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HomeMy WebLinkAbout03-0809COUNTRY SIDE VILLAGE HOMES, INC., Plaintiff, Ve GLORIA BEECHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyers' Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe romar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente or por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE liN ABOGADO © NO PUEDE PAGARLE A I/NO, LLAME OR VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyers' Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 COUNTRY SIDE VILLAGE HOMES, INC., Plaintiff, GLORIA BEECHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT Plaintiff Country Side Village Homes, Inc. ("Country Side"), by and through its counsel McNees Wallace & Nurick LLC, hereby files this Complaint against Defendant Gloria Beecher. In support thereof, Country Side avers the following: THE PARTIES 1. Country Side is a Pennsylvania corporation having its principal place of business at 490 Millway Road, Ephrata, Lancaster County, Pennsylvania 17522. 2. Defendant, Gloria Beecher ("Beecher"), is an adult individual residing at 8795 Pineville Road, Shippensburg, Pennsylvania 17257. THE FACTS 3. On May 21, 2002, Country Side and Beecher entered into a written agreement (the "Agreement") whereby Country Side would sell Beecher a 2003 Astro American Pride mobile home, serial number AS03PA0102381 (the "Home") to be situated at 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17257. (A true and correct copy of the Agreement is attached hereto as Exhibit "A." 4. The purchase price of the Home, including options, fees and insurance, was $40,445.00. 5. On May 21, 2002, upon making a down payment of $11,000.00, Beecher's unpaid balance for the home was $29,445.00. 6. Pursuant to the Agreement, Beecher was obligated to pay Country Side the balance of $29,445.00 within thirty (30) days after the Home was delivered to Beecher and Country Side retained title to the Home until Beecher paid the balance in full. 7. Additionally, under the terms of the Agreement, upon Beecher's failure to pay the remaining balance, Country Side is entitled to retain the entire down payment of $11,000.00 as liquidated damages. 8. On June 24, 2002, Country Side delivered and installed the Home at 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17257. 9. After the Home was delivered, a manufacturing error by Astro caused the fitting on the water heater to be loose. 10. As a result of the loose fitting, an undetectable, slow leak saturated the master bathroom and master bedroom, damaging the floor. 4 11. Upon being informed by Beecher of the leak, Country Side hired a contractor to rebuild the floor joist and wall joist at the end of the home where the leak occurred. 12. Because the defect arose during the manufacturing stage of the Home, in accordance with the manufacturer's warranty, Astro paid for the cost of the repairs. 13. After the repairs were completed, Country Side and Beecher conducted three (3) walk-through inspections and Country Side addressed and corrected repair items identified during the walk-throughs, with the exception of a reoccurring surface crack on the living room ceiling. 14. The surface crack is reoccurring because the winter wet and cold weather has prevented the material used to seal the ceiling crack from properly adhering. 15. Country Side explained to Beecher that the surface crack could best be repaired during the warmer temperatures in the spring and assured Beecher that the ceiling crack would be repaired, under Astro's warranty, in spring 2003. 16. On October 18, 2002, Country Side received a letter from Beecher dated October 16, 2002 in which Beecher stated that she wanted to be refunded the money she had paid for the Home. (A true and correct copy of the letter dated October 16, 2002 is attached hereto as Exhibit "B.") 17. On October 21, 2002, Astro informed Country Side that it would build a new home for Beecher. 5 18. Country Side immediately communicated to Beecher Astro's offer to replace the Home, but Beecher did not accept Astro's offer. 19. Subsequently, Country Side attempted repeatedly to convene a meeting with Beecher to resolve the matter, and on November 7, 2002, Beecher agreed to meet with Country Side. At the meeting, Country Side offered to remove the Home from Beecher's property and reimburse the $11,000.00 deposit, minus $3,600.00 for costs incurred by Country Side when installing the Home and preparing it for use. 20. The costs incurred by Country Side consisted of $200.00 for the building permit, $1,720.00 for material and labor to install a footer and anchor for the Home, and $1,680.00 for materials and labor to install electric service. 21. Under the Agreement, Beecher was obligated to pay for the cost of installing and preparing the Home, a charge that is designated on the Agreement as "Options." 