Loading...
HomeMy WebLinkAbout14-4798 Supreme Cou o '11,Pennsylvania cour, % Ko7Tllno leas For Prothonotary Use Only: CIIvICb�er S11 heet Docket No: ?1 IkE_11 ND County The in1brmalion collected on this forrn is used solely-for court administration purposes. This form does not supplement or replace[he filing and service orpleadings or other papers cis required by 1a141 or riles olcourt. Commencement of Action: S Complaint [I Writ of Summons Petition E Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T U.S. Bank N.A. Honey C. Punt and Joan L. Ewing I Are money damages requested? 0 Yes D No Dollar Amount Requested: Elwithin arbitration limits (check one) E]outside arbitration limits N Is this a Class Action Suit? E]Yes [E No Is this an MDJAppeal? Yes 'X. No A Name of Plaintiff/Appellant's Attorney: Richard C. Maider, Esq. 0 Cheek 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 © Intentional El Buyer Plaintiff Administrative Agencies © Malicious Prosecution Debt Collection:Credit Card Board of Assessment 0 Motor Vehicle ®x Debt Collection:Other .Board of Elections 0 Nuisance Dept.of Transportation Premises Liability Statutory Appeal:Other S Product Liability(does not include E mass tort) � Employment Dispute: © Slander/Libel/Defamation Discrimination C Other: Q Employment Dispute:Other El Zoning Board T 0 Other: I F1 Other: O MASS TORT f7 Asbestos N p Tobacco [:] Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Other: � Ejectment F] Common Law/Statutory Arbitration B rl Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent [] Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure:Commercial El Quo Warranto Dental Partition Replevin © Legal E] Quiet Title Other: ® Medical Other: Q Other Professional: Updated 1/112011 , �fa vyaP c Richard C. Maider, Esq. (PA Id. No. 5603 1) Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 �LVA�vI 'f rY (518) 436-0344 U.S. BANK N.A., COURT OF COMMON PLEAS -against- Plaintiff, CUMBERLAND COUNTY, PA 14- 8HONEY C. PUNT and JOAN L. EWING, TERM, 2014 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. �J --T 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. 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- HONEY C. PUNT and JOAN L. EWING, TERM, 2014 Defendants. No.: 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 EP-MN-L23R, 200 South Sixth Street, Minneapolis, Minnesota 55402. 2. Upon information and belief, Defendant, Honey C. Punt (hereinafter "Defendant Punt") is an individual who resides at 245 Meals Drive, Carlisle, Pennsylvania 17015. 3. Upon information and belief, Defendant, Joan L. Ewing is an individual who resides at 245 Meals Drive, Carlisle, Pennsylvania 17015. COUNT REPLEVIN CLAIM 4. Plaintiff incorporates the allegations of the preceding paragraphs of the Complaint as if fully restated herein. 5. On June 10, 2010, the Defendant Punt, entered into a Manufactured Home Retail Installment Contract (hereinafter "Contract") with Meals Mobile Home Sales, Inc. (hereinafter "Dealer") for the purchase of a 2010 Skyline Sunwood F596CTQ (V.I.N. 31110129ZAB). A true and accurate copy of the Contract is annexed hereto as Exhibit "A" and made part hereof. 6. Pursuant to the terms of the Contract, Defendant Punt agreed to make three hundred (3 00) consecutive monthly payments in the amount of Five Hundred Ninety-Four and 77/100 ($594.77) Dollars each, beginning July 10, 2010, until the final installment has been paid. 7. During the funding process, the interest start date was changed to June 25, 2010, the first payment due date was changed to August 1, 2010, the maturity date was changed to July 1, 2035 and the model of the Collateral was changed to 2010 Skyline Sunwood F59CTQ (hereinafter "Collateral"). 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 Contract, the Dealer was granted a purchase money security interest in the Collateral. 9. The Contract, pursuant to its terms, was duly assigned by the Dealer to Plaintiff for good and valuable consideration. 10. Following the Assignment, 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. 11. Defendant Punt has failed to make timely payments to Plaintiff and is in material default under the terms of the Contract. 12. Despite numerous demands by Plaintiff, Defendant Punt has failed and/or refused to pay the obligations due and owing to Plaintiff under the Contract. 13. Prior to the commencement of the instant action in accordance with Pennsylvania law, Plaintiff issued to Defendant Punt a Notice of Default and Right to Cure Default and Intention to Take Action dated March 5, 2014 A true and accurate copy of the Notice of Default and Right to Cure Default and Intention to Take Action is annexed hereto as Exhibit "D" and made part hereof. 14. As a result of Defendant Punt's default under the Contract, Plaintiff declared the entire unpaid balance of the Contract to be immediately due and payable. 15. Upon information and belief, Defendant Punt and/or Defendant Joan L. Ewing are in possession of and using the Collateral. 16. Prior to the commencement of this action, Plaintiff duly demanded immediate possession of the Collateral from Defendants. True and accurate copies of the demand letters forwarded to Defendant are annexed hereto as Exhibit"E" and made part hereof. 17. Pursuant to the Contract, Plaintiff is authorized to enter upon the premises of Defendants to take possession of the Collateral in the event of default. 18. Plaintiff has demanded that Defendants surrender possession of the Collateral. 19. Defendants have failed and/or refused to surrender possession of the Collateral. 20. Upon information and belief, Defendants continue to use the Collateral without paying Plaintiff, causing diminution in the value of Plaintiff's Collateral. 21. Based upon the NADA Guidebook, the estimated value for the 2010 Skyline Sunwood F59CTQ is Eighty-Eight Thousand Seven Hundred Twenty-Five and 72/100 ($88,725.72) Dollars. 22. The Collateral is believed to be located at 245 Meals Drive, Carlisle, Pennsylvania 17015. 