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HomeMy WebLinkAbout14-2241 yr Supreme Court bf Pennsylvania Court" 'f Co'mmo i��Pleas For Prothonotary Use Only: Civil `Cover :Sheet Docket No: CUMBERLAND County N -�1041 (.�lVl �GTY►1 The inJormcrNon collected on this form is used solely for court adrninistrolion purposes. T{ris_ form does not supplement or replace the filing and service caf�pleadingys or other papers cis required by low or rules ofcourt. Commencement of Action: S 0 Complaint 0 Writ of Summons ® Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T U.S. Bank N.A. Estate of June E. Frantz and Holly Di Giovoni Dollar Amount Requested: within arbitration limits I Are money damages requested? !X Yes No O (check one) [7outside arbitration limits N Is this a Class Action Suit? El Yes 0 No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: Richard C. Maider, Esq. 0 Cl here if you have no attorney (are a Self -Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional ® Buyer Plaintiff Administrative Agencies El Malicious Prosecution El Debt Collection: Credit Card El Board of Assessment Q Motor Vehicle ®x Debt Collection: Other Board of Elections Nuisance Dept. of Transportation E] Premises Liability El Statutory Appeal: Other S F7 Product Liability (does not include E Employment Dispute: mass tort) Slander/Libel/ Defamation Discrimination C F1 Other: Employment Dispute: Other E] Zoning Board T © Other: I 1] Other: O MASS TORT M Asbestos N Q Tobacco Q Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste 0 Other: 1� Ejectment Q Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation 0 Declaratory Judgment rl Ground Rent © Mandamus Landlord /Tenant Dispute ® Non - Domestic Relations Ll Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental © Partition rl Replevin ® Legal 0 Quiet Title El Other: 0 Medical © Other: Other Professional: Updated 1/1/2011 T h NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.RaCOUrts.us ! r �¢ i I� I�' 1 Richard C. Maider, Esq. (PA Id. No. 5603 1) J Deily & Glastetter, LLP CUMDE RLAiiD ; "' 8 Thurlow Terrace P ENNSYLVA NI A Albany, New York 12203 (518) 436 -0344 U.S. BANK N.A., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA -against - 14 (A90 CIVIL TERM, 2014 ESTATE OF JUNE E. FRANTZ and HOLLY DI GIOVONI, No.: Defendants. NOTICE TO DEFEND 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 of any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LOCAL HELP. 4103.75 PCJNTH a t 644 5 3 e 3o4418 }o NOTICE AVISO You have been sued in court. If you wish to defend against Le han demandado a usted en la corete. Sit usted quiere the claims set forth in the following pages, you must take defenderse de estas demandas expuestas en las paginas action within twenty (20) days after this complaint and notice siguientes, usted tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance personally or by fecha de la demanda y la notificacion. Hac falta asentar una attorney and filing in writing with the court your defenses or comparesencia escrita o en persona o con un abogado y objections to the claims set forth against you. You are entregar a la corte en forma escrita sus defensas o sus warned that if you fail to do so the case may proceed without objeciones a lasdemandas en contra de su persona. Sea you and a judgment may be entered against you by the court avisado que si usted no se defiende, la corte tomara medidas without further notice for any money claimed in the y puede continuar la demanda en contra suya sin previo aviso complaint or for any other claim or relief requested by the o notificacion. Ademas, la corte puede decidir a favor del plaintiff. You may lose money or property or other rights demandante y requiere que usted cumpla con todas las important to you. provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER LLEVE ESTA DEMANDA A UN ABOGADO AT ONCE. IF YOU DO NOT HAVE A LAWYER OR INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO CANNOT AFFORD ONE, GO TO OR TELEPHONE THE TIENE EL DINERO SUFICIENTE DE PAGAR TAL OFFICE SET FORTH BELOW TO FIND OUT WHERE SERVICIO, VAYA EN PERSONA O LLAME POR YOU CAN GET LEGAL HELP. TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA EVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. Lawyer Referral Service: Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Richard C. Maider, Esq. (Pa. Id. 5 603 1) Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 Telephone No.: (518) 436 -0344 U.S. BANK N.A., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA -against - ESTATE OF JUNE E. FRANTZ and HOLLY DI TERM, 2014 GIOVONI, No. Defendants. COMPLAINT Plaintiff, U.S. Bank N.A., by its counsel, Deily & Glastetter, LLP, complains against the Defendants as follows: PARTIES 1. Plaintiff, U.S. Bank N.A. (hereinafter "Plaintiff'), is a foreign corporation, duly organized, chartered and existing under the laws of the State of Minnesota, with a place of business located at 200 South Sixth Street, Minneapolis, Minnesota 55402. 2. Defendant, Estate of June E. Frantz (hereinafter "Estate "), is named herein as a party as June E. Frantz is deceased. 3. Upon information and belief, Defendant, Holly Di Giovoni, is an individual who resides at 167 Big Spring Terrace, Newville, Pennsylvania 17241. COUNT REPLEVIN CLAIM 4. Plaintiff incorporates the allegations of the preceding paragraphs of the Complaint as if fully restated herein. 5. On November 12, 2010, the Decedent June E. Frantz, entered into a Notice and Security Agreement (hereinafter "Note ") with Plaintiff U.S. Bank N.A. for the purchase of a 2000 Fleetwood Suncrest (V.I.N. PAFLY22AB47664SC13) (hereinafter "Collateral "). True and accurate copies of the Note and Security Agreement are annexed hereto as Exhibit " A " and made part hereof. 6. Pursuant to the terms of the Note, Defendant agreed to make two hundred forty -one (241) consecutive monthly payments in the amount of Three Hundred Nineteen and 61/100 ($319.61) Dollars each, beginning December 12, 2010, until the final installment has been paid. 7. During the funding process the interest start date was changed to November 22, 2010, the first payment due date was changed to December 22, 2010 and the maturity date was changed to November 22, 2030. A true and accurate copy of the letter outlining the referenced changes is annexed hereto as Exhibit "B" and made part hereof. 8. Pursuant to the terms and conditions of the Note, Plaintiff was granted a purchase money security interest in the Collateral. 9. Plaintiff perfected its security interest in the Collateral. A true and accurate copy of the Pennsylvania Certificate of Title indicating Plaintiff s lien is annexed hereto as Exhibit "C" and made part hereof. 