22. Beecher refused Country Side's offer of November 7, 2002, demanding a full refund for the Home plus $100.00 per day "lot rent" from November 1, 2002, and refusing to pay for the costs associated with installing and preparing the Home. COUNT I COUNTRY SIDE v. BEECHER ACTION IN REPLEVIN 23. Paragraphs 1 to 22 are hereby incorporated as if set forth in full below. 24. Beecher entered into the Agreement with Country Side whereby Beecher would purchase the Home for $40,445.00. 25. On June 24, 2002, Country Side delivered the Home to 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17522. 26. Country Side believes and therefore avers that Beecher is presently in possession of the Home. 27. Country Side has fully performed its obligations under the Agreement; it has acted properly and in accordance with the terms of the Agreement. Country Side has not breached the Agreement in any manner. 28. Beecher is in breach of the terms of the Agreement for having failed to timely pay the remaining balance of $29,445.00 for the purchase of the Home. 29. As a result of Beecher's failure, and continued refusal, to pay the balance for the cost of the Home and in accordance with the terms of the Agreement, Country Side retains title to the Home and thus has a present right to possession of the Home. WHEREFORE, Plaintiff Country Side Village Homes, Inc. demands that (1) judgment be entered in its favor and against Defendant Gloria Beecher; (2) Country Side be granted possession of the mobile home at issue; and (3) Country Side be granted liquidated damages of Eleven Thousand Dollars ($11,000), plus costs. 7 COUNT II COUNTRY SIDE v. BEECHER BREACH OF CONTRACT 30. In the alternative, should the Court find that Country Side is not entitled to possession of the Home, Country Side seeks relief through an action for breach of contract. 31. Paragraphs 1 to 29 are hereby incorporated as if set forth in full below. 32. The Agreement is a valid and binding contract to which Country Side and Beecher are parties. 33. On June 24, 2002, Country Side delivered the Home to 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17522. 34. Country Side has fully performed its obligations under the Agreement; it has acted properly and in accordance with the terms of the Agreement. Country Side has not breached the Agreement in any manner. 35. Beecher breached the Agreement by failing to pay Country Side the $29,445.00 balance owed. 36. Despite repeated demands for payment by Country Side, long after the payment deadline has elapsed, Beecher refuses to cure her breach by remitting payment to Country Side in the amount of $29,445.00. WHEREFORE, Plaintiff Country Side respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Gloria Beecher in the amount of Twenty- Nine Thousand, Four Hundred Forty-Five Dollars ($29,445), plus prejudgment interest, post-judgment interest, and costs. Respectfully submitted, McNEES WALLACE & NURICK LLC Attorney I.D. 56880 Charles T. Young, Jr. ~Attorney I.D. 80680 v/Garrett H. Rothman ~ Attorney I.D. 88471 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Fax: (717) 237-5300 DATED: Attorneys for Plaintiff, Country Side Village Homes, Inc. February[''1'~, 2003 VERIFICATION Subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), I, Kay Zimmerman, hereby certify that I am the ~1~- ~F~F~/bE~ of Country Side Village Homes, Inc., and in that capacity, I have the authority to execute this Verification on its behalf. I further certify that the facts set forth in the foregoing Motion for Writ of Seizure are true and correct to the best of my knowledge, information, and belief. Dated: ~--lb Country Side Village Homes, Inc. By-~~/~ ' ' ~merman , 2003 Exhibit A Country Side Homes lin this ~)~tmct the words T. 'Me' and 'My' rder to the Buyer end the Co-buyer slgnlp4) this contract, The wo~ds 'You', end 'You~ refer lo the Dealer. Subject lo.me terms {mOd condilion_s, q~. I}oth sides of this aqreemenl you saree to se I and agree Io purchase the followinq d{}scril}ed unit. MaJ~&~odel: ~' ! t ~ Yea~ [Bodroon'~: Floor size:/'~ ] Hi ch S~ze: t Stock #: Sales Lo~ IT I~ MY RESPONSIBILITY TO PROVIDE A SUPPORT SYSTEM 'rl~T '- ~~!~*~i ~ ~.'~/'~ ~ t4i~=¥~ BOTH HUD AND LOCAL BUE.DINO ~.,OOE REQUIREMENTS. r~~=~..~.~%?~ $ WHEELS, AX~S AND HrrCHES NOT ~NCLUOED. $ SKIRTING INSTALLATION NOT GUARANTEED ABOVE 30", $ ~ i O0 BLOCKING & LEVEUNG,~mm e~a.ls Inat ...... ' I~/ $ i JJ~jJ~J~J~ ~ ~ $ TIE DOWN INSTALlaTIONvj $ { ~ ~ ~ ~ $ DISHWASHER ~ $ i J Seller and Purchaser agree Ihal not wilhslanding any other provisions (~f this- i Jconlrac{ that upon all conllngencles in this oontmct having been met. if put~haser CENTRALAI~ CON{34TlONINGV~ ~ i {should la[il or mluse to purchases the manufactured 13oma described herein within P.,JRNmJRE{NO{3UAR~i, JTEEORWARRANI~ .... ~' $ ! J~hirty days after notice of availability of Ihs same from Seller, that Solar may retain ' i Jthe entire cash downpayment and or net amount allowed for trade as liquidated The~e Is no assurance a mobile home can remain level when placed on any surface ether !It is MI.rrUALL¥ UNDERSTOOD that this agreement la sublect to than ~[J~at o! blacktop or concrete. ',necessary corrections, and