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HomeMy WebLinkAbout07-4677~~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff No. 07- (077 Civil Term vs. ANDREW D SMITH Defendant COMPLAINT IN REPLEVIN FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWII#05930360 IN T`HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. Civil Action No. ~ ~ ~ y~7 ~ ~ ~~^ ANDREW D SMITH Defendant COMPLAINT IN REPLEVIN AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an 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 <i 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. OF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OiJT WHERE YOU CAN GET LEGAL HELP LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COUNT I -REPLEVIN 1. Plaintiff is a corporation having offices at 3850 Arrowhead Drive, Carson City, NV. 89706. 2. Defendant is an adult individual residing at 6404 Salem Park Circle, Mechanicsburg, PA. 17055. 3. Plaintiff is the holder of a Promissory Note (hereinafter the "Contract") and Security Agreement secured by a vehicle duly executed and delivered by Defendant in favor of Eaglemark Savings Bank on or about March 22, 2006. A true and correct copy of the Contract and Security Agreement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Pursuant to said Contract and Security Agreement, Defendant took possession of the vehicle more particularly identified in the Contract as a 2004 Buell XB 125, Serial Number 4MZSX14J543525861. 5. Under the terms of the Contract, Defendant was to make Seventy-Two (72) consecutive monthly payments of $229.54 beginning Apri121, 2006. 6. The total principal amount due to Plaintiff pursuant to the Contract was $10,271..11. 7. Plaintiff maintains a first lien on the aforesaid vehicle by virtue of the Certificate of Title issued by the Commonwealth of Pennsylvania Department of Transportation., atrue and correct copy of the Certificate of Title is attached hereto, marked as 1Jxhibit " 2" and made a part hereof. Defendant is in default of the terms and conditions of the Contract because Defendant has failed to make the required monthly payments. 9. Plaintiff is entitled to immediate possession of said vehicle which Plaintiff holds a security interest in and any proceeds of the vehicle, including insurance proceeds by virtue of Defendant's default. 10. Defendant has .made partial payment under the Contract leaving an unpaid balance in the amount of $1.0,658.41 as of July 27, 2007. 11. Plaintiff avers that the Contract provides for finance charges at the rate of 16.60% per aimum. 12. Plaintiff avers that fnance charges from May 10, 2007 to July 27, 2007 amount to $364.34. 13. Plaintiff has performed all. conditions precedent as holder of all right, title and interest in the collateral, but Defendant wrongfully remain in possession of the vehicle at the above-stated address. 14. By virtue of Defendant's default, Plaintiff has an immediate right to possession of the vehicle covered by the Security Agreement the value of which is $4,980.00, plus continuing finance charges at the aforesaid rate of 16.60% per annum. 15. Under the terms of the Contract, Defendant has undertaken to pay to Plaintiff its reasonable attorneys' fees and costs of retaking possession of the collateral. WHEREFORE, Plaintiff prays for Judgment against Defendant, Andrew Smith, individually, in Count I of this Complaint In Replevin., as follows: A. For possession of the vehicle, more particularly identified as a 2004 Buell. XB 125, Serial Number 4MZSX1.4J543525861 COUNT II ACTION IN CONTRACT FOR IN PERSONAM DAMAGES 16. Plaintiff incorporates herein by reference thereto each. of the preceding paragraphs of this Complaint in their entirety as if the same were more fully set forth herein. 17. In the alternative to Count I, Plaintiff pleads an action in contract as a result of Defendant's default for the accelerated balance due under the Contract in the amount of $10,658.41, plus appropriate additional finance charges at the rate of 16.60% per annum. on the balance due from July 27, 2007 and costs. L` 18. Under the terms of the Contract, Plaintiff is entitled to recover reasonable attorneys' fees and costs of retaking possession of the collateral. 19. Plaintiff avers that such attorneys' fees amount to $1,500.00 to date. 20. Contemporaneously hereunder, Defendant has been. advised of his/her right to dispute the validity of this debt, or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto, marked Exhibit " 3" and made a part hereof: WHI3REFORE, Plaintif f prays for the entry of Judgment on Count II against Defend~uit, individually, in the amount of $10,658.41. plus continuing finance charges at the aforesaid rate of 1.6.60% per annum from July 27, 2007, expenses for retaking possession, attorneys fees of $1,500.00 and costs. WEI,TMAN, WEINBERG AND REIS, CO. L.P.A. James . Warmbrodt, Esquire PA I. 2524 WE~,'I' N, WEINBERG &REIS CO., L.P.A. 27118 K pers Building 4~5 Se enth Avenue P,~ttsb rgh, PA 15219 f41 434-7955 #:05930360 THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL I3E USED FOR THAT PURPOSE. ,. ~ s • Reference No. 4339 bike has over 100 miles-bike is ~~MISSORY NOTE (SIMPLE INTEREST) AND SECURITY AGREEMENT BORROWER Name and Address CO-BORROWER Name end Address LENDER Namc end Address AtiDR£il D SBiTH Eaglemark Savings Bank 6ae4 seLEb Perot cI~cLE c`ESB°) P.O. Box 22048 lfECBIIIICSBUBGy PA 17655 Carson City, NV 89721-2048 Definitions. The words "You" end "Your" mean the Borrower end Co-Borcower(s), if any, who sign(s) below. The word "Lando" mearu F.aglemerk Savinlts Bank, its successors and assigns ("F.SB"). The word "Contract" means this Promissory Note and Security Agreement. The word "Vehicle" means the motorcycle and /or molar vehicle, described more fully below. Promise to Pay. You promise to pay to the Lender the Amount Financed plus interest figured on a daily basis on the unpaid balance as set forth in this Contract and in the Truth In Lending Disclosures set Forth below. ! DESCRIPTION OF PURCHASE ED CO1.0 BUELL 2984 4th x8125 BdCiNG RED 41tZSX143543525861 Description of the body and major items of equipment said: Description of Sale Terms from Bill of Sale: ~~ A Cash Price of Yeh~cle {includins: accessories) $ . ,~ (A) 9. Total Net Down Payment (cash. plus trade-in ,~ allowance if env. minus prior creditor lease naY-o_ff ifanv) S (H) C. Unpaid Balance of Cash Price {A - B *~ C: C m ust coos! amount in Item 3-A. below) S 6~5~ (C) TRUTH IN LENDING DISCLOSURES ANNUAL FINANCE CHARGE Amount Financed Total of Payments PERCENTAGE RATE The dollar amount the The amount of credit The amount You wiEl have The cost of Your credit credit will cost You, provided to You or paid after You have made as a yearly rate. (Estimate) on Your behalf. all payments as scheduled. 