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HomeMy WebLinkAbout07-1609 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07 - 11Oq Complaint in Civil Action - Replevin Filed on behalf of: Green Tree Consumer Discount Company Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount ) Company, ) Plaintiff, ) V. ) Judi L. Ruby, ) Defendant. CIVIL DIVISION No. Complaint in Replevin NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 0 7- I G o 9 Cu?L( 1..c._._ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. COMPLAINT COUNT I - REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, by and through its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in Replevin: 1. Green Tree Consumer Discount Company, hereinafter referred to as "Plaintiff' or "Green Tree," is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania and has its principal place of business located at Stonewood Commons III, 105 Bradford Road, Suite 200, Wexford, Pennsylvania 15090. 2. Judi L. Ruby, hereinafter referred to as "Defendant," is an individual whose last known address is 305 Walnut Ln., Carlisle, Pennsylvania 17015. 3. On or about April 11, 1995, Defendant purchased a 1992 Colony Factory Crafted Homes Keystone Manufactured Home, Serial Number SQ03993A, (the "Mobile Home") from Chesapeake Mobile Homes (the "Seller") and entered into a written Manufactured Home Retail Installment Contract and Security Agreement (the "Security Agreement") for the payment of a portion of the purchase price thereof. A true and correct copy of the Security Agreement is attached hereto as Exhibit "A." 4. Sellerassigned its interest in the Security Agreement to Plaintiff, Green Tree. Green Tree perfected its security interest in said Mobile Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B." 5. Plaintiff avers that the approximate retail value of said Mobile Home is $11,000.00 and that the said Mobile Home is in the Defendant's possession and believed to be at Defendant's address as stated above. 6. Defendant defaulted under the terms of the Security Agreement by failing to make payments when due. As of March 15, 2007, the Defendant's payments of interest and principal were in arrears in the amount of $829.54. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of March 15, 2007, is $11,047.16. 7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile Home is attached hereto as Exhibit "C." 8. Defendant failed to cure the default or return the Mobile Home upon Plaintiffs demand. 9. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of said Mobile Home. 10. The Security Agreement provides that in the event of default, Defendant will pay: a. the reasonable attorney's fees of seller or of seller's assignee, provided that prior to commencement of legal action such fee shall not exceed $50.00; b. court costs and disbursements; and c. costs incurred by seller or of seller's assignee to foreclose on the Mobile Home including the costs of storing, reconditioning and reselling the Mobile Home. 11. In order to bring this action Green Tree Consumer Discount Company was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests: a) judgment against Defendant to recover the Mobile Home, plus detention damages, special damages consisting of interalia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. COUNT II - DAMAGES By way of separate and alternative pleading, Plaintiff, Green Tree Consumer Discount Company, alleges the following: 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though fully set forth. 13. This Count is brought in the alternative to the relief sought in Count I. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests: a) judgment against Defendant in the amount of $11,047.16 with interest and late charges plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. Erin P. Dyer, squ PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 VERIFICATION Carmine M. Amelio, Regional Manager and duly authorized representative of Green Tree Consumer Discount Company, deposes and says subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. GREEN TREE CONSUMER DISCOUNT COMPANY Carmine M. Amelio, Regional Manager LAGreen Tree\GenerallVerification.Amelio.wpd GT•10.39-001 (111641 hW.Fu-- V V• ".'l?tkE 10, _ 1 41 q 1 ' . PENNSYtYANIA MANyFACTURED HOME RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT (CONY.. FHA • VA) D15B ?? KATY:. 4/21/95 Date A rzl i1? 1995 ACCOUNT # 73317943 BUYER: RUEY, JUDI L. , pa 1 LOT 113 PARADISE 1f1IP.) ELOLl4I b1.D. PA 17069 SELLER: CHESAPL4= majILE not= OF. CRElOi TRBE AEEOTTSTOitlt I11C. 3076 CARLISLE BD PO 80% 152. DOYEI<. PA 17315 ASSIGNEE: CO NStMER DISCoupT cowAay. 300 WrnUtr PNUA SrIFT$ 4a D, PII18a[rRM, PA 13236 MKICENTAGE RATE CHARGE {The east of my credit a a he dope[ amount tko tnedy gab.) alit VA C49 M Li will Sr vantage Insurance ) anyone I s required but I ;V obtain it from checked want that is acceptable to You. If 1 get the insurance below from you or through you. I will pay you 3 337.00 'Of insurance protection for a term a1 X Comprehensive f$ 250100 01"2" Yea, x Flood deductible) X Liability . p/A Other p/A Vendor's Single Interest Amount Tote, of payme Financed 910 amount I wilt hire 'The amount of endit pra• Paid aRe 1 have made all ?ided to me or on my be r.) Paym"Wr a sehldelld ) $ 24737.00 LS 56336 40 Amount 0f PaymEntS 4 312.90 Monthly br SECUBITy: I am giving a security interest in: _X The goods or property being purchased. FILING FEES: # 20. oo Real property located at of the DaymCnl', -` whichever ' is ! SEA GE: N a Payment is more than _ 1S days tote, l will be charged $ 5.00 _ of 2.000 ? REPAYM: Someone off ea ASSUMPTION: S rly, f may be entitled to a refund of part of the finance charge. Orig inal terms. al terms. buying my home may, subject to conditions, be allowed to assume the remainder of the Contract on the See the Contract document below for arty additional information about nonpayment, default, any required repayment in full before the scheduled datc, and prepayment refunds and pcna,Ves. 1- Cash Sale Price -- ' ..W iincluding Taxes of) $__1300.00 g 3 3as0. 0 2. Gross Trade-in ............. $ 9500.00 1 0 Las A010911 Owed an Timm-in s 00 ' Net Trade-in .............. $ 9sco.o0 Description: Make Vl0?Ls Year 1972 'Size 6s x 12 - 3. Cash Down Payment .... $ • .00 4. TOW Down Payment ....................... - g 5. Unpaid Balance of Cash Sale Ri 9so0. a0 ce (1 - 4) .. 6. Paid to Public officials ,+$ z430.00 44 7. Paid to Insurance Companies zD.oO B. Paid to Appraiser. . + $ 337.00 .. ......... 8. a. Paid to + b. Paid to + g .00 G. Paid to + S . 00 d. Paid to s S .00 e. Paid to + 4 .00 f. Paid t a 5? ?? a0 o q. Paid to + S_. _ ---Looo 10, Prmeipal Balance, (5 + 6 + 7 + 6 + 9 a.-p.I .... + S + a .00 2473 7.00 1 1- Prepaid Firlame Charges . 12. Amount Financed 110 - 11) •00 ,,,,, $ 24131.00 1992 COlpxy 19 01 coral god of my prr- dune oa Credit, i)lcl ft )my doom P "Want of $ 9500.00 $ 65836.40 Due Credit We and Disability Insurance are not required to obtain - W and will not be provided unless I sign and agree to pay the additional Bost. The term of this insurance is _ Do years. 1,11A Single Credit Life Insurance 111A Joint Credit Life Insurance a -,-- .00 S DO 1t/A Single Credit Disability insurance • $ .00 Tout $` . o0 means property on page --a 5 03993A L4 x ao frrJrs Sq,M+r. inc.. >a. CIWO. MN 17-NO.397.2291) Pwm CT-MNmCL11Z/A 12JeJM oarosala er-to-ascot rt z" -.-,. fplpr r 0131 EXHIBIT "A" Hr'K_iV_1 p• Stove Refrigerator U e --,Washer 737, ')'yet Air Conditioner Wheels/Axles ribs PLIRCHASE• i have the Option of buying the ° 3 ge t as the 'Cash Sala Price', and the dit pricernis shown n°pape 1 asBMt$ Tota( Sale buying . f choose to f SECURITY INTEREST. 1 rve ou otal or Guying o credit. The cash Purpose for giving ? g you A security interest in the Manufactured Home and a price is shown on this security interest is to secure any Pro y buy on credit. I may have in premium refunds Or proceeds under any insurraance c nder his Contract. I also grant you a securrit interest n an ininterest Ovefing the Manufactured certificate of titis or ownership, financing statement of other document Hems. tar 1 agree to execute an Manufactured Home, Only the counterpart labeled ' necessary to erg any st iat he Commercial Code definition in of fact in Pennsylvania original" may create a security interest in chattel ypw security interest in the 4. PAYMENTS AND LATe CIIA paper according to the Uniform RGI: f will shown on pay you the amount shown as the "Total of Payments' 5. PREPgyge 1.yI also agree to pay a late char a for late pa mert? as shown on BALANCE OF THIS ayy 1 CONTAACH 1 HAVE THE Rl°GNT TO PiEpAY ALL OR ?AA1' OF THE according to the payment schedule Prepayment of the *finance ? NY Pa Na ? ?I to the next that a than UNPAID ? Prepayment in an amount less $26.00 well be considered a will be applied at a a Eelva me a refund of part part Pay of the ment of the 'Amount Financed' at the newt payment due' Any prepayment in an amount of S25.00 or mare figured b Finance Charge. An prepaid t scheduled payment date. If t prepay this Contract in full, you win by the actuarial method, except that you wi l assume mdeeailp ymentston the due fates this refund. The refund will be amount is less than 61.00. dates. 