adjustments concerning changes in net Description o! Trade-In: Y~ar Size: M~W(e: Model: Bedroon'~: Title No, Serla~ No. Color. Amount Owing to Whom: ANY DEBT I OWE ON THE TRADE.IN IS TO BE PA{O BY: 7=' '~3U --I~,~ Purchaser{ certlly the matter printed on th8 back hereof has been r~&d and agreed to as parl ol this agreement Ih® same as though I{ were pi'in{ed above lhe Signs{urns; buyers are ol statutory age or older, or have been lega{ly emar~clpated, that {hi} wi{hi{1 described merchandise, the optiona{ equ{pmerml &r~cl accessories hji'~on arid, Insurance if included, has been vo{untarl{y purchased. The properly being Irade~ is free flora al{ e~cumbrartces whatsoever, eK[;~pled ae noted iiJxJve. Purchaser egree~ e&ch paragraph and )rovision of this conlract on both Iron{ and bm2k is severab{e, ~1 one portion lher®O! {$ invalid the rema}lling porlion shaft nevertheless, remain {n {ull force and etfecl. THIS AOREEMENT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN YOIJ AND ME AND NO OTHER REPRESENTATIVE OR INOUCEMENT, VERBAl. OR WRITTEN, HAS BEEN {ADE WHICH IS NOT CONTAINr:D IN THIS CONTRACT. I OR WE. ACKNO~.LEDG, E RECEIPT O.F A COPY OF THIS ORDER AND THAT I, OB WE, HAVE READ AND UNDERSTAND THE BACK OF THI~ ¢OMTR4CT CONTINGENT UPON MANAGERI4L AND FIM4NC{4L APPBOVAL Not ig~d Ack. led by an o~r~er of the Company BY: ~'~~~ SIGNED X ,,, ~'d ~6~9-~-L[L sem°H oPTS Ro~unoo dSl:El CO SI u~c Jan 15 03 03:04p ~ntr~ Side Homes ? 532-6295 AOI3TIONN-TERMS AND It is tu~th6r u~d~stoc~ an(:: agreed; Tt~e order on the reverse side hereof is sub~c't to the lol~wing terma a~d con. iotas, all e! w~iCh have bee~ rr~tua~ agreed upon: _ ..~. - _-~; _- - _ = __ i-- ._ r_,~Rredbv law. Title te ~~- ~ ~- ~ . . . . ank 2,The purche~r e~ to de~b~ t~ o~ hilt O[ ~e or the ~ 1o ~ u~r ¢~, ~bgehe~, vehicie to be h~ ~, frae e~d c[~r of alt I~s and encumb~as ex~ ~ ~ ~oted o~ {~ f~ ~ t~ Purchas~ wa~nts ~at a~ his t~s ~[ e~ kind te~ed eg~t ~e ~d ve~ er ~b~6ho~ ~d in have ~ f~Y pai~. Should ~y ~ernment age~y ~W or c~im a t~ lien of ~ ~ ~ a~i~t, s~h u~d veh~c~, S~r ~y. ~ h~ ~pt~ p~ ~m ~m~unt to t~e s~es coat,am c~e~g the mob~ o~ hewn ~h t~ sa~ eff~t ~ t~ugh ofigin~ i~ed 3, If the us~ pr~ tra~ in ~ r~er~ ~ ~ in any ~ e~ th~ t~ s~e in which this ~d~ b w~e~, PurChaser Shou~ ~r assu~, or be put to, ~y e~flae iff cofln~ti~l ~ ~h ~i~t~n, Pu~cha~ ~ ~y Se~er t~ e~t t~re~ on ~d cr Sell~ ~y ad~ at ~ ~fio~, ~e ~ to ~e con~l s~es co~ c~v~ng ~e m~leho~ ~der~ hemi~ w~ the used t~ai~er~ ~ob~o~, or o&:~ r~k~ cofre~ondi~ changes in the traii~r o~ m~ ~d a~ cove~ by ~ order eithe~ ~om, or subsequent to, o) s*~h equ~ment lo ~e pumha~r- 6. Dealer s~t not b~ )[abie lot ~ys ~used by the ~nufa~rer, ~ci~nls, s~kes, fires ~r any oiber ca~e b~ond his con- trot. - .................... ~ lO ~E B~ ~ES ~ ~Y AND ALL WRt~EN ' - .... : ........ ~H~ AGREE~, AND ALi SEP~ATELY WA~NTEO ~P~A ERING THE UNiT U~u.~cu :- NENTS, W~ WARRAN~ES ~E HER~Y ASSI~ED TO ~ B~ER, ~C~T 30 ~E E~{T p~B~D STATE LAW, THE OEALER M~S NO WA~A~E8, EX. SS OR i~UEO, ~N~ ~ LI~A'~, ~SCLN~ THE IMPUED WARRA~IES OF MERCHANTAGtL~Y AND FITNESS ~R A FAR~U~ ~SE. - ~ ~ j&jJ~R~ ~li~. a~ th~ ha ~d r~ on h~ ~n luda~n[ and ....... ~. -. ........ , ~ ~4~n+ not nteviou~ ~los~d to the d~r, ~equ)~ ~ e~ t~or ~ of extra i~r o' the use o~ e~ra equ~pn~nt ~) De~ier does not ~ee ~r p~e~t um~ a con~e p~er, ~dnnmg ~w trost tine. has limt ~en prepared. Cutover ~rees lo ~y ~or a~ lair and ~ter~ ~5ts to m-s~ the m¢iieho~ when c~ f~lure re-so[Ting c~ sink~,g ar~mg i~m i~Jlu;e to pro~ an ~roved f~da~. ~t must ~ ~ubbed ~ of ground, wa~ Ii~e ~ ~ tap~ and ei~nc line counted Io .~ter ~b ~h propel r~ptac~ ~ 20 t~t of Iht e~mdc box {~de of Unless olhe~ise pro~,~ o~ the face o~ th~ P~zcha~e ~de~, ~e un~ d~cz~d I~ere~ ~ soid f.o.b, ~a~e~s ~L i~g, ~ectricel or ~s~uc~ ch~s a~ not the r~o~s[~ of the d~ar er ~ufactu~e~, Dealer i~ not ~o~S~le must ~ b~tne ~ the - ~0. ~ ~ ~derst~d ~at Purc~r ~s n~ covered ~ ~n~ un~] a~pt~ by Insum~e Coca,y, end Purchaser agrees hold Seller h~rmless from ~y and ~{ c~J~ due to ~ss or de.ge prior to e~s~ ~ ~e c~ve~a~ by Instate Co~a~y. t~s ~ru~m, ~ew in ~arce m the ~al ~a~s, or the Pm~es of Canad~ es they ~y app~ to the ~ve~ ~ over the pu~ic ~ighWayS, and the lac~ I~ sucl~ m~ernent ~st, ~r, ell ~ses, be ~de un~ ~aJ pe~; th~ ~.~ ~t~es, or Provi[~ces of Canada, ~Y n~ ~rant such pe~s ~a the e~e exce~s t~ stat~o~ ~xi~m. and do~ h~e~ rel~se the 32. ~S AG~EMENT CONT~NS THE ENTIRE ~REEMENT ~ THE P~ES AND SUPE~ED~S A~ PR~R AND CO~TEM~RANEOUS W~EN AND ~ AGR[EMEN~, UNOERSTAN~N~S, ~D NE~TIA~ONS, A~ OF ~CH ~E MERGED ~O THIS AGREE~NT, THE SELLER HAS ~A~E ~ RE~ESE~A~ONS ~ WARRA~IES NOT SET FOR~ IN ~tS AGREE~NT. Exhibit B p.15 o~c ~o 9_0 COUNTRY SIDE VILLAGE HOMES, INC., Plaintiff, GLORIA BEECHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MOTION FOR WRIT OF SEIZURE Plaintiff Country Side Village Homes, Inc. ("Country Side") , by and through its counsel McNees Wallace & Nurick LLC, hereby files this Motion for Writ of Seizure. In support thereof, Country Side avers as follows: THE PARTIES 1. Country Side is a Pennsylvania corporation having its principal place of business at 490 Millway Road, Ephrata, Lancaster County, Pennsylvania 17522. 