16.698~~° $ 6!84.56 ~ 19422.32 $ ~Y`~B Yoor Payment Scltedule Will Be: Number of Payments Amount of Payments en Payments are Due Ores Follows 229.54 ,,,,,,,,y~,,,°;,~ 94121/ U9'IIL PAID I8 FU OF 1. Amount Given to You Directly $ if/e (i) 2. Amount Paid on Yaur Account S Y /- {2) Eagiemark Savings Bank II A wDSidl•ry o1 H•d•y-D•vltl°ao Credit Corp. Prepayment: If You pay off all Yow debt early, You trtlt not have to pay a prepayment premium or penalty. ' Security Interest: You era giving a~security interat ip the goods ar property being purchased. Any of Your property 'securing Your other obligations to I.endcr abo secures Your obligation under tl-is Contract' Late Charges: If any payment is more than ten (10) days late, You will be charged 510 ar 5°k of the (ate amount, whichever is greater, with a maximum of 550. j Addidopal lnformatioa: Sec the other side of this Contract for more information including information about nonpayment, default, any required repaymrnt in full before the scheduled date, and security interest 3. Amount Paid to Otlters on Yaw Behalf A. To (Dealer Name & No.) BATTLEFIELD BeBLEY-DAYIDSDN 4330 S 6995.90 {1 B. Cost of Rwuired Physical Damage insurance raid to insurance company' S H/e tB ~ C. Cost of Options[ Service Contract' „ To: BARLEY DAYIDSOH £ S P $ 1859.90 {C) D. Cost of Optional Credit Insurance paid to insurance company' S Y/A {D) E. Cost of Aptional GAP Contract + e, U, I.S. 333.99 F. Cost of Optional Debt Protection • ~/~ To: S lF) G. Govemment license and/or registratipn fees paid to public officials (describe): 35.99 _ _ __ _ _ s .,,. ~.. {G1 N. Govemment Certificate of Title F~cs paid to public officials S ~ ) I. T TO (dcs~,~ AF PA Sel~S Tog ~ 662 82 For S . Q ) ' To For S ~~ (C~1 J. Other charges (identify who will receive payment end describe purpose):' ' To For S g/e {J') To vn ~ wcr awv nv For . ~~r ~Cii1~i7 c ~ tti ,z. (r) .~ F. Cost of Optional Debt Protection * NIA To: S (F) G. Government license and/or registration fees paid to public officials (describe): s 35. g0 (G) H. Government Certificate of'fitle Fos said to aublic officials S ~ (H) I. T Tens (des~,~t~ OF PA For SALES TA% s ~ 662.82 G,) To For S fib J. Other charges (identify who will receive payment and describe purpose):' ' To For S N/A (J') To aarr4Gr1G4U w For Total Amount Paid to Others on Your (P) 14. AmountFinaoced(I+2+3) S """"" i f41 I • Dealer/Seller and/or Lender nnd/or others may retain, or retxivo, s portion of these amounts. You Authorize the Lender to disburse funds as specified above in the Itcrrtization of Amount Financed. The Annual Percentage Rate may be negotiated with the dealership that sold You the Vehicle. We may share part of the Finance Charge with the dealership that sold You the Vehicle. INSURANCE, FINANCING, AND SERVICE PRODUCTS NOTICE: No person is required, as a condition of obtaining this loan, to urchase Optional Credit insurance, Optional Service Contract, Optional ~AP Contract or Optional Debt Protection, or to purchase, or ne allele, esy insurance through a parheular insurance company, agent or bro~Cer. Required Physical Damage Insurance. Physical damage insurance is required, but You may obtain it from anyone You want who is acceptable to the Lcndcr. [f You choose to buy mtd finance this insurance through Lender, the cost of this insurance is shown in item 3B of the ITEMIZATION OF AMOUNT FINANCED section. THIS SECTION MUST BE COMPLETED Insurance Company: Telephone Number. Term: Months ^ ~ R/A Deductible Collision and either ^ Full Comprehensive (includes Fire, Theft and Combined Additional Coverage); or ^~I N/A DeductibleComprchensivc(includesFire,TluftandCombined Additiona[ Coverage). Optional Credit Insurance. [f Yau want this protection, check the program desired. if You have chosen this protection, and if You finance this protection, rite cost is shown in item 3 D oftlte ITEMIZATION OF AMOUNT FINANCED section. Credit life insurance is based upon the payment schedule and term shown above. This protection may not pay all You owe on this contract if You make late payments. Disability protection covers the original payment amount of the term shown in the TRUTH IN LENDING DISCLOSURES above. if You make late paymcnu, disability protection will not pay all of Your payments. Pease refer to We separete agreement for any chosen program for details on the protection it provides. Credit Life: Eorrower ^ Co-Borrower ^ Joint ^ Credit Disability: $orrower ^ Joint (Where applicable} ^ Optional Debt Protection. Ifyou purchase and finance this product, the cost is shown in item 3F of the ITEMIZATION OF AMOUNT FMANCED section. Sea your Debt Protection contract for details on file protection it provides. CHOOSE ONLY ONE Plan I ^ Borrower only: Accidental Loss of Life, Total Disability{TD), and Involuntary Unemployrnent,(IU). Plan 2 D CaBorrowcr only: Accidental Loss of Lifc, Total Disability {TD), and Involuntary Unemployment (1U). Plea 3 ^ Accidental Loss of Life for Borrower and Co-Borrower; Total Disability (TD) and Involuntary Unemployment (lU) for Borrower only. Plan 4 ^ Accidental Loss of Life for Borrower and Co-Borrower; Tote! Disability (TD) and Involuntary Unemployment (iU) for Co- Borrower only. Optional Serrice Contract, IfYou chooseto btiy and financethis product, the cost of this coverage is shown in item 3C of the lEMIZATION OF AMOUNT FINANCED section. Stx your service contract for details on the protection it provides. ' Optioaal GAP Contract. If You choose to buy and finantx a GAP contract, the wst is shown in item 3E of dte ITEMIZATION OF AMOUNT FINANCED section. Sae your GAP contract for details on the protection it provides. ' I Bornower has requested Lender to include in the balance due under this Contract the following insurance, financing and/or service products. Borrower has;requested Lender to procure insuranec, financing, and/or service products upon ttie Vehicle described above. No insurance will be in force until accepted by the insurance carrier. ~ TYPCs COST Sigaatwe ({f financed) i Decline to {SEE 3D-F) Purchase Initials Crcdu Life S ~/~ 1 wmt Credit Life (Borrower) X Credit Life f g/A 1 want Crrdk Life {Co-Borrower) X i ~/ A Credit Life S We want Credit Life (Joint) X X Cred;t Disab;lity S ~/A l want Credit Disability (Borrowu Only) X Credit Life ~ S B/A 1 want Credit Life do Disability Disability y ~ (Borrower only) X I GAP Contract 5 ~. 0 I AP Contract (Borrower Only) Debt Protection S H/A I want Debt Proladon X 1 aonewar rr' X Co-6arowr Co~Borr. I __ section. Credit life insurance is based upon the payment schedule and term shown above. This protection may not pay all You owe on this contract if You make Iate payments. Disability protection covers the original payment amount of flee term shown in the TRUTH IN LENDING DISCLOSURES above. if You make late payments, disability protection will not pay all of Your paymenu. Please refer to the separate agreement for any chosen program for details on the protection it provides. Credit Life: l3onower ^ Co-Borrower ^ Joint D Credit Disability: Borrower D Joint (Where applicable) D Optional Aebt Protection, lfyou purchase and finance this product, the cost is shown in item 3F of the ITEMIZATION OF AMOUNT FINANCED section. Ste your Debt Protcciion contract for details on the protection it provides. CHOOSE ONLY ONE plan 1 O Borrower anly: Accidents) Loss of Life, Tatal Disability(TD), and Involuntary Unemployment (IU). Plan 2 D Ca-Borrower only: Accidental Loss of Life, Total Disability {'tD), and Involuntary Unemployment (IU). Plan 3 ^ Accidental Loss of Lift for Borrower end Co-Borrower; Total Disability (TD) and Involuntary Unemployrntnt (lU) for Borrower only. Plan 4 D Accidental Loss of Life far Borrower and Co-Borrower; Total Disability (TD) and