1 will not pet a refund if the 6. NQ WARRANTIES: I agree that there are no warranties of any MvfactWed Home A3 IS and WTM ALL FAULTS and THE ENT Wit a cvyT the QUManufactured ALITY AN Home. I A buying HE the MANUFACTURED 110111!; IS WITH ME. 1 agree a AS TO THE and Any i AND PERFORMANCE Particular purpose are that any implied warranty of merchantability and OF THE T, specifically excluded and do not cover the Manufactured Home. This No Warranties a^Y implied pliad provision warranty does s not fitness apply to for o the extent that arty law prohibits it and it does not cover any separate written warranties. PROTECTION OF THE MAINUFACTUREp 7. pay all taxes. charges and lot r n womae I will: jai keep the Manufactured Horne in (b) lease or otherwise transfer e t due for the Manufactured Home and the good condition and not commit waste; Mil, leatur the Manufactured Home; (d) not attach the Manufactured Home to any real estate all the ad Home will always be treated as Personalpropiarty unless treatment; and (el not let anybody else have any interest in the Manufactured Horne, nt in writing and state law permits such 0- INSURANCE: I will keep the Manufactured cgntrarY with an insurance con Home insured epainst such risks and In company satisfactory to ou. I will arrange for you to be named and In such amou amounts as you may rea to pr fY require as loss written fewY You for evidence the of fist insurance ti that s requ requce,ested err You from time to time. If you finance the r Y fire policy. I agree to provide you repayad u for the agent of Now choice so welt a gnu ma to the contract rata of interest. I authorize you such insurance for ms,f will licens me. l agree that the insurance company y solicit the purchase of credit, r Yo to furnish account data to a C e- I Ag to th so. You may make arty payments due under the P real y, warranty or other the insu from Marwfact o d so. or may do whatever you think is necessary to be sure that an proceeds poky diof rectly the to you, tyou and will l di be rrect used the to repair repair ice so tha poff this Contract. I give you a power of attonteY (which I cannot cancel! so that you ma do whatever you the need to In order collect the insurance D?ouxads, If 1 fait to obtain. maintain or pay for the required insurance, or it ! fat! t you to o be e named d as s los toss payee. You may treat that as a default of m Purchasing to! purchase such il>suranCe, If you y obligations under this Contract, o a?^flt for the insurance, plus interest Purchase such insurance, 1 will immediately repay you for any amourns you, are in It t owe you for plus i up to the contract rate of interest or, at Your Option in sum for these debts any insurance (or for late charges. attor y 0 Pay You over time as a workout of the On Pace 1 until such bey timid my man ? fees or cvriection costs!, t het understand that I owe an additional they Principal and interest payment, MY monthly Payment will therefore be greater than that stated b in full- . 9. DEFAULT: 1 will be in dots are Contract; or Oil f file a case orsom e ne else files rse against me, under the United Stafessfaith that the PeYment on time; or (a) I do not keep any of my Other promises under this Manufactured Home is in danger or that I will not be able to continue Bankruptcy Code: sc tits) ) our feel in does ot?app ly if this Contract is guaranteed by the Vateran•s Administration. You w I pave merta default desc y rift surrender or abandon the Manufactured un der (iv) does v cure ole the default. you m Home. i will have the right to cure the default tduriring the notice period except I dew qt remaining ay do either or both of the following: Cal g balance of this Contract less the refund described in the Prep pYou etund^ matte me to immediat chin repossess the Manufactured Home. Once you get possession of the Manufactured Home 1?y You the entire sell, after expenses, i7 leis ttmrt what I owe you. (will paragraph above; and/or (b) ftapt?ssasslon: You when You repossess, You may dispose of it as provides lawou he difference. It there is any you may ? it. It the amount from the Your spend moneyy to correct my dispose default, f Will by default, you can do whatever is necessary to correct My?aHOmt 10. CURE OF REFto con I t cure pay you back Immediately with interest at the contract rate of interest. at feast 45 days after Y a default a any time before tide the must tacturad Hoare i5 transferred from me, which will be (a) ail amonts which o dthave beeen due in tube ab cure the default. (must pay: Ibl reasonable attorney's fees plus court costs and actual out-of-pocket expeensseess as urther defined in is any late charges that are due, paragraph 12, (d) reasonable mate which are actually incurred for detaching and transporting the Manufactured Home to the site of sale, (e) perform any other Obligations under default. three 13) times in any calendar year. 1 must also perform any other obligation I would have had to perform in the absence of default. I have the right to cure a default up to 11. !NOTICE: Except- tar r any notice required under. a this Contract shall be g iv in tic PPlicable law to be given in another manner, this such other haddeat as all b t: iv I sin dosng by mailing such notice by oertifled mail, addressed to me t?°tb>c Mice to Horne provided address for in mail, return re gnats by notice to you in writing, and tbb any notice to you shag be ien ip H d t sated, to Your address stated herein or to such other address as you may 12. ATTORNEY' F , if you hire an attorney who is rota given in writing by ¢artifiet possession of the Manufactwed Horne or to enforce ?? employee to collect what I? ousts by notice to rice in writing. Plus essio efts and actual used -pocket ea my +greements herein, I may be required to under this Contract or to get Plu MISCFLtAs and actual o Penes. If state law provides for a limit on attorney's f es, I wig pay arayNthe legs limit. 13. Contract can PROVISIONS: This written Contract is the onl agreement that covers m only be modified or amended, or provisions in it waived i iven purchase of the You. You can decide not to use or eMoree any of our fights upl. by a written yy property. This time for making some payments without f your oths. (undner this tract without losing them. For a ample you can Contract Waned tt time or it, all other parts can is t enforced. 1 agree e y part of this Contract cannot be enfor dishonored check or parts negotiable instrument pay You all allowable charges for the return by a deppoositor of a law which Prohibits any requests rafter closing a correct effort nude cone ? extent provided pry institution of a still be to any feque is d "this Contract oattetrransact?yl age tO?Otdate with you dditio?rnpp seined necessary by you to complete this transaction. to provide hny And all addrtianal Y.w,• ay,e.... one.. !?. Cam, nru 1i4an0.7q.234 tr r.,na ar#rlglCtwtr'A 1 21&V4 90104ft? ail-taas.°ot (prat? rasa 2 .I ?) APR-10-1995 1603 GREEN TREE CptfS DlbL 14. ARBITRATION: All disputes, claims or controversies arising from or relating re this Co is Contract made or the pursuartier by bindnp arbitration b y one arbitrator. selected b ? ?`'""" coa?q,e in and shall be verned Y You with nay Consent. This agreant to a hOtsty si allibe resol to egtered in a?? co go by me Federal Arbitration Act at 9 U.S.C. S ?tl y ?rt having jurisdiction. The parties agree and understand that ctiio n I. Judgment upon the award rendered may be Isputes. The parties understand that they have a right to litigate disputes in through arbitration except as provided herein. THE PARTIES VGLUNT they hoses arbitration instead of litigation to resolve JURY TRIAL EfTgg p court, but that they prefer to resolve their disputes PURSUAf11T TO ARBiMT ARILY AND KNOWINGLY WANE ANY RIGHT THEY H1AEW}, The parties agree ?N UNDER THIS CLAUSE OR PURSUAcaNTtawsseT HAVE TO A includi and understand that all dis O Atat COutoURTlawanryACTiQdN BY YOU tAS PROVIDED but not limited to, all contract, tort and property disputes will Putts all other taws be suarisingbject tounder binding arbitration in accord with this Contract., The Parties agree that the arbitrator shalt have all powers provided by law, the Contract and the agreement of the parties. These powers shall include all legal and equitable remedies including, but not limited to, money damages, declaratory relief and injunctive relief. Notwithstandin anything hereunto enforce No escort g the contrary, you retain an option to use judicial (fil' a lawsuit) or nonyudicial relief to tr agreement relating to the Manufactured Home secured in a transaction undying this arbitration agreement, to enforce the monetary obligation secured by the Manufactured Home or to foreclose on the Manufactured Home. The institution and , maintenance of a lawsuit to foreclose upon any collateral, to obtain a monetary judgment or to enforce the security agreement shall not constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Contract, including the filing of a counterclaim in a suit brought by you pursuant to this provision. [::::RSIJANT HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND ICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES HERETO OR WiTH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE L NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. E TO BUYER: 1. DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK NOTIC SPACES. 2. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT • YOUR LEGAL RIGHTS. 3. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE BOX ON PAGE 1. BUYER ACK OWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. tore otBuyer JUDI L. nuBY ; r---- Seger hereby sods. stet ASSfGMYIt(T BY SELLER Cne and trancters its entire right, title and interest in the Contract end the legally to Assignee. To induce, Assignee to purchase Seller warrants that: lei the Contract eropertY ?nbed therein valid and enforceable To u and arose from the ea Ne of the Contract, nd Guars i setoff; ("copies of val Contract and an other documents from signed party; (b) the Contra prior is subject to no defence, counterclaim ld(d) S Sellooer has complied d' by the euverls) were given to the Buyer ior not a consummation: has Wiitrth all applicable federal. state and local sews. regulations. rules se and cell-manses; (e) the Boyar is not a minor and lies 1 with all Contreot; It) the Property is iron and clear of all Bern and encumbrance* free and except the aacurity interest legal capacity to sthe right this recorded interest to taw indicating tacsecurity interest granted to Seller constitutes a valid first lion on granted herein 11i end Sauer has the filed to re part thereof was to law Axindirectly g first secured party; (h) the down payment shown on the face . - has been received nd by or t thereof of the vaBuyer ne directly e al in the credit applications bye hel l; to Buyer, G1 all atatsmrnte of fact made in rho Convect sled all statements 'made and rain (0 Buyer has any other forms relating to the Contract are true to the best of Boner'* knowledge physical damage insurance in the amount of the indebtedness; (k) there have been no material changes in the Buyers' income. Indebtedness or employment and no other materiel changes funding the Contract. If there is a breech of any of the fora' sq 4n bees, as loan approval and funding, This t a condition