2. Defendant, Gloria Beecher ("Beecher"), is an adult individual residing at 8795 Pineville Road, Shippensburg, Pennsylvania 17257. THE FACTS 3. On May 21, 2002, Country Side and Beecher entered into a written agreement (the "Agreement") whereby Country Side would sell Beecher a 2003 Astro American Pride mobile home, serial number AS03PA0102381 (the "Home") to be situated at 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17257. (A true and correct copy of the Agreement is attached to Country Side's Complaint, at Exhibit "A.") 4. The purchase price of the Home, including options, fees and insurance, was $40,445.00. 5. On May 21, 2002, upon making a. down payment of $11,000.00, Beecher's unpaid balance for the home was $29,445.00. 6. Pursuant to the Agreement, Beecher was obligated to pay Country Side the balance of $29,445.00 within thirty days after the Home was delivered to Beecher, and Country Side retains title to the Home until Beecher pays the balance in full. 7. Additionally, under the terms of the Agreement, upon Beecher's failure to pay the remaining balance, Country Side is entitled to retain the entire down payment of $11,000.00 as liquidated damages. 8. On June 24, 2002, Country Side delivered and installed the Home at 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17257. 9. After the Home was delivered, a manufacturing error by Astro caused the fitting on the water heater to be loose. 10. As a result, an undetectable, slow leak saturated the master bathroom and master bedroom, damaging the floor. 11. Upon being informed by Beecher of the leak, Country Side hired a contractor to rebuild the floor joist and wall joist at the end of the home where the leak occurred. 12. Because the defect arose during the manufacturing stage of the Home, in accordance with the manufacturer's warranty, Astro paid for the cost of the repairs. 13. After the repairs were completed, Country Side and Beecher conducted three walk-through inspections and Country Side addressed and corrected repair items identified during the walk- throughs, with the exception of a reoccurring surface crack on the living room ceiling. 14. The surface crack is reoccurring because the winter wet and cold weather has prevented the material used to seal the ceiling crack from properly adhering. 15. Country Side explained to Beecher that the crack could best be repaired during the warmer temperatures in the spring and assured Beecher that the ceiling crack would be repaired, under Astro's warranty, in spring 2003. 16. On October 18, 2002, Country Side received a letter from Beecher dated October 16, 2002 in which Beecher stated that she wanted to be refunded the money she had paid for the Home. (A true and correct copy of the letter dated October 16, 2002 is attached to the Complaint as Exhibit "B.") 17. On October 21, 2002, Astro informed Country Side that it would build a new home for Beecher. 18. Country Side immediately communicated to Beecher Astro's offer to replace the Home, but Beecher did not accept Astro's offer. 19. Subsequently, Country Side attempted repeatedly to convene a meeting with Beecher to resolve the matter, and on November 7, 2002, Beecher agreed to meet with Country Side. At the meeting, Country Side offered to remove the Home from Beecher's property and reimburse the $11,000.00 deposit, minus $3,600.00 for costs incurred by Country Side when installing the Home and preparing it for use. 20. The costs incurred by Country Side consisted of $200.00 for the building permit, $1,720.00 for material and labor to install a footer and anchor for the Home, and $1,680.00 for materials and labor to install electric service. 21. Under the Agreement, Beecher was obligated to pay for the cost of installing and preparing the Home, a charge that is designated on the Agreement as "Options." 22. Beecher refused Country Side's offer of November 7, 2002, demanding a full refund for the Home plus $100.00 per day "lot rent" from November 1, 2002 and refusing to pay for the costs associated with installing and preparing the Home. REPLEVIN 23. Country Side believes and therefore avers that Beecher is presently in possession of the Mobile Home. 24. Country Side has fully performed its obligations under the Agreement; it has acted properly and in accordance with the terms of the Agreement. Country Side has not breached the Agreement in any manner. 