10. Decedent June E. Frantz and /or the Estate have failed to make timely payments to Plaintiff and are in material default under the terms of the Note. 11. Despite numerous demands by Plaintiff, Decedent June E. Frantz and/or the Estate have failed and/or refused to pay the obligations due and owing to Plaintiff under the Note. 12. Prior to the commencement of the instant action in accordance with Pennsylvania law, Plaintiff issued to Decedent June E. Frantz and /or the Estate a Notice of Default and Right to Cure Default dated January 23, 2013. A true and accurate copy of the Notice of Default and Right to Cure Default is annexed hereto as Exhibit "D" and made part hereof. 13. As a result of Decedent June E. Frantz and/or the Estate's default under the Note, Plaintiff declared the entire unpaid balance of the Note to be immediately due and payable. A - t true and accurate copy of the Notice of Default sent to Decedent June E. Frantz and /or the Estate is attached hereto as Exhibit "E" and made part hereof. 14. Upon information and belief, Defendant Holly Di Giovoni is in possession of and using the Collateral for her own purposes. 15. Prior to the commencement of this action, Plaintiff duly demanded immediate possession of the Collateral from Defendant Holly Di Giovoni. A true and accurate copy of the Demand for Surrender of Collateral is annexed hereto as Exhibit "F" and made part hereof. 16. Pursuant to the Note, Plaintiff is authorized to enter upon the premises of Defendant to take possession of the Collateral in the event of default. 17. Plaintiff has demanded that Defendants surrender possession of the Collateral. 18. Defendants have failed and /or refused to surrender possession of the Collateral and continue to use the Collateral without paying Plaintiff, causing diminution in the value of Plaintiff's Collateral. 19. Based upon the NADA Guidebook, the estimated value for the 2000 Fleetwood Suncrest is Twenty -Eight Thousand Two Hundred Fifty -Three and 84/100 ($28,253.84) Dollars. 20. The Collateral is believed to be located at 167 Big Spring Terrace, Newville, Pennsylvania 17241. 2 1. Pursuant to the Contract and Pa.R.C.P. 1071 et seg., upon a hearing on this matter, Plaintiff is entitled to immediate possession of the Collateral. WHEREFORE, Plaintiff, U.S. Bank N.A., demands judgment against Defendants, jointly and severally, awarding Plaintiff immediate possession of the Collateral. Respectfully submitted Dated: Albany, New York DEILY & GLASTETTER, LLP April �, 2014 Richard C. Maider, Esq. (Pa. Id. 87242) Attorneys for Plaintiff Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 Tel: (518) 436 -0344 Fax: (518) 436 -8273 Email: rmaider @deilylawfirm.com VERIFICATION Denise Rivera, subject to the penalties of 18 Pa C.S. §4904, relating to unsworn falsification to authorities, hereby affirms that she is and Officer for Plaintiff, U.S. Bank N.A., in this action, that she is authorized to make this Verification on Plaintiff's behalf, and that the facts set forth in the foregoing pleading are true and correct to the best of her personal knowledge, r information and belief Denise Rivera, Officer Sworn to before me this day of April, 2014 JESSICAA. RIVERA NOTARY PUBLIC - MINNESOTA Not y P lic- tate of Minnesota �� My Commission Expires Jan. 31 2018 State of Minnesota County of Hennepin � � �h� ��� Nov. 12. 20t0 5 ;52PM JS BANK No. 0125 P, 2 Borrower Is 1 ame(s) and Addresses: Mxr& My interest rate as of the dove dates 4111 equal the JUNE I, FRANTZ loft Ram in elfeet days before Wo interest rate 730 ALLE RD chsngedate pies a mWia of CARLISLE, PA 17015 , the total rotaMoa up to (ho next Wth % (0.125 %) Otdess due ir*101 xatb cap (next) Ibtnits duo amount of attt'ge to the interest rate. Property Address. Irate CAps: My iutereat rate cannot inccaato or decrease by 167 BIG SPRING TER more titan _ % _ NEYAOILLE,PA 17241 oasrdJA'teres( late a0modateorbym rethmi ° over the term of this Nose. 'Leader's Name and Address: Sawtute Index: if ids Index Rat. is no longer available, You U.S. Bank N. A. eon choose a new b de, that is based on comparabto 1850 Osborn Ave Oshkosh, WI 54902 Varbrbla Rate Paymatt Changes: 'Suitt the Lust payniark dine after an inmlett rate change date (usually a mood)) my mmWbly poymm amlrntot will be sdjusted (aasutnmg (hero is a rate Date 11!72110 -- change) to amorcixe the debt• truer the sdluoduled m m to M I'( 1. IIORROWER'S PROMISE TO PAY PYxatl Rek Covtverttlota Option: if I am not in defaul+, 1 may "J," "me" and " ury" means each IlorruWer who a lgna iris Nom, and cornea ,spy veriable interest rate to it fixed simple interest (are each otbor person or legal entity who agrrts In pay it, sucl) as a for the rernainder of the axes) of this Note at may We bcou ft grtarantor. "Wail and " your" mean the lender, who is 7U.S. Banat � years and omling years from Cato are 190orW �aelatloa, I promise to pry to you, or Jonr order, the prineipal sum of of this Nom. I must W" you writttal ,notice of Iry 43tw o to $ 34,696.97 plus interest sad Omar Charges as make Ibis eettver 100 and pay a non - refundable fixed mte detaetibcd below, I will matt pagmeals lowtird this debt as provided conversion tee nfa below is the formm of cash, check, money order or clectrnnio payment lbe rate I will coAvost to will be me fixed rate ymi are then in U.S. dollars. I vadw amd t of yam miry transfer ft Note. offaw (of the dap you recdve my sys (MA Conversion mug and the non - refundable converaioa fee) on trawwAions having ?. nnspiqX Invest wilt aeertte an the d bakttxcs of vl temainht toe acme parametetce as sty Original tunnsacli0n. (U'.S. Hank Invest g Mo mfocMmd. Hattsittg i?iveut:e r9te sheet is whett this from dme to lime at o bor fie fixed or v9rift rate as provided information will be callected. You will tell me due Yato I can below. btterest will begin to acctroe on 11!12110 convent to Vhen I ask.) The rate you will offer under this At dint time the simple iaaterrst rate, will 60 9.250 !b canverdan. rule wllf. sot be subject to the Ilndtatious an ritte per year. 'ibis rate will remain in effort until 1 1/12/30 Itereases or 4wreasm Chat Apply WHO the usluMe rate 1st to clyect. 11 Variable (Adjustable Rat+ei: Beginning If and when I make this camvenion. my payments will be idjttstod to provide for a payatctu stream will prodmc substantially equal monthly MYments, at the Conversion rate to and lire Originally scheduled tnatUriW dare of (Ms Note. 3. AI)UMON'AL FJNANCE CIIA}tfays I agree to pay famine charges (in addition to interest) totaling moveaRer (Ito iruerest fart on des loan will cltaoge pose are the S 2,319.00 ' trttetesr taco change dates') sad will then be the sum of the Of these Charges: Ltdex rate, desonUd below, and Ute 1KMMk described below 0 S teas paid at or before Clash),. Tile d 2,319,Of) seas mt paid aM is inehidert i6 else 17te Index RAW will dererrobte dot nterat rase far mss loan is lee n as; primipsi amount shown abm tilt average of imerbanlr offered rates for One year V's. i understand these eddidonal finance charges are fully sauce!, and if dollar denominated deposits In the London market based on I per] fhlt: Mw ist lldl, will nut be refunded, the quotation of tnaj[u Wks lea wA as lire Landon 4. )1At:T ACT NOTICI3(Sf itrterbm* Of1cred Rat. (X,MM. as published is the 'Atone Rates" section of The %Wft Street You may report thhnnadon