Involuntary Unemployment {iU) for Co- Borroweronly. THE INSURANCE REFERRED TO IN THIS CONTRACT DOES NOT INCLUDE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS. ' IMPORTANT SIGNATURES AND NOTICES NOTICE: See the other side of this Contract for OTHER IMPORTANT AGREEMENTS. Do not sign this Contract before You read it or if it contains any blankspaces. Yau are entitled to a completed copy of this Contract. If You tail to perform Your obligations under this Contract, the Collateral may be repossessed and You may be liable for the unpaid indebtedness evidenced by this Contract. You signed this Contract and received a copy on )tA)~H ~ Zg86 ~ Borrower/Co-Borrower obligations aro joint and several to each. A Co-Borrower is a person who is responsible far paying the entire debt. Other Owner: An Oihcr Owner is a person whose name is on the title to the Yel»cle but who does noE have to pay the debt. The Co-Borrower and/or Other Owner {if applicable) know that the Lender has a security interest in the property purchased in this transaction ("Collateral's and consents to tl}E security interest. By: CO•BORROWER signs below By: X I Print Hama OTHER OWNER signs below Other Owner print name By: X Other Owner Address aer~:ea r irtoor wwie: ca~:aeconnoac Eaglemark Savings Bank OTHER IMPORTANT AGREEMENTS A subsidiary of Harloy-Davld.on Crsdit Cory. 1. Flaaaee Charge. The Finance Charge accrues each day at the Annual Percentage Rate on the unpaid balance ofthe Amount Financed until paid in titli. Where applicable and not prohibited by law, the Lender will apply each payment first to any past due amounts on the account in the following order: Finance Charges, Insurance Charges, Expenses, Foes and the unpaid balance of the Amount Financed. Where applicable end not prohibited bylaw, payments arc then applied to the Monthly Payment Amount on the account in the following order. Finance Charges, Insurance Charges, Facpenses, Fees and the unpaid balance of the Amount Financed. After all past due amounts (if appGcablc) and the Monthly Payment Amount are satisfied, any excess amount received wilE be applied to the unpaid balance of the Amount Financed. 2. Late Payment and Early Payments The disclosures of the Finance Charge and Total of Payments arc based on the assumption that You will make every payment on the day it is due, according to the Payment Schedule. Since the Finance Charge accrues dairy, You will pay more Finance Charge and Your Finance Charge and Total of Payments wilt be more if You pay late. You will pay less Finance Charge and Your Finance Charge end ToW of Payments wit! be less if You pay early. if You pay early, the effect will be that Your last payment wilt be smaller. If You pay late You may have one or more additional payments. The amount of such additional payment(s) will not exceed the amount shown on the Payment Schedule. may be credited to Your account or used to buy similar insurance or insurance which covers only the Lender's interest in the Collateral. Any refund on optional insurance, debt protection, and service or GAP contracts will be credited to Your account You will be notified of what is done. These credits will be applied fast against accumulated Finance Charges end then against the unpaid balance of the Amount Financed. They will not excuse You from making payments in rxcordance with the Payment Schedule on the front of this Contract. 12. lkfaulh Required Payment in Full Before Scheduled Date. If You fall to pay any payment when due; if You die or are declared legally incompetent; if a proceeding in bankruptcy, re<xivcrship or insolvency is started by You or against You or Your property; or if You break any of the agreemrnts in this Contract (default}, the Lender can demand that You pay in ftdl either 1) allpast duepaymentr, or2J all Yau owe on th/s Contract at once (not Just past due paymentsJ, depending on slats laws. After default, interest will wntintx to accrue at the interest rate (Annual Percentage Rate) shown on the front of this Contract. if You reside in CO, CT, DC, IL, lA. KS, LA, ME, MD, MA, M0, NE, SC, WV, or WI, You will have art opportunity to cure your default* by paying the unpaid past due payments plus the earned and unpaid part of the Finance Charge, arty late charges, and any amounts due because You did not keep Contract promises. 3. Owoershlp and Risk of lass. You agree to pay the Lrndu all You owe under this Contract even if the Vehicle is damaged,. destroyed ar missing. You and any Other Owner ogre! to keep the Vehicle in good condition or repair. You and any Ocher Owner agree not to remove the Vehicle from the United States, end not to sell, rent, lease or otherwise transfer any interest in the Vehicle orthis Contractwithout the Lender's written permission. You and any Other Owner agree to protect the Vehicle from claims of third persons. You and any Other Owner agree not to expose the Vehicle to misuse or confiscation. You and any Other Owner will make sure the Lender's security interest in (lien on) the Vehicle is shown on the title, or ort other documentation saxptabk to the Lender. You and any Other Ownu agree to provide all acts, things and writings as the Lender may at any tirru request to protector enforce its rights in the Vehicle and other collateral. You and arty Other Owner will not do anything to defeat the Lender's lice, If the Lender pays any repair bills, storage bills, taxes, fines, or other charges on the Vehicle, You agree to repay the amount when the Lender asks for it 4. Security Interest. You end any Other Owner grant the Lender a purchase money security interest in the Vehicle specified on the front of this Contract and any of the following that arc purchased and financed in connection with this Convect: (1) any accessories, equipment, and replacementparts installed on the Vehicle; (1) any insurance premiums and charges for service, debt protection or QAP contracts returned to the Lender; (3) any proceeds of insumuta policies, service, debt protection or GAP contracts on the Vehicle; and (4) any proceeds of insurance policies on Your life or health which are financed through this Contract. This purchase money security interest is in addition to any other security interest or lien the Lender holds, or which You art required to provide as a condition of this Contract. The Vehicle and all other property subject to a security interest or lien'in the Lender's favor is called the "Collateral." The Collateral secures payment of all amounts You owe an the Contract and on any transfer, renewal, extension or assignment of this Contract. It also secures Your other agreements in this Contract To the extent permitted by applicable law, the Collateral under this Contract also secures Your other obligations to Lrnder, whether now owing or incurred after the date of this Contract S. Waiver of Suretyship Defenses by Other Owner. Arty Other Owner agrees that Lends may, without notice to or consent from the Other Owner, modify, waive, or enforce any ofl.rnder's rights against a 13arrowerwithout affecting Lender's rights with respect to the Collateral or the Otter Owner, evrn if such action affects the Other Owrser's rights with respect to the Collateral or the Borrower. Any Other Owner waives (i) any right to require Lender to proceed against any person or property, or exercise any remedy, before enforcing Lender's rights with aspect to the Collateral or the Other Owner, (ii) all presentments, protests, demands and notices of pretest, dishonor andnon- performance, and (iii) any de&nse arising out of enforcement of Lender's rights with respcet to the Collateral or a Borrows, even if such enfortxmrnt results in the loss of subrogation, reimbursement or other rights that the Other Owner may have against a Borrower. 