25. Beecher is in breach of the terms of the Agreement for having failed to timely pay the remaining balance of $29,445.00 for purchase of the Home. 26. As a result of Beecher's failure to pay the balance for the cost of the Home and in accordance with the terms of the Agreement, Country Side retains title to the Home and thus has a present right to possession of the Home. 4 27. Contemporaneously with the filing of this Motion, Country Side filed a Complaint against Beecher. Count I of the Complaint is a claim in Replevin. A true and correct copy of the Complaint is attached hereto as Exhibit "C." 28. Pennsylvania Rules of Civil Procedure 1075.1(a) provides: Writ of Seizure Upon Notice and Hearing (a) After the complaint has been filed, the plaintiff may move for the issuance of a writ of seizure whether or not the complaint has been served. The court shall fix the date and time of the hearing which shall not be less than forty- eight hours after filing the motion for the writ of seizure. Pa.R.C.P. 1075.1(a) WHEREFORE, Plaintiff, Country Side Village Homes, Inc. requests that (1) a hearing be scheduled on this Motion, (2) a Writ of Seizure be issued and served by the sheriff, (3) the Home be taken into possession by the sheriff, and (4) possession of the Home be delivered to Country Side. McNEES WALLACE & NURICK LLC Jonathan . Attorney I.D. No. 56880 Charles T. Young, Jr., Esq. Attorney I.D. No. 80680 Garrett H. Rothman, Esq. Attorney I.D. No. 88471 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Fax: (717) 237-5300 Dated: ~-~ ~_, 2003 Attorneys for Plaintiff, Country Side Village Homes, Inc. 5 Dated: VERIFICATION Subject to the penalties of 18 Pa.C.S. ~ 4904 (relating to unsworn falsification to authorities), I, Kay Zimmerman, hereby certify that I am the ~/~- ~S/b~' of Country Side Village Homes, Inc., and in that capacity, I have the authority to execute this Verification on its behalf. I further certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. Country Side Village Homes, Inc. J K~~rman Exhibit A Exhibit B Country Side Homes In this ~ontra~t the words '1', 'Me' e. nd 'My' refer to the Buyer and 1he Co-buyer sl.~nlr4] this contract. The words 'You', and 'Your' refer to the Oeale~. Subject to.the terms and cor~ditio..n_s ~.oq both sides of Ibis aqreemenl yo,u agree Io sqll and I aqree to purchase the followinq described unit. ¥ - ' .... Date: Seriai umbe~, : · .~ Pro osed Delivery Oat ~ pe : IT IS MY RESPONSIBILITY TO PROVIDE A SUPPORT SYSTEM THAT ~~.:~:.~::~ *'-! ..,s~ I'~.~ bb , SKIRTING INSTALLATION NOT GUARANTEED ABOVE 30", ~~ '~! ~ $ /'~..~'~-i 00 ~ . ~ ~ ~ I Seller ~ Pumh~er agree thai not w~hstandbg a~ ~r pro~ Of this , Ico~ract t~t ~n all ~tlnge~les ~ this ~ract hav~g b~n mai, if put.assr ~NR~~~ ~ J Ishould taft or rel~e to purc~e t~ menufamur~ borne d~cd~ ~mh w~hin ~E~EORW~ ~=~ ~ ~ ~ ~ Ithi~y ~ after ~ of av~labil~y of the ~me from Seller, the Sel~r may retain ~ ~E: ~% ~ ~'~:~ s ] · ~l'~d~ages.e~i .... h ~yment and or net amoum allowed: f~ Ired. ~ li.ui~ted ~EREIS~ ~ ~ ~ ~ere Is no essence a mobl~ h~ ~n remain ~vel wh~ plac~ on ~y sudace eth~ ~ It is M~UALLY UNDERSTOOD that this agr~ment la subject to ~n~at of bla=~op ~ concrete, ~necessa~ co~e~lons, and adJustment~ concerning changes in net ~: ~ O~P~ ~ ~ -~ ~ ~ ~ ~ .~payofl on tred~ln to be made at ~e time of se~ement. De~Hpt~n of Trade-in: Y~r Size: M~e: M~I: ~ed~: T~le No. Se~ No. Amount Owi~ to Wh~: A~DEgTI~E ~E~E-INISTOBE PNO BY: ~ ~ ~ ~ ......... .~ .... . ..... . ............ == ........ .'=~':==~:~: .~~:;~,:~-";[~T''~ Purcha~rs ce~ t~ maker printed on ~e back hereol ha~ been read ~nd agreed l0 a~ ~d of thl~ agreement the ~ame as ~ough ~t were printed ~ove the s~namre~; t~at bu~r~ are ol ~1o~ a~ ~ ol~er, or have ~n I~all~ emancipate, ~at the wl~l~ ~scd~d merc~a~l~e, the optbnal equipment a~d acces~r~ hereon ~nd, Insurers inclu~d, ~ ~n voluntary purchm~. ~e pro~ ~lng Ira~ I~ free f~om ~ e~cum~a~s whatsoe~, ex~pl~d a~ ~ted a~v~. Pu~haser agrees ea~ paragraph provi~lon of this contract on both f~nt and b~k I~ severable, ~ one potion ~reof I~ invalid t~ remalnbg ~rlio~ ~hall ~ve~le~, remain in lull torce a~ ~ AOREEME~ C~AINS THE ENTRE UN~RSTANDINO B~EN YOU AND ME ~D NO O~ RE~ESE~ATWE OR IN~OEMa~, ~RBAL OB ~mN, HAS BEEN MADE WHICH I~ NOT ~ONTAINED ~ ~1~ ~. I OR WE AO~O~D~E RECEIPT O! A COPY OF ~1~ ORDER AND ~AT I. OR WE, HAV~ READ AND UND[RgTAHD ~ BACK OF THIg C~T~CT C~NT UPON MANA~m4L ~O m~mAL APPROWL ~OREO X ~ ~ COU~RY SIDE VlL~GE HOMES INC. DEALER s~,AL sEcu.~ NO. J~L ~ ~Z ' ~ ~ _ ~~. SIG~D X .... 3'd ~639-gg~-L[L semOH ep~s R~%unoD dSt:E[ gO SI usc .]an 15 03 03:04p ~nt.r~ Side Homes - 532-6295 AOOITION&L TERMS AND COHDCTtON$ I1 ia tullh~r understood a~(t ~gr~; T~ or~t on t~ ~e~ ai~ ~re~ · s~]~ to the l~ m~ ~ con~, ~! o~ ~ have ~e~ ~ua~ agreed ~: .......... ~- -~*inal b~ o~ ~e or the ~ ~ ~Y u~r c~, ~bUeh~, trai~r or veh~le traded ~ as ~hiC~ tO ~ h~ p~Y frae ~d cl~r ~ a~ ~ns eno en~mu,~ ....... ' ' ' purchas~ warm~s that a~ his t~es of eve~ kind ~e~ed a~t ~e ~d ve~ or ~ba~ ~d in h~ve ~ f~Y paid. Should ~y government age~y ~W or e~im a tax ~en er ~ ~ m a~i~l, s~h u~d yahweh, S~ ~Y. m h~ ~t~m P~ ~m ~e. ~d Pulcl~ase~ agrees lo re~ume the a~ht there~ ~e~e~ ~n ~o, or. Seller may. at ~s ~pti0n ~ amount to the sales co,tram c~efing the ~b~eho~ o~ he~ ~h [~ sa~ ~ect ~ t~ugh ofi~n~ i~ therein. a~raes to i~ale~ aect~e ~lr~ion fm ~ ~eh~ and to ~y any and ~l ~s~ and ~m~ f~s inc~ental ~ret~ $h~ ~r assu~, or be pul [o, any e~ae iff conn~ti~ ~th ~h mgi~a~n, pu~cha~ w~ ~y So,er