23. Pursuant to the Contract and Pa.R.C.P. 1071 et sem., 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, Honey C. Punt and Joan L. Ewing,jointly and severally, awarding Plaintiff immediate possession of the Collateral. Respectfully submitted Dated: Albany,New York DEILY & GLASTETTER, LLP August�, 2014 J By: Richard C. Maider, Esq. (Pa. Id. 5603 1) 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 Jon P. Olson, subject to the penalties of 18 Pa C.S. §4904, relating to unsworn falsification to authorities, hereby affirms that he is the Officer for Plaintiff, U.S. Bank N.A., in this action, that he 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 his personal knowledge, information and belief Jon .0Olson, Officer Sworn to before me this 01 day of July, 2014 No ary Public-State of Minnesota State of Minnesota County of Hennepin 6 ea ERICA J McGRUDER . NOTARY PUBLIC•MINNESOTA � W Commission Expires Jan.31,2010 Seller Buyer WNUFAM HOME MEALS MOBILE HOME.SALES, INC. HONEY C PUNT RITAIL INSTALLMENT CONTRACT 130o RITNER HWY 245 MEALS DR pSYLVANIA CAR[&LE, PA 17013 CARLISLE, PA 17015 No, Date 08/10/10 "You"and"your"mean each Buyer above, "We"and"us"mean the Seller above, and guarantor,separately and together. its successors and assigns. 20I01161826502 . pR0MISE TO PAY: You promise to pay us the principal amount You agree to purchase from us the manufacwred home /10/14 SALE; 9 described below, together with the related se�rfurnishings.edof$70,932_ pias interest from appliances and accessories listed below (toga on the unpaid balances of pone,pat remaining from time to time at "Manufactured Home").Your purchase of the Manufactured Home cath�, $.990.QA per year,This rate will remain is subject to the terns of this ContraM "Contract" means this 06110/35 document and any separate document that secures this Contract, in effect until Year VARIABLE (ADJUSTABLE) RATE: Your interest rate may Manufacturer Model Name&Number O r first payment is due and SUNWOOQ F696CTO 2414 change_��months after you P y your ueOninterest SKYLI Color months thereafter. These are y 5eial Number Length Width ® New every-- 31114129ZPiB 76 2$ NIA ❑ USed rate"change dates." Your interest rate will then be tied to' Services,furnishings,appliances,and accessories include: the average of interbank offered rates far U.S. dollar ❑ Tres and Wheels ❑ Axles 0 Refrigerator denominated deposits in the London market based on the ❑ Oven/Range quotation of major banks known as the Lordon Interbank ❑ Washer ❑ Dryer Offered Rate(UBOR). ® A1C Unit(s) as pubiished in the "Money Section of The Wall Street on first journal, We will use the index valueptub�W cone the ass C7 Ski ❑ Awning(s) w rting business day of each month,beginning of She next 0 Accessory Shed da of each month, until the second business day ❑ Servioes datemonth. This index value all be used for thYau notice of yorest rate ur dates that occur later, Co give us time to give rate and payment amount ❑ Other Your interest rate as of your change dates will equal the index rate in effect ,days before the interest rate change Location of Manufactured Home after delivery to Buyer (rounded to the PA 17015 date plus a margin of )unless the interest 245 MEALS DR CARLISLE, rate caps(below)limit the amount of change In the interest rate. Your interest rate cannot increase or decrea$e by more than Description of Trade-in: %at any interest rate change or by more than QA over the term of the Contract. If this index rate is no longer available, we can choose a new Index that is based on comparable information. ❑ BUYER pR0TECn0Nj5ERVICE PLAN: With your Purchase Variable RM Payment Changes: As of each interest rate change of the ManufacturedHome, you have elected to purchase the date your monthly payment will be adjusted l to amordze substantially debt r protection or service plan(°Plan"): over the then scheduled Germ to maturity qual following optional buye p periodic payments. The Plan covers and will be in Fixed Rate Co Wersian OPWS: If ou are not in default. you may convert your variable interest effect See the P12n documents for details. y rate to a fixed simple interest rate for the remainder of the term of time be innin ���years and ending SECURITY: You give us a security interest in the Manufactured this Contract at any 8 g Hama (as defined above)_ Unless prohibited by law, YW also give years from the data of this Contract.You must give us a security Interest in all present end future accessions se the --� d Home. Accessions vii!! not include "household our assignee, U.S.Bark NA,written notice of your desire o make Manufacture this conversion,pay a non-refundable$ goods" as defined in the FTC Credit Pra soh hoUsehold oods• it receives X144. it we do not finance the purcha� g faxed rete conversion fee, and the rate you will rorrvert to w+11 be If you do not meet your Contract obligations, you may lose your the fixed tate U.S. Sank is then offering (-r the day house, and the real estate described in any mortgage or deed of your written conversion request and non-refundable fixed rates transactions having the Same parameters as trust (if any). conversion fee) on rtgage or deed your original transaction. (UBank Manufactured Housing ❑ This Corot Is also secured by a separate mo on real estate. Finance rate sheet is where this information will be collected.) of trust dated tract (continued on Page 3) The term"Property"means all property securing this Con r orsl P E NNSYLVANIA MAmgAC njRM i4ow RE TAJL INSTAU-MEN7 CONTRACT uF a ®1996 6�r,k SYsam9.lac.se qaw.NIN Fam USaRSVSMH.PA 7[112004 • �� atoz 'o� 'r��r �� � 'd SOIL 'ON jNNJ ?1NVfl S N Wd90 TRUTH i1N LENDING DISCLOSURES PWCE AMOUNT FINANCED OTAL 4F PA win hsTve The rotas os of your CHARGE The amount of Credit The amount you i includin PFRC�WAG£ provided to you or paid when you have made purchase dawn d�payment g The dollar amount the P on our behalf• all scheduled payments. Your 7 791.00 The cost of your credit credit will cost you. y of$ as a yearly rate. $ 178,431.00 $ 1 ' 9.342 q; $107.798-00 $70,633.00 p ent Schedule: Your a ment schedule will be When payments Are Due Number of Payments Amount ants Moly beginning 07110!10 and on the same day of each month therea 300 694.77 $ewrity: You are givingor a security interest in the goods P Pe rt Y being purchased. ❑ You are giving a minty interest In the real property at provided to yo earlier- feature were p y 16AO days of when it is due,you agree to pay a late ❑ Variable Rates Your credit sale contains a variable reatme n full withinc16.00 tl'� ® Late Charge: if you fail to make a scheduled p ant not made with a$5.04 maximum Month Payments On charge of $°� the man of the r aired will riot have to pay a penalty. Prepayment: if you pay off this Contract early,you of the