6. Prepayment You may prepay the unpaid balance of the Amount Financed in tltll or in part at any time without penalty. If You do so, You must pay the earned and unpaid pert of the Finance Charge and all other amounts due up to the date of payment l3. Repossession of Vehicle [or Default of Contract. Repossession means that (1) if You fail to pay accordiag to the Payment Schedule or (2) if Yau fail to cure your default in those states where the Lender may not take your Vehicle until You are given the right to curt Your default, or (3) if You break any ofthe agreements in this Contract (default), the Lender can take the Vehicle from You. To take the Vehicle the Lender can enter Your property, or the property where the Vehicle is stored, so long as it is done peacefully. if them is any persona! property in or on the Vehicle, such as clothing, the Lender may store it for You. Any accessories, equipment or replacement parts will remain with the Vehicle. 14. Getting the Vehicle Back After Reposseaafoa. if the Lender repossesses the Vehicle, You have the right to get It back. If you reside in CA, CT, DC, 11, MS, NY, Oil, or Wl, which mandate by law Your right to reinstate Your Conbad*, You may get the Vehicle back by paying the unpaid past due payments plus the earned and unpaid part of the Finance Charge and all other amounts due es allowed bylaw, including the cost of taking and storing the Vehicle end other expenses that the Lender has incurred. If you wide in any other state, You may redeem the Vehicle by paying the urrlre arnorrnt You owe on the Contract (not j ust past due payments). The amount You owe will be the entire unpaid balance of the Amount Financed plus the earned and unpaid pert of the Finance Charge and all othu amounts due, including the cost of taking and storing the Vehicle and other expenses that the Lender has incurred. Your right to redeem wiU end when the Vehicle is sold by the Lender. 15. Sale of the Repossessed Vehlele . The Lrnder will mail a written noticcofsale to You no less than ten (iQ) and no more than (20) days (depending on the state you reside in) before selling the Vehicle. If You do not redeem the Vehicle, reinstate Your Contract, or cure Your default {whichever is applicable) by the date on the notice, the Lender can sell it. The Linder will use the net praxeds of the sale to pay all or part of Your debt. The net proceeds of seta will be figured this way: Any late charges and any charges for taking and storing the Vehicle, cleaning and advertising, etc., and either a portion, or all, of any attorney's fees (where permitted by state law) and court costs will be subtracted from the selling price, depending on State laws. If You owe the Lender less than tht net proceeds of sale, the Lender wDl pay You the difference, unless the Lender is required to pay it to someone else. For example, the Lender maybe required to pay another lender who has givrn you a loan and also taken a sexurity interest in the Collateral. If you owl more than the net proceeds of the sale, You may be liable for payment to the Lrnder of the difference between the proceeds ofthe sale and what you owe (deficiency balance) when the Lender asks far tt, unless prohibited by state laws. If You do not pay this amount when asked, You may also be charged interest on the deficiency balance at the Annual Percertage Rate in this Contract, subject to limits under applicable laws, until You do pay all You awe to the Lender. i6. Collectlon Costs Ifthe Lenderhites an attomeyto collectwhat Youowe, You will pay the collection costs, reasonable attorney's fees (where permitted by state law} and airy court cosh. also secures Your other obligations to [.ender, whether now owing or incurred after the date of this Contract. S.'Waiver of Suretyship Defenses by Other Owner. My Other Owner agrees that Lender may, without notice to or consent from the Other Owner, modify, waive, or enforce any ofl.atder's fights against a Borrowerwilhouta$'ecting Lender's rights with respect W the Collateral or the Older Owner, even if such action affects the Other Owner's rights with respect to the Collateral or the Bonrowcr. Any Outer Owner waives (i) any right to require Lender to proceed against any person or property, or exercise any remedy, before enforcing Lender's rights with respect to the Collateral or the Other Owner, (ii) ell presentments, protest, demands and notices ofprotest, dishonor and non- perfomtance, and (iii) any defense arising out of enforcanent of Lender's rights wiilt .respect to the Collateral or a Borrower, even if such enforcanent results in the loss of subrogation, reimbursement or other rights that the Other Owner may have against a Borrower. 6. Prepayment. You may prepay the unpaid balance ofthe Amount Financed in Rill or in part at any time without penalty. If You do so, You must pay the earned and unpaid pan of the Finance Charge and all other amounts due up to the date of payment 7. Required Physical Damage Insurance. You agree to have physical damage irtsurencc covering loss or damage to the Vehicle for the term of this Contract, stowing the Lender (and ip wcceuors and ass(gns) as "additional inanrsd and loss nsLea" At any time during the term of this Contract, if You do not have physical damage insuranx which covers both Your interest and the Lendv's interest in the Vehicle, then the Lcndu may buy it for You. If the Lender does not buy physical damage irnwence which covers both interests in the Vehicle, it may, if it decides, buy insurance which covers only the Lender's interest. The Lender is under no obligation to buy any insurance, but may do so, if it desires. If the Lender buys either of these coverages, it will lot You know what type it is and the charge You must pay. The charge will consist of the cost of the insurance and a finance charge, at the Mnual Percentage Rate in this Contract, subject to limits under applicable laws. , 8. Late Charge. You wiEl have to pay a late charge on each payment received by the Lender moro than ten (10) days late. The charge is shown on the front side of this Contract Acceptance of a late payment or fate charge does not excuse Your • late payment or mean that You can keep making payments after they are due. The Lender may also take the steps set forth in the other applicable sections of this Contract if there is any Isle payment 9. Dishonored Check Charge. The Lender may charge you a S35 Fee for the return by a depository institution of a dishonored check, negotiable order of withdrawal or share draft issued in connection with any payment due undo this Contract. 