t~ a~nt ?harem ~ ~nd cr Sell~ ~y ~d& at h~ ~o~, ~e ~ te ~e cond~ s~ co~ cov~ing ~e m~leho~ ~der~ he~ w~ s~ ~t ~ ~ou~ orig~aW ~ctu~d ~pe~s to the ~ler t~m have been ~i cha~s ~ in ~ ~mishi~ or ~cesso~ ~emof. or ~ ~s ~ml ~fi~, ~aler sh~ then h~e [l~e ri~t to ~ke a ~eepp~is~t. ~s later ~sat vai~e ~ then ~t~ine ~e ~o~nce to be made for used trailer, rnobiieho~~. or oth~ - - , . ~ ~ ht to ~ke ~y ch~s i~ ~,e ~I, or ~e ~ai~a et ~y ~ce~de~ a~d pa~s of any 5. The ~anutactur~ has ~-. ~g ...... ~-, ;-~-,; .... o~t;~{o~ ~ ~e o~ ~ e~e~ the dealer el the ~nu~ur~, quell ~ew ~a~ ~r mobl~hor~. ~[ any [[~, w~u~u~ v,~.,,,~ ..... ~-- - - r~ke cofre~onding changes in lhe frei(et or ~ho~ ~d a~ cover~ by ~ts order e~her ~om, or s~equent to, of ~h equ~em to ~e ~ha~r- 6. Dealt shall not b~ i[~b~ tot ~ys ~used by the ~nufa~reL ~ci~Is, stfi~es, fl~es er ~y at, er ca~e b~d his can- tml. 7, W~RAN~ES: THE ~R ~ ~ TO ~E B~ CO~ES ~ ~ ~ND ALL ~t~EN WARR~IES ERING THE U~T DESCRIBED IN THIS AGREEME~, AND ~[ ~P~ATEL~ WAr,TED ~PM~CES AND NENTB, W~ WARR~T~S ~E HER~Y ASSI~ED TO ~ BUYER. ~CEPT 30 ~E E~NT p~D U~ STATE LAW. ~E OEALER M~S NO WARR~E~ EX--SS ~ IMDLIEO, ANO, ~ L~A'~, DISCLN~ 1HE IMPUED WARRA~IES OF MERCH~TABIL~Y AND FITNESS ~R A PA~CU~R P~E. 8. ,:al Ii ~a d~iw~rf of ~e n~bi~ u~l ia i~Judad in ~ purchase pdt. or d ~ de.et quote~ · char~ ~r ~;~e~ ~ the t~ner;s ~nel~n, beth t~ a~nl to I;an~off ~ un~, ~ ~1 as the ~e quot~m~ made~ ~ b~ u~ C~?s a~,sur- once ~h~ travel ~ a~at~g ~c~able ali~eathe~ suHaced roa~s, ~u?~ open arid ~ces~ibia, fram point of ori~ to pv~'nt o( de)ive~, dur. ef extra {~r o~ the use o~ e~re eqmpmenL ~) Dea~er does not gu p.~ P ..... . ~r~st line. has limt y~en prepped. Cu~ome~ agrees [o pay tot all labor aaa ~e~ ~ts to m-~t the ~i{~o~ when ce~ by ~l~ ~ tapp~ ant ~c imo conn~ ~o ~ter ~le with ~opef re~tac~ ~ 20 t~t of ~e e~mdc box i~ of unless othe~is~ provided on the face el this Purc~e Order, ~ ~ d~r~d here~ ~ sold f.o.b. ~ale~s ~L 9. Dealer is nol p~r~ to m~e ~u~ing ~r ~[r~al ~oP~ions. ar ¢o~ling et ~ain ~rel ~s or pmpa~e ~t~nces ~ere crate or ~cal o~J~e~es require a t~n~ p~r or eie~n ~ ~o so. ~lai ~i~ing or0inarmes ~' I~ws reauifi~ plu~- in9, electrical or ~nstruc~ ch~ges are ~Ot the r~ponsi~]~ of the d~ter or m~nufactu;er. Dealer i~ not ~espons~le for' ~a~ or sandeman perm, s. ~oT for ;cc~l, cou~/~ ~aJe pan~i~s ~nvoJ~ng r~{ve zon~g. ~s? of ct'j~a n~dad tot cat.bocce m~t ~ b~rne by the ~urc~c. - . . . ~ - ' o - ~0. ~ ~ ~derst~d ~at Pumh~r ~s n~ c~ered ~ ms~n~ u~ffi a~ ~ In~ra~e ~o~ny, a~ Pu~chaser.~g, ees hold Seller h~e~a from any and ~, c ai~ ~ ' ' · ' ' ' '-' ' 1 I. Notic5 of wi~h !irma[JOri: The pucch~er ~kne~e~es ~i~ info.ed of ~e ~n~h al~d wi~h )im~on~, as of the ~{e this instruct, new {n (orca m the ~at ~a~s. or the Pr~es of Can~ as t~y may ~p~ to fha ~ve~n~ ~ ~deh~es Provides of Canada, ~y n~ g~nt such pe~s ~ora lbs a~e eX~s ~ atat~o~ ~xi~m. and ~ ~re~ release the ~aler hereof, the manufacturer and lhe:r ~s~g~ {rom aqy ar, d ~ de~n~, ~s or ~unler ~al~, ba~ gl~ the si~ of the w~ti~in 3'~. ~S AG~EMEHT CONT~NS ~HE EN~tRE ~REENENT ~ THE P~ES AND SUPERSEDES A~ PR~R AND CONTEM~RANE~E W~EN AND ~AL. AGREEMENt, UNDERSTAN~NGS, ~D NEGO~A~S, A~ OF ~H ~ MERGED l~O TH~ AGREEMENt. THE SELLER HAS ~E ~ REPRESE~A~ONS ~ WARRA~ES NOT E~RES~ S~ FOR~ IN THIS AGREE~. ~!~ntr~ Side Homes p.15 Exhibit C COUlqTRY SIDE VILLAGE HOMES, INC., Plaintiff, GLORIA BEECHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL'ACTION - LAW No. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyers' Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe romar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente or por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE liN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME OR VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyers' Referral Service 2 Liberty Avenue Carlisle., PA 17013 (717) 249-3166 COUNTRY SIDE VILLAGE HOMES, INC., Plaintiff, GLORIA BEECHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL' ACTION - LAW No. COMPLAINT Plaintiff Country Side Village Homes, Inc. ("Country Side"), by and through its counsel McNees Wallace & Nurick LLC, hereby files this Complaint against Defendant Gloria Beecher. In support thereof, Country Side avers the following: THE PARTIES 1. Country Side is a Pennsylvania corporation having its principal place of business at 490 Millway Road, Ephrata, Lancaster County, Pennsylvania 17522. 2. Defendant, Gloria Beecher ("Beecher"), is an adult individual residing at 8795 Pineville Road, Shippensburg, Pennsylvania 17257. THE FACTS 3. On May 21, 2002, Country Side and Beecher entered into a written agreement (the "Agreement") whereby Country Side would sell Beecher a 2003 Astro American Pride mobile home, serial number AS03PA0102381 (the "Home") to be situated at 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17257. (A true and correct copy of the Agreement is attached hereto as Exhibit "A.") 4. The purchase price of the Home, including options, fees and insurance, was $40,445.00. 