toe s aftr'w knowledge with respect thereto or Assignee's reliance thereon, Sslhi Was$ as solely dstennbwd by Assipnea, without regard s the ,upon demand, for the amount then unpaid pkoc costa and expenses mac unconditionally to repurchase the Contract from Assignee. upon with the for thei method) , whether the Contract cos shag thincurred by Aart(Inse (adjusted for unearned flr4nca chit from any loactuar ts, ial a or claims of any. not be, in default, and to IndemnifY Wand charge in accordance and out-of Y by reason of such broach of werront end hold Ass ha?tnlaes pocket expenses. y, including attomeys' tees. court caste. disbursements Senor further. agrees that in the event Buyer asserts against owing under the greet t t or in defense of r Assionee any claim. Wanes or counterclaim represented to Buyer by c r or that 5 rpoeseasion on the assertion, either arW or written, that the Prot is detective, eany sum Asspne to demand, repurchase the Cortetrf or r fum to honor any warranty or service tc is wig, not as in accordance with the r chase t m dl p Assigns and A 0er^? of Sd* or the manufacturer, Seger will, upon pay sslQrnee the full amount remsmin unpaid {adjusted for unearned mtorest defense or counterclaim shell be meritorious and without awaiting costs ores including attorneys' I see. whether or not any such claim, egress to indemnify, defend and hold Assignee harmless from rIcetion of Buyo?'c claim, defense or counterclaim; and Seder also out-of pocket expense. any such claims, including attorneys' fees, court costs, disbursements and The (lability of Seiler shed not be affected by any extension, renewal or other chart in the release, settlement or compromiss of or with any party liable for payment thereof, the^^ee, place or terms of payment any srecu, or thereunder. Assignee shall not be bound to exhaust ito recourse iyar o , or the noraa or cu security before e titled toe payment by the Sailer heraundar. Seller wolves notice of scceptanceagainst h?yr or a other person or any see t an before being Contract and any other notices required by low and waives all astoNe and counterclaims, notices of nonpayment and nonperir nc?ttofdths In addition, this Assignment includes that certain the Seder, this Assignment shed bit provision to follow, provided that, if nano of the following provisions has been chocked by Contract is and shall n without nee ?+p?ed to havelebr en chocked cked "Wirth Recoursee in art ': A. "Wilthout gt?ss". The assignment of the numbs of month y separate dealer apresnaont between Seller and Ateigrwe relating to the purchase of Contracts, III. "(,inked Rrosurrve"vlnethe er rot of defsuh of Buyer before Buyer she# have paid the (y payments under the Contrast ere set forth below under "Limited Recourse", the Sailor will upon demand, repurchase the Contract from Assigneo for the full amount remaining unpaid under the Contract. C. "A Manufactured Home, the Seller will, upon damond, repurchase the Contract from the Asoi ?~ll if amount Ass?Ine f°pO??ses the Contract. 0. "With Recourse". The Seller unconditional peas for the mull amount id under unpaid under the egress to purchase the Contract from the Assignee, upon dt?mand guarantees or thpament of full e full amount then amount remaining he Co trader the be in default. t and E. "Limited Repurchase". In the event of default of Buyer before Buyer rtPer whenever the ants under t shed be in ct as sot forth below under "Limited Repurchase", the Sollor will, upoon dem ananl d repurchase hove paid the number a monthly a Anms *for the tun as remaining unpaid under the Contract if the Ascignee repossesses the Manufactured r the Contract from the a;prtr for the tl amount Seder. by signing below, executes this Contract and also sosign o the same to the Asatines in accordance with the foregoing provisions. The Senor's Assignment will also Inc der that certain provision sat forth above which is checked below: , I A. 1 B. Limited Recourse { '!1 Title ) C. Repurchase J ) D. With Recourse ( } E. Limited Repurchase Payments 8~@ sw[nr. Ina. SL CMM' MIY 11-Ma•3e7.2" tl hrm eT•MMMRCIAZ?A 171064 Assigned to First Bank National Association As Trustee Payments Comm" aT taaaOOt flnisei 6raae or ?1 3 "I: = 73 DEPARTMENT OFTIC NSPORTATfC N ;.:CERTIFICATE OF, Tl_TIE"FOR A VEHICLE 95122QD230D6?b9-DQ? ? •Y SQQ3993A. ` ... 92 COLONY - I TU [ 4571I4606302: RU ro 1. v ?CAT ? ION NUMBER YEAR MAKE OF VEHICLE 13 . ` TITLE NUMBER ?` Y ~ I ' 'BOOY'TYT+E' 2%D31 g2 f °_ OUR 1 SEATCAP UNLADEN WEM.NT : 4?4 OYWR R f .. TRLEBRANDS ' •- . DATE PR TITLED . I S/]t2/95 j 5/12/95 DATE OF ISSUE I I3 EXEMPT,(I , PR.- TITLE STATE ODOM. PROCD. DATE OOOU. MILES I ... OPOM. STATUS ' • I Y• • , - 000MEMR STATUS '' , I ?' .dtt?.::«rC "{? i ?? • 0- ACTUAL MILEAGE t' YLEAOE EJCEEDS THE MECK,4r I 3_ NOT TIEACTIMLMIEAGE ODOMETER DISCLOSURE EXEMPT 'BY FEDERAL. LAW ?- NOT THE ACTUAL MILEAGE ODOMETER ?- AAeUGF?R DcSCLGMME REGISTERED OWt'ERISI 3 JUDI- L RUBY }? 1 LOT 11 I TrtLEeRANDs A - AMTIOUE VEHICLE _ C - CRASS C VEHICLE 13 F-OUT OFCDuNTRY PARADISE MHP G -OIIOIMy MFGD FOR NDN.Ua J NEWISLOOMFIELD' PA 17068 y H - AGRICUUts AI VEHICLE I, L-LOGGIHOVEHICLE P- FORM R E LY A POLICE V94CyE RECONSTRUCTED / . s - STREET Roo [ -• ;? Y+RPI,OVETEp THE FT YFtICtE Y - VDICIE WNUM REISSUED TiTiii NV w-FLODDVENCIE FIRST UETl Rrg1 OR ? SECOND LIEN F71VOR OF:` GRE'N_TREE CO %- FORMERLY A TAIa; t . NSUMER ti DISCOUNT. CC CI e:a sacorq IiatlfaypaT is Wild WW NBsWtn of tM &W W Dr firms EartltclGar rtllASt TaTwIN Ilya Two to Dta Butssu at mow Whdn a. ft Spar LoG RELLum IPPlooriad term Xw taw y0.- ? SCCOFO tENi--. =+aC>• . Y e MAIUA4 ADDRESS GREEN TREE CONSUMER DISCOUNT CO PO BOX 18306 PITTSBURGH PA 15236 t? fM- W I c«uw aI a m. wr. « aI w. nw onieal aGprG, ,;hePblr>sylvattil O,D„D,,,ra BRADLEY' L MALLORY a Tr+Daoortat R r stla y that 00pus*n(s) or oDlnoar y ttanwGl.Tait is tnatwktl owror a INS sad wr cM. ® Secretary of Traasport¦tioR SUBSCRIBES AND SWORN Mawr aDalwq to VII VAN a fdbNltar. Otlw Pwn.YOtF f0aww /FMQt oh tl TO BEFORE ME IN." ItloeLw r ro stick iI onaGwa, utla wa 0a haws rw -Twwft to Catewn-. MIT. DAY AR A O deed %nmb wth If9PA tl Swvm w oa Ian oeaat of ana ownr. Ila gm C1 to B r.oa CuM1 cm oYfh a- oww. i-Im t of bcateea u r axes To tw or Iw Ira or awtrt ' 31311A -now ADUA&WANG OATH LIEN F 110 LIEN 0 ATE' El CHECk BOX r NAME LLI )c. r.. 7 , .?.. BrREET cl) CITY i STATE LIEN OA ao'w&. e. Iten9wd Ite'eDY racket aAOTrataon ror Cent.m of Titlm to th. vwtrAa aerxrpo an tMbjeDl n tlw enCltlnDrAncas ink cawr Neal clan sm rrw rwn. SECO Au E E rn ri 11 NAME STREET - EXHIBIT "B" LP AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens) X MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (IIO), NM, NY, NC, ND, OH, OK, OR, PA RI, SD, TN, TX (HO), UT, VT, VA, WA, WV (LH), WY X NOTICE OF DEFAULT l? !''? nitEn EE AND ?+, f f it RIGHT TO CURE DEFAULT Date of Notice: 02/01/2007 Certified Mail Receipt No. 71067112169413301984 Judi L. Ruby Green Tree Consumer Discount Company 305 Walnut Ln 105 Bradford Rd SC III Suite 200 Carlisle, PA 17015-7820 Wexford, PA 15090 800-643-0202 Account No: 733179436 Creditor: Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of. 2 payments past due(plus $0.00 in fees and charges) totaling $410.75. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $410.75, which consists of $410.75 for past due payments and $0.00 for late charges, or by doing the following: _ NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $11,322.00 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This is and at¢e t jyp6{Jfct a debt and any information o TI (Please Prvrt c dl -b'1 8. D•1• of Delivery I 10/04 O o I Cl) D¢ j C3 !-j! W CC i 3. Service Type CERTIFIED MAIL i Q W 4. Restricted Dellvery? (Exam Fee) ? Yes W U W ! t. Amide Addressed to: --t j W<z CC 2 O zaa ?m W cc - ? v X ?Agent ? Addressee ' -M-? M D m o. Is deevery eddraaa dltlere t Born "M 17 ? Yes H YES, order doll"ry address below: ? No C C _ -0 M D Z r M Z D m U F m _ M > Green Tree Consumer Discount Company m m M M Tempe III m m O m 7 South Kyrene Rd > m tpe, AZ 85283-4583 p z v L EXHIBIT "C" nr?ro/ aoceipt , 7J C 0 c OK w tv W cri r p 0 10 Green Tree Consumer Discount Company, Plaintiff vs. JUDI L. Ruby, Defendant No. In the Court of Common Pleas of Cumberland County, Pennsylvania 07- 1609 Civiglox Civil - Replevin Please enter my appearance on behalf of the Defendant in the above. To Prothonotary 19 Attorney for, No. Term, 19 .r--- vs. Filed PRAECIPE 19- Atty. r ? y ... ?5:3 ? 7 I'D ' •. t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff V. Judi L. Ruby, Defendant : CIVIL DIVISION No. 07- 1609 Complaint in Replevin ANSWER 1. Admitted. 2. Admitted. 3. Denied. Exhibit "A" does not appear to be a true and correct copy of the Agreement between the parties, and Defendant demands strict proof thereof at trial. 4. Denied. Defendant is without information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at trial. 5. Admitted that the mobile home is in the Defendant's possession, but denied that the retail value is $11,000 and strict proof thereof is demanded at trial. 6. Denied. Defendant made all payments that were due and is not in arrears pursuant to the agreement. 7. Admitted. 8. Admitted that Defendant did not return the mobile home, but denied that she had an obligation to do so, or that there was a default to be cured. 9. Denied. Defendant is not in default under the Agreement. 10. Denied. Plaintiff has not provided Defendant a true and correct copy of the agreement, so that Defendant is without information sufficient to form a belief as to the truth of the averment. Proof thereof is demanded at trial. 11. Admitted. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and judgment entered for Defendant. 12. No response required. 13. Plaintiff is not entitled to the relief sought as Defendant is not in default pursuant to the agreement. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed and judgment entered for Defendant. MIDPENN LEGAL SERVICES By: Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, hereby state that I served the enclosed ANSWER on the following person at the following address on the 4`h day of June, 2007 by first class U.S. Mail: Erin P. Dyer, Esquire 5743 Centre Avenue Pittsburgh, PA 15206 Geoffrey M. Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 VERIFICATION I, Geoffrey M. Biringer, attorney for the Defendant, Judy L. Ruby, hereby state that the Defendant is unavailable to verify this enclosed Answer within the time allowed for filing, that her attorney has sufficient knowledge and information to file the pleading on her behalf, and that the Answer is subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities, and that the facts set forth herein are true and correct to the best of his knowledge, information, and belief. Geoffrey M. Binnger, Attorney f Defendant r) 0 O C7 o t, r , n?73 ' _TJ . SHERIFF'S RETURN - REGULAR CASE NO: 2007-01609 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS RUBY JUDI L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon RUBY JUDI L the DEFENDANT at 1005:00 HOURS, on the 30th day of March , 2007 at 305 WALNUT LANE CARLISLE, PA 17015 by handing to JUDI L RUBY a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 00 3V Sworn and Subscibed to / before me this day of , So Answers: R. Thomas Kline 04/02/2007 DYER LAW FIRM By ?/ = -!;1111 Deputy eriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter Judgment by Default in favor of Plaintiff Green Tree Consumer Discount Company and against Defendant Judi L. Ruby for her failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty days from the date of service thereof. Defendant was served with the Complaint on March 30, 2007, and her answer was due to be filed on April 19, 2007. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the Defendant at her last known address and to her attorney of record, if any, on May 1, 2007, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 1992 Colony Factory Crafted Homes Keystone Manufactured Home, Serial Number SQ03993A, that being the relief demanded in the Complaint. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Green Tree 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 Attachments: Ten Day Notice -- Exhibit "A" Affidavit of Non-Military Service & Last Known Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendants. CIVIL DIVISION No. 07-1609 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. Certificate of Mailing Judi L. Ruby 305 Walnut Ln. Carlisle, Pennsylvania 17015 Date of Notice: May 1, 2007 Certificate of Mailing Geoffrey M. Biringer 401 E. Louther Street Suite 103 Carlisle, Pennsylvania 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ?? % ?f sAk Erin P. Dyer, Esquire 7W 7 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tre EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION No. 07-1609 Civil Term Plaintiff, V. Judi L. Ruby, Defendant. AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS ERIN P. DYER, Attorney, being duly sworn according to law, deposes and says that he makes this Affidavit on behalf of the within Plaintiff, being so authorized avers that Defendant's place of residence is 305 Walnut Lane, Carlisle, Pennsylvania 17015, and that she is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i?? Erin P. Dyer, squir PA ID Number: 52748 Attorney for Green Tree 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 f7 O c ?? __ rzz-M-,r a -r7m i ?dJ n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION No. 07-1609 Civil Term Plaintiff, V. Judi L. Ruby, Defendant. PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary, kindly issue Writ of Possession in the above matter and direct the Sheriff of Cumberland County to: 1. Deliver possession of the following described property to Green Tree Consumer Discount Company: 1992 Colony Factory Crafted Homes Keystone Manufactured Home, Serial Number SQ03993A. 2. Inform Judi L. Ruby that she has ten (10) days to remove personal items. I After ten (10) days a motor truck will transport the 1992 Colony Factory Crafted Homes Keystone Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile Home with a new lock for later transport. 4. Levy upon any property of Judi L. Ruby remaining after the above-mentioned time period and sell her interest therein. 4?4_ Erin P. , squire PA ID Number: 52748 Attorney for Green Tree 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 EE 0 C v ( ' O e w 1 1 c w w w 1 1 0 •-.> S= C-21 q Za? V - • "It. W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY VS. No. 07-1609 Civil Term JUDI L. RUBY 305 WALNUT LN CARLISLE, PA 17015 Costs Attorney's $ 149.30 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) GREEN TREE CONSUMER DISCOUNT CO MPANY being: (Premises as follows): 1992 COLONY FACTORY CRAFTED HOMES KEYSTONE MANUFACTURED HOME, SERIAL NUMBER SQ03393A (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Curtis R. Long, Prothonotary, Common Pleas Court of Cumberland ty, PA Date JUNE 4, 2007 (Seal) 2of2 No 07-1609 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY VS. JUDI L. RUBY 305 WALNUT LN. CARLISLE, PA 17015 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 149.30 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: ERIN P. DYER, ESQUIRE 5743 CENTRE AVENUE PITTSBURGH, PA 15206 412-361-1000 I.D.# 52748 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION No. 07-1609 Civil Term Plaintiff, v. Judi L. Ruby, Defendant. Judi L. Ruby 305 Walnut Ln. Carlisle, Pennsylvania 17015 NOTICE Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT BY DEFAULT has been entered against you in the above proceeding. 12, r honotary of Cumberla ounty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term CERTIFICATE OF SERVICE do hereby certify that on June 1, 2007, 1 served a true and correct copy of the Praecipe for Entry of Judgment by Default, Pa. R.C.P. 236 Notice, Praecipe for Writ of Possession, and Writ of Possession, by sending same via United States First Class Mail, postage prepaid, to: Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 By: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 cz? = c c.3 J ? w -? Z By virtue of this writ, on the day of . I caused the within named , to have possession of the premises described with the appurtenances, and Writ of POSceccinn Returned Stayed by Atty 7/13/07 Swom and subscribed to before me this Day of , Sheriff's Return Docketing 18.00 Surcharge 20.00 Poundage .94 Prothy 2.00 Milage 6.72 47.66 ? q- ^, .I? So Answers, S riff By Advance Costs: 150.00 Sheriff's Costs: 47.66 102.34 Refunded to Atty on 7/13/07 71/,167 c,. c v r \__., I 1.1 45 d. at WTO C=iz S 5 y i u ( .. / 9,r Y.2 P' 2of2 No 07-1609 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY VS. JUDI L. RUBY 305 WALNUT LN. CARLISLE, PA 17015 WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Atfy $ 149.30 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: ERIN P. DYER, ESQUIRE 5743 CENTRE AVENUE PITTSBURGH, PA 15206 412-361-1000 I.D.# 52748 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary Where papers may be served day of . I caused the within _, to have possession of the premises described with the So Answers, Sheriff By Deputy W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY VS. No. 07-1609 Civil Term JUDI L. RUBY 305 WALNUT LN CARLISLE, PA 17015 Costs Attorney's $ 149.30 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) GREEN TREE CONSUMER DISCOUNT CO MPANY being: (Premises as follows): 1992 COLONY FACTORY CRAFTED HOMES KEYSTONE MANUFACTURED HOME, SERIAL NUMBER SQ03393A (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date JUNE 4, 2007 (Seal) Curtis R. Long, Prothonotary, Common Pleas Court of Cumberlan o ty, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount CIVIL DIVISION Company, No. 07-1609 Civil Term Plaintiff, V. Judi L. Ruby, Defendant. Motion For Issuance of Writ of Seizure Filed on behalf of the Plaintiff: Green Tree Consumer Discount Company Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term MOTION FOR ISSUANCE OF WRIT OF SEIZURE AND NOW comes Green Tree Consumer Discount Company ("Green Tree" or "Plaintiff") by its undersigned attorney and, pursuant to the provisions of Rule 1075.1 of the Pennsylvania Rules of Civil Procedure, moves for a Writ of Seizure upon Notice and a Hearing and sets forth the following: 1. Green Tree filed a Complaint in Replevin against Judi L. Ruby (the "Defendant") at Civil Division Number 07-1609 Civil Term, seeking to recover possession of a 1992 Colony Factory Crafted Homes Keystone Manufactured Home, Serial Number SQ03993A (the "Mobile Home"). 2. A copy of the Complaint in Replevin is attached hereto, incorporated herein, and marked as Exhibit "I" to this Motion. 3. The Mobile Home is secured collateral for repayment of the Defendant's loan with Green Tree who finance the Defendant's purchase of the Mobile Home. 4. The Defendant default on monthly installment payments to Green Tree and Green Tree initiated this civil action to recover its collateral. 5. Through counsel, the Defendant filed an Answer to the Complaint denying the failure to make timely payments. 6. Green Tree allowed sufficient time for Defendant to prove payments were made or to cure the arrearages. 7. The Defendant failed to tender any documentation or payments. 8. Green Tree elects to proceed under the applicable provisions of the Pennsylvania Rules of Civil Procedure with regard to the Complaint in Replevin and, after Notice and hearing, provided that Green Tree establishes its probable right to possession and no counter-bond is filed, have the Sheriff deliver possession of the Mobile Home to Green Tree. WHEREFORE, the Plaintiff, Green Tree Consumer Discount Company, requests this Honorable Court -to set a date for hearing and, after service of -Notice and Hearing, issue a Writ of Seizure, directing the Sheriff to take into possession the subject property set forth more particularly at Paragraph 1 of this Motion and to deliver the property to Plaintiff in the following manner: (a) Plaintiff will supply ten (10) days notice to parties found in possession of the mobile home to remove personal items; (b) After ten (10) days the Sheriffs Deputy will accompany Plaintiff's representative to the mobile home, forcibly removing any individual remaining in occupancy of the mobile home, oversee the removal of any personal property remaining in the home, and allow Plaintiffs representative to secure the home by changing the locks. BY: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Ruby, JudAMWOS.wpd VERIFICATION I, Erin P. Dyer, Esquire, attorney for Plaintiff, Green Tree Consumer Discount Company, hereby state that the Plaintiff is unavailable to verify this enclosed Motion within the time allowed for filing, that its attorney has sufficient knowledge and information to file the pleading on its behalf, and that the Motion is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities, and that the facts set forth herein are true and correct to the best of his knowledge, information, and belief. 