10. Optional Insurance, Fiaaociog, sad Service or GAP Contracts. This Contract may contain charges for optional insurance, debt protection, and service or OAP contracts. If the Vehicle is repossessed, You agree that the Lender tray claim benefits under these contracts and terminate them to obtain nftrnds ofuntxrrted charges. Il. Insurance, F7aaacing, and Service or CAP Contract Reftrada Received by Lender. If any refund of premium for required insurance is teccived by the Lender, it The net proceeds of sale will be figured this way; My late charges and any charges for taking end storing the Vehicle, cleaning and advertising, etc., and either a portion, or all, of any attorney's fees (when permitted by state law) and court costs will be subtracted from the selling price, depending on State laws. If You owe the Lender loss than rho not proceeds ofsale, the Lender will pay You the difference, unless the Lender is required to pay it to someone else. For example, the Lender may be required to pay another lender who has given you a loan and also taken a security interest in the Collateral. If you owe more than the net proceeds of the solo, You may be Noble for payment to the Lender ofthc difference between the procads of the sale and what you owe (deficiency balance) when the Lender asks for it, unless prohibited by state laws. If You do not pay this amount when asked, You may also be charged intere~ on the deficiency balance at the Mnuel Percentage Rate in this Contract, subject to limits under applicable laws, until You do pay al l You owe to the Lender. 16. Collection Costs. ifthe Lender hires an attorney to collect whet You owe, You will pay the collection costs, reasonabk ettomey's fees (where permitted by state law) and arty coon costs. 17. Decay In Enforclag Rlgbts; Cbaages to Tbia Contract. The Lends can delay or refrain from enforcing any of its rights under this Contract without losing them. For example, !hc Lender may extend the time for making some payments without extending others. You agree to be bound by any document provided by the Lender that changes titc tcnns and conditions of this Contract dos to state and federal law requirements. My change in terms of this Contract must be in writing and signed by the Lender. No oral changes are binding. If any pert of this Contract is not valid, all other parts will remain enforceable. 18. Statements. Upon written request Gem You, the Lender will provide You with a written statement of the date and amounts of payments and the tote! amount unpaid on this Contract 19. Applicable Law. This Contract has been submitted for acceptance and is deemed to have been executed in Carson City, Nevada. Eaglemark Savings Hank is • chartered and regulated by the Slate of Nevada Depanmatt of Business end Industry Financial htstitutions Division. This Contract and Your accountwill be govented by the taws of the State of Nevada and applicable Federal laws. If any provision of this Contract is prohibited by applicable law, such provision will be void, but the remaining provisions will remain valid and enforceable. 20. Warranties Lender Diaclalms. You underetand'that the Lender k not offering any warranties and that there are uo implied warranties of merchantability, of fitness for a particalar purpose, or any other warrandea, expressed or implied by the Lender, covering the Collateral. This provision does not affect any warranties covering the Collateral which may be provided by the manufacturer of the vehicle. 21. Notice ofAaslgnment. Upon receipt and Gtnding afthis Contract by FSB, this Contract will automatically be assigned to Harh;y-Davidson Credit Corp., pursuant to the Master Assignment Agreement in effect between ESB and Harley-Davidson Credit Corp. 22. Questions on Your Account To contact the Lender about this account, call {840) 699-2336. • Note: Some cure and reinstatement states place limits on howoften Yau may con; Your defnult within a specified time or during the term of Your obligation, or reinstate Yow Contract after repossession of the Vehicle. NOTICE: ANY HOLDER OFTHIS CONSUMER CREDIT CONTRACT IS SUBJECT TOALLCLAIMS ANDDEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER r ~~~~RTi~ICATE OF TITLE FQ.R A VE r1G'~~:' 1 _ r____._ u~~ 111i~~1 wl~lu~ ~11~ lu .. 14111 ~ _.~. :. Ftrw N . I Y'$~~ hlh!"' M~'~2E F EkiHJF- ~ ~ ... -'tauM...~• a ~ ~ a ~~ ~ ., roc T`!e~ ~ `~' DvP „a:ArCnP~ p~r~ srArE ~ ~ P~'OCD eArE auat .. TATU9 ~. ~, _ II ~R{ ;:EG ~ DATE OF I&SUE ~ UNLADEN IIJEIGHT ~ ••~ ., • e ~ J ...GVWR ~ ~ ~~ GCWR~~ .~ ~' TCREB ~~. - RANDS 6 1NI ~ R ~A751S ~ _ I; 'w~wI~I. X11 ~ ~iM~W ~I~~ ~~~ IIhWJ. E7lDS r+EyEl ~I 'i~ ~ II~a ~~~ X16 ~. "~_ ~~ 1 T RF[45TEFAED O'q4 - _ - _ 1711 ,~Nlr ~ tih ~ III I . _ - A. ~t ~ NIII ~ ~ ~I ~ ~ ~ tY, l!~N~~I r ~' t _ .F, ~ ~ t: KE~~fI~ . . ~J~ H ~ -, C ~ -y,,,, ~~ -~ -9 IaNItABBA ~ci4n~,4'4EHICLE ~~~ R REC, PFQ'o - _ ,~ J~ j 1 #:.»rppq~ m - ~ ""Y Y Y~nEC`t6 CCC10i31S"~ _1 I'~I -w.JK4~ip.Y4`FIkzE . ,~ FI F}STLIEiN F4bOR (~ -" F < . x. I6lNAS M'fhxi , rv,,: e° sECONOi1L~„~~tv~toP ~.1 4 I ~'' I 1111 ..;II. :. r~ ~~AGLEIS~t.R#~} Sq~y~IHGS BANK 1 ~~; t - ~ - ,. T I _ '.. ~ ~ ii II d 9eoond ~ulJlddef 19 1191ad'I ~ ~ jq{. - - 1lervioW~r must forwera tt~ Title P ~'r FIR~Y EILTM REL&/S~U ~ ~mroPr,.ln roan ara. tee a -Y'~ I If ;1 :'~ r ~' : DATE ~ ' - +c.: BY " ' ~ - - ~ SECOND LIEN RELEASE6 - .: - ~ UYHOAIZED RE FRESENTATItFE - ~ DATE ,,i. ,}: MAILING ~ADDRE55 '. - - , ~, ALfTFIORIZED REPRESENTATIVE - -= 5;~ Ii EASCEMAR~S SAWIN+&S SANK _ PO:BQ,~ F~>~.~~b50 c~~sarj , ~;r~rr rev a972Z ~~~ _ ~ ~,. ~.;. e;,> _ Y., .~~: . ~.V ~=. j ` /~ 6 c~ 6K ~~ I c~rtvy as d IM .vita of ~aC ~. the dfltlJJl fBcolde ~ot the Pemeylvenle Deputmen[ AL y. ~H Q g I CR~~>n+~~ °~ • of TraneporNOOn ronncY ~I Ma Lbrep~(9) a comPn^Y" nNned herein i4 tfw lawhd oWn9r - _ ._ Y+ M tly eafn v~fYtie ~ _ ~~., Seaeta~,n[ TrR~E .puj.c.~3-. BSCAIBEO AMl :,WORN: .~,;1~. R a C~'-pundlae9t'Ed ~1®EFOfjE-1E ~ "3a .: _ ,. t>e listed es '~lpjnt I~' ~ f10{, title 16. a~ r Aa ow 90ee i0 III ""~hh+ - wilt tfe issubd 4Y'rf ~'nl, Ii r' deoearbed Owner go 811144 _ - ! -' . 'A ,F a8lpClt AL4i/VllSfcF~NO Cy,Tr 1 1 ~ ~MI4 , ;. ~qd1 -irc .. - 1ST LIENHOLDER~~~ GITw pf'r! 11L 1 11 ~~i~~,l YF ~iS ~i E4 a NO N y' ~( 2ND LIEN [ aTE: n. ~.wnMy,.c n.giD~•rpWse eF*471ef~ nn c.relbet. a nua m xw ~fae;a,. ,,e.~ '- rt!va. aAM:. n me ~naurk~v+p; .~'bY>rc.~~ da,r^ w porn rre un . t°.~.,,., ..r " 21{.ilA7~tE.E~1~°~IC,Vft Gfi A~1TFL: n1~[D SIONE SIGNATURE OF 00'~'FR.ICAN'YITTfLE OF AUTHOR2EO SI( ~~~ ~;~+ _, r.;: _ C: } ~IN&TI7LlL1CM Ab.". - - --~_ IF NO LIEN, C1iEC ., _,~INI~~ __ .. STREET-: - ~' ~~~ ~tlp - _ '~~I CITY"~, - ." b',TATE ~ 71P: - ECK HEPE n FINANCIAL Jr .. .. IF TH AN E IRED„ ",~ L~ ~ INSTi'TLFTICNJ NO.. - _ . R .~~, ~~~ NOTE SkIP}REQIJ,,., ___.___ ...-._ - __ -. ~~~~...;~ s i ~xi-il~i~' f'~ ~~1 . ~ . ~' ~ ..-:FAIR DEBT:~COLCECTJON PRACTICES ACT30.DAY NOt(CE~ " ~~,.-~••• -~ • .: . ~ . ~ By:law, this law firm~~s required fo~advise you Ghat:uhless~within'30 da §~ • ~ ~ ~~ ~ - .. • • • . y after receipt of :this notice you'dispute'the.validity;of this debtor any portion: thereof, thej•debt~inrill:be~:asst~med :" . "•.~to be valid b~r;us: ~.lf.said riotification.is:seritto us.'in-~aivriting;"we.are'required to•provide~.youwitl~~ - ~ ~' " •verification. of~the ~ .:,•" ~::.. ' . .~ .~ . j . ~ ~ ~ ~ ~ -. ~• :. ~ ~ ~: ~ :. . .. . • debt:.Irt the eve'nf.within ~a.30=day period you~~request:in ~wfiting:the:•name' of. .~ • .