Additional Finance Charge- 29 if you pay off this Contract early,you wi►i not be entitled to a refund of part { ASSL�liiP1TON: Someone buying your Manufactured Home cannot assume this Contract on its original terms. ant before the scheduled date,and prepayment refunds and penalties, a means an estimate Contract Provisions: You can sae the terms of this Contract for any additional information about nonpayment, breaking a terms of this Contract,any required rep yrn You May lose We property that You bought in this sats, BUYER RESTRICTIONS: if you do not meet your Contract obligations,Yo May 1 rice coverage for.bedri if, and/or Ply dame causo to othar^s is NOT i:rcludyied m Contract unless CREDIT INSURANCE: Credit fife insurance and credit disability Liability md-rcated beWw• insurance are not required to obtain credit. you will not receive 9e remium, if want such ❑ The following liability insurance's included in this coverage: credit life insurance and credit disability insurance unless You$'gn checked and and agree to pay the additional p insurance, we will obtain it for you (if you qua! for coverage)- We are quoting below ONLY the coverages You ve chosen to I'TEMILAYION OF AMOUNT FINANCED 77,907.54 purchase, Manufactured Home Price 00 ) Credit life: insured (including sales tax of$ 0 0 Single El joint Prem.$�-- Term —r Buyerp�ectionfService.Plan * $ Gr>rrdic Qisabi{itP insured �——�• Paid m: 77,907.50 Term ❑ Single L) Joint Prem. 1•Cash Price 14amR of insurance Company: went (may) the insurance Manuferturer's Rebate $ 7,791.00 Your signaWm below means you quoted,you have declined Cash Dawn Payment $ 7 791,00 coverage(s) quoted above, if none are q 2.Subtotal$ any coverages we offered, 0.00 Trade-in Allowance 0.00 dlolb Buyer dlolb Less:Amount Owing $ Buyer ( To: 0.00 � Buyer 4.Total d/o/b 3.Net Trade-in$ 7,791.04 Buyer insure rite povm Payment line 2 plus line 3) $ 70,118.3 PROPEL IKSU ICE: You are required to minimum d Balance of Cash Price Q'me mm 1 m Em 4) $ p ey securing this Contract with the following 5.unpai lan property insurance coverage: Fees Paid to others= $ 57.50 Paid to Public Officials-Feng Fees Only 0.00 Lesser of the actual rash value or amount financed Paid to Public Officials-Other than Filing Fees $ 459.00 provide the insurance through any * $ You may purchase or P table to us"It you get Insurance Premiums ) Insurance company that is reasonably acceptable s. (TO:STATE FARM the insurance from or through us you will Pay ) for 12 MONTHS of cpvcrs�ge. (To: ) The rope insurance must protect against lass and Physical {To: damage You must name us as beneficiary on the Insurance Additional Finance ChV98(s)Paid To Seiler zgg,00 . policy.We may require additional security before we allow you to Processin Eee Pro err You will Ta: $ 0.00 use insurance proceeds to repair ar replace the P y To:Uuydr�virn Points 70,932.0 pay all amounts that insurance does not cover• to name us as line 5 plus all Fees Paid to Others) $ Jif you fail to obtain or keep insurance or i`s.Subtotal( 299.00 obtain insurance to Protect our interest in the 7.Prepaid Finance Charles $ —70-.T3-3.00' benef�a we may d the cost of insurance to the amount you ine 6 minus line 7) $ Prop�Y• we will ad immediately and Amffint Financed (i oWe US•qtly amount we pay for insurance is due mm Y *We may retain or receive a portion of this amount- will earn interest at the rate charged after maturity z ors) ®7g9eae�he+sSysa .m�.Staoud.rnN PmYnUS9A5�sMn-PA7f1=04 — —�� ,',` 6A-�l0 's 'n uud9o�5 010 'Ol 'vr,r 'Ir E. Except when prohibited by law, we may sue you D.You will not try to sett or transfer any rights in the for additional amounts if the sale proceeds do not property w;thout our prior written consent. all you owe us. E.The Manufactured Home will aid in full. Unless paragraphs C. and D. Iabovei apply aihl to personal Pro rmtil this Contract Is P will not property security Interests. If thi5 Contract is secured by we give. au prior written consent, you a property mortgage u deed of trust.then the foreclosure of such allow theanufactured Home to become a part of interest ay impose other duties and limitatlorts on our rights and actions, as provided by law and the mortgage real estate or to ptllerwi5e lose its treatment as personal property under applicable law. and or deed Of trust. We may take any or all of the actions described F. You wilt pay all taxes, fees, expense above, Qui decision >7ot t° eke am! Of the actions does assessments an the proaaertY� or damage to the G_You will notify us any not mean that we have lost the right to take.any of the Property. You will provide us reasonable access to actions in the future• the property for the purpose of inspection- We will mail to your last known address any required BREAKING THE T1+RMS OF THIS CONTRACT: You notice that no�dce cis reason bre transfere or mailed property.to last one knpwn address, as reflected in our records. You agree will break the terms of this Contract (default} if any before the intended sale or of the following occurs: Ment when it due; that notice rna;led ten days Of time required by law) is A.You do not make a payrner Manufactured Homs Insured transfer (m such other peri 8.You do not keep the reasonable. When real estate is the security. other rules as provided in the section titled INSURANCE; y ur d ht to recover such C.You do not keep any of the pFramises you make in maYou pagree than subject to yo 9 and G. under the e we may take possession of personal Property sections A., 8.. C., D.. E.. N51BILfT11=5 ' ; Tor titled BUYER'S RESP left in or on the Property securing this Contract and taken TOWARDS PROPERTY. into par as provi e D Housing and urban If you break the terms of this Contract. we can If the U.S. Cie Title 1 exercise our rights to collect as provided below, Manufactured Home Property improvement and a off this entire speciFically Including but not limited to.our right w Cake Development insures this Contract under back(repossess)the Manufactured Horne. Regulations, our right to make you pay SUyERIS RIGHTS AND DUTIES: if you break the Contract is subject to the limitations Of those regulations. buy 1115UrdnCe °n the terms of this Contract. before we can use some of our against the gree and for the amounts he rights to collect a you notice of your default INSURANCE: You agree to ,�, mint send and give you the right to correct any broken terms of thi9 