamberlin Road, 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. SHERIFF COST: $48.44 November 15, 2011 ..r DEN FRY, DEPUrJ SO ANSWERS, RON R ANDERSON, SHERIFF {c) Count,Suite Shertt, TefeosoR. Inc. DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants To: Vicki D. Forbes 180 Chamberlin Road Shippensburg, PA 17257 Date of Notice: December 6, 2011 IN THE COURT.OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -REPLEVIN CIVIL TERM NO. 11-7196 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 '1Z Ow- Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION -REPLEVIN CIVIL TERM NO. 2011-7196 CERTIFICATE OF SERVICE I Douglas C. Lovelace, Jr., Esquire, hereby certify that on December 20, 2011, I served a true and correct copy of the foregoing Plaintiffs Praecipe for Entry of Judgment by Default upon the following, by depositing the same in the United States mail, First Class, postage prepaid, in Carlisle, Pennsylvania. Vicki D. Forbes 180 Chamberlin Road Shippensburg, PA 17257 46tv, t arf #0 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -REPLEVIN CIVIL TERM : NO. 2011-7196 NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: Vicki D. Forbes 180 Chamberlin Road Shippensburg, PA 17257 PURSUANT TO PA. R.C.P. 236, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT BY DEFAULT HAS BEEN ENTERED AGAINST YOU IN THE ABOVE PROCEEDING. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL DOUGLAS C. LOVELACE, JR., ESQUIRE, AT (717) 385-1866. a1w e, e*" ? 00 Date: December 20, 2011 Date: 2 O / Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff _ T7r Uri PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ?X for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DAYSTAR HOMES, LLC vs. ANTONIO GUERRIERO and VICKI D. FORBES vs. (Plaintiff) (Defendant) FILED-OFFICE [IF THE POT1t NOTApY 2011 DEC 27 AM 11: 56 CUMBERLAND COUNTY PENNSYLVANIA (check one) ? Civil Action - Law ? Appeal from arbitration 0 Replevin, damages only (other) The trial list will be called on and Trials commence on Pretrial$ will be held on (Briefs afire due S days before pretrials No. 2011-7196 Indicate the attorney who will try case for the party who files this praecipe: Douglas C. Lovelace, Jr., Esquire Indicate trial counsel for other parties if known: Unknown. Defendants are believed to be unrepresented This case is ready for trial. Signed: Civil Term Print Name: Douglas C. Lovelace, Jr., Esquire Date: December 27, 2011 Attorney for: Plaintiff _ _T1 _ DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -REPLEVIN : CIVIL TERM : NO. 2011-7196 CERTIFICATE OF SERVICE I Douglas C. Lovelace, Jr., Esquire, hereby certify that on December 27, 2011, I served a true and correct copy of the foregoing Plaintiffs Praecipe for Listing Case for Trial upon the following, by depositing the same in the United States mail, First Class, postage prepaid, in Carlisle, Pennsylvania. Antonio Guerriero and Vicki D. Forbes 180 Chamberlin Road Shippensburg, PA 17257 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff THE PROTH O {t' R , 2012 JAN -9 AM l f : 31 CUMBERLAND COUNTY PENNSYLVANIA DAYSTAR HOMES, LLC Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -REPLEVIN CIVIL TERM NO. 2011-7196 PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary: Kindly issue writ of possession in the above matter. aw (. ?? • Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Date: January 9, 2012 Attorney for Plaintiff (04 atm? ", Pd . A 'fl y 4E* 1103 00 10 , ov J , 0a ' DAYSTAR HOMES, LLC : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : CIVIL ACTION -REPLEVIN ANTONIO GUERRIERO and CIVIL TERM VICKI D. FORBES, Individually, Jointly and Severally NO. 2011-7196 Defendants WRIT OF POSSESSION Commonwealth of Pennsylvania ) County of Cumberland ) To the Sheriff of Cumberland County: 1. To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Richard Mull of Daystar Homes, LLC, 628 Glenwood Drive, Ephrata, PA 17522: A 1999 Skyline Mobile Home, serial number 8V 100666LAAB, situate on a private lot at 180 Chamberlin Road, Shippensburg, Cumberland County, Pennsylvania 17257. Seal of the Court Date ate,,,, , 9. ao?? DAVID D. BUUEELL DAYSTAR HOMES, LLC, Plaintiff V. ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally Defendants IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2011-7196 CIVIL TERM IN RE: PRAECIPE FOR LISTING CASE FOR TRIAL ORDER OF COURT AND NOW, this 24th day of January, 2012, upon receipt of Plaintiff's Praecipe For Listing Case For Trial, a pretrial conference in the above matter is scheduled for Wednesday, March 14, 2012, at 11:00 a.m., before the Honorable Thomas A. Placey, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with Cumberland County Rule of Procedure Number 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Monday, March 19, 2012, 9:30 a.m., in Courtroom Number 6, Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: Douglas C. Lovelace, Jr., Esq. 36 Donegal Drive Carlisle, PA 17013 For Plaintiff C: 3 zl K- f 4 i= V'>? Thom s Pla ey C.P.J. tV ya,r + , > C--; -0 1 Antonio Guerriero 180 Chamberlin Road Shippensburg, PA 17257 Defendant Vicki D. Forbes 180 Chamberlin Road Shippensburg, PA 17257 Defendant )e?zz i DAYSTAR HOMES, LLC, Plaintiff v ANTONIO GUERRIERO and VICKI D. FORBES, Individually, Jointly and Severally, Defendants CIVIL ACTION - REPLEVIN NO. 2011-7196 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT A pretrial conference was held in the jury deliberation room of Courtroom 6 on March 14th, 2012. Present on behalf of Plaintiff was Douglas C. Lovelace, Jr., Esquire. Vicki D. Forbes was present on her own behalf. No counsel has entered an appearance on either Defendants' behalves. Mr. Antonio Guerriero was not present and no excuse was given for his absence. This is an action arising out of the alleged breach and default of an installment sales contract for a mobile home. Defendants have not responded to the complaint nor denied any allegations of default. Plaintiff has repossessed the mobile home based on the contract There is no issue of liability in this case, a judgment of default has been entered against Defendants in favor of Plaintiff on November 7, 2011. The remaining issue in this case is on the extent of damages, money that may be owed to Plaintiff. There are two requests for money in this case. The first is on the installment sales contract in the sum of $28,088.23, which represents the unpaid principal, accrued interest, and payment penalties. The second is in the form of costs incurred following and due to Defendants, default in the amount of $21,100.41. These damages are allegedly owed to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT Plaintiff due to Defendants' breach of the agreement. This will be a nonjury trial scheduled on March 19, 2012. Neither party present has indicated any scheduling concerns. Trial is to commence at 9:30 a.m. in Courtroom 6. The trial duration is estimated to be one-half day. There does not appear to be any pending motions in the case. It is unknown what settlement negotiations will take place as this is the first opportunity that Plaintiff's counsel has had to discuss the matter directly with either Defendant or a counsel for Defendant. By the C tl Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 For Plaintiff V1 Vicki D. Forbes 91 East Creek Road Newburg, PA 17240 Antonio Guerriero rnco 3 r*n 91 East Creek Road Newburg, PA 17240 mae e6 A&a../s11A vac- 4c) ?1 C) c a r, ; W , c PO . .?