~ ` : '. •.the original:•creclitor;~itwill=be provided to~you~~if.different:from the current'cTeditor.. In~~the~~event:: . . ~. •that you tJispute.the debt_andLor request the'name of fhe •ori anal credi}or ~n ' ~ ~ ~ - ~- i. ~' .. ~ ~ .. .. - . ~~. - .. .. _ .. ... 9~ i writing. within~:the . . ..: ~3C-day_period;.~rto~furEher action, will:be taker}.ta obfaiti ajJudgment:in`the pending .~Iawsuit~untiE~ - . - ~~ the verification.andlo~ name of the :original.cred~orfias been.provided~to. you: ~ . ~ ~ = . . ~ ' " • . , rm~~is attempting to collect:this debt for: our client and: any infortnatiori obtained ' .~ ~. • will-be"used for that purpose.:• .: ~ ... . ~ .' ' :. ~~ , -.. , ~. - : ~ - " - .... :::: ~ ~ " ~ - .The above.Notice is being~giyen~ pursuant to the Fair~Debt~Coilection Practices Act and-is ~ .- ~ " :, separste.~and distinct from the: foregoing ~~Complaint~ which must be:responded to iri conformity... • ~ •. . - - with the instructions therein. Because of.the ~differer~ce, in time parameters, we •will hot move fora ,~. . ,Default Judgment for at least thir[jr.: (30) 'days from the~date ~of service of thins Complaint upon. " • .~ you, arid if you request verification, we will not move for•Default.Judgment~~until.a .reasonable::. ". . ~" _~ time after~verification~ has been provided, and after:the~expiration of.the:thirtji (30) day period.. •.. " .: ~ from the ~ciate ~of service...: ~ • ~:. ~ ~ . ., ~" ~ .. ~ " .: ' ... - •, .. _ .:: ~ . .. - .-:' VERIFICATION The undersigned does hereby verify subject to the penalties of I8 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is JOdi ~p~c(i ~ ~r ~` (NAME} JY ~9 a ~ ~ ~ (~C~ r of I~L U 0 l.~ ~I p aintiff herein, that TZE) COMPAI~ he/she is duly authorized to make this verification, and that the facts set Earth in the foregoing Complaint in Replevin are true and correct to the best of his/her knowledge, information and belief. G~LG~ (SIGNATURE) This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. WWR# r~s'a3 n 3G u ~~ ~ ~ '3 d n`~ 0 V ~~ 00 a '~ tTl C'~ "LIr-~' ;(l i ~~r' ~~ C= 3 lT '` C, N O _d G t ~.J w Q ..~ -(77 ~~ ~} T,' ?~ j ;-`'t SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04677 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EAGLEMARK SAVINGS BANK VS SMITH ANDREW D R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ------- -------- - b unable to locate Him in his bailiwick. nn•Rnr T TATm DL'+iTT L~T7T TT ut was He therefore returns the the within named DEFENDANT SMITH ANDREW D 6404 SALEM PARK CIRCLE MECHANAICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. ~--1~ Sheriff ' s Costs Docketing 18.00 Service 28.80 Not Found 5.00 Surcharge 10.00 .00, ~,,,, q~-4I6~ ~ 61.80 So NOT FOUND as to R. Thomas Kline f of Cumberland County WELTMAN WEINBERG REIS 09/11/2007 Sworn and Subscribed to before me this day of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff No. 07-4677-CIVIL TERM vs. ANDREW D SMITH Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, ANDREW D SMITH, by certified U.S. Mail and Certificate of Mailing, addressed to 6404 Salem Park Circle, Mechanicsburg,Pa 17055, averring in support thereof the following: 1. On or about AUGUST 7, 2007, Plaintiff filed a Complaint in Civil Action against Defendant. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiffs Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff s return, a true and correct copy of which is attached hereto, marked Exhibit "1 ", and made a part hereof. 3. Upon receipt of the Sheriffs return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #5930360 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 6404 Salem Park Circle, Mechanicsburg,Pa 17055, a true and correct copy of Plaintiff s Postal Request is attached hereto, marked as Exhibit " 2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 6404 Salem Park Circle, Mechanicsburg,Pa 17055. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which could not confirm the Defendant's current physical address as 6404 Salem Park Circle, Mechanicsburg,Pa 17055 7. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the LexisNexis Total Research System to confirm the physical address of the Defendant. 8. Pursuant to Plaintiff's request for information, LexisNexis Total Research System confirmed Defendant's physical address of 6404 SALEM PARK CIRCLE, MECHANICSBURG,PA 17055, a true and correct copy of the LexisNexis search results is attached hereto, marked as Exhibit " 3 ", and made a part hereof. 9. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WWR#593'0360 WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(x), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (6404 Salem Park Circle, Mechanicsburg,Pa 17055) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. Gt/ William T. Molcz ,Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #5930360 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04677 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND EAGLEMARK SAVINGS BANK VS SMITH ANDREW D 0 SG~~~~ R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SMITH ANDREW D but was unable to locate Him in his bailiwick. He therefore returns the /`1/111e T1T T TTTT ~L+T)T L~[TT TT the within named DEFENDANT SMITH ANDREW D NOT FOUND as to 6404 SALEM PARK CIRCLE MECHANAICSBURG, PA 17055 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO SERVED DEFENDANT PRIOR TO EXPIRATION. ~.~,~-~ Sheriff's Costs: Docketing Service Not Found Surcharge So 18.00 ,/' 28.80 -/' 5.00 /~ R. Thomas Kline 10.00 ~ S riff of Cumberland County 0 0 ~~ 61.80 ~ WELTMAN WEINBERG REIS 09/11/2007 Sworn and Subscribed to before me this day of A.D. ~~~ .~ e l W ELTMAN, W EINBERG &REIS CO., L.P.A. ATTORNEYS AT LAW WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 w ro olczan(a3w eltm an.com 2718 Koppers Building 436 Seventb Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com ~,caG ~. OF INNOVATION GROWTH + RESULTS October 3, 2007 Postmaster MECHANICSBURG,PA 17055 BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 ~/ _ @~ ~ E~ Request for Chance of Address or Boxholder Information Needed for Service of Leal Process Please famish the new address or the name and street address (if a boxholder) for the following: Name: ANDREW D SMITH Address: 6404 SALEM PARK CIRCLE MECI~ANiCSBLJRG,PA 17055 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(dx6xii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(dxl) and (2) and corresponding Administrative Support Manua1352.44a and b. ~ . Capacity of requester: William T. Molczan, Esquire. Attorney for Plaintiff. EAGLEMARK SAVINGS $ANK 2. Statute or regulation that empowers me to serve process : N!A 3. The names of all known parties to the litigation: EAGLEMARK SAVINGS BANK vs. ANDREW D SMITH 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or other identifying number if one has been issued: 07-4677-CIVIL TERM The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 510,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. // } u- G Wa e A. Jones 1'VELTMAN, WEiNBERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsbureh, PA 15219 FOR POST OFFICE USE ONLY BOXHOLDER'S POSTMARK _Not known at address given. Moved, left no forward address. No such address. No change of address on file Good as Addressed XXX PLEASE 1NDiCATE PHYSICAL ADDRESS NEW ADDRESS or NAME and STREET