rreaasonabiy quire. In additiQnc such Policy, u such notice and the ,rt,_You will name us as loss payee on amt• P cy: Contract We will give required to do so, on this Contract If TO o -my to cure if and when we are req your 6,we may require added security eds to be used to p will then be explained to you- we permit arty insurance p your specific rights does not exist if you have it or replace the Property, the nts right to notice and tun= Home or other extreme repairdo not cover abandoned the Manufactured C.If the insurance proceeds ll Pay o difference.m� circumstances exist you Still Owe Us.y° D.You will keep the insurance until all debts secured pauR RIGHTS TO COLLECT:eif xe<�Ci'se any anayof ii of our by this Contract are paid. a to have us terms of this Contract,we may 1f you do not buy. maintain, and arranl� understand ri a5 provided by law, this Contract, and oily named as loss payee, as agreed above, y s�arate personal property security agreement, teat and agree used to, purchase estate mortgage, or deed of trust. Before using f right, A.We' may, but are not req we will send you any required notice and wait Y Insurance to protect our interest in the Property or require for that right. our B.The Insurance we buy may be from an agent tura period that the law may q company you might not choose- fights include the following: us,subject C The lrrsurance will not cover yoi+r equity in the A.We may require You to immediately pay us, nnci at to arty refund required by law, the entire p P property. may be substantially higher balance. plus aimed interest and all other agreed D.The premium we pay might be required Co pay for charges. than the premium you 9 to b On this � taxes, fees, expenses, assessments, the Insurance you have agreed try B.We may pay to the Property If YOU Contract. or other tions or make repairsaired to do so. have not-done so. We addece not d it the amount Each of u who signs Any amount we pay res onsible to pay it and to you owe As.This amount is due immediately. This OBLIGATIONS ydepePENDE from the date paid at the this Contract Is Independently P ac. This is amount will earn InterestPROMISE TO PAY Atha keep the other promises made in this Cordy mss) described in the true even If: PAYMENT TERms section. We may require that A.Someone else has ago Signedto celiect from anotim you establish and fund an escrow account If one is B.We release or do �► this Contract. art available who is also responsible oPadY rot try to take back not already required• make the Prof Y C.We release any security C.We may require you to to us at a place we designate that is reasonably any property, other rights we may have. convenient to you and us. p,We give Up any 11.We may immediately take back the ProP�Y by E We extend new credit or renew this Contract• lawful means. We may then sell thauProSonable WARRATIII�ES. We inrill provide any ,ryairanty may apply what wee receive to toward your obligations, as information to you separately. expenses and then a stowed by law. Ex 01996 a„ams SySnc.6s..SL C1pua.Ma Foam USBEZS'�SMN•PA 71112004 �--� c� y( 4 SQlti 'ON �HW �NdB 'S 'N Wd9Q�5 OIQ� 'Ql 'Nflr �� shown in the TRUT}i iN LENDING DISCLOSURES (continued from page 1) assumes that all payments 'Trill be made as scheduled. U.S. Bank will make such rates known to You o q n request The actual amount you will pay may be more or less rate. If de ending on your payment record,on or before your election to convert o a fixednts will he law of Pennsylvania will governthis transaction,jactlon. d and when you make this conversion,your eauai enadlc applicable federal law and be adjusted to provide for substantially q p is also governed by PP bon of state usury laws. payments at the rate in effect to the ongrnally scheduled regulations, including a Mortgage Transactions Parity Act maturity date of this debt_ The federal Ahern may also apply. an POST-MATURITY INTEREST: You agree 9acteieration� sub o the provisions!�M provision that of 0 pa.points Us C.S.A. Section interest after maturity,including maturity y 8 990 A et seq. {Chaplet 66; Decedents, Estates and Fiduciaries ® at the gixed simple rate of Code). By exercising any of our rights under this O at the same variable rate method in effect before Contract,we do so for our sole bent.ct y We do not intend to charge faaw slows interest maturity. fee that is More than the applicable If we charge or collect any amount over what the law allows. PAYMENT STREAM: You agree to make the payments we wilt apply the excess first to the principal mid this LLeenn and we wits refund any excess if you have Pa as scheduled and shown in the Truth in tial menta to disclosures, (if this is a variable rate transaction, your Contract in full, that Some pay You understand and agree Involve money Payment amounts can change if the interest rate third parties as a part of this Contract may changes,as prove above.) retained by us or paid back to us as commissions or other ® Monthly remuneration. 14 da !f any provision of this Contract is not enforceable, p Bi-Weekly(every Ys) ons to the Bi-Weekly Payment befautt. You win be in default if uch ro�,;so If we agree with you�toroany exceptions out s miles or assurances in this printed Contract, such any Biweekly payment is not paid s full f ar p agmemeet must be m venting and signed by us. before its due date- In the event of such default, pro to your payment scnedectule ive as ofethe first)day NAME AND tOCAT10N: Your name and address monthly payments, payment (the your exact legal name and your following your last timely Biweekly Indicated on page 1 are y4 �ye>niart date). a enc as rineipot residence. You will provide us with at least 30 We will recalculate your your Interest rete, your days notice prior to changing your name or prineipal conversion date, based on date. and a feed residence• principal balance as pRgpAYME1�T• YOU MAY PREPAY TF•IIS IMturity date to provide for substanL'ally equal a ents '^a•Il CONTRPT IN FALL OR ill PART A7 ANY monthly PeYIn� Your monthly Pym ,tial prepayment begin 30 days after the comrersion date, and an the TIME WI HOIJT P NALTY. Any partial until you same day of each month thereafter until the new will not excuse any later scheduled payor date. Your new maturity date vriti ay m full• maturity calculating the number of whole P You may obtain from us, or the insurance company determined by. - in the original (biweekly) months remaining named in your policy (or cerhfcremiur s insurance, a schedule of payments as of the conversion date, refund of arty unearned insurance P and adding those number of months to the conversion date. Your monthly Payment will be ADDITIONAL SECURITY, You also assign to us and a encs. give us a security interest in proceeds and premium more than the sum of the two biweekly P ym purchased a late charge if and refunds of any insurance and Service contracts LATE CHARGE: You agree to pay a.tote charge . if will with this Contract. as provided in the Truth m Lending the final scheduled BUYERS RESPONSIBiLITIV TOWARDS not charge a late charge s ment PROPERTY; By giving us a security interest, realinstallment state and there a'r'il be no late charge one Payment or deed of must in the property, you agree to that is late arising solely because of a pr mortgage.. CHARGE: You agree to the it nntm$: inagainst ® ADDITIONAL FINANCEA_You wait defend sn ins re ouewill dowhatever Claims made by Yo valid. an additional, nonrefundable finance charge of are wing in the g 299AQ that Will be ❑ paid in cash, g.The security �epest You claim re gi Pro s property comes ahead of the claim of any other ® financed. creditor. You agree to sign any additional to pay or apply to the documents or provide us with any additional DOWN PAYMENT: You agree cash, rebate it formatlon We may require to keep the priority of Gash Price, on or before today's date, any OF You will not do an Ing and net trade-in value described in the ITEMIZATIONour claim to the NOP&ty and not T FINANCED. to change our interest m the Property possession in not required to C.You will keep the property Y, ❑ ESCROW: You ❑ may, but are good condition and repair.You writ use the Propertyot must pay certain eXPer� and fees from an escrow for its intended and lawful Purposes' otherwise agreed In writing' tete Manufactured account, if an escrow account is established, it will Home will be located at the "Location of governed by a separate agreement' to Buyer" to purchase LYte Manufactured Home after delivery ',PERMS: you agree Provided in this Contract. (page3 of 6) GENS- r time. The Total Sale Price Manufactured Home ove algae fiWftM5y="t.Inc..St.Vcud,mWForm165fiR3VSMH-PA7/1i20DA �� f rI L' .ILI —f 1000 4 'd SO N jHW �NtlB 'S 'H 0 WAIVER: To the extent permitted by lata, YOUaIIS to AW1614MFNT: This Contract Is assigned to Assignee give up your rights to require us to do certain hones.You identity). U.S.$apk N.A. do not g"re Up ny r+5 provided m this 1850 Qsbom Ave Qghkosh Wl 54902 a his that are Contract (for example, see the BUYER'S RIGHTS AND DUTIES section). Unless the ta'"'or this Contract provide This assignment is made under the terms of a separate �,;�,vine are not required to: agreement made between the Setter and Assignee- (1) demand payment of amaunts due; (�1 y„�notice that amounts due have not been ped, or have not been paid in the HpPropriats amount, time,or manner;or, NOTICE: ANY HOLDER OF THIS CONSUMER (3) give notice that we intend to make, a' are CREDIT CONTRACT 1S SUBJECT TO ALL making,this Contract immediately due. CLAIMS ARID DEFENSES WHICH THE ARBITRATION: You agree with us that any dispute DEBTOR COULD ASSERT AGAINST THE concerning this sale or the credit agreement financing SEL(,ER OF GOODS 09 SERVICES OBTAINED this sale will be decided by arbitration under the pURSUANT HERETO OR WITH THE commercial arbitration rules of the American Arbitration pROCEEDS HEREOF. RECOVERY HEREUNDER Association. Arbitration involves the �h�reviewand BY TME DEBTOR SHALL NOT EXCTHE �T� resolution of the disputa by a neutral party. A.�th13uortr have the JtMate AMOUNTS PAID Cimincotiotohaveqy trial anthat ER. claim; NOTICE TO BUYER' a-you will not have the right to particigate as a representative or member of any class of claimants pertaining to airy dispute subject to arbitration; (if ba not sign this Contract in thankcopy. of the someone else has not agreed to arbitrate and You are entitled to an exams advances a claim and pursues a class action, you coactYOUsign. will not be able to join that class action if the claim (tee le rights. to protect your legal is one that must be arbitrated under this A R agreement) C.the arbitrator's decision will generally to Anal and S. binding; Jr / /O D,there is no authority for arty disputes to be (!/ arbitrated on a class action basis; (and m y not can X Date only decide our or your ®r=y NT consolidate or Join claims of other persons who 5 may have similar claims.) E. as arbplace n federal hearinj udicial that rou districtnd will take where you X Date Signature reside; ement will bind and accrue to F. this arpivation agreement aC the benefit of our assigns and successors, pate specifically including but not limited to, U.S. Bank 9 Si nature N.A. and its Maas, and your successors and assigns; Shall survive the payment G.this arbitration pro X Date of the credit agreement. Signature This Contract is >a "transferable record" .l ACKNOWLEDGE RECEIPT OF A as defined in applicably few relating to -�' electronic transat do t• itThe holder Of COPY OF THIS CONT this contract may, and that of signers, create a microf lm X or optical disk or other electronic iitnigs of this contract {and WI documents with SELLER'S SIGNATURE: this sale and its financing) that is an iv~i'�v Me,c, 15 Jt?- OM i� , authoritatirle copy as def ned in such Iaw. The Ilolde!' Rta]I Stare the Marne and Title authoritative coples in its electronic 06110110 l form and then destroy the paper umMrrsernent Date: ores a may be originals as part of the holders normal sdate is e�Title al 1thec insurance ss purposes Iraffect the business practices. imated The holder, arcual disbursMent date. and r only any business �e ari9�t own behalf, may control and transfer ,mems �. It Whey appda such authoritative copy as pemitted by form,} such law. 0.0513ea) ®1906 H.WS SYryp..IRS.,SL CwKd.MN Fain UsaRSv-% wA 7ti r d SOIti O l OZ '0l 'M '� T, Mbank. Manufactured Housin Manu 9 Finance 5787 Chesapeake Court,Suite 205 San Diego,CA 92123 LM-CASDMH (Tei)866300-8345 (Fax)866-264-8941 June 25, 2010 Honey Punt 245 Meals Dr Carlisle, PA 17015 RE:Account#XXXXXGW Dear Ms. Punt, U.S. Bank recently funded the loan for the purchase of your 2011 Skyline home from Meals Mobile Home Sales, Inc. 