1?5? BY: Erin P. Dyer, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, CIVIL DIVISION No. 01 -1?.O? Filed on behalf of: Green Tree Consumer Discount Company Complaint in Civil Action - Replevin V. Judi L. Ruby, Defendant. EXHIBIT I Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 RECEIVED MAR 2 8 2007 DYER LAW FIRM, P.C. Y W ? ? IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPTOF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT; THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount ) Company, ) Plaintiff, ) V. ) Judi L. Ruby, ) Defendant. NOTICE CIVIL DIVISION No. Complaint in Replevin THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. COMPLAINT COUNT I - REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, by and through its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in Replevin: 1. Green Tree Consumer Discount Company, hereinafter referred to as "Plaintiff" or "Green Tree," is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania and has its principal place of business located at Stonewood Commons III, 105 Bradford Road, Suite 200, Wexford, Pennsylvania 15090. 2. Judi L. Ruby, hereinafter referred to as "Defendant," is an individual whose last known address is 305 Walnut Ln., Carlisle, Pennsylvania 17015. 3. On or about April 11, 1995,. Defendant purchased a 1992 Colony Factory Crafted Homes Keystone Manufactured Home, Serial Number SQ03993A, (the "Mobile Home") from Chesapeake Mobile Homes (the "Seller") and entered into a written Manufactured Home Retail Installment Contract and Security Agreement (the "Security Agreement") for the payment of a portion of the purchase price thereof. A true and correct copy of the Security Agreement is attached hereto as Exhibit "A." 4. Seller assigned its interest in the Security Agreement to Plaintiff, Green Tree. Green Tree perfected its security interest in said Mobile Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title is attached hereto as Exhibit "B." 5. Plaintiff avers that the approximate retail value of said Mobile Home is $11,000.00 and that the said Mobile Home is in the Defendant's possession and believed to be at Defendant's address as stated above. 6. Defendant defaulted under the terms of the Security Agreement by failing to make payments when due. As of March 15, 2007, the Defendant's payments of interest and principal were in arrears in the amount of $829.54. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of March 15, 2007, is $11,047.16. 7. Plaintiff provided Defendantwith thirty (30) days notice of intent to repossess the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile Home is attached hereto as Exhibit "C." 8. Defendantfailed to cure the default or return the Mobile Home upon Plaintiffs demand. 9. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of said Mobile Home. 10. The Security Agreement provides that in the event of default, Defendant will pay: a. the reasonable attorney's fees of seller or of seller's assignee, provided that prior to commencement of legal action such fee shall not exceed $50.00; b. court costs and disbursements; and c. costs incurred by seller or of seller's assignee to foreclose on the Mobile Home including the costs of storing, reconditioning and reselling the Mobile Home. 11. In order to bring this action Green Tree Consumer Discount Company was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests: a) judgment against Defendant to recover the Mobile Home, plus detention damages, special damages consisting of interalia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. COUNT II - DAMAGES By way of separate and alternative pleading, Plaintiff, Green Tree Consumer Discount Company, alleges the following: 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though fully set forth. 13. This Count is brought in the alternative to the relief sought in Count I. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests: a) judgment against Defendant in the amount of $11,047.16 with interest and late charges plus detention damages, special damages consisting of interalia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. 99;701-?? Erin P. Dyer, squ PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 VERIFICATION Carmine M. Amelio, Regional Manager and duly authorized representative of Green Tree Consumer Discount Company, deposes and says subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. GREEN TREE CONSUMER DISCOUNT COMPANY Carmine M. Amelio, Regional Manager LAGreen Tree\General\VerificationAmelio.wpd c• r L" UI = +._ 1 412 Sd4 8102 P.01X04 cT•10•3 9-00t n2ts4t mwp= PENNSYLVANIA DISBURSEHENT DATE- 4/21/95 fC,n ANVFACTURED HOME RETAIL INSTALLMENT CONTRACT ACCOUNT # 73317943 AND SECURITY AGREEMENT (CONY. - FHA - VA)Date April 11, 1995 •BUYE R: RUNT, JUDI L„ Ito 1 LOT 111 PAMDTsE 1480, IIEW 3LOGti4MD. PA 17069 SELLER: CBLSAPEM 1101ILE RQ= OF. ABBOTISTOO M, 3076 I: 11SLE ED PO BOX 1529 DOVES. PA 17315 GREEN TREE ASSIGNEE. COHSL'dU DISCOUNT COWARY, 300 {irEYlJY]i PLAZA SUITS 4eo, p=rgZ1=, p& 13236 Ai11FeUAt. PERCENTAGE RATE Ps tost of mq me as a rNrly rata.) FINANCE Amount CHARGE Financed he War amount tka =own of erdd Pre- credd vill cul ma.) ridad is me at 1m my bebop.) Total of Payments au amour I xdl twx paid after 1 have made ad pTts+sati a SClta6Ulad l Total Sate price [Cfa fatal cwt of my pw- do ? trail'is ludial ury down 711YWAt Of 9500.00 } 13.00 % S 31599.40 S Z4737.00 S 56336.40 $ 65836.40 My payment schedule will be: Number of Payments Amount of Payments When Payments Are Due loo 312.98 Monthly beginning May 15, 1995 SECURITY: I am giving a security interest In.X The goods or property being purchased. heat property located at HUNG FEES. i 2Q °o [ATE CHARGE: If a payment is more than-15- days late, f will be charged S 5.00 or 2.00 % Of the payment, whichever is MS PREPAYMENT: If I pay off early. I may be entitled to a refund of part of the finance charge. ASSUWWT ON. Someone buying my home may, subject to conditions, be allowed to assume the remainder of the Contract on the anginal terms. We the Contract document below for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. 1. Cash Sale Price (including Taxes of) $ 1360.00 ¢ s3ee0.00 2. Gross Trade-in ............. ; 9500.00 Lass Amount Oxtail an Tnnta•ta $ _ .00 Net Trade-in .............. $ 9500.00 Description: Make vl)w .E Year 1972 Size 65 X 12 3- Cash Down Payment .... S .00 4- Total Down Payment ................................ - $ 9so0. 00 5. Unpaid Balance of Cash Sale Piictr (1 - 4) .., + $ ' ` xe9a0.0o S. Paid to Public Officials .............................. + $ 20.00 7. Paid to Insurance Companies .................... + $ 337.00 8. Paid to Appraiser ..................................... +6 .00 9. a. Paid to + $ .CO b. Paid to +¢ .00 c. Paid to f ¢ .00 d. Paid to + $ .00 e. Paid to 4 $ -0o f. Paid to + $ _.Go g. Paid to +6 .00 10. Priaeipal 13a(ern:e (5+8+7+$+9 a.-9.l.... +4 34737.00 1 T. Prepaid Finance Charges........ .................. $ .00 12. Amount Financed (10 - 111 ..................... $ 24737.00 1442 COLONY NrYU.s Simians, tnc.. 1h. Cleve. MN 17-WQ-347-21911 F WM %T-M°111Q1WA '121111114 Physmal Damage Insurance is required but t may obtain it from anyone I want that is acceptable to you. It I get the insurance checked below from you at through you, l will pay you = 331.00 'for insurance protection for a tern( 0L 01 yea, X Comprehensive t$ 250.00 . " deductible) IL Flood X Liability " WIA Other NIA Vendor's Single Interest M Credit Life and Disability insurance are not required to obtain credit and will not be provided unless I sign and agree to pay the additional cost. The term of this insurance is 00 years. eta Single Credit Lite insurance 4 .00 R/A Joint Credit Life Insurance S • Oo slA Single Credit Disability Insurance $ .00 Total S" •00 ? I X ,c 1 = Signature of Buyer() led Date :URITY_AGREEMI:N7 ur" means the Seller and the Assignee (after the Contract is ed home and any other property described below and on pace 2. nd Security Agreemen rr K S 0399sA 14 X so omal>rae oT-10.39-001 (12/951 (Pepe t di 3) EXHIBIT "A" YKEt 1 ? U17t, G Oe/VJ4 Stove _Refrioerator Washer Dryer Air Conditioner Vv''heeWAxfes PURCHASE: I have the option of buying the Manufactured Home for the cash price or buying an redit. The cash price is shown on page 1 as the 'Cash Sale Price% and the credit price is shown on page t as the 'Total Safe Price'. I choose to buy on credit. 3. SECURITY INTEREST; I give you a security interest in the Manufactured Home and any property added to it or attachcd. The purpose for giving this security Interest is to secure my obligation under this Contract. ( also grant you a security interest in any interest i may have in premium tetunds at proceeds under any insurance covering the Manufactured Home. I agree to execute any appficatioc, for certificate of title of ownership, financing statement or other document necessary to perfect your security interest in the Manufactured Home. Only the counterpart labeled 'original" may create a security interest in chattel paper according to the uniform Commercial Coda definition in effect in Pennsylvania. 4. PAYMENTS AND LATE CHARGE: t will pay you the amount shown as the "Total of Payments" according to the payment schedule shown an page 1.1 also agree to pa a (ate charge for late pa meat as shown ay 1. 