ADDRESS r~~;~C sr~ ~~~ c, ~/' a ~ 11 a G~1 ~°~ \S- s W W R#05930360 ~exisNexis®: SmartLinxTM Person Report Results Page 1 of 5 Switch Client Preferznces E Sign Ofl i t?,! H2Ip My LexisTM' Search Research Tasks Get a DocumentShepard's®Alerts~ ~,istr„Y i ~,~' Source: Public Records > SmartLinx(TM) > SmartLinx(TM) -Person Summary Reports Terms: last-name(SMITH) ,first-name(ANDREW) , street(6404 SALEM PARK CIRCLE) , city(MECHANICSBURG) , state(PA) ,zip (17055),radius(100) (Edit Search) ~\/"~~ Permissible Uses: DPPA - 1. Litigation ,/~ GLBA - 2. Legal Compliance ©.,., Subject Summary ~ Others Using SSN ~ Address_S.ummary_(3~_ ~ Voter Registrations Licenses ~ Personal Property ~ Real Property ~ Bankruptcies ~ ]ud~_ments_&_Liens_(1) Relatives (ilk ~ Associated Entities (1) ~ Neighbors (9) ~ Sources (5) FOR INFORMATIONAL PURPOSES ONLY Copyright 2005 LexisNexis, a division of Reed Elsevier Inc. All Rights Reserved Full Narne Address County Phane 6404 SALEM PARK CIR # CI SMITH, ANDREW DAVID MECHANICSBURG, PA 17050-2839 CUMBERLAND COUNTY: CUMBERLAND ADDITIONAL PERSONAL INFORMATION .SSN DOB GENDER ~....., 05/1978 (PEN NIA: 1980-1982) (Age: 29) _ __ __ __. Subject Summary Name Variations 1: SMITH, ANDREW DAVID 2: SMITH, ANDREW D _._ _ _ SSNs Summary Na. SSN State Iss. Date Iss. Warnings 1: ~ PENNSYLVANIA 1980-1982 DOBS 1: 05/1978 Address Summary Address Summary - 3 records found for subject: # Address Click to visualize this report Back To Ton. Name.Variations~2~ I S$N~Summary (1). I DOBs (1) View Name Variation Sources View SSN Sources .............................. ...... view DOB Sources Back To Top View Address Sources Actions 6404 SALEM PARK CIR # CI Get. Report CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the day of , 2007, by first class, U.S. Mail, postage-prepaid, addressed as follows: ANDREW D SMITH 6404 Salem Park Circle Mechanicsburg,Pa 17055 Attorney or Plaintiff WWR #5930360 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION EAGLEMARK SAVINGS BANK N0.07-4677-CNIL TERM Plaintiff vs. ANDREW D SMITH Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 6404 Salem Park Circle, Mechanicsburg,Pa 17055. A true and correct copy of the Postal Service Return is marked Exhibit " 2" attached hereto and made a part hereof. b. Plaintiff requested current address information from the LexisNexis Total Research System, which request for information confirmed the current address for Defendant as being 6404 SALEM PARK CIRCLE, MECHANICSBURG,PA 17055. A true and correct copy of the LexisNexis search results is marked Exhibit " 3" attached hereto and made a part hereof. WWR #5930360 c. Plaintiff conducted an online tax-assessment search for the address of the Defendant that could not confirm the address as being 6404 Salem Park Circle, Mechanicsburg,Pa 17055. Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, ANDREW D SMITH, is 6404 Salem Park Circle, Mechanicsburg,Pa 17055. WELTMAN, WEINBERG & REIS, CO., L.P.A. i William T. Molczan, Esgdire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me this ~ day of December 07 _ , ~. i C _ ,;, COMMOAIWEALTH_OF PENNSYLVANfA Notarial yea! ~1 Heidi J. Kelly, Riotary Public City Of Pittsburgh. Alfertheny Cotmi) My Commissior3 Expires Nov. ~?. ?(.109 Member, Pennsylvania Association of Motares WWR #5930360 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff No. 07-4677-CIVIL TERM vs. ANDREW D SMITH ORDER OF COURT AND NOW, to-wit, this day of , 2007, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, ANDREW D SMITH, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 6404 Salem Park Circle, Mechanicsburg,Pa 17055 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: J. DISTRIBUTION: William T. Molczan, Esquire, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219; Andrew D. Smith, 6404 Salem Park Circle, Mechanicsburg, PA 17055. WWR #5930360 C~ ^' ` t~`r Ts'~ r~i- :~' ; ~ ~~* c-~ -"' -< .r° ~"~- t~ :! ~- ~ r-x ~" : DEG 1'~' X001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION EAGLEMARK SAVINGS BANK Plaintiff vs. ANDREW D SMITH No. 07-4677-CIVIL TERM ORDER OF COURT AND NOW, to-wit, this ~~ day of 200~upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, ANDREW D SMITH, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 6404 Salem Park Circle, Mechanicsburg,Pa 17055 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: DISTRIBUTION: William T. Molczan, Esquire, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219; Andrew D. Smith, 6404 Salem Park Circle, Mechanicsburg, PA 17055. ~jJl £,.S' I'Yl~i~t,:~, 1~~-~D~ WWR #5930360 --'-~ " l ~/ ~U `~ ~v'd ~` Pi~i ~iJ~IG t4iJY.tlii~kll9"'~~ v~wGi :dl'7.t. ~~4~:~1..}"'"i~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. ANDREW D SMITH Defendant No. 07-4677 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05930360 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. Civil Action No. 07-4677 CNIL TERM ANDREW D SMITH Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. brodt, Esquire PA I.D. # 25 WELT AN, EINBERG & REIS CO., L.P.A. 1400 ppe Building 436 S en Avenue Pitts rg , PA 15219 (412 4 4-7955 WWR #05930360 a - Q r _ w S ~ ~ s'~.3 1 ~, :~, b .~ d -~, O D ~ _ .' ~ ', .., L , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION EAGLEMARK. SAVINGS BANK Plaintiff vs. ANDREW D SMITH Defendant No. 07-4677-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, FA ].521.9 (41 Z) 434-7955 WWR#05930360 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff No. 07-4677-CIVIL TERM vs. ANDREW D SMITH Defendant AFFIDAVIT OF SERVICE OF COMPLAINT BEFORE ME, the undersigned authority, personally appeared James C. Warmbrodt, Esquire, who according to law deposes and says that a copy of the Complaint in Civil Action has been served on the Defendant, Andrew D. Smith. 1. On or about January 15, 2008, Plaintiff received a signed Order of Court permitting service, on the Defendant, to be complete and valid upon mailing to the complaint by first class mail, certificate of mailing and by certified mail, return receipt requested. Said Order of Court is attached as Exhibit "1 ". 2. On or about February 08, 2008, Plaintiff mailed the complaint to 6404 Salem Park Circle, Mechanicsburg, PA. 17055. Said certificate of mailing and certified mail receipts are attached as Exhibit " 2". WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. brodt, PA I.D. # 252 WELT AN, INB 1400 ppers uildin 436 S enth venue Pitts gh, A 15219 (41 434 955 W~1VR#"05930360 Sworn to and subscribed before me this I Z day of ~~r , 2008. OT Y P LIC Esquire & REIS CO., L.P.A. COMM(~~'•1l~~r~_9:~H ~~ Pr*~~SYLVANIA ~~u~Sic i ;,;~1A Mernb ~ ... ~:~ ~Nataries I .~ a: ~" ~ DEC 17 207 '~/ 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff No. 07-4677-CNIL TERM vs, ANDREW D SMITH ORDER OF COURT AND NOW, to-wit, this ~~ day of 200~upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, ANDREW D SMITH, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 6404 Salem Park Circle, Mechanicsburg,Pa l 7055 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. +n Ts~t€;~° ~~; ~R~~~~eof, l hers i~>rs~ dst r~ liana ~fhls A~ ~,~ t ti~ds~,Z.~ ~~ t~t'~cs~.ary BY THE COURT: _~ _~. DISTRIBUTION: William T. Molczan, Esquire, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219; Andrew D. Smith, 6404 Salem Park Circle, Mechanicsburg, PA 17055. EXHIBIT ~+ ~ ,. WWR #5930360 '~ .