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HomeMy WebLinkAbout08-0825IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, V. William L. Davis and Laura Lee Chapman-Davis and Jamie Davis, Defendants. No. 0$ - W bvi ( Ie -K TYPE OF PLEADING: Complaint in Replevin FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. V. William L. Davis, Laura Lee Chapman-Davis and Jamie Davis, Defendants. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. Of- Pa25 Ct;,;.! - -V. William L. Davis, Laura Lee Davis-Chapman and Jamie Davis, Defendants. COMPLAINT IN REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, by and through its attorneys, Edward F. Voelker, Jr., Esq. and Voelker & Associates, P.C., and avers the following in support of its Complaint in Replevin: 1. William L. Davis and Laura Lee Chapman-Davis, hereinafter referred to as "Borrowers," are individuals whose last known address is 671 Shippensburg Road, Newville, PA, 17241-9476. 2. Jamie Davis is an individual. Jamie Davis is hereinafter referred to as "Tenant." 3. Upon information and belief, Plaintiff believes and therefore avers that Tenant is presently residing in the Manufactured Home (as hereinafter defined) and located at 671 Shippensburg Road, Newville, PA, 17241-9476. 4. Green Tree Consumer Discount Company, hereinafter referred to as "Plaintiff," is a Pennsylvania corporation and is duly authorized to conduct business in the Commonwealth of Pennsylvania. 5. On or about June 4,1998, Borrowers entered into a "Secondary Mortgage Loan note," hereinafter referred to as the "Financing Contract," whereby Borrowers financed a 1999 Laurel House Colony manufactured home (serial no. ACSX 11464AB) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home." A true and correct copy of the Financing Contract is marked as Exhibit "A" and is attached hereto and made a part hereof. 6. It is believed and therefore averred that the Manufactured Home is located at 671 Shippensburg Road, Newville, PA, 17241-9476. 7. The Financing Contract was subsequently assigned for value to Plaintiff as permitted by the Mortgage. 8. Pursuant to the Financing Contract, Borrowers promised to repay the borrowed amount of $87,459.93. 9. On or about June 4, 1998, Borrowers made, executed and delivered a Open-End Mortgage (the "Mortgage") whereby Borrowers granted a security interest in the Manufactured Home to Plaintiff, which Mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County, in Mortgage Book Volume 1460, page 124. A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof. -2- 10. Plaintiff perfected its security interest in the Manufactured Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a Vehicle is marked as Exhibit "C" and is attached hereto and made a part hereof. 11. Borrowers have defaulted under the Financing Contract by failing to make payments when due. As of January 3, 2008, the delinquent payment amount due and owing from Borrowers to Plaintiff is $1,829.68. 12. As of January 3, 2008, the amount owed by Borrowers to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention ofthe Manufactured Home, is $78,036.35. The interest on said amount is accruing at the daily rate of $14.15. 13. Borrowers have failed to surrender the Manufactured Home upon Plaintiff s demand. 14. On November 2, 2007, Plaintiff provided Borrower with a Notice of Default, a true and correct copy of the same is marked as Exhibit "D" and is attached hereto and made a part hereof. 15. Plaintiff is now entitled to immediate possession of the Manufactured Home. 16. Plaintiff is entitled to attorneys fees under the terms of the Financial Contract. WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the sum of $78,036.35, plus attorneys fees, costs, interest from January 3, 2008, and damages for the unjust retention of the Manufactured Home. -3- Respectfully submitted, VOELKER & ASSOCIATES, P.C. Edward F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 -4- i 111 ,. . w 1105`BRADFORD RD, BLDG III,SUITE 200 WEXFORD, PA 15090 LENDER'S NAME AND ADDRESS "You" means the Lender, its successors and assigns. TERMS FOLLOWING A ..•._, APPLY ONLY IF CHE WILLIAM L. DAVIS LAURA LEE CHARM-DAVIS . 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241 BORROWER'S NAME AND ADDRESS "1" includes each Borrower above, jointly and severally. DINTS.- G I q Loan Y3 Date Maturity Date W:1/zUlti Loan Amount $ 67459.93 Renewal Of /A CKED Secondary Mortgage Loan This agreement is subject to the provisions of the Secondary Mortgage Loan Act. For value received, 1 promise to pay to you at your address listed above the PRINCIPAL sum of EIGHTY SEVEN THOUSAND FOUR HUNDRED FIFTY NINE AND 931100 DOLLARS Dollars $ 87459.93 XX Single Advance: I will receive all of this principal sum on . No additional advances are contemplated under this note. ! Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note. Ondate of first advanc9 will receive the amount of 000(land valued future principal advances are contemplated. You and I agree that I may borrow up to the rhaximum only one time (and subject to all other conditions). Conditions: The conditions for future advances are tat advance(adv): real property appraisal i legal permits; 2nd adv: land improvement invoices, lien waivers, customer advance authorization ("CAA"); 2nd or 3rd adv: home 6 setup & CAA; final adv: certificate of occupancy or inspection report & CAA. INTEREST: I agree to pay interest on the outstanding principal balance from date of first advance. at the rate of 6.75 % per year until - the principal balance is fully paid. N/AVarieble Rate: Notice to borrower: This document contains provisions for a variable interest rate. This rate may then change as stated below. Change Dates: Each date on which the interest rate may change is called a Change Date. The interest rate may change and on every thereafter. The Index: Beginning with the first Change Date, the interest rate will be based on the following Index: The most recent Index value available as of the date - 45 days _ before each Change