5. PREPAY ?il?t?? o: t HAVE THE RIGHT TO pa meat ALL Oan RWAT' OF THE UNPAID BALANCE OF THIS CONTRACT W)TH T ANY PENALTY. i understand that any prepayment in an amount less than $25.00 wilt be considered a prepayment of the "Finance Charge' and applied io the next monthly payment due. Any prepayment in an amount of $25.00 or more will be applied as a prepayment of the 'Amount Financed' at the next scheduled payment date. if I prepay this Contract in full, you will give me a refund of part of the Finance Charge. Any prepaid finance charge will not be included to figure this refund. The refund win be figured by the actuarial method. except that you will assume f made all payments on the due dates. I will not get a refund if the amount is less than $1 .00. S. NO WA)iRAfOT1ES: h agree that there are no warranties of any type covering the Manufactured Home. I am buying the Manufactured Home AS IS and WfTH ALL FAULTS and THE ENTIRE RISK AS TO THE QtiAUTY AND PEAFOROMNC9 OF THE MANUFACTURED HOME IS WITH ME. I agree that any implied warranty of merchantability and any implied warranty of fitness for a particular purpose are spccificatly excluded and do not cover the Manufactured Home. This No Warranties provision does not apply to the extent that any law prohibits it and it does not cover any separate written warranties. 7. PROTECTION OF THE MANUFACTURED HOME: I will: (a) keep the Manufactured Home in good condition and not commit waste; (bl pay all taxes, charges and lot rent due for the Manufactured Home and the real estate it !s located on; (cs not Move, use illegally, sell, lease or otherwise transfer the Manufactured Home; ld) not attach the Manufactured Home to any teat estate and the Manufactured Home will always be treated as personal property unless yo4 consent in writing and state law permits such cgntrary t(eatment; and eel not let anybody else have any interest in the Manufactured Home. 8. 1NSUAANCE- I will keep the Manufactured Home inured against such risks and In such amounts as you may reasonably require with an insurance company satisfactory to you. I wig wtanga for you to be named as loss payee on the policy; I agree to provide you writteA evidence of insurance as requested by you from time to time. If you finance tile, purchase of any such insurance tar rrie, I will repay you for the cost of that insurance, plus inmetest up to the cortraat rate of interest. I authorize you to furnish account data to a licensed insurance agent of your choice so such agent may solicit the purchase of credit, property, warranty or other insurance from me. I agree that the insurance company may make any payments due under the policy directly to y6u, and 1 direct the insurance company to der so. You may do whatever you chink is accessary to be sure that any proceeds of the Insurance win be used to repair the Marwtactured Morns or pay off this Contract. f give you a power of attorney (which I cannot cancels so that you may do whatever you need to In order to expect the insurance proceeds. It t fait to obtain, tnaintaln of pay for the required insurance, or it I tau 14 arrange for you to be named as loss payee. you may treat that as a default OI my obligations under this Contract, and you may (but are rut required col prushaise such insurance. at you purchase such insurerice. 1 will immediately repay you for any amounts you spend in purchasing the insurance. plus interest uP to the contract rate of interest or, at your optmN pay you over time as a workout of the obligation. tt i owe you for any irtsuranee (or for (ate chargCS, attarnty fees or collection costs), t understand that 1 owe an additional sum for these debts beyond my morttttty principal and interest payment. My monthly payment will therefore be greater than that stated on page 1 tmtil such additional debts are paid in fuN. S. DEFAULT: 1 will be in default it . f do not make a payment on time; or (ii) I do not keep any of other promyises under this faith that the Manufact?, Home is in sefiles that I will notsbe mae b, le t o cowntti united StaBThe ?amydt d, sibed der (iv) not app) if this Contract is danger payments. aranteed by the vatoraft s Administration. You will gyve me notice of the default except when t voluMattfy surrender err abandon t)te Manufactured Home. f wit- lieu! the right to cure the defautt during the notice period- If t do not clue the dafatAt, you may do either or bath of tt+e fonowirig: {e) Accabratlan. You can require me to immediately pay you the entire remaining balance of this Contract less the rotund described in the F?repaymarit Refund paragraph aWve- andfar N) Ralmnesslon: You car repossess the Manufactured dome. Once you pet ossasa(on of the Manuractuted Hone you may sell it. it the amount from the sale, after expenses, fs Tess than what (owe you. I wilPpay you the difference. It there is any property left in the Manufactured Home when you repossess, you may dispose of ii as proveded by law. H f default. You can do whatever is necessary to correct my default. It you spend tnor?ty cis correct my default, f win pay you back immediatety with interest at the contract rate of interest. 10. CUBE OF REFAULT; f may cure a default at arty time before title to the Manufactured Home is transferred from me, which will be at least 45 days after receipt of the notice of default, To sue the default. I must pay: (3) all amounts which would have been-due in the absence of default and acceleration. Ib) reasonable attorney's fees plus court costs and actual out-of-pocket expenses as further defined in paragraph 12, le arty late charges that are due. (d) reasonable costs which are actually incurred for detaching and transporting the Manulactw`ed Home to the site Of sale, (e) perform any other obligations under default. I must also perform any other obligation i would have had to perform in the absence of default. I have the right to cure a default up to three 131 times in any calendar year. 11. NOTICE: Except- for any notice required under. applicable law to be given in another manner, (a) any notice to me provided for in thus Contract shall be givan in writing by marling such notice by confided mail, addressed to me at the Manufactured Home address or at such other tidied as 1 may designatd by notice to you in writing, and lb) any notice to you shalt be given in writing by Certified mail, return le". rreeqquested, to your address stated herein or to such other address as you may designate by entice to tine in writing. 12. ATTORNEY'S M: It you hire an attorney who is not a safatod employee to collect what I owe under this Contract of 10 gat Possession of the Manufactured Home or to enforce my agreements herein, t may be required to pay your reasonable attorney's fees plus court'costa and actual out-of-pocket expenses. If state law provides for a limit on attorney's fees, t will pay only the legal limit. 13. MISCELLANEOUS PROVISIONS: This written Contract is the or4y agreement that covers my purchase of the property. This Contract can only be modified or amended, or provisions in it we'ved (given up), by a written modification to this Contract signed try you. You can decide not to use or enforce any of your rights under this Contract without losing them. For example, you can extend the time for making some payments without extending others. It any part of this Contract cannot be enforced because of a law which Prohibits it, off other parts can still be enforced. i agree to pay you all allowable charges for the return by a depository institution of a dishonored check or other negotlabe instrument to the full extent provided by applicable law. I agree to cooperate with you regarding any requests ?f"r dosing to correct errora made concertirg this Contract or the transaction and to provide any and all additional docunantation deemed necessary by you to completa this transactlorr. Qw?kst3Zstew?. Yee., l1-CbwF. Mfr ls•iaQ•i?A?stir Fp?1 GT•MkpitlAt*y 121N? WNW" aT-1M3%•oot (t?roa) rv?r.2.r 3J APR-10-1995 16:01 GREEN TREE CONS DISC 1 412 684 8102 P.03/04 14. ARBITRATION: All dispu claims or controversies arising from or relating to th+? -antract or the parties thereto shall 4e resalved by bindjug arbitration by one aroitratorseletted by you with my consent, This agreement is made pursuant to a transaction in interstate combne'Pfce and shalt be governed by the Federal Arbitration Act at 9 U.S.C. Section 1. Judgment upon the award rendered may be ,entered in a+vy cauR having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to resolve +sputes. the parties understand that they have a right to titillate disputes in court. but that they prefer to resolve their disputes through arbitration except as provided hertin. THE PARTIES YOLUIYTARILY AND KNOWINGLY WANE ANY RIGHT THEY HAVE TO A JURY TfilA?L Ef7f?ER PURSUANT TO ARBiTRACtp(+{ UHIIER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY YOU (AS FROViDID HEitE1N}. The parties agree and understand that all disputes arising under case law, statutory law and all other taws including, but not limited to. all contract, toR and, property disputes will be subject to binding arbitration in accord with this Contract- The parties agrtt [hat ifle arbitrator shaft have alt powers provided by law, the Contract and the agreement of the parties. These powers shat! inGude a!I legal and equitahie remedies including, but not limited to, money damages, dcataratory relief and injunctive relief. Notwithstanding anything hereunto the contrary, you retain an option to use judicial ifiling a lawsuit) or non judicial relief to enforce a security agreement relating to the Manufactured Home secured in a transaction underlying this arbitration agreement, to enforce the monetary obligation secured by the Manufactured Home or to foreclose on the Manufactured Home. The institution and maintenance of a lawsuit to foreclose upon any collateral, to obtain a monetary judgment or to enforce the security agreement shall not constitute a waiver of the right tai any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Contract. including the filing of a counterclaim in a suit brought by you pursuant to this provision. NOTICE.' ANY BOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: ENTITLED TO AN EXACT COPYI OF THIS HE CONIC TRACT IYOUCSIGN. KEEP I T TO BLANK PROTE T - YOURO EGAL RIGHTS. $. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE BOX ON PAGE 1. BUYER ACK"OWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. g{tature orouyer JUDI L. RUBY it Signature of Buyer ASSIGNMENT BY SELLER Sepsr hereby sops, assigns and vansfart its entire right, title and interest in the Contract and the property described therein (the "Proparty"1 to Assignee, To induce Assignor to purchase the Contract, Ssltar warrants that. Jim) the Contract and Guaranty, if arty, are genuine, legally valid and enforceable and areas from the sale of the Property; (W the Contract is subject to no defense, counterclaim or setoff: (c) copies of th1 Contract and all other documents signed by the Buyer(s) were given to the Buyer prior to consummarlon; (d) Seger has compiled with all applicable federal. state and local laws, regulations. rules and ordinances: (e) the Buyer is not a minor and has legal capacity to execute this Contract; (0 the property is free and clear of ail liens and enournbroncas except the security interest prantod heroin and Seiler has the right to assign its interest in the Contract; (a)-the security interest prattled to Selkt constitutes a valid first lien on the Property and has been tiled or fecorded according to taw buftatft Assignee as first secured party; IN the down payment shown on the face hereof has been received and no part tharoof was advanced directly or indirectly by Seller to Buyer; U) all statements of fact made in the Contract and au statements mado by air on behalf of thin Buyer in the credit spplleetlems end any other forms relating to the Contract are true to the best of Rallor'e knowledge and belief: (j) Buyer has physical damage insurance in the amount of the indebtedness; tk) there have been no material changes in the Buyws' income. indebtedness or employment and no other material changes between loan approve[ and funding.. This is a condition to Aest"gnee fundbV the Contract. If there is a breach of any of the foragoing warranties, as solely detaiMhad by Assignee. without regard to the s par's knowledge with respect thereto or ftsignee's ret+ance thereon, Sellet agrast unconditionally to repurchase the Contract from Assignee, upon demand, for the fun amount than unpaid plus coats and expenses incurred by Assignee (adjusted for unearned fiance charge in accordance wfth the actuarial method), whether the Contract thou then be, or tut be, in default, and to Indemnify, defend and hold Assignee harmwas from any lose, damages or claims of any nature by reason of such breach of warranty, including attorneys' foss, court coats. disbursements and out-of-pocket expenses. Sager further, agrees that in the event Buyer asserts againat Assignee any claim, Monte or counterclaim against payment of any sum owing under the Contract or in defense of repogoession on the assertion, either oral or written, that the Property is detective, not as ====repurchase by Seger or that Sager refuses to honor any warranty or service agreement of Seller or the manufacturer. Seger will, upon the Contract from Asslonee and pay Assignea the full amount remaining unpaid {adjusted for unnamed interest in accordance with the actuarial method) plus Assignee's costs and s tr+cfudinp attorneys' fees, whether or not any such claim, defense or counterclaim shall be morkatious and without awaiting o =11.r" of Buyer's claim, defaneo or countarcfairtr and Seller also agrees to indemnify, defend and hold Assignee harmless from any such claims, including attorneys' lass, court costs, dsbusements and out-of-pocket expense. The liability of Sugar shag not be affected by any extension, renewal or other change in the mariner, place or terms of payment thereof, or the release, settlement or eornpromiss of or with any party liable for payment thereof, or the release or nont perfection of any security thereunder. Assignee shall not be bound to exhaust its recourse against Buyer or any other person or any security before beings omitted to tayntant by the Seller hereunder. Seller waives notice of acceptance of this Agreement and notices of nonpayment and nonperformance of the Contract and any ether notices required by law and waives all satoffs and counterclaims. In edditiom this Assignments includes that certain provision to follow, provided that, it none of the following provisions has been chocked by the Sepsr, this Assignment shell be considered to have been checked "With Recourse": A. "Without Rareuraa". The assignment of the Contract is and shall be without raeouuce against tow Seiler except as provided above and in any separate deslar agreement between Seller end Assignee relating to the purchase of Contracts. B. "Linaod Retmurae". In the evert of default of Buyer baton Buyer shall have paid the number of monthly payments under the Contract as out forth below under 'Limited Recouraa", the Seller will, upon demand, repurchase the Contract from Assignoo for the tug amount remaining unpaid under the Contract. C. "Aepwahase". If the Assignee rapocsascse the Manufactured Home. the Seller will, upon demand. repurchase the Contract from the Assignee for the tug amount remaining unpaid under the Contract. U. "With Recourse". The Sager unconditionalfy guarantees payment of the fug amount remaining unpaid undet the Controct and apiece to purchase the Contract from the Assignee, upon demand, far the fug amount then unpaid. whenever the Contract shall be in default. E. 'Limited Repurdwas". In the event of dot nub of Buyer before Buyer shall have paid the number of monthly payments under the Contract as sot forth below under "Limited Repurchass", the Sober will. upon demand, repurchase the Contract from the Aaskpwo for the fug amount remaining unpaid under the Contract g the Assignee repossesses the Manufactured Home. Seller. by signing below, executes tale Contract and ciao assigns the some to the Assigns in accordance with the foregoing provisions. The "tar's Assignment will also Inc de that certain provision set forth above which is chocked below: CMAPLUM im9hiAom O /? ABB0TTS'"0ML_%NQ -- I A. ewron summer. Irer- si, cwA. MN n-ago-3a7.23411 hum GT-WKACLAZPA 12114114 I S. Limited Recourse { Payments Title- Vice President- C. Repurchase ( ) D. With Recourse I } i- Limited Repurchase Payments oT-trio-ant tttrsa) 4w,x a or tl Assigned to First Baffle National, AssociatiOn As Trustee 3 t.- ?743_ Y 7 . 0 00 Lo U1 -4 DEPARTMENT OF-TRANSPORTATION : ;CERTIFICATE-OF Tl.'FTE'FOR .4 VEHICLE ' . - • 95I:2?E1IIZ3at?b?£?9'= DII? ? - ; ' _ . . . . SQ03993A,:: 92 '' COLONY 457046a6302:.RU .•;-r-YYEHICIE IO EtiTIFIGt- QM NUMBER [1 I YEAR 1 ' 'MAKE Of VEHICLE- TITLE NUMBER _ uu } ? ? . - •gOpY YPE••-+' •.. SEAT CAP OUP ?-^ t• _ , ?' ?!]r2/95 1 fII31•g2 1 1: S/3??1`i'S ? Ex€APTr t ? _ DATE PI\TRIED',-. GATE OF ISSUE F F7tiOR TITLE STATE I1 ODOM. PROCD. DATE ODOM. Al1LE5 •• OPON. STATUS 71, ? „ •? A ^' 1 ODOMETER S*M"A O- ACNAL MaEAOE • rt I - MIEAOE E.WEVA THE uEc w cAL ' 'T5''40TTHEAcTLfALuLDw •? 1-NOT Tw-ACSum-6sLt ocomerETt ODOMETER DISCLOSURE EXEMPT "BY FEDERAL'. LAN ' 4-pfE GOq TEn MCTDSUAE REGISTEREO OArNER(S) JUDI L RUBY A-µ TIUZ BRANDS C'CIASAC YEW-ts - LOT i 113 ? F- GUT M COUNTRY r G - OTgNALLY WOO. FOR 1401,141A J, PARADISE MHP DISTFAVVION ?:LwEt,';YA NEW BLOOMFIELD PA 17066 R_ ;a-TEo d, I-R RED THEFT VO CU2 Y - YETNCLE CONIUNaNOSwEO VIN - I w-Famve"all X - FORMERLY A TAXI: ` - FRST Lw}Tf.tfOR Of=... ... - ..... SECOND LIEN FMOR OR T? 5 GREEN,.TREE.CONSURER DISCOUNT'Cq d If:. 10CW4 liw vkr is awed won eaB.I .,. OI " fast Ann, ft By ra; .. FIRST LET/ RELFASW YwntaWsr mint fwwwd pea Tila to dw Bureau ot Motor Vahdn wah,dw' grpro°d6r farm nd boo. {yr ? DATE - A r•J BY St''ODND uEft?+eween t :'"x'• . •+ MAX*4 ADDRESS BY AuretOR RE E5EN NE GREEN TREE CONSUMER DISCOUNT CO PO BOX 18306 PITTSBURGH PA 1583L BRADLEY-L MALLORY I CW ty as of pta date of issue " OBiant MCOAya of pta FbgKylvaPti oapWhnwTT ofTgnapauw-"0jo* mat ft poorwls)or cwopa Y nalr10dh"(sts ptatat Ulowir of tn. said wniclo. t Stcmary of TTanipodaLEoa SUBSCRIBED AND SWORN TO BEFORE ME: >h rOVWXr6 rN ebY msksa wotk.6oh for C MIcat. d Ttas to R. w-wo drx bw .Date, subi.at to th. wwwwawaas aria cm e wai Down sot lane h.r.. wore 000Iwta br two wnh s ca- w w. ow twt.v" soe'aw wan .n. of rn Wodsa Y m bbdk a drOw. L oft will b. its..o an, -Acum n C~ oe. .bw Twoods with M*A of Swv.wsob (an ayfh of ah. ow+s r, tins o••• to CI..Irwrosp o-or). B Q TYtwds iA Carnos lo- dssth of " 0~. iskw of 6oc.a.d owtrr \ = Oa••b ti. r hsr hen or waMi IAEN IF tVUEN E OAT@ CI•ECK BO:T ` Y 4 9SFiE£T f9rY -- LIEN o M- F NO LIEN CHECL. BOX SECOND UEN MDER NAME y STREET Zw EXHIBIT "B" AL, AZ, AR, CT, DL, jC, FL, GA, IA (LH PAM, ID, IL, IN, KY, LA, MA (Lim„ .AD, ME (LH First Liens) MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA X RI, SD, TN, TX (HO), UT, VT, VA, WA, WV (LH), WY X NOTICE OF DEFAULT AND GRE,T REE RIGHT TO CURE DEFAULT Date of Notice: 02101/2007 Certified Mail Receipt No. 71067112169413301984 Judi L. Ruby Green Tree Consumer Discount Company 305 Walnut Ln 105 Bradford Rd SC III Suite 200 Carlisle, PA 17015-7820 Wexford, PA 15090 800-643-0202 Account No: 733179436 Creditor. Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of. 2 payments past due(plus $0.00 in fees and charges) totaling $410.75. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $410.75, which consists of $410.75 for past due payments and $0.00 for late charges, or by doing the following: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $11,322.00 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash Other payment arrangements may be made by contacting Green Tree. This is an1atRgA?N&(&ct a debt and any information ON DELIVERY j d19Y.g2 b (Pl..se Pmt ckury) e. Daft of wev.y i 10/04 _ i i G s?oa¦a,re O i W Z i ?Apnt 0 , X ?Addressee M A C M W v. k dWK q ¦ddress dmerem rmm roam 11 ? Y. n C cc Q i e YES. emer delivery addres¦ below: ? _ _U 33 ? ? 0 3. Service Type CERTIFIED MAIL NO (1) z r ir J= 1 4. Restricted Delivery? (Ezra Fee) ? Yes Z D_ M U d 1. Article Addressed tD: M WJC7 j mD? W ¢ Z j M m Z ¢ Green Tree Consumer Discount Company p m cc CL Fn _ Tempe III i 33 O F - 0 South Kyrene Rd rn Cf) Q tpe, AZ 85283-4583 z v L EXHIBIT "C" _ DF7Xl leceipt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term CERTIFICATE OF SERVICE I, Erin P. Dyer, certify that on July 21, 20077 1 served copies of the Motion for Issuance of Writ of Seizure, Notice of Hearing, Writ of Seizure, and proposed Order of Court by sending same to the following via United States First Class Mail, Postage Prepaid: Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 BY: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Ruby, Judi\MWOS.wpd cn=l o -^rl .fir". yx• ? "'1'1 - y ? v 1 k AUG 3 3 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term AMENDMENT TO MOTION FOR ISSUANCE OF WRIT OF SEIZURE AND NOW comes Green Tree Consumer Discount Company ("Green Tree") or (the "Plaintiff") by its undersigned attorney and files this Amendment to its Motion for Issuance of Writ of Seizure. 