about M account to OrAdit hurt". Journal. ]Late payments, messed payments, of other deflmlts an my The htdex Rate that will be used for this toast ttdli be the LMOR aecaant tray be rdleded to my (Wit report, rM in effect for this Joan days WWII each of the Q If Cbcckcd: Twms provided reflect stn afusgv(ent to the interest rate change dates. Tie LMM rare in ,mart is )uwal amual percentage rate available for ih16 product. determined from the LIBOR voluo pubfislted on the Rest Thor adlusgmant reflects a higher rate of Interest or fhAnce binims day of a esimdar m-ffi, for Axe record business duty charge due to inhImmmtlnn contained la to eamumer cradle of a Cateadar moral, u(Wi the seocmd lousiness dU of the Wert report. Yen obtained thk report (rater, stud I may obtado a CAi endar m etxlr. (Yon use this !telex value in advaaco Of the free coltyotitbycontactin0t rate change data because you need to give me advance notice Of my payment, wbieft will chmcif the rate changes.) Bum mple: Let vs assutae am Jtmo I and 2 are busiatu days, and that July 1 is wao a buslaava day. The LIBOR RATE ptmiNied m June I will be med for all loans whose Interest rate chtmge dates occur f" five (4$) days shat Jmae 2 )hang!) 45 days after July 1. Emlol p 0=4 &. CMW, MW US eww., .enalWUfadHorns Mtn. FarmugMAISM" 3184006 J� Nov. 12. 2010 5:53PM US BAU Nt7, 0105 f• 3 5. PUSS 113ATLV1`l Y VMS= If I intend to tttalae a prepayment, it is my duty to earl YOU I at+t dolog Aft InMrily ltlo unpaid balartcc of 1 of tits Note will sa Any Dent designated by me as a pxepayrpelt will fuss reduce eonFitate to cent interest. at th same rate It maturity. or, . If ony accrued interest, arty debuquent principal payments, and any Fees rate as applkd n atom, until this Note poid n Istldah.nitlg ate i a m to be OqMd Wore T116 Want: of ft outawAft o mipol batatice designated prepayment, 6. PAYMEMfS S. LW CITARGES (A) Time and Place of Paymenlsl I sgtee 60 PAY this Note as N a law which applies to dtis loan arid VhM sat ffihafiM Ml 1 m AM follows: Charges, is fealty Imerpreled so that the intetast Or otttcr lofts L I4fouthlyt In 240 mm" t?aYmcrus begiTtre charges agreed to, eolleoYed or to be collected in connection with this 12112110 and an tite same day loan exceed the pemolited limlp. !Bees' of each month otafther, of $ 319.61 each, and a anal 01 any such I= ebarge chisel be Seduced ny doe anrtntnt gaymew of 3 63 . due '11112 fteressaty to reduce the chance to the pem - ittod tihror and dill r to YOU ARE NOT MUM= TO IZLf WANCE TV, (i0 art snn(s a tt WE e loo ts ttoret nee xalricb a xge vlcd FINAL PAYL(+1LtNl', pern>Rated HHya wil rtfuttded M. If this is a var (adjAlstable) rate Wore, flit M=14 amenbaa You may choose to mab8o dfbtd by redooing the principal T we tdta stion win ra80 If and wbeu Tu :ate dionpxs, t oer this Note or by making A direct pa IT to W. It a refund hown In two section principal, the tttdat'aleM will be treated as a 1A4 as provided in as guen 2 (Variable &Ate Payment Chattttaa) led prgraym nt. Wray ante eimnge if I elect to CORTert to a fisted rate Mixed Aare Conver+don opthm). 9. IF I FAIL TO PAY AS R ❑ IlI_w•cetdy! In bi.•weeldy payineutx (mq 14 days) It die originot seliedute of paMnants Is every 14 days (bl weeloy), !cc beginning and ady 14 days doe section above thticd Bi -WeeW Paytme'al Dethult. The foltwing thereafter, do rtes amount of S tacb, attd n final sections apply It, all dotes providing for mondtly payntonta, and 0 Mment of $ - due notes that ptomded For lni•wwXV paymsm if tae we is tonvated to 131 -Weekly Payawat Ilelhi)(q € will be in defauh If any tt3 mffiy payments as provided above, tL.jMckly payment is Mt paid In full on or belbrc its due dato. (A) Dellllilt: I will be in default if 1tn the event of such default, > poprment schedule Will changes G7 I fail to Daft a sdteduted payment in toll who It A due, or (e�atwat) to moat �p pspamtnit. tMcdva as of the fast day {bilowing my (ii) I fibil to keep any 0rka promise I have made or a uu Crotty bi1-woddy pgmenr (ft ea voushM represenlogm ! hdve made and your prospect of paymwr dAo terborinance of ra ilmlon On espy co0tuotai Is signifrcautiy You will rccateulam my pxymaw as of the conversion date, rompait+ d based on doe ralamt rate, my priveipol balance as of that date, .(6b Due all Saba: You may, of your option, declare Me entre and a revised date to provide fat substantially equa balance of IN$ I to to be baruetdmidy due And parpnbie Dumbly paymen�y HMI111Y payttterus will begin 30 days »pa the ercalioa of a eonadet for the creartmat of a Mfer alter the coatverslon date, and an the soma day of each' month or sal of d10 tttqtlty searing tits Nose, 7ihts na right is thcre kr OrAih the crow %Mdty date, W stow Irtatttrily date subject to the 101rladons intpoted by federal lave Ad will be detemuned by calculating Ere number of wbol4 01 021113 regulations (13 C.F.R. 991), tat applicable. rcmelntng in the , riginel (biweekly) schedule Of payments as of the conversion date, and adding &we number of Moths 10 the (B) Late Cbartle lbr OVe rfte Afonlhty Payuaeuts: R you have AN eomWasioa date rnandbl7 payment watt be more than the tbtoived the full Want of gg alouft payment by Ike end of sum of dtc cwo bi 15.00 tatendaar dop after doe data it is dare, I WiR pay M Appllcatlon Of ti aymentsh You will Vyly each payment I make a lace c t 1 to Ike a amw of the charge will be fast la aeomcd lute", and ONO to pduupai. Ymt AVIR credit m y°n payments when you actu ioccive &=: Me payxaoofs V3 a% of the po than of the recplred payment not [Wade hncrease site amoAutt o f interest I will have to pay and the amount of IM firAl payment. and will Imur a lace Char$e; early payauMtn and pre paymentts wW reduce the httemc I will have to pay and my final pagatcMtGs). . (C) Place of Paymeats: I will a* my payments to you at (Oj %hamored p'hyatttat Ckargc: If a gueek, draft or cleetra de U.S. flank N.A. payment on (No Note is dl( cared by my fiMWIA instltuti00, I P.O. Box 790179, 5t. Louis, MO 63179 - 0179 will pay you a diskoteoredpayment charge of S 25.00 _ I wilt pay tbi! isle Charge promptly but only once eta nick Iate paymaht. Y'ou may change tbfo place of payment aft reasonable notice. (D) Acceleration, Gtilte and Ilai'uostatemart: 1T 120 in default, you 7, I CAN PRBi'AY have all the rigbts provided by law to Collett doe amount I "we I gala P*poy gill [tote in whole or hi part at any Ihne with= you. 7b= two de. htclu for example. Subject W state law. And penalty. App "Mal prepayment will not 07mme er reduce duty rite type of collateral secuing this loan: xlmduledpaymetu haul (iris Moto It paid in full, A. to Make the entire tnhpald balance of principal he in Per vari941e rate ttansatxions, my papmot onmunts are "schnedul(W atfvanocof amsa didedhedate(aactloo(c): cads following year bomeen 45 trod 75 days (sppv dmately) before b. to tbrecimean pmpeMsecurftthis It=; my imo at rate change date. Wbitek 11 a month behm rr(y new a to set off the auttamt owing agaivat deposit atxonms I may paymea amount is due. If t make a