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 6/10/2010 has been changed to 06125110. The first payment due date of 7/10/2010 has been changed to 08101110. The maturity date has been changed to 07/01/35. The model SUNWOOD F596CTQ has been changed to F59CTQ. 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 payment of $ 594.77 is due on 08101110. 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 fmb USB-000001 10108 Purchase-Monthly Payment k1/�% • � ` • s Y i..w R..rA•. bfi. " dt­ v I - ..cam-,EHE3N N6R'•!{.R:i:;:5- I'- _ t: ,. .: y.•��c%2�.rY. .::_:� / ':AFC.�'NUM01~iC�.•. : -?: V� _ .:i^. •� '2p�ytA1RE9,r: :.;::�.�GDpMrBTA�',��~,`~ :yam ggyy {{ .�•: DATE OF I _. `. ... r� SSUE dei,dv:ft. R ...,�'• .7171 BRAN03' - 6y ._ t� IItiJI .!!t° 7t t(�1',In•: Sx i!,•r. p:'.' 't r'1:' ' Ty lirol S r.r� i} •11,..1.$"4 s'fi*'!' �, .. hl'k•Cl 1'yF vTL'," F 'Yi%ik' ,�• �'ti:• ?� ►'�.1.''r a'�.'.. iy?�tro€ `.-•Fc.•. 1. L1�* Yi.l C :!V.: �) �1a*„'•�}.1, Ja. •Iy�ISEMVT FROM '`"..I .OISCLOSU AR�Ei t' A !:. ,►i /R1•.�,,�, ` ' ��R \`ly�,�,�'••�`"��\ "R4.jSR'•1�' �y1y _ Drt:TIRInDeI�1.0 S6Y,TF �NOI,YU. csla�QQt�t�e ver!IC�"!�.,_•—- P.ISA�A'AtSgVEHICLE S. t�t. .-�.`e��"'�S--•-.4f-,.:-��_'.-;J: _ ?�� _ _ �1//" �'�.�y/fr .�/: '.$.BTC #:ROD' .'i�`�� �� - • •tF#, c. - s W:� a,i,.•� C�.i „t G:ttEC13VEElEO: P_HTGkE:;i:::'! .V e.VENfq-6 GOMTATHI,(18: SStI VWJAS R r. tla� l. `. •\.?'Xd`\ l k NIK,;s ;rFw.,i,^*i!cii�.�. ' ,.!F °''. ;':1:,•' a '�''il' i i;�j�rf3'�#`.(:tia, ,a: �a'���'aSe3l �racre'1��+ 1`nsc.�a`�+,� = :n nae RRJrY ,i. F`�' f9EGON�,ff'lis:.IiT �"'EF1'.pr., i i.T-a�:. _.,•- n. AUTMOPUED •Ib ap' g ' ITEPREBHJTATJa!E� • ! - 'it i ,$ .°j Y'r � � 5 AUTHORFR R,FrP�P,!F$ENTATIVE U - . . .�: l1 OSBORN AVE'T NOSH IdI 549 f' t>cY Y.,iw . �i! 4'� �:Ya wa�itl&y$F py�0.+"'•'i[him �F4i:� ...�T "�7� �1�{i-a, -: DEPARTMELA hJT ANSPDRTAfIdN • I cw*as of.tM_data'0 bdra.tna.a(aui•�•oMd's sa the Ia8 _... 0' ar Tranrpa7maof atfkk at(Ab pL aw(s,)'or oa Ipmed nerNe ` •s�.r� I. F :f. , ortlbceleiBficle:: �r}y a i'�]a, l'- _ `'A6 ;„„�T;'�Y of Tronepmtat ijo I.APPLICATION10 HE COMPLETED BY PURCHASER WHEN VEHICLE IS SOLD AMD THE - 1 ' TITLE AND LIEN INFORMATION- a: = } 0CLINIFUT ARE i` other than your '�e`i3;}i9tddtind •u w - su aM the title eSCR10ED AND SWORN• Y {� - x �.z. �'O � - BEF .. : t)e 5gceo* �+13TMfiTene4i?S With R101 of Siu3lvo'i'sh1P'`�hA death of One:: 'F a Qt nvl �e �.�,\ ��'-,•, C:`,.�1� rJ a,:� niUOFt�llt .ab 1A�bTtgOT� (Qd -Oneb1N11E j d t t+ar or.' ,1•- '' n.L\��`i .'.`\ � s• ' t F F N�C{, L"rb IS�'TNIS�CY�T7 DF.YFS� NE('IUIBEII..`YES�,�. lob IlkIALINSTrr�"T"ION`NC(NI?EFiS..`� -{�` ,y -`14'`?='i: 't�d:wttc[>r. ,.F GirtY-=�'S.it�]Y±`.St.�o•"?g5' I`/'i. :, - Lri - N C fir.r- ,a RAX•^.,;; - ,,;i•5 :e I 'K�:r.I IF N042 t, (IF V FIN REOLiIsr n.•Mn� .sroAur..+a enrneu. A im.tiio-lp� µµ :: L°i ` :-.�,cr•.' "mAf.•encmnurirca.na orr lgaldWes•Pt,ora.hei•, 1�`:T •K �I�jA.j:!-� NP �. '!r +,1..1$t,4::YEy!t.,. ,� .. � O O '.w.�,t•_:� e : '.:t.:k_.��.��p, .�!i�l.:.� `s�'d. ��f N.t�O� �I� �.. ! ;��: '•#i..:r :..it'�!)j�'. ri�' jlAkii `, 'ts�i a... }e_ �f'' ...NdN;cjtfCn RECEAPPUC:NTOR•'JCTICAUED G lI � 'I II,,fjji j!' .hy {'<.k"`SNii!, \ \ ."a�•. 1\4) - ... . .. - ....; .�... 1RR�'s tea- -i• '• .. ,, � r �I i .=� IG>fAiJRECFcc,votA;nR+rmrLEOFnunwplZep5i4rr��t '6T 3'. GiY'" r ..6' ' . i 1 STATE .. a / (TYPE OR PRINT)Certificate of Title must be submitted within 20 days,unless the purchaser is a registered dealer holding the vehicle for resale. > §' : _ FEDERAL AND STATE LAWS R€OUIRE THAT YOU:,G .'TE THE MILEAGE IN CONNECTION..WITH THE TRANSFLF€t3FOYifNER6HIP FJ11LL"r.' m KARN1.NG TO COMPLETE OR PROVIDING A FAL$ES1 EMENT M Y RESULT IN FINES OR IMPRISONMENT. :1 3 —" ' RetWmad•eieN muel oomektwI—.Wi AmMV77e LAST F1R17 ?:c ":-+'"`-MIDDLE.1 A. ,ASSIGNMENT OF TITLE wweawla..e anWNlb'�Te eaet9 eliF 6; ;:A ;� .. 'sacEm dme b. m e:mn " :PURCHASER OR FULL.:. r -•. } �< t!tF t>$&I'OI roy1our ImwJledge iha}410'66k%4fer reeding R "' SI >?s NAME _ m .. Tc'Nn14 .. i CO-pURt}'IASER „=;,,,r„yti�.�'ti.'Lc- '..7[InYea and RfleCle Yii3 aoWal mileage of.Na Vh)de,. STREET - _ _ d ilcked: - ADCYtE6S.. — In 0laega M Is NOT eddies ride WARNING: ra ! CITY •�"exase � Ihril}s L_f WARNING:Odometer �ency uWe ifrnt tr oendy that tfla Id-la free Bf any encuml)mnco and fiat ere mvft a is hereby PURL AS PR E J1rgbltf<emad to the pe, s)or the dealer fisted. STATE 21P OE},Ql�k - ,�.tri P to S4SCEIIs1 h ? N 77 y a m M aca imDAY CD n •^SUR E AJAIaN STEPoNG OAf -: R '+,•' "�1 �'`` N RURCHASER ANDAXi _ - k O_PURC R MUST N V fl cc CL 06SERLLER MORT Cr B. t t torm • s CD Cerny A Medge diet the odomalrr reading b LAST _ = f1R5T - -(SLE NAME nve to the t ass of myfouri he IEno11s- 'y^'• - .-^R. ._ �� m Jh�'Tgc �tiP i9FRhe rally 9 r}$,ea s 4{re ad ;• &4PURCHA ER -.- C h` _ !Fano/ STREET - v .�"^-a:. ... :, N 1p�,,amoarrtrai tniep�e - s'NOT the actual mllan „In"$trcessal'Sts me¢kaN,patllRyµ4 - ARNING:.Odoriteter dna I/WeTa Pre?Ce tHy Met ��,�t at'Ne_is lYpe e7any ancumbrailoe and that lire ow iahareby AtYORE36 tran5t•ingao ttw Partarlie"�j,di`me deeler'Irated. 'A orry - SUBSCRIBED AND:SWORN' w T, PliIhONASE PlaCI:: y� .; N TO$EF(3FtEME i.r DAV ' NATE 21P OgCINf. GO f: a e`:':•-o PERSON NG OATI4 - - r]bASERSH3 9 ..a. C CID CO,11RCN - . ..PUCD RCHASrti ANWON _ .'+. *.-' � '�'k Cr S, -!CWPURCFIASER .61 f ' tv a 1 4 w An - HANAP.RfNf NAME HEaE - ;��?a *+• u7 • t DE; completed. O WYA.oettitY•.to dee tlestgf rtryfiaur knMedge that the odRmoW reading is - - LAST a m ZRnfr�ard rodps&QVuW rrdleada Ot the � PURCHASER ORFULL W&NESS NAME d sates!one td the fel bas d dxk9� _ .CO-PURC7IASEFi .. rL }p1u,ilectr Sero Duet dh'lpllee0l!~ -it NOT the actualMO r � .....�'� ''W"excatS I'Cq pat tlprLts'. �':1KARNING Odooslar It rtrpaRCy STREET - - - N IANedyM�N'•r.ratGt� JeiNyylIe efretrat My eEr+EaEbAjlce and dtetthaaxh• bhDreby ADDRESS = _ m bankr2ilgd tofiap�)I*% deabHisted. CITY ..m,. .. #I v Sl1Co SSCRIDED AN SWORN TO SEFOI� ME � . .. :t$TATE `.. ZIP 9Er IMY Y EOF.PERSON ADMIMSTE M O d ` r- ,._t:}�`k „ •,I'l. '� W GFNSE�RR ANrk4 ., UF�I�HA23 SERf T '�•,,: t. a^,`'„\":`�*v, y`,,,,f,�b ''.,`'n�\'� m 4'. ',,• 4 M"re,�,, tiff �e,' "4+... ,.,* O N LLER ST HANDPRtN7'NAME HERE • t DEALER- be Me oerbfy,t0 the beet of myfour bwwledge fiat the odometer reading Is LAST: � FIRST TEK11 S tre195 and tq% t"actual mileage of the PURCHASER OR RJIL _ C 8NEelE$$.NAME _ uple9a.orttf gP.rhe 1•AgtNmil boxed is checfmd - C CRPURCHASER R'IglacWthtam oRmeeaga to NOT the actual lid 'm' `�t/dRjr0as9 U,la. III al Iimlta_� ❑'WARNING:OcIpmeter ey _I (`caltlfytlffi!he P4ilce Is tree 9f any arpurnl ca and Mel”. Is Ipreby 'ADDRESS r - w 1 Aio thepel3mnfsl'nt the deaW,g•16-t d. 1., N CITY tr:nr S4�8$CRIBED AND.SWORN a o �SEF0 yTATE MO" DA11 5 bF PE •I5T �rfS A •JF ~.