1. In compliance with Cumberland County Local Rule 208.3(a)(2), the Plaintiff avers that no Judge has ruled upon any other issue in this civil action or related matter. 2. In compliance with Cumberland County Local Rule 208.2(4), the Plaintiff avers that on July 21, 2007, the Plaintiff provided the defendant's attorney with notice of its Motion for Issuance of Writ of Seizure and proposed Order. The defendant opposes the Plaintiff's motion. BY: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Ruby, Judi\MWOS Amendment.wpd ?_? -r? i-', r?? ? ,' , ?..?:7 ?`? c ?a _ ? y . ?, ? pUG 07 ?A07 M' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term ORDER SETTING DATE FOR HEARING OF MOTION FOR WRIT OF SEIZURE 'n c. ov - AND NOW, to-wit, this day of S , 2007, upon motion of Green Tree Consumer Discoun;tkompany for an Order for Writ of Seizure, a hearing is set on the Motion for the day of 2007, at 9 . 4 m. o'clock, before Judge, 0.3 Pennsylvania, a copy of this Order to be served upon Defendant not less than twenty-four (24) hours before the hearing. COURT: J. Vol F:\FILEST ients\12804\12804. Lpra Christopher E. Rice, Esquire I.D. No. 90916 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff V. JUDI L. RUBY, To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 1609 CIVIL TERM CIVIL ACTION - LAW Defendant PRAECIPE Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER as co-counsel with DYER LAW FIRM, P.C., as attorneys for the Plaintiff in the above- referenced matter. MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorney I.D. No. 90916 Trudy E. Fehlinger, Esquire Attorney I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 a4l? ? A Attorneys for Plaintiff Date: l '?/lll `?' ?,? ??y ?y ?'?-" ?? m??r Lw? ? r-' ,? ? r AA? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount ) Company, ) Plaintiff, ) V. ) Judi L. Ruby, ) Defendant. ) AFFIDAVIT CIVIL DIVISION No. 07-1609 Civil Term STATE OF NEW HAMPSHIRE ) ss COUNTY OF HILLSBOROUGH ) BEFORE ME, the undersigned authority, personally appeared Bruce Sanderson, who, being duly sworn according to law, deposes and says: 1. 1 am the Regional Manager for Green Tree Consumer Discount Company ("Green Tree"). Green Tree is a Pennsylvania corporation. 2. Green Tree services mobile and manufactured housing loans in the Commonwealth of Pennsylvania. 3. In my capacity as Regional Manager, I am responsible for managing customers' accounts and I am a custodian of the records for the account of Judi L. Ruby, the defendant in the above-captioned-action. 4. Green Tree originated the loan to Judi L. Ruby for the purchase of a 1992 Colony Keystone manufactured home. 5. By October 2006, the defendant's payments were in arrears for several months. C 6 1 it . L 6. On October 18, 2006, Green Tree offered the defendant a four month deferral. With Judi L. Ruby's directive and consent, Green Tree deferred her monthly installment payments for July 15, 2006, August 15, 2006, September 15, 2006, and October 15, 2006. 7. Following the deferral, the defendant's next payment was due on November 15, 2006. 8. The defendant failed to timely tender her first monthly installment after the deferral and failed to tender timely monthly payments thereafter. 9. The defendant's account currently is due for a portion of the July 2007 monthly installment payment in the amount of $48.58, August 2007 in the amount of $417.16 and September 2007 in the amount of $417.16. 10. The current delinquency totals $882.90. 11. The payoff on the loan from Green Tree is $13,169.58 as of October 9, 2007, with interest accruing at a per diem rate of $2.17. 12. The fair market value of the manufactured home is $11,000. 13. Another installment payment becomes due on the defendant's account on October 15, 2007, and on the 15`h day of each month thereafter until the account is paid in full. GREEN TREE C NSUMER DISCOUNT COMPANY v By: Bruce Sanderson Its: Regional Manager Taken, ubscribed this dad to before me 2007. O ARY PUE1L`C v JENNIFER T. OLIVEIRA, NOWY Public LAGreen Tree\Ruby, Judi\Sanderson AffidavQitto3'\mM'd Exp??eS ©Ctobe? 6.2009 p .. C. ?? -n ..., ?: ,_ ?-, c:a --- ?;'7 ; ? ?. ?;? y ?, ?. ?? ?_ ??„ ,. ? ?? ?: 10/10/2007 12:09 4123616800 DYER LAW FIRM PC PAGE 27/30 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount ) Company, ) } Plaintiff, ) V. ) Judi. L. Ruby, ) Defendant. ) ) AFFIDAVIT CIVIL DIVISION No. 07-1609 Civil Term STATE OF NEW HAMPSHIRE ) ss COUNTY OF HILLSBOROUGH ) BEFORE ME, the undersigned authority, personally appeared Bruce Sanderson, who, being duly sworn according to law, deposes and says: 1. I am the Regional Manager for Green Tree Consumer Discount Company ("Greer? Tree"). Green Tree is a Pennsylvania corporation. 2. Green Tree services mobile and manufactured housing loans in the Commonwealth of Pennsylvania. 3. In my capacity as Regional Manager, I am responsible for managing customers' accounts and I am a custodian of the records for the account of Judi L. Ruby, the defendant in the above-captioned-action. 4. Green Tree originated the loan to Judi L. Ruby for the purchase of a 1992 Colony Keystone manufactured home. 5. By October 2006, the defendant's payments were in arrears for several months. 10/".0/2007 12:09 4123616800 DYER LAW FIRM PC PAGE 28/30 I V 6. On October 18, 2006, Green Tree offered the defendant a four month deferral. With Judi L. Ruby's directive and consent, Green Tree deferred her monthly installment payments for July 15, 2006, August 15, 2006, September 15, 2006, and October 15, 2006. 7. Following the deferral, the defendant's next payment was due on November 15, 2006. 8. The defendant failed to timely tender her first monthly installment after the deferral and failed to tender timely monthly payments thereafter. 9. The defendant's account currently is due for a portion of the July 2007 monthly installment payment in the amount of $48.58, August 2007 in the amount of $417.16 and September 2007 in the amount of $417.16. 10. The current delinquency totals $882.90, 11. The payoff on the loan from Green Tree is $13,169.58 as of October 9, 2007, with interest accruing at a per diem rate of $2.17. 12,, The fair market value of the manufactured home is $11,000. 13. Another installment payment becomes due on the defendant's account on October 15, 2007, and on the 15th day of each month thereafter until the account is paid in full. GREEN TREE C NSUMER DISCOUNT COMPANY By: Bruce Sandersbn Its: Regional Manager Taken ubscrlbed an swor to before me, this da , 2007. U ARY PU C XFNN1FER T. OUVEIRA, NOWY Pabrrc cPrnm3Slon ?xpirea ?kober 6'2" UGreen Trae\Ruby, JudASandam,n Affi"devit 3.wpi C3'? LLJ ..? Cad-, ? Y fiu; CD r-- O i .% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term CERTIFICATE OF SERVICE EVIDENCING SERVICE OF ORDER SETTING HEARING DATE ON DEFENDANT'S COUNSEL I, Erin P. Dyer, certify that, in addition to the Notice of Hearing provided by the Court Administrator, and subsequent telephone conversations with defendant's counsel regarding the pending hearing, that on October 9, 2007, 1 served a copy of the Order Setting Hearing Date regarding the plaintiff's Motion for Issuance of Writ of Seizure by sending same via United States First Class Mail with Certificate of Mailing, Postage Prepaid to the following counsel. A copy of PS Form 3817 is attached hereto as Exhibit "A." Judi L. Ruby c/o Geoffrey M. Biringer, Esquire Mid Penn Legal Services 401 E. Louther Street Carlisle, PA 17013 _ BY: 7?? Erin P. Dyer, Esquire =--- PA ID Number: 52748 Attorney for Plaintiff U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSUP-1--0ncrn1e1TF11 Dyer Law Firm, P.C. Received From: Attorneys and Counsellors at Law 5S ?` 5743 Centre Avenue PITTSBURGH, PENNSYLVANIA 15206 O O, One piece of ordinary mail addressed to: L . 61, AA tid' 1 t ri -1 Mid Pe- an Le.?l Seri ie-es W101 E. La?fher Sired Cdrlisle, PA 17013 PS Form 3817, January 2001 CT Ruby, 3uJI " Pleading-04 dice Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current IEOJ A ? I? V1 n EO P 110 a C3 tyj EXHIBIT " C'? ? CJ ? ? ?_ ?, ?- ? a ? rT x ? rig ? __,_ cry :.: -<.- _.._ 7 -?t? ?= ??; _? ?? '?=<:: ? ? -< GREEN TREE CONSUMER IN THE COURT OF COMMON PLEAS OF DISCOUNT COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 07-1609 CIVIL TERM JUDI L. RUBY, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 12th day of October, 2007, hearing in this matter is continued to Monday, November 26, 2007, at 9:30 a.m. vor1n P. Dyer, Esquire Attorney for Plaintiff Xeoffrey Biringer, EsquirE Attorney for Defendant J srs Edward E. Guido, J. Z 1 '•U! WY Z 1 130 LODZ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. Judi L. Ruby, Defendant. CIVIL DIVISION No. 07-1609 Civil Term ORDER OF COURT CANCELING HEARING AND NOW, to-wit, this 91 day of , 2007, upon . d 01410? information from Plaintiff that it reached a resolution with Defendant, Judy L. Ruby regarding the present matter and Plaintiff's intent to discontinue its current civil action against Defendant, Judy L. Ruby, without prejudice, it is hereby ORDERED, ADJUDGED, and DECREED that the hearing in the above-referenced civil action scheduled for Monday, November 26, 20 M., is canceled. Honorable Edward E. Guido LAGreen Tree\Ruby, Judi\Order Canceling Hearing.wpd r I t:?? 1i t i J I 1 ? 5 I j ?.) ??"t 1 C 0 d 63 AON Cell /t a dl "t I t 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, ) Plaintiff, ) V. ) Judi L. Ruby, ) ) Defendant. ) CIVIL DIVISION No. 07-1609 Civil Term PRAECIPE TO DISCONTINUE PURSUANT TO PENNSYLVANIA R.C.P. RULE 229 To the Prothonotary: Please discontinue the above-captioned action at the request to Pa.R.C.P. Rule 229. The discontinuance shall be without of Plaintiff, pursuant deemed to bar the bringing of an action to collect any deficiency prejudice, and shall not be owed to Plaintiff by Defendant. y (or deficiency judgment). Respectfully submitted, Erin P. Dyer, Esquire Attorney for Plaintiff Dyer Law Firm, P. C. 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen TreelRuby, JudikMmpd s•,.? - ?? _ - ---? ?,,> ?, , r.. _ ? ?? 7_, f: ?r ?? wtiY ` ?~: .. .-mow «J..d h^y?i •?