partial Prepayment efkt you have With M schedule my moddy payment for the next year, and before the new d. if property aecttx 9 this loan is not splliclent to pay nao rata Islas effect, or your 41"retior, such rps mtent may sat affect data, &M la collect the 40fielency from me when pettmtted nay psymeut antmmas urak the next tbllowmg year (o AO!; this We by taw, is pall in foil, of course). Your*bts will be wb)eet to wbAC high($ I may have under low For example: Assume that my Taro is variable and can change on to curt a defaah, reinswo die seltcdote of payments. and to get leery t of eaca year. My Fate wnt be determined by the index value as aotiee of any such 1C W. (NOMO Brae IF intemdod to of the ptavlous May 1. If I make n partial prtpayovail ltt4stotal May t big resetht or diminish the tights I may have by law. Tito lave 1.2005 arid A-qy 1. of 2005, that p�p�y�+cat will not begin to of * of the state where We property is located will generally control my payment: amounts will August L, of 2006. these lsanm. ) 4 2DnM1 aeokero ereame. one. St, Cte.ad, A4N tIGaM, tMenutetturoO ^ IVOt••Pernalist }tl!R7•CJt71t 3l8htga6 J� Nov. 12, 2 1) 1 0 `:54'M US BANK Ito. 0185 P. 4 (I;) No witimrr By Vim If I dcWt an this ie m but you do not is a smrantor, surety or endorsor of this Note is also obligated to do exercise an your rights at ftc date, yon will still barn rho rfglit these dung. Any person who tales over dot obligations, lncluding to do so if 1 Am in defaull at A Ww limo, the obligations of o guarantor, antety of endorser of ibis Note, is also (b) Payment or Witt Costs Lind menses: If you requbte the to otiugpted to ktep all of the yom aises made in this Note. You may pay fmmediosely in full (taceleration) ss described above, you enforce your rights under tbk Note against each person individually Will have the rion to be paid back by me for all of ywz eosin or a$aimc all of its together. This means that any and of Ida may be and exporhsas III aatarcing IWO Nola and m dizlttg on mty regtittwtl t0 pap all of the am11o11dts oweQ ttQder t>vs Note. paopezV seaurirhg it a cite a�satf WE prvltiinted by applicable law. 1 2. WATVM In the event of my bankmptcy, thcec coats will hheludo your I and sty other person who Im oblWor under fills Note waive rte reasonable attorney's fees for an attorney who is not your dgbft Of PF49MIMMU NW Wee of dishonor. 'PresemaAOtttnt' means; salaried employee in &e baukruptey pmaeedhW. the right to tetluirc YOU to dtatsnd payrmtcat of amounts is due. "Nodcc These costs and wTemes wiU include (pad ant be limited to) of dishonor° means the right 10 require you to 04 wice to other Y= reasonable ttkaramy'a fees roc m) anowey who is not your pwsorut char atnotmta due bum not been paid, salaried emplorm. its provided below NO Iimitatlaru and x3 � "Y AM I1NSlII7ANt� enoegotrs as listed), and as farther limited by scam MW dependlag on the method of eolleeft or malitlatiota on say (A) This nale is secured by a wetrity Iniorast in it rmnrifaamtred propefty securing this Noce. Item. In ArI7 as. California, Idaho, NTnots, Keuttteky, Marplaad, 0) Iiasmue. I avee to buy At Imutmee 0oversp on the Massachusetts, meldgaa, mnaasota, Aftissipgi, Montaba, PfOSM Wurid8 ". Naito a0mt the risks and for the Neradn, New Jersey, New Roden, New York, Ocean, arnowats ymI require. I will tlamne you as Tors payoc ce any =h Pennsylvania, Rhode Ltlanll, go ill Dakota, Tennessee, policy. If fl= is an insured less, you may rcgtrire added Ttt>ma, U14 Vermont, VirgWa, Washinghm and Wym*g any oa this brat► if you same that Imoonco pmcWs may these casts will include your reasonable attorney's fees. bo usmtd to t 1pair Of replace die Fsoperly In Aximpaas dwo Coals VIII include your rMotlade atbntey I agree dtst if the inturatroe proceeds do not covtr due sasbums I fees not to invoad 10% o Ilia 1Rm unt of pri ncipm aw at.mcd still owe you. I will pay die dMitnae. Interest. I will buy ft ittsutranet From a firm awlodzod to do business In In Calof'arlo, s(athw, Adaine, North Chroliba, Oklahoma and the APMrIAM state, The firm will be nMably aceeptoblo to South Cmvlina these casts will include yout reasomltte 4w• I WM ixep the losti m mltwl the debts sacsred by this attorney's fees not to exceed 154 at me unpaid debt toy asmcmcm arc paid, colleetionatberdefault. (0 CullnUral Protection 7mmr aw. Unless I provide you with iii i7elosmtre these costs will i rJude reasonabla attorney's fees evidence of the Ins mrmcc eovoruga required by my agtreement after default, smut ousts, alternative dispute tesolmlon costs, wid' you you nmy purchase insurance at my expense to prow and oftter collection costa, helu tiag fear and charges of your irtamrotta is my **oral. This iwurance may, but aced caltedlonagwucies. M. protect my interests. The coverage that you parewse may in Florida th m costs include your r'mzis mNe attorney's tees of not pay wy clabn that is make or any claim, that iaa made 1lgaintr In percent (10 %) of Me priw pal sum dire on this note or such tae it Corunectioa with the aollatuaL I may later cancel any Ial W anmount as may be reasonable and just. umllw t u r d have yiried but onlyance a providing you o h TA (330M let tltwe costs include adormy s lets of 15 peretag of e viden ce eat. If ve Olt n i nce for the col I wlll be cite principal and intraesr then owed. 1 waive tea renounce any � >� p exemption I m q be awided Co under Georgia lawn as to stay responaiWe far die costs of that imtsnrtmoe, inrdtt4ittg iruerrstt at ptoperry &at soon= Ibis debt. I assign any such exttmpdon to the rate(s) on this Note, 40 any oilier charges you nxq Impose U. its sot mdoo saheb the ofift ar>alt of tit¢ i,nsutanu, until the n lrtellana these coats will incl+de ymt toasanaDle attorney's off five date of ft cancellation of expftadaa of The irau=e. fees; and lain, ttry colloa ka efforts, I waive any relief 1 might be The cam Ot Qtr taints o mwy be added to my wol outstatading entitled to f om evabadon and ttAnaiatdtear. balance or obiigadom Tate costs of the knumanco may be more Its iovra, Ne- braska, Natth Dakota, Ohio, New Aampohtre, two The cost of Instimm you may lie aw al obmain on your ad West Ylrgws chase onsta Win not include sw mey's fets, own. l agree that the set of such Imorance will be due In I.01414wo time costs iaclmade your reasomble attornoy's immediately. Itcs not to -exceed 25% of the u"d debt after dew mad I4. MIStt I.T,ANiEOUS referral to an atmnuy For collodion, Io Conoatot mt, M%ourl and Alabama these costs will inekide your reasonable attorncy's fees of the amount titre and payabdo under this Note if It Its nommory to bring snit of 15%. This Note is a ' "transferable record" as in Tares Ibesn oasts vrill include your reasonable anoraey's fee defined in applicable law relating to ifassessedbyacart. deett niic tralnSactitow. Wherefore, the bolder 10. OWNG o1 M oirt(% of this Note may, on behalf of the maker of Wien applicable low requires a different method, emiy notice 0tat this Note, Create a microfiirll or o ptical dusk must be given to me under this