} „Y. r>7. p C Rj EFM y �p 'MUM R rL1Mt?'WEtiE �bank- Page 1 of i U.S.Bank P.O.Box 5227 CN-OH-W15 Cincinnati OH 45201-5227 DATE:03/052014 ll�lil�111iiI�dltl�t�I��i1���Ilillil�lllrl��l�s�I�IIIII���I11It 000000019 1 SP 106481489218319 L Reference Code: 105 010114 HONEY C PUNT 245 MEALS DR CARLISLE PA 17015-3183. VIA CERTIFIED MAIL/RETURN RECEIPT REQUESTED RECEIPT N0.rj6l2&4UD Q2 0. 417-AND FIRST CLASS, U.S. MAIL NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT AND INTENTION TO TAKE ACTION Dear HONEY C PUNT: Our records show that you are in default on the consumer credit transaction identified below. Loan Account Number: Original Contract Dated: 0625/2010 Original Loan Amount: $70,932.00 Collateral Description: 11 SKYLINE F596 Current Delinquent Amount: $1,189.54 Plus Fees: $5.00 Total Delinquent Amount: $1,194.54 Date on Which We Can Exercise Our Rights: 04/192014 You are now in default on this credit transaction for failure to make payments as required by the above referenced contract. You have the right to cure this default at any time before title to the Manufactured Home is transferred,which shall be at least 45-days from the date of this notice. If you cure the default,the Security Agreement will continue as if there was no default. At any time before title to the manufactured home is transferred,which shall be at least 45 days after receipt of this.notice,you may cure your default by paying the total delinquent amount referenced above $1,194.54. If you do not cure the default within thirty(30)days of the receipt of this notice, we may exercise our rights against you by repossessing the Manufactured Home and reselling it as provided by law. We also may sue you to collect any amounts due on the Security Agreement. We may also accelerate the maturity of the installment sales contract. If we repossess the Manufactured Home we will send you a notice informing you of the repossession. That notice will advise you of what rights you may have in order to get the Manufactured Home back after we repossess it. That notice also will.advise you of our intention to resell the Manufactured Home. If in any event,we cannot resell the manufactured home until 16 days after the date on which we send you notice that the manufactured home was repossessed or 46 days after the date of this Notice of Default and Right to Cure Default and Intention to Take Action,whichever date is later. If this is your third default on the above contract in the last twelve month period,you will have no right to cure should you default on your payments again in the twelve month period. If you have questions, write or telephone promptly. Sincerely, Loss Prevention Team U.S. Bank Retail Collections 1-877-620-3710 Contact hours:8:00 a.m.-9:00 p.m.Monday-Friday,Eastern Time • • I - LLP Richard C.Maider,Partner Deily&�stett kp�+j LLP Admitted in NY,PA and MA 8 Thurlow Terrace,Albany,New York 12203 Attomeys at Law P:(5i8)436-0344 I F:(518)436-8273 rmaider@deflylawfirm.com June 10, 2014 PERSONAL AND CONFIDENTIAL Honey C. Punt 245 Meals Drive Carlisle, Pennsylvania 17015 Re:Manufactured Home Retail Installment Contract Dated: June 10, 2010 Account No.: xxxxxxxx@W Our File No.: R-USBANK.14.00649 1 i DEMAND IN REPLEVIN Dear Ms. Punt: By virtue of, among other things, your failure to make payments when due under the terms and provisions of the above-referenced contract for the purchase of a 2010 Skyline Sunwood F59CTQ (Serial No. 31110129ZAB), our client, U.S. Bank N.A., hereby elects to declare the contract in default pursuant to the terms thereof and demands possession of the subject vehicle. You are hereby requested and required to deliver possession of the referenced chattel, to wit: 2010 Skyline Sunwood F59CTQ (Serial No. 31 l 10129ZAB), which is now the property of !� U.S. Bank N.A., to U.S. Bank N.A., or its authorized agents(s), and upon your refusal to do so, the chattel aforesaid will be taken by legal process. 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, DEILY &GLAS TTER,LLP Richard C. Maider www.deilylawfirm.com /^^'++1 r T Richard C.Maider,Partner LJ� tJf S tCI'j J�rLP Admitted in NY,PA and MA f 7 8 Thurlow Terrace,Albany,New York 12203 AttO� ems at Law P:(518)436-0344 I F:(518)436-82-73 rmaider@deilylawfirm.com j June 10, 2014 f PERSONAL AND CONFIDENTIAL Joan L. Ewing l 245 Meals Drive Carlisle,Pennsylvania 17015 i Re: 2010 Skyline Sunwood F59CTQ/Serial No. 31110129ZAB Our File No.: R-USBANK.14.00649 i DEMAND FOR SURRENDER OF COLLATERAL i t Dear Ms. Ewing: This firm represents U.S. Bank N.A. U.S. Bank N.A. has a lien on the above-referenced Collateral. A copy of the title to the Collateral reflecting U.S. Bank N.A.'s lien is enclosed. U.S. Bank N.A. has told us that you have the Collateral in your possession. Under the terms of the applicable contract, U.S. Bank N.A. is entitled to possession of the Collateral. Therefore, this letter is a formal demand that you immediately surrender the Collateral to U.S. Bank N.A. Please contact our office immediately to make arrangements to surrender the Collateral 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, DEILY& GLASTE TER,LLP Richard C. Maider Enclosure RCM/mah I www.deilylawfirm.com I i •� _`y5- ��7 d1. sir •,;• l��`'_'`�• '�-•-�� .r-�'V�.�'.' �<i;.. i _�� � �~�'+��«Jit [�, •� ;� � 7 r{. '\\391\�t.!'`-;.r -i3 y'"e}y�l"h'•pI: .+�L'. ...::i:'=iAv.".:�•"i ''t L tigj•'Ft:9�:y�.-;x:.�fS',W"_ ..��a�r�1`i>r��t:+'�•c:.�y.s. .tir.ai:.>+."r;:,�'i�. tj•{�!- � - _ L^ .y••• `t •y i' p/C,T�7••c'��•'•r;' •f:���,:�V�fL FYQ'�,n�•�"•y t •�1FY�7Jlc�:-.iL�,..1.• _ �y:. ...lfji''I�Iz"..i14 ,.:.r�y - t .���. yy _ fit �4p '.. ~.,�gGy[Yr'�q.Yi: �..J11 +;�•�6�c, � f`,. ..:,� 'ss_•���,{��(� j� K I��.i��l�(�k`l-Cb tt C. f•'�`:'• •�Y�D/�.: S% „�it�'��.11r�,liL+vA�j•� ��i}`Yr:7i�`r'.`>�.a`•r''�"�`.�T+iy>� . .•....taV7,.�ter•. k •.• _....� _ •...�`�,.' "•. ..` .��j ..�..;,y +:1 3{ : ., •Y:. I To �i t�J _ •c. +1�.^�,�1`�7v tF�.�hNr>-�::*.: - t. KIM�,�C�I.'•�4��S.;r �P�.�,-1:•rY" vY11•'L7ik__ �� :,al�rr¢•Y"��_`1c�+" .•C�:•. .rd.•1.. rr-' t .:•i. .._.: _ .. -Tru I •M'xW t, �••' AJ1Y60Ff6511ii•.a:,Y� POiEt�s6t U;i't94�.RM1�}j+cf•. ,a •n.,� 's e�, _ i �'YJ't�!!r.:t, ••:; )`? .i: a »J L°i fp• i r'�Ei:.