~ • ~ r • v- ,.~ i. r ,. w~ ui M1 ° Postage a ~i 2 _ m OO1y SFRVI~CF o cernr~ed ~ :Z , b S~ Q ~ oo ~ {L ~ (Endo~~erne n R~eq~uired) ~ , t ,~ ~~ ~ s :c rU ndorsemen Requinxf) .y ~` ~'~' dd H~~n~~ ~ Total Postage & Fees $ ~ 72, N nt o GI Slrset,Apt No..j'-°---°~ -- D:G ~= ~-..-II-__°--- --°//^-------------- Iti oiPO Box No. ~ ~ ~ ~ / Gr-~r ~lv ~c ~'~`t (~ C/ly, Site. ZlP+4 J' -°......_..... cf~-- i` ~~i- 7Dsr ti~ U.3. POSTAL SERVICE F ~„ MAYBE USED FOR ppl,R M IN PROVIDE FOR iNSU ~ n s Rscsl~m From: a L ~/ 6 ~ ~ `~' I'~ enl ~ r'" a ` rn ~ ~ u , L1. ~ ~ '~ a ! % """mac ~ `,; ~ 7; pM .s ~ „~ °rdn&Y mal eddruud ~.. ;~ ~aAn~au v. ~ ! ,~~,, ~, ~/ fM. T1. , `s = :'~. .rte ~y.. ~ ~ ~~ . lcvk y1 _ L ~ . - _ Wl t Ll 9 iy.~S !~~ ! L . ~ PS Form 3817 Mar. 1989 '~ qq~ 3 53§''1715k31~ .._.. _._. _ -~,-_.___ ~ a~ c~ e~ r-- -ri _ --r~ ni ~ ~~ ~ --7 ~` ~= r ~_ ,` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. ANDREW D. SMITH Defendant No. 07-4677 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05930360 Judgment Amount $ 13,332.11 & POSS THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. Civil Action No. 07-4677 CIVIL TERM ANDREW D. SMITH Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT COUNTI Kindly enter Judgment against the Defendant, Andrew D. Smith, above named, in the default of an Answer as follows: For possession of the vehicle, more particularly identified as a 2004 Buell XB12S, Serial Number 4MZSX14J543525861. COUNT II Kindly enter Judgment against the Defendant, Andrew D. Smith, above named, in the default of an Answer, in the amount of $13,332.11 as follows: Amount claimed in Complaint $10,658.41 Interest from Jufy 27, 2007 to March 25, 2008 at the contract interest rate of 16.60% per annum $1,173.70 Attorneys' fees $1, 500.00 TOTAL $13,332.11 I hereby certify that appropriate Notices of Default, as attached have been maiied in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG &REIS CO., L.P.A. By: James Warmbi PA I.D. #42524 WELTMAN, WI 1400 Koppers 436 Seventh ~ Esquire ing Pittsburgh, A 15219 (412) 434 7 55 & REIS CO., L.P.A. Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Buil ng, 436 7th Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 6404 SALEM PARK CIRCLE, MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff 07-4677-CIVIL TERM ANDREW D SMITH Defendant IMPORTANT NOTICE ON COMPLAINT IN REPLEVIN TO: ANDREW D SMITH 6404 SALEM PARK CIRCLE MECHANICSBURG,PA 17055 Date of 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: / '' James C. Way rodt, Esquire PA I.D. #42 4 WELTMA EINBERG & REIS CO., L.P.A. 2718 Ko ers uilding 436 Seventh venue Pittsbur A 15219 (412) 4 955 WWR #05930360 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. ANDREW D. SMITH Defendant Case no: 07-4677 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, ANDREW D. SMITH is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, ANDREW D. SMITH is not in the military service. Further Affiant sayeth naught. AFFIAN SWORN TO ANDS BSC 1BED in my presence this ~ day Of ~~` ~,~ ~ COMMONWEALTH OF PENNSYLVANIA Nn+=~riai Sea! Wayne A.:;->~es. Notary Public NOT RY P BLI cayorPittsb~.~rg`,,A!IeghenyCounty My Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. 1.Zequest for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-21-2008 12:59:42 ~". Last Name First/Middle Begin Date Active Duty Status Service/Agency SMITH ANDREW D Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~~ ~-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: h_tt~://www.defenselink.mil/faglpis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https:/Jwww.dmdc.osd.mil/scra/owa/scra.prc_Select 3/21/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID.•CAADACSBOEL https: //www.dmdc.osd.mil/scra/owa/scra.prc_Select 3/21/2008 ~~ ~ ~ ~-, O~ ~~ p ~~ tp ~~~ ~r .. ~~ ;.;- -_ N C7J ~' A t,J ~~ R'1 w .> ' .,.; C`"t =~ -rt7 ':7 :-•~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. Civil Action No. 07-4677 CIVIL TERM ANDREW D. SMITH Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud me t was entered against you on o8 (xx) Assumpsit Judgment as to Count I for possession of the vehicle more particularly identified as a 2004 Buell XB12S, Serial Number 4MZSX14J543525861 and Assumpsit Judgment in the amount of $13,332.11on Count II plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothon ary By: PR HONOT O D UTY) ANDREW D SMITH 6404 SALEM PARK CIRCLE MECHANICSBURG,PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. ANDREW D. SMITH Defendant No. 07-4677 CIVIL TERM PRAECIPE FOR WRIT OF POSSESSION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 wwR No. ~ S~~ 3 0 ~ ~ ~ ~ -. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. Civil Action No. 07-4677 CIVIL TERM ANDREW D. SMITH Defendant PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue a Writ of Possession in the above matter directed to the Sheriff of Cumberland County, Pennsylvania 1. To deliver possession of the 2004 Buell XB12S more particularly identified 4MZSX14J543525861 WELTMAN, WEINBERG & REIS CO., L.P.A. DATED: ~~(~ q~ Qa By: James Warm o Esquire PA I.D. #42 4 WELTMA , WE BERG 1400 Kop ers B lding 436 Seve th Av ue Pittsbur , PA 5219 (412) 4 4-79 WWR 059 360 & REIS CO., L.P.A. WWR No. -~-- 9+ ~~©~ 4 ~ q W o a t~ o~j°~ Q ~ ~ ry gyp' ~ O :o s'~p o U~ Q ~ 'R F '~ 4, ~ ~' ~:~ = ~:. ~ ~ -r,, ~ ~, ~, ~-~~ ~ t ,~ ~~ 3 .. ~ ~ f 1 of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EAGLEMARK SAVINGS BANK VS. No. 07-4677 Civil Term ANDREW D. SMITH Costs Attorney's $ 202.30 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)) EAGLEMARK SAVINGS BANK being: (Premises as follows): 2004 BUELL XB12S more particularly identified 4MZSX14J543525861 (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. C is R. Lo ono y, Common Pleas Court of umberland County, PA Date 6/23/08 (Seal} ,~ 2of2 No 07-4677 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EAGLEMARK SAVINGS BANK VS. ANDREW D. SMITH WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 202.30 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: JAMES WARMBRODT, ESQUIRE WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 412-434-7955 ID# 42524 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the named appurtenances, and day of I caused the within ~, to have possession of the premises described with the 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 CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff No. 07-4677 CIVIL TERM vs. PRAECIPE FOR SATISFACTION OF JUDGMENT (As To Count I, Possession Only) ANDREW D. SMITH Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I . D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05930360 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION EAGLEMARK SAVINGS BANK Plaintiff vs. Civil Action No. 07-4677 CIVIL TERM ANDREW D. SMITH Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT (As To Count I, Possession Only) At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG &REIS CO., L.P.A. Sworn to and sub before me this _ day of November, N By: i James C. ar brodt, Esquire PA I . D #4 52 WELTM EINBERG &REIS CO., L.P.A. 1400 Ko pe Building 436 Se n Avenue Pittsbur , PA 15219 (412) 434-7955 WWR #05930360 --~':t'_ 1 ~:~, . ':ill .... .. ~.. ~; ~,,^.jd9:f~