Note will to given by dolhveriog it or Or Othelf F l'o)LtiC iilalitae 0 flt)is Note theft l.9 by oaf ing h by first days nmil m ens at rite krtoperV ,Addles above an authoritative coy as det'ittred iu sueb law. or of a ffer different address if I hive You a nomrce of my different The holder of tids Note . may scare tim address. autho copy of sueb N o te in its Any fiotice tlist I roof give to you untla fits Not* will be given by electronic form and then siro the p aper deliytAng It or by moiling it by btrsF class mail. 0D you at 110 address em Y F P stared err s too 6(0 above or at a different address If 1 am given a original as part of the holder's normal notice of that dif eront address business practices. The holder, on its oven behalf, may =f"l and toansfer ouch 11. to rtOM of PzRWM ul+tnallt. Ties NOTE autltnrlta#" copy as pe rmitted by s uch law. IP emote foam cane ptnaon signs tills Note, each person is silly and persoMHr obligated to keep all of the pmfascs Made In this ante. Including the promise inn pay the tbU amount owed. Arty persma who F+�aq M &aiwa S4sftns, Inc., Si. Claud, MN ' US esnk MemASemred Home Able • tblat Uaa•NMeldlf% eaitlMS ' �m 17. 2010 5!54PM US BANK Yo. 41BS P. S This nodcc apphfas to Mbwari custooters spWficatty and is =Old. iQ dclstalt, that fact may become a part of year gcntrany true fbs all tusto mots: QM AGAZWENTS: Ojml agreementa or This notice is not the coutcoet that mobs ybt liable for tht cotnrnilments to logs ninny, extend credit or to debt. forbear from eirfercing repaWmient of a debt ktc fig Promises to extend or renew ' such debt on not *Cratniabraml is toot it remedy available in PUM90011101, South cntorceable. To protect you (borrower(s)) and Us Carotins or Tems. (creditor) from misunderstandiag or disoppointment, any agreements we reach coverbg such matters are To contact the Leader, U.3. Bands N.A, abm( this aeaanunt call contatued in this wrldug, Which is the Complete and 1- 0 -U5$A KS- - exclusive statement of &a agreement betwom tits, except as we may later agree)u wrldog to modflYt it, 'f'Ae t'ollowf a notice applies when the property Is located 1n TOM. This cort[taet is subio" in part to Texas law which is enforced by t: tl?t,'IlttrY'i' Drin S'!' IN TDEPOW ACCOUMS AT 11-1- the Consumer Credit Commissiotmr, 26 N. Lamar Blvd., Austin, BANK, N.A. - Texas 7871)5 -4207; (806) 538.1579: (512) 936 -7600, and can to Governing law: For purowea of this security interest, we agree eomcmd rel0* : to any Suquirlos or 00=10101s. that the law of the slate of NOO laa1oom will control as to the creation, pet;tec6m, am effect of perfection of the interest N617CE TO T= CO*1SUNMR granted In Cris porAgraph. (Technically speaking, rue are Do not sign this occutnetu before you read it or if it eontalns any aArccttg that Noah, Dftm is your imisdiction, solely for blanknioces. purposes of this security interest in deposit mernmts, as You are entitled to a copy ed the doors VA you alga. URdeF the taw provided is N.A. Srat. A 0- 9 -24.) you bays Uu right to pay off in aavmce the full att gains due and Grant: I grant to you a security Axezrst Sri any and all deposit Obtain d substantial ref xd of the credit conga, Keep this docutnoxt accounts (demand, tlnu, savings, passbook, and spWficolly to protect your legal rights. ir►ctttding but not limited m any cettiftcitted tutee ac000ats) f currently hsve or hstafter create with ym N .S. Bank, N.A„). .iDmeptlon: 11th grant dots not apply to arxbMa drat cx> 010(f IS. GDVEBNM LAW a part of any qualified rethemns plan (such as an 111diVidnal You are a nation i remit located in Ohio. The barest rate, fees and Retfrentent Accomet), my retell repurchase agreement, or arty related charges that you eau charge fur ft loan ere Tv"Mt to the account where: my omy right is *arty and solely in a laps of the state of ONO, trod fedetat law. togstdka of where this r4mrasantadve capacity. loan is matte or whets I Nye. is far other issues, the law of RV mate Securest This security interest se=as the payment of role debt or residence stud the law of the state where any Prom is located artd any other deft I may owe you, wiv or bercafher. wan apply. Usate: You have tore right to restrict or tuehiblt Ant= = The fact that arty part of this Note cafutot W erifotccd will not affect withdrawals &oM my accounts, slid to apply such funds ward ft root of this Noce. Any change so dots Note or soy ageoement payment of the secured debts. - While you akave the tight to do secuft go Nero must be in wifft and sigeed by you and me. "at any time, and wacui notice, it hi your }res inemdon to exerclse these rights only ha the event of oW d dente 1t on this or air- NA'!<'t]M any other secured obIlgatlon, said to provide nice to me. I agt2e to the terms Set out an pages 1 thou 4 of this agreetireitt, L $croft: 1 oleo acknowledge shot you start a rigbi of setoff. This seitcowledg+e that I ewe rescued, a espy of this docament as today's right of seta$t in the a vm( of a conflict with the security interest date. granted here, will be subordinate to this aw+rity interest. Aittheudcailon By U.S. Bann, N.A.: T1tis is intended as in Signature Authendcadonof this Conn] alttremmt U.S. BAW 14- A. �. WX ON SALE, Leader map at its O% ion, declare d ie entire Nafno: J E FRANTZ balance of die Sewtcd Debt to be Immodtatdy dote and payable Upon the ercauett of, or contract for die tmtion of. a tranafor of age of Sli��o The Property. This do is subject to the resttitlions imposed try federal taw (12 C.P.R. 591), is apptfcable. 1I+ TILL PRORRB. Y IS LOCATED W nORil)&i: 1111 ataie NAM documttlmtry tax due on ebb Nato has been paid eft the mortgage searing this inderxetdness. NOUCE TO COSIGNER 'You are being asked to guarantee Wit debt. Think carefulty X Won you do. If the taoaruwer doeml gay the debt, pro will Namr bave to. Be suto you caa afford to pay if qau have to, and that you want to accept This reapoosibillty. NOTICE You may have To pay up to Ibe fhll amount of the debt If the co "Y � or TM COriIS k7 t'�t)vDY� eoll borrower does ts, w te cot day, ou may also have to gay late fees or CONTRACT IB StMJECr TO AIL aAW AND ketion Whim mcrcase his amount. DR rMES yIECR T= 00T'OlR COt" ASSERT Tilt bank can Coiteei ttr;s deb, from you without fast trying to AG,ILM THE Oil I R OF GOODS OR SERVICES oacc( from tale borrower. The bank sea use bu same OBTAPW W'ITR '1R PROC8EDS DoT. collection medrods Against you 1111 cau be used against the RTCOVEAY EELVUS M BY TJW DEBTOR SULLL borrower. arch as suing you, garnisbing* your wages, etc. if NOT EXCEED AMOUM PAID AX TO 10'Ei BTOR * 0 2004 BMA eM °.v+v+WW, W., ss. sae, tMt 1B M M wwaemmd R mo Nore - Form UISMMH410X 21012009 J� .. i `. r i I r J t i ' , _ r __ �. i . � �. l i .. I � � r � � � I � 1 bank® Manufactured Housing Finance 1420 Kettner Blvd., Suite 305 San Diego, CA 92101 LM- CA -K3MH (Tel) 866 - 300 -8345 (Fax) 866 -264 -8941 November 22, 2010 June E. Frantz 167 Big Spring Ter Newville, PA 17241 RE: Account # XXXXUi Dear Ms. Frantz, U.S. Bank recently funded the loan for the