��'F;�` -,�.'Y 8t►�. ;..\ G� � ;r,`Y a • t •� 1� YJ.��'����!.F 1 R y��i�:,yrs Y I , a� � r ��. y '•i+a`:(t. �:N. � ..,1411:'a`lP��f't a� q"Y AY4il ip1' Y•' "�;,sr 'f:i:>sr ��' r'.r•{ As 'li:.'•�' { ',4pr 'ljJ.5•�:.YVi ,.�/ t ^��t: - 1"t�i `wF^ ty<�° :aJt'• .it. •,i'' rT a .b4Tny�.\� �,o a:'A•yY-- .-.��y.�••• r.� .-.�]�l'•C. `_` •1 .11�I•p a•iF!Jw Tf+]•FP•. _ .+ i ia.Y�+reiN !.; •' ... -v< m:.,,YaslY :WlttlD R£PttEBfl`IjQT1YfliS i� .��. �'Q!tr l%! .7 _'•fr `.Y���,. OR fl,Ar ^� .�?L�,jti. •� : AvtAiIYE--r',j,. QSBORN AV w 54 htEa1.r.. iglg�iiSEtttirayy pRTME � ld i f'�v at it r,...: ••3f,'•.< '• "Ftt. •f S'f q�} DEPANT �Ii9,P0RTA yy��7xr ..I. '. �•Y�`A sy lF tv tqy ys� fi {i`d�it•�t+es .,.• ..+.t. +t. •;� �,cy., �,�S7J+' S��''` 4'��t' �y¢'d>. �r, it:!rt ••+,4 .':+T�� � i_ Y.wcyyi��;} 4 ;T d1tIN�'�*•'� �,'�t�-I MttYl 4 CM 4b - ��- r`3�,�' � of Tntuyptl.• •i { �, t• t I '• � wnm m:*r rwr .4W you wam ma 01 Fb:pt of susuaceso�m svro,vr• ;• �- ��}�� 2,� ;,.,y� ,- °� ti�ClGe AY I is `•' 'an at rA• gg,ay iC ► �• -- t:. trw.br,irr - �Y,,;"\`� •`�' \\�'�.' ua'•i�"-A`�Tt- prsp4t,Y751TIn1 RSs. K"rf� 's ��'��z t�•�fi \;•gspg .3,�j S P' sA <,'•' :\�.f?.�j��, :'e)(,':�yti'c'',i.,s' I • s•tT-.R =Xl. t ' t�j ,3• -� <l i�Y t'�i� t Ph v t �'�'j�• �T�N .- IF �U .-".`C'lIF RN fl�7� � W ;' - tty.•Yete(•eFs pttr'bitirttt*i,h•. CDCD r{`r7 a +r�ioG:sjv�aauwcwtpi�•mcrsri a '';.n�' ` \s'ty s �• ., IRV br N ••��. isy�e. 4, AmfWOF)1rr,y0Mia' . .� ROOAUp s 5w, 1 "i ILII M WMI Er .�„ A f sem: o, a � j m Postage $ Certified Fee C3 0 Retum Receipt Fee Postmark O (Endorsement Required) Here O Restricted Delivery Fee 0 (Endorsement Required) M ...II $ Total Postage&Fees ru i M Sent To M . . .�.�=---- -- .....------ i ------------ CM eer,Apt. ^� or PO Box No. �^ 1 { ' `v city;State,ZIP+41 i 1 f V%5 i M rT r- C FI M IL USE M Postage $ 0 Certified Fee j E:3 Postmark L7 Retum Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee C3 (Endorsement Required) m ..a Total Postage&Fees $ Mru ��ttUUrr,.,11n�11 }1 n�n Seat TO __1J11� .Si�k!tYti rq3ireer:Apr"No.; - ---------__. ..._ -- or PO Box No. ........................... . ... - C;ry,Stare,ZlP+4 I i I, f €I Richard C. Maider, Esq. (Pa. Id. 56031) 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- HONEY C. PUNT and JOAN L. EWING, TERM, 2014 Defendants. No.: STATE OF MINNESOTA ) ) ss.. COUNTY OF HENNEPIN ) AFFIDAVIT OF JON P. OLSON I, JON P. OLSON, 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. 1 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, Honey C. Punt 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 A are the results of the search and the papers reflecting Defendant's military status. 5. There is insufficient information to determine if Defendant Joan L. Ewing is in the Military Service, as that term is defined by 50 App. U.S.C. § 511(2). Dated: -7111--//V �-- on P. Olson Subscribed and sworn to before me on �—j otary Public ERICA J WGRUDER NOTARY PUBLIC-MINNESOTA My CommWon Expires Jan.31,2018 Department of Defense Manpower Data Center Results as of:Jul-21-2014 01:37:44 PM SCRA 3.0 .� Stat Rep l? cant#a Servicemeniben Civil Ri chef Act. Last Name: PUNT -First Name: HONEY Middle Name: Active Duty Status As Of: Jul-21-2014 On Active Duty On Acflve Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NAS - :�'1; - No NA This response reflects the individuals"active duty status based on the Active Duty Status Date t Left Active Duty Within 367 DaYs of Active Duty Status Date Active D Start Date Active Du End Date - Status - Service Component NA i - NANANo This response reflects where`the individual left active d- status within 367 days precedinb the Active Duty Status Date '1 The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active D .Status'Date Order Notification Start Date - Order Notification End Date Status Service Component NA <;-NA No - NA This response reflects whether the individual or his/her unit has r m'wd.earl~notificaflon to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based 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. A, 4W44�; - Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 EXHIBIT � J� 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 at 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: KB1CSC2AZOD5140 1�� Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ .1L. .. ;�..G��_ � i%: 1 �nur+Lrf _ THE PROTHONOTARY OFFICE OF THE SHERIFF 20111 AUG 27 PM 3: 5 CUMBERLAND COUNTY PENNSYLVANIA US Bank NA vs. Honey Punt (et al.) Case Number 2014-4798 SHERIFF'S RETURN OF SERVICE 08/15/2014 07:50 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Honey Punt at 245 Meals Drive, South Middleton, Carlisle, PA 17015. 08/22/2014 05:03 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joan L Ewin at 4 Stonehedge Way, South Middleton, Carlisle, PA 17013. ot,,wr1 DAWN KELL, DEP TY SHERIFF COST: $57.56 SO ANSWERS, August 25, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONNY R ANDERSON, SHERIFF Richard C. Maider, Esq. Identification No.: 56031 Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 U.S. BANK N.A., �'�' 2014 SEP r T� f; CUjyQ PM 1: 9 PENNS y L D SQNT Attorney for Plaintiff VA Nl q Y Plaintiff, COURT OF COMMON PLEAS -against- HONEY C. PUNT and JOAN L. EWING, Defendants. CUMBERLAND COUNTY, PA No.: 14-4798 PRAECIPE TO DISCONTINUE AND END AGAINST DEFENDANT JOAN L. EWING ONLY TO THE PROTHONOTARY: Plaintiff, U.S. Bank N.A., hereby discontinues and ends its cause of action against Defendant, Joan L. Ewing, ONLY, without prejudice. Dated: Albany, New York September a', 2014 By: Respectfully submitted DEILY & GLASTETTER, LLP Richard C. Maider, Esq. (Pa. . 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 CL#SSigo 1�1fr 3lo9gy Richard C. Maider, Esq. Identification No.: 56031 Deily & Glastetter, LLP 8 Thurlow Terrace Albany, New York 12203 THEFILED-OFFICE C E PROTH rQ iAR i 2UJ4 NOV 2+4 Kfi 2: 43 CUMBERLAND COUNTY PENNSYLVANIA LVANIA U.S. BANK N.A., Attorney for Plaintiff Plaintiff, COURT OF COMMON PLEAS -against- JOAN L. EWING and HONEY C. PUNT, Defendants. CUMBERLAND COUNTY, PA No.: 14-4798 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Plaintiff, U.S. Bank N.A., hereby discontinues and ends its cause of against Defendant, Honey C. Punt, without prejudice. Dated: Albany, New York November r/ , 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