5. On May 21, 2002, upon making a down payment of $11,000.00, Beecher's unpaid balance for the home was $29,445.00. 6. Pursuant to the Agreement, Beecher was' obligated to pay Country Side the balance of $29,445.00 within thirty (30) days after the Home was delivered to Beecher and Country Side retained title to the Home until Beecher paid the balance in full. 7. Additionally, under the terms of the Agreement, upon Beecher's failure to pay the remaining balance, Country Side is entitled to retain the entire down payment of $11,000.00 as liquidated damages. 8. On June 24, 2002, Country Side delivered and installed the Home at 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17257. 9. After the Home was delivered, a manufacturing error by Astro caused the fitting on the water heater to be loose. 10. As a result of the loose fitting, an undetectable, slow leak saturated the master bathroom and master bedroom, damaging the floor. 11. Upon being informed by Beecher of the leak, Country Side hired a contractor to rebuild the floor joist and wall joist at the end of the home where the leak occurred. 12. Because the defect arose during the manufacturing stage of the Home, in accordance with the manufacturer's warranty, Astro paid for the cost of the repairs. 13. After the repairs were completed, Country Side and Beecher conducted three (3) walk-through inspections and Country Side addressed and corrected repair items identified during the walk-throughs, with the exception of a reoccurring surface crack on the living room ceiling. 14. The surface crack is reoccurring because the winter wet and cold weather has prevented the material used to seal the ceiling crack from properly adhering. 15. Country Side explained to Beecher that the surface crack could best be repaired during the warmer temperatures in the spring and assured Beecher that the ceiling crack would be repaired, under Astro's warranty, in spring 2003. 16. On October 18, 2002, Country Side received a letter from Beecher dated October 16, 2002 in which Beecher stated that she wanted to be refunded the money she had paid for the Home. (A true and correct copy of the letter dated October 16, 2002 is attached hereto as Exhibit "B.") 17. On October 21, 2002, Astro informed Country Side that it would build a new home for Beecher. 18. Country Side immediately communicated to Beecher Astro's offer to replace the Home, but Beecher did not accept Astro's offer. 19. Subsequently, Country Side attempted repeatedly to convene a meeting with Beecher to resolve the matter, and on November 7, 2002, Beecher agreed to meet with Country Side. At the meeting, Country Side offered to remove the Home from Beecher's property and reimburse the $11,000.00 deposit, minus $3,600.00 for costs incurred by Country Side when installing the Home and preparing it for use. 20. The costs incurred by Country Side consisted of $200°00 for the building permit, $1,720.00 for material and labor to install a footer and anchor for the Home, and $1,680.00 for materials and labor to install electric service. 21. Under the Agreement, Beecher was obligated to pay fo~ the cost of installing and preparing the Home, a charge that is designated on the Agreement as "Options." 22. Beecher refused Country Side's offer of November 7, 2002, demanding a full refund for the Home plus $100.00 per day "lot rent" from November 1, 2002, and refusing to pay for the costs associated with installing and preparing the Home. COUNT I COUNTRY SIDE v. BEECHER ACTION IN REPLEVIN 23. Paragraphs 1 to 22 are hereby incorporated as if set forth in full below. 6 24. Beecher entered into the Agreement with Country Side whereby Beecher would purchase the Home for $40,445.00. 25. On June 24, 2002, Country Side delivered the Home to 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17522. 26. Country Side believes and therefore avers that Beecher is presently in possession of the Home. 27. Country Side has fully performed its obligations under the Agreement; it has acted properly and in accordance with the terms of the Agreement. Country Side has not breached the Agreement in any manner. 28. Beecher is in breach of the terms of the Agreement for having failed to timely pay the remaining balance of $29,445.00 for the purchase of the Home. 29. As a result of Beecher's failure, and continued refusal, to pay the balance for the cost of the Home and in accordance with the ~erms of the Agreement, Country Side retains title to the Home and thus has a present right to possession of the Home. WHEREFORE, Plaintiff Country Side Village Homes, Inc. demands that (1) judgment be entered in its favor and against Defendant Gloria Beecher; (2) Country Side be granted possession of the mobile home at issue; and (3) Country Side be granted liquidated damages of Eleven Thousand Dollars ($11,000), plus costs. 7 COUNT II COUNTRY SIDE v. BEECHER BREACH OF CONTRACT 30. In the alternative, should the Court find that Country Side is not entitled to possession of the Home, Country Side seeks relief through an action for breach of contract. 