purchase of your 2000 Fleetwood home from Shields Investment Properties. We appreciate the opportunity of becoming your home loan servicer and we are pleased to welcome you as a Customer to U.S. Bank. During the funding process, the following changes were made: The interest start date of 11/12/10 has been changed to 11/22/10. The first payment due date of 12/12/10 has been changed to 12/22/10. The maturity date has been changed to 11/22130. Please retain this letter with your contract for future reference, as no other action is necessary on your part. This change does not affect the loan terms and conditions of your contract. Should you have any questions regarding this matter, please contact us at the above address or telephone number. Sincerely, Loan Processing (866) 300 -8345 Please note that your first total payment (PITT) of $426.81 is due on 12/22/10. if you have not received your statement by this date, please write your account number on your check and mail your payment to: U.S. BANK Payment Processing 1850 Osborn Ave Oshkosh, WI 54902 Customer Service: 1 -800- 872 -2657 amg USB- 000001 10108 Purchase - Monthly Payment • • ���,� �,k c i i' l .7 -` -+„°�, \ , ' � 1 ., y ti r" � �--- -. -1.. '• -.-efF lw. rl?• '�-� . ".. :__..,�•�� . _,r.,..__- ..,..,:::......,,_. •... -... �.,., ., , ........_. .,..... ,.... .... - "•a „iii �k4Y� :+B.fb►3C]� "x�f11. . "t.T_�} . 4 ';5�t f,.. If . , { :' :}�FJHIGLE :ICENTIFICAtIOa NUMBER Y . ...... .. .. ._ ._,..., -. ..... . ' . _' -' '�AKE CFVEtIICLE ..r• TR'LE NUTABEA ��1i7. • CAP �IOJf�RL�TAFE'.- O ,t PR6,0. RATE ODOM- MILES ODOIA. STATUS Y Ae � T ............ ...... ,. -. .r d::i:.:... Wit'' :.. ' - DATE PA TILED DATE OF ISSUE U TITLE BRANDS �..' • _ OWMETEA STATUS .. o .ACTUAL MILEAGE . I MILEAGE EXCEEDS THE, MECHANICAL' LIMITS 1 {r 2 = NOT THE ACTUAL MILEAGE ' � } 3. NOT'THE ACTUAL MI�EAGE-ODOM� � . , : . "�' ' \' `.'! , ' :i, + 1AMPFAWO VERIFt ©''• " ; = EXEMPT FROM ODOMETER OMETER DISCLOSURE ERAL LAW v { .r.. , ? TITLE BRANDS �`•,;•, A n ANT:OUE VEHICLE G u CLASSIC VEHICLE u [K. y��I✓y�rl { 1r11 nM r(l O . COCIECTBtE VEHICLE - �i { *, @. r ••iT. �t F.OUr '- OF COUNTi{Y- B .p � �y � �� �� pp ]/, _ ^�. •. . - ta�� ' � `�� f _ D . owDINALYV;MFDO FOR Noti•tl s. N C`Y.s47 :1 L �. /•� 'L ^�+� � : �, «;gtrv, : ?E lll :Cf,'.+�•.. e;... H :AGRICULTURAL VEHICLE 1• "E, 1 9 :L iX -, TA ' : 1 T C L L = LOGGING VEHICLE r P s ISHIASA POLICE VEHICLE - = - S < STREET ROD - • T s RECOVERED THEFT VEHICLE .. _ V- VEHICLE CONTAINS REISSUED VIN -� W . FLOCO VEHICLE ; 1 :$E•CpN6 L1EfPF X • ISAVAS A TAXI t #�)IS3:Li�M1ffAVORQ( =s: - A'/OB OF: � BANK `N A - if a aeodihtl Ilanthoidor Is listed upon aeffsiaco n of the first ife.,; the im { , ;y ;: RenfM4kf`.musl forvmrd this Title to the Bureau of Motor Vehicles with the' F UEP{.RELEISEO apprcpneta form erd lee. _ DATE }T BV SECOND LIEN RELEASED • f. ;: - I • AUTHORIZED REPRESENTATIVE _ DATE M/JUNpApORESSt: • AUTHORIZED REPRESENTATIVE U BANK N A r # : 1.8513 OSBORN AVE J "0 BOX 3427 s 4SHiCOSH WI 54903 Pennsylvania DEPARTMENT OF TRANSPORTATION h . i :.a )3 • A cePtY, as of the data d Issue, the official records of the No BARRY J. SCHOCH, P. E ,Depanment • I - 3f:r?ftoif pCr[$Non_ raflect that the persons) or company named herein 18 the 4VApl- ovujer or the acid V•Ndii: Secretary oF.Transpartaslon APPLICATI 1 11EN INFORMATIO — T — her co. UTd'taeer other than your spouse is flow and you want the title to, t sU63CR16EbAND'9woRN be Iisledas'JIfntTenants With Right of Survivorship' (On.death of one T .� �O.FFQR..1E: i : 'YEAA owner, title goes to surviving owner) CHECK HERE ❑. Q1ttelWlstTt IhB: the will be issued as 'Tenants In Common . ( death oil one oWnef, (metJ19{ 0 de @eased owned goes to hlWher heirs or es(ate), �'�'� A• II - IF NO LIEN, CHECK❑ IS THIS AN ELT9 (IF M. FIN REQUIRED). YE3 iJO " 13T tJENHOLDER FINANCIAL INSTITUTION NUMBER: ••'__• ..19:ECIENHOLDF_R NAME fjTREET I STATE ZIP 1 LIEM, CHECK ❑ IS THIS AN ELT? (IF YES, FIN REQUIRED) YES ❑ NO ❑ N 1}i b.%.WW eW .0..PpImf- W CMR t. al ea 1. am 1006.d.ie d „ 'eLw,G.�A,l.d m,tlN .dsv dW .h., HW da4na W Wh lwr.. .t; 2N0 LIENHOLDER FINANCIAL INSTITUTION NUMBER: W y i t :: . 2ND. LIENHOLDER:NAME i� S(VIATVRE OF APPLICANT OP AUh10R121G SIGNER _ r � � &REcT 1 l E STATE ZIP SIGNAIVRE OF COAPPLICAHT,TmLE OF AD?HD?17EO fif EM CITY i J • • �� �-� e � � i bank. • • PO Box 5227 Cincinnati, OH 45201 January 23, 2013 VIA CERTIFIED MAIURETURN RECEIPT" REQUESTED RECEIPT NO. 70681300000019124938 AND FIRST CLASS, U.S. MAIL i June Frantz 167 Big Spring Ter Newville, PA 17241 NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT RE: Manufactured Home Loan Account Number: Retail Installment Contract Dated: 11/22/2010 Original Loan Amount: $34,896.91 Description of Manufactured Home: 00 FLEETWOOD SUNCREST SN: PAFLY22AB47664SC 13 i Dear June Frantz: I You are now in default on this credit transaction. You have a right to correct this default within thirty (30) days from the post- marked date of this notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of. failure to pay the 12/5/2012 through 1/5/2013 monthly installment payments (including late charges and negative escrow balance). CURE OF DEFAULT: Within thirty (30) days from the postmarked date of this notice, you may cure your default by paying $948.71. CREDITOR'S RIGHTS: If you do not correct your default in the time allowed, we may exercise our rights against you i under the law by repossessing the manufactured home. If you have any questions, write U.S. Bank at the above address or call U.S. Bank Retail Collections at between the hours of 8:00 AM and 9:00 PM, Monday through Friday. i i 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. i Sincerely, LOSS PREVENTION TEAM U.S. Bank Retail Collections i i RC511 usbank.com • • ��h��� k . i Z 1 Richard T T chard C. Maider, Partner L {� Deily & Gl astetter, LP 1 Admitted in NY, PA and MA ! 8 Thurlow Terrace, Albany, New York 12203 .� ttl,�rnevs at Law P: (5i 43 - 0344 1 F: (5 436 - 8273 rmaider@ deilylawfirm.com I I February 20, 2014 PERSONAL AND CONFIDENTIAL Estate of June E. Frantz 167 Big Spring Terrace Newville, Pennsylvania 17241 i Re: Note and Security Agreement Dated: November 12, 2010 Account No.: XXXXXXXXd Our File No.: R- STEWART.14.00284 NOTICE OF DEFAULT i Dear Sir or Madam: By virtue of your failure to make payments when due under the terms and provisions of the above - referenced Note and Security Agreement (the "Note ") for the purchase of a 2000 Fleetwood Suncrest (V.I.N. PAFLY22AB47664SC13) (the "Mobile Home "), our client, U.S. Bank N.A., hereby elects to declare the Note in default and demands that you either surrender the Mobile Home or pay in full the balance due under the Note. j i PLEASE BE ADVISED THAT THIS IS AN EFFORT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Demand to Surrender Mobile Home Under the terms of the Note, due to your default, U.S. Bank N.A. is entitled to the immediate possession of the Mobile Home. Therefore, you are hereby requested to immediately surrender the Mobile Home to U.S. Bank N.A. Please call the undersigned toll free at (866) 387 -4924 to make the necessary arrangements for you to surrender the Mobile Home to U.S. Bank N.A. Option to Pay for the Mobile Home If you wish to keep the Mobile Home instead of surrendering it, you must pay U.S. Bank N.A. the total amount due on the Note. As of �. February 12, 2014, the total amount due was $35,088.88. Because of interest, late charges and other charges that may vary from day to day, the amount due on the day you pay may be greater if you pay after February 12, 2014. Therefore, you must call us on the date you send payment for an updated payoff amount by calling the undersigned toll free at (866) 387 -4924. Notice continued on Page 2 L www.deilyla%N firtn.coni i i i i Any payment must be in the form of cash, money order or certified check, payable to Deily & Glastetter, LLP as attorneys for U.S. Bank N.A. and sent or delivered to our office at 8 I Thurlow Terrace, Albany, New York 12203. Your payment will be deemed to have been made on the date it is mailed to us via first class U.S. mail (as shown by the postmark) or the date it is delivered to an overnight delivery service i (such as UPS or Federal Express) for next -day delivery to us, or, the date it is personally ! delivered to our offices, if you pay in person. Please call the undersigned for instruction toll free at (866) 387 -4924 if you wish to pay by wire transfer or if you wish to send your payment by some means other than as described above. i Your Rights — Please Read Federal law gives you thirty (30) days after you receive this letter to dispute the validity of the debt or any part of it. If you do not dispute it within that period, we will assume that it is valid. If you do dispute it by notifying us in writing to that effect, we will, as required by the law, obtain and mail to you proof of the debt. And if, within the same period, you request in writin , the name and address of your original creditor, if the original creditor is different from the current creditor, we will furnish you with that information too. The law does not require us to wait until the end of the thirty (30) day period before suing you to collect this debt or recover the Mobile Home. If, however, you request proof of the debt or the name and address of the original creditor in writing within the thirty (30) day period that begins with your receipt of this letter, the law requires us to suspend our efforts (through litigation or otherwise) to collect the debt or recover the Mobile Home from the date we receive your written request until we mail the requested information to you. Very truly yours, i DEILY & GLASTE TER, LLP 4 Jk , I { Richard C. Maider � • ���1� ��� r r Richard C. Maider, Partner Defly & Gl LLB Admitted in Nl ; PA and MA t 8 Thurlow Terrace, Albany, New York 12203 Attorneys at L aw �aw i P: (518) 436 - 0344 I F: (518) 436 rmaider@deilylawfirm.com February 20, 2014 PERSONAL AND CONFIDENTIAL Holly Di Giovani 167 Big Spring Terrace Newville, Pennsylvania 17241 Re: 2000 Fleetwood Suncrest/VJ.N. PAFLY22AB47664SC13 Our File No.: R- STEWART.14.00284 DEMAND FOR SURRENDER OF COLLATERAL i Dear Ms. Di Giovani: This firm represents U.S. Bank N.A. U.S. Bank N.A. has a lien on the above - referenced Mobile Home. A copy of the title to the Mobile Home showing U.S. Bank N.A.'s lien is enclosed. U.S. Bank N.A. has told us that you have the Mobile Home in your possession. Under the terms of the applicable contract, U.S. Bank N,A. is entitled to possession of the Mobile Home. Therefore, this letter is a formal demand that you immediately surrender the Mobile Home to U.S. Bank N.A. Please contact our office immediately to make arrangements to surrender the Mobile Home. This is an effort to collect a debt and this firm is a debt collector, Any information obtained will be used for that purpose. Very truly yours, E I DEILY & GLAST ETTER, LLP Richard C. Maider Enclosure RCM/mah w ww.deilylaw li r ni.conl �. �R7�IC� OF T77''QR'A VFi"� , ;'!q'ti.�' Y•+ l 'f.,, l ..... -� ...vi .,-�tF w. µ �. .i . �....r•�'.'r t Milr r tl,7'y J. l� x • �.F4t�F 1 J i'lL1l t7�LtQr 7'. A ?!dll Y' 4 ?'�x4.�f I CU� ' I FLtM 7 WS�013 s �F711cl " A6AT ENTi •, .. -. YAf[ . -. f'�ANE OFVBNICLE ...., YR'IE NUTABFA . etl'� � T � ,::,( t /fl8 /�,�, E•X£IfiP�' 4_ SEAT CAP � pR�pff,JITLGSTA7E '�,' OfcOHI PRt�O pA7E � "ODOM. MILES I ODOIA. STATUS DATE PA TITLED DATE OF ISSVE • � UNLADEN WEIGHT • QyWR � • OCWR 1 TITLE BRANDS i - O TU DOMETER STAS 0 - ACTUAL MREACE . 1 a U0.EAGE EXCEEDS THE OFCHIINICAL' • j LIMITS 2 NOT THE ACTUAL MILEAGE �• �"- n'A U:, :1 : NOT THE ACTUAL MILFAGE-0DOMc�PjT'. 1 7.0 :'�..:: •': ": s �} .'I. •� .. TAMPERING VERIFIED t OMETER' DISCLOSURE ! I ' t1 ERAL LAW 4- EXEMPT FROM ODOMETER DISCLOSURE 1 �P1�0MEI7ED OWNERS a r+ `�- - 1f ,.Z;` ''." TILE AN { )'- '� li ur' .\�,!� A . ANTIOUE VEHICLE !•y�y,1(:..�� rill.:.: .. , CO rNr ' C v CUS9'C '/EIE _ 1 '��7,J�' ti 1`•'k1:.A "" "^'{ �� . {�! D. ItLIECTIBLI %[u �_pRdYG__T.Eft vOUTOFCOUNTAY. .-, F •,,, `n i j. / '' .7"' 1 `'1 F O - OWOINAtL -MI 691 FOR NONL.9. Nc lktiv - ic� l c -, �'PA 172141 N . AGRICULTURAL VF]/ICLE L . LOOOINO VEHICLE r r,; P e LSHIAS A pOUCE VEHICLE R - RECONSTRUCTED S . srREET ROD • "" :'': - T. RECOVERED THEFT VEHICLE V • VEHICLE CONTAINS REISSUED VIN W : FLOCD VEHICLE , 'i(R$j' C1EA FAVOR.Q�:' �SECpNO LIEFCfAVbR OF: X v IS NAS A TAXI PY - -$:' -.BANK : N A II a Ir"Unl Oenholdor Is fisted tenon saoslazlbn of the tirsl Ilan; the firtt { Ilenh0flcr'must toward thle Ttle to the Bwaau of Motor Vehicles with the EIl UEN RELEASED . nppr.,pllete form and it loo. DATE SECOND LIEN RELEASED AUTHORIZED REPRESENTATIVE - DATE M/JLINO ADORE SS' < d• :r. EY ! • AUTHORIZED REPRESENTATIVE U� BANK N A ' 18511 OSBORN AVE -0 BOX 3427 OSHKOSH WI 54903 • Pennsylvania DEPARTMENT OF TRANSPORTATION i - ( I • T ceRlly, as of Oro data of ]saw. the official rewida of t POmeyNana. Oeparfinenl BARRY J. SCHOCH, P. E. N1(Ya'Nlp:i(gHCn :felled that the person m s) Company named herein 19 the e 'own•r of Me "gild veWda: ' - - i J ,; Serrefary oP.Transportation To BE COMPUEIIEO BY HICLE IS.pOUD AND THE MPLICATI FOU TITMANDIIEN INFORMA710 ` "� ' I II a co. Vrchaser other than your spouse le listed and you want the title to 9UbSCR(BEb i(NA'SWOFN .I To FFOR fAE; be listed es 'Joint Tenants With Right DI SurvlvDlshlp' (On.dealh of one I L: -� 4•- .' AA owner, IIN0 goes to survNing owner) CHECK HERE d. Ottletwl9 fi th9'atle will De Issued as 'Tenants In Common' (On death of one owner, turetm §I of •t ; q M1 >, deceas owner oos to hlvher heirs or estate). ' + P' e r - IF NO LIEN, CHECK❑ IS THIS AN ELT9 (IF YES, FIN REQUIRED) YES ❑' IST uCNHOLDER FINANCIAL INSTITUTION NUMBER: - �� r � 1!11p1ENHOLDER . NAME STRie .. ' _ � I STATE ZIP 1 I' C IF' N'O LI N, CHECK Q IS THIS AN ELT? (IF YES, FIN REQUIRED) YES ❑ NO ❑ N :the LWYyaN'r•roa/ +n14Le appfwl�r. Nr CeMMtle 1 1H. to dN Tahklf telcrTNa - '. F aiWVA:ab1,r1 1o,nr en�anWe.xv era V.her k W c:etrne �H IorV, sore. 2NOLIENHOLOER FINANCIAL INSTITUTION NUh1BER' ' W i D,LIENHOLOER:NAME _ L� 8n IANRE OF APPLICANT OR AUMPIZEU SIGNER ^^F�w §TREcT I 1 ' ) 1 F"' SAILATVPE OF COaPPLX J.WirTITLE OF AU?NOPIYED 6IM'ER: ': ) CITY STATE ZIP In Richard C. Maider, Esq. (Pa. Id. 5603 1) Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 Telephone No.: (518) 436 -0344 U.S. BANK N.A., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA - against- ESTATE OF JUNE E. FRANTZ and HOLLY DI TERM, 2014 GIOVONI, No. Defendants. STATE OF MINNESOTA ) ss.. COUNTY OF HENNEPIN ) AFFIDAVIT OF DENISE A. RIVERA 1, Denise A. Rivera, being duly sworn under oath, state as follows: 1. I am over the age of 18 and competent to testify as to the matters contained herein. 