31. Paragraphs 1 to 29 are hereby incorporated as if set forth in full below. 32. The Agreement is a valid and binding contract to which Country Side and Beecher are parties. 33. On June 24, 2002, Country Side delivered the Home to 15 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17522. 34. Country Side has fully performed its obligations under the Agreement; it has acted properly and in accordance with the terms of the Agreement. Country Side has not breached the Agreement in any manner. 35. Beecher breached the Agreement by failing to pay Country Side the $29,445.00 balance owed. 36. Despite repeated demands for payment by Country Side, long after the payment deadline has elapsed, Beecher refuses to cure her breach by remitting payment to Country Side in the amount of $29,445.00. WHEREFORE, Plaintiff Country Side respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Gloria Beecher in the amount of Twenty- Nine Thousand, Four Hundred Forty-Five Dollars ($29,445), plus prejudgment interest, post-judgment interest, and costs. Respectfully submitted, McNEES WALLACE & NURICK LLC Attorney I.D. 56880 Charles T. Young, Jr. Attorney I.D. 80680 Garrett H. Rothman Attorney I.D. 88471 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Fax: (717) 237-5300 DATED: Attorneys for Plaintiff, Country Side Village Homes, Inc. February~-, 2003 9 COUNTRY SIDE VILLAGE HOMES, INC., Plaintiff, V. GLORIA BEECHER, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORDER AND NOW, this d~ay of ~ , 2003, upon consideration of the Plaintiff.s Motion for Writ of Seizure, and good cause shown, a hearing in this matter is hereby scheduled for the ~day of ~~~ 2003, at ?,'3~)in Courtroom Number ~ of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00809 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRY SIDE VILLAGE HOMES INC VS BEECHER GLORIA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BEECHER GLORIA but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 12th , 2003 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 39.80 .00 76.80 03/12/2003 R~. Thomas K~ine~-~ Sheriff of Cumberland County MCNEES WALLACE NURICK Sworn and subscribed to before me this SHERIFF'S RETURN - REGULAR CASE NO: 2003-00042 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN COUNTRY SIDE VILLAGE HOMES VS GLORIA BEECHER KENNETH W HALL , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon BEECHER GLORIA the DEFENDANT , at 1125:00 Hour, on the llth day of March at FRANKLIN COUNTY SHERIFF'S OFFI 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to GLORIA BEECHER a true and attested copy of COMPLAINT , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 6.00 Surcharge 10.00 Mileage 5.80 39.80 Sworn and Subscribed to before me 'this / [ day of ~ · Notary So Answers: KENNET~y ~ HALL/y By/Deputy~ Sherif~f 03/li/2003 CUMBERLAND COUNTY SHERIFF In The Court of Common Pleas of Cumberland County, Pennsylvania Counrty Side .Village Homes, Inc VS. Gloria Beech~r SERVE: Gloria Beecher NO. 03-809 civil Now, March 5, 200't , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the reqUest and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within by h=ding to ,20 c.)~, at l/: ~ g- o'clock , /~M. served the and made known to (~/,'w'[(l_ -~ .~c'q~/~'f. copy ofthe original (~_r~zx?rr~_~--//~ the contents thereof. Commonwealth of Pennsylvania: County of Franklin : Sworn and subscribed before me this I ~ day of /vb4-c/t , 20~03 So answers, Sheriff-of ' County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT COUNTRY SIDE VILLAGE HOMES, INC., Plaintiff V. GLORIA BEECHER, Defendant IN THE COURT~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 03-0809 CIVIL TERM IN RE: WRIT OF SEIZURE pRDER OF COURT AND NOW, this 24th day of March, 2003, hearing herein is continued generally, in accordance with the agreement of the parties as announced in open court and in their presence. The matter may be relisted upon the request of counsel. By the Court, Charles T. Young, Jr., Esquire P.O. Box 1166 100 Pine Street Harrisburg, PA 17108-1166 For the Plaintiff Gregory H. Knight, Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 For the Defendant :mae COUNTRY SIDE VILLAGE HOMES, INC., Plaintiff, GLORIA BEECHER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-809 Civil PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark this matter discontinued and settled with prejudice. McNEES W,~,LLACE & NURICK LLC By Jonathan H. Ru,.dd~ ~Esq~'. × Attorney I.D. 56880 Charles T. Yo~ung, Jr. Attorney I.D. 80680 Garrett H. Rothman Attorney I.D. 88471 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: (717) 232-8000 Fax: (717) 237-5300 Attorneys for Plaintiff, Country Side Village Homes, Inc. DATED: May 20, 2003 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by U.S. first-class mail, postage prepaid, upon the following: Attorney for Defendant Gregory H. Knight, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Charles T. Young~,J,~. ~,~ ~,,~'~/v Counsel to Plaintiff Dated: May 20, 2003