2. I make this affidavit based upon my personal knowledge. 3. I understand that the use of a military status affidavit, knowing if to be false, may lead to a fine or imprisonment for not more than one year, or both. See Servicemember's Civil Relief Action, 50 App. U.S.C. § 521(b)(3). 4. Defendant June E. Frantz is not in the Military Service, as that term is defined by 50 App. U.S.C. § 511(2). Defendant's name and social security number was entered into the Department of Defense Manpower Data Center ( "DMDC ") database and the results from the search indicate that Defendant is not in the Military Service. Attached hereto as Exhibit 1 are the results of the search and the papers reflecting Defendant's military status. 5. There is insufficient information to determine if Defendant Holly Di Giovanni is in the Military Service, as that term is defined by 50 p. U.S.C. § 51M., Dated: Q r Denise A. Rivera Subscribed and sworn to before me on A Not b is JESSICAA. RIVERA ? NOTARY PUBLIC - MINNESOTA My commission Expires Jan. 31, 2018 Department of Defense Manpower Data Center Results as of: Apr -03. 201 ^12:19:44 PM SCRA 3.0 statm Report ' Fursaumt. Ito Servicemembers Civil Relief Act, Last Name: FRANTZ First Name: J Middle Name: Active Duty Status As Of: Apr -03 -2014 On Active Duty On Active Duty Status Date - Active Duty Start Date Active Duty End Date Status - Service Component NA NA � - No i NA This response reflects the individuals' active duty status based on the Active Du Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service component NA - <NA - - "• NO I + NA i This response reflects where the individual left active duty 'status within 367 days precedin the Active Duty Status Date i The Member or His/Her Unit Was Notified of a Future Catl-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component - - NA NA `:No NA This response reflects whether the individual or.histher unit 11m received early notification to report for active du 1 1 , Al Upon searching the data banks of the Department of Defense Manpower Data Center; - on- the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his /her unit receiving notification of future orders to report for Active Duty. - Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 EXHIBIT � n_ The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: Z821 B33AF04ET50 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,LED-iO iC� THE PROTHONOTAR'Y. 2014 HAY -7 km ff- 10 CUMBERLAND COUNTY OFFICE OFTPENNSYLVANIA kE CF+ERIFF US Bank NA vs. Case Number Estate of June E. Frantz (et al.) 2014-2241 SHERIFF'S RETURN OF SERVICE 05/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Estate of June E. Frantz, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 168 Big Spring Terrace, West Pennsboro, Newville, PA 17241 and per the Newville Postmaster mail is still delivered. 05/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Holly Di Giovoni, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 168 Big Spring Terrace, West Pennsboro, Newville, PA 17241. This address is located at a mobile home park and there is not mobile home on lot 168 and per the Newville Postmaster mail is still delivered. SHERIFF COST: $67.56 SO ANSWERS, May 01, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONZ ANDERSON, SHERIFF Richard C. Maider, Esq. P.A. Id. No. 56031 Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 U.S. BANK N.A., -against- t PL; I • GUPDERLAND C©UNF. PESt Plaintiff, ESTATE OF JUNE E. FRANTZ and HOLLY DI GIOVONI, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 14-2241 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Plaintiff U.S. Bank N.A., hereby requests the Complaint against Defendants Estate of June E. Frantz and Holly Di Giovoni be reinstated. Dated: Albany, New York May ) 72014 By: Respectfully submitted DEILY & GLASTETTER, LLP Richard C. Maider, Esq. P.A. Id. No. 56031 Deily & Glastetter, LLP Attorneys for Plaintiff 8 Thurlow Terrace Albany, New York 12203 Tel: (518) 436-0344 Fax: (518) 436-8273 Email: rmaider@deilylawfirm.com Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY • ZQTIt0INO 1. a �rtLr��r1d JUN -t Pit 3: 15 vPEY NNSLVA COUNTY OFFICE CFTHE VERIFr US Bank NA vs. Estate of June E. Frantz (et al.) Case Number 2014-2241 SHERIFF'S RETURN OF SERVICE 05/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Holly Di Giovoni, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 168 Big Spring Terrace, West Pennsboro, Newville, PA 17241. This address is located at a mobile home park and there is not mobile home on lot 168 and per the Newville Postmaster mail is still delivered. 05/01/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Estate of June E. Frantz, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 168 Big Spring Terrace, West Pennsboro, Newville, PA 17241 and per the Newville Postmaster mail is still delivered. 05/23/2014 06:04 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Holly Di Giovoni, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 167 Big Spring Terrace, West Pennsboro, Newville, PA 17241. Residence is vacant and deputies were advised by the defendants neighbor that the defendant is now in a nursing home in Camp Hill and suffers from Alzheimer's. 05/27/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Estate of June E. Frantz, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 167 Big Spring Terrace, West Pennsboro, Newville, PA 17241. Residence is vacant. SHERIFF COST: $67.56 SO ANSWERS, May 27, 2014 (c) CountySuile Sheriff, Teleosoft, Inc. RONNYR ANDERSON, SHERIFF Richard C. Maider, Esq. Identification No.: 56031 Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 U.S. BANK N.A., -against- o � PE i a St111)t rijOLU, s� j ,9 Attorney for Plaintiff Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ESTATE OF JUNE E. FRANTZ and HOLLY DI No.: 14-2241 Civil Term GIOVONI, Defendants. PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Plaintiff, U.S. Bank N.A., hereby discontinues and ends its cause of action against Defendants, Estate of June E. Frantz and Holly Di Giovoni, without prejudice. Dated: Albany, New York June /f„ , 2014 By: Respectfully submitted DEILY & GLASTETTER, LLP Richard C. Maider, Esq. (Pa. Id. 56031) Attorneys for Plaintiff Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 Tel: (518) 436-0344 Fax: (518) 436-8273 Email: rmaider@deilylawfirm.com