Date is called the "Current Index." Calculation of Change: Before each Change Date, the Lender will calculate the interest rate, which will be 1 I the Current Index. The result of this calculation will be rounded The new interest + rate will become effective on each Change Date. Subject to any limitations below, this will be the new interest rate until the next Change Date. Limitations: The interest rate will never be greater than % or less than g6. _ The interest rate will never change on any single Change Date by more than Effect of Variable Rate: A change in the interest rate will have the effect of changing the amount of the scheduled payments: ACCRUAL METHOD: Interest will be calculated on a stele interest basis. POST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in . full, as stated below: - on the same fixed or variable rate basis in effect before maturity (as indicated above). - at a rate equal to S iLATE CHARGE: I agree to pay a late charge on the portion of any payment made more than 15 days after it is due equal to 5.00 OR 2.OOZ OF THE PAYMENT, WHICHEVER IS LESS. -1ADDITIONAL CHARGES: In addition to interest; I agree to pay the following charges which _ are _ are not included in the principal amount above: PAYMENTS: I agree to pay this note as follows: INTEREST: I agree to pay accrued interest during the construction period on a monthly basis on cumulative amounts advanced, and principal 6 interest monthly thereafter until I the contract is fully paid. PRINCIPAL: I agree to pay the principal in 360 monthly installments, beginning no later than 45 days days after the completion of the construction funding period. INSTALLMENTS: I agree to pay this note in 360 payments.*The first payment will be in the amount of $1 567.26 (principal 4 interest) and will be due approx. 30 days from final disbursement. A payment of i; 567.26 will be due monthly thereafter. The final payment of the entire unpaid balance of principal and interest will be due 360 months from last construction disbursement. The payment schedule is in addition to and shall begin subsequent to the construction period interest only payments. PREPAYMENT REFUND: I may prepay all or part of this note without penalty. If I prepay in full, you will ± refund part of the finance charge. REAL ESTATE NOTE 94 $4.1881.1893 Bw*en Sm me. Inc.. St. CI*W. MN Fam GTN-RENLAZPA 1122198 1 1 (3T-15-39-011 111/971 lnsos / of4J 5XNEA-T- "A " DEC-31-2007 1.39FM US BANK DOCUMENT CENTER NO.9340 P. 37 SECURITY This ry?pteiis.s w?ed?b (describe separate document by type (e.g., mortgage) and date); -44 oS . . •.. ., _ pit '? ANF''UNDIsBUJr?Sn PwiicNs of TIM A??bl?lr irnuNcsD 88p, 3N SHALL p ABBY,mm TO TIM PRINCIPAL RA7, ADDITIONAL TERMS OF fin CONTRACT. TM W= NOT • REDUCE ffi M TBLY PAWINT AM11ir ON TIM 'CONTRACT, BUT WILL REDUCE 79C TOTAL NO?= OF IONTBS I MT PAY TIM CONTRACT. GENERALLY - The headings at the beginning of each section are for convenience only and are not to be used in interrp?retinggi?the text of the sec DEFINITlON3 - ' I," "me. or my' means each Borrower who suns this note and-each other persog or, legal entity ()ncludin guarantors, endorsers, and sureties) who agrees to pay this note (together referred lo, as "us"). "You" or w your means the Lender and its successors and assigns. APPLICABLE LAW - This note and any agreement secunn this note will be governed by the laws of '" state o Pennsylvania. The fact that any part of this note cannot be enforced will not affect the rest of this note, Any change to this note or any a regiment securing thin, note must oe in writing and signed by you and me. 1 agree to Cooperate f with you regarding dny requests after closing to oorredt, errors made, concerning • this contract or the transaction and to provide any and all additional documentation, deemed necessary by yo to complete this transecdoh, 1: agree that you may enforce this agreement by judicial ,process and are entitled to attorney's fees, costs and disbursements I. nent to such enforcement. PAYMENTS - Each payrrient 1 make on this loan will be applied first do any charges 1 owe other. than principal and interest, then to interest -that is due, and finally tq principal that Is due. No late charge will be assessed, on any paymerrt when the only delinquency is due to late fees assessed on earlier payments. and the; payment is otherwise a full payment, The actual amount of my final payment will depend on'the interest rates (if variable) and my payment record. If any payment due under this loan does'not equal or exceed the amount of interest due, you may, at your option, increase the amount of the payment due and all future payments to an amount that will pa off this loan in equal payments over the remaining term of this loan. PREPAYMENT - I may prepay this loan in whole or in part at any time. If I prep in part, I must still make each rater note entt i d the full gins amount as it becomes due until this INTEREST - Interest accrues on the princiippal remaining Unpe.id from time to timd until paid in full,, If "Variable ate is checked on page i, I will pay interest at the rates in effect from time to lime. The interest rate(s) and other charges on this loan will' never exceed the highest rate or charge allowed by Law for this loan, If the index specified on pa e 1 ceases T exist,. I agree that you may substitute a similar index for the original. INDEX - If Xqu and I have agreeo that the interest rate on this note will be variable and will bg related to an index, then the Index you select will function only as a tool for setting the rate on this notg. You do not guaranty, by selecting any index, that the interest rate on this note will have a particular relationship to the interest rate you charge on any other loans or any type or class of loans with your other customers, ACCRUAL METHOD - The amount of interest that I will pay on this loan will be calculated using the interest rate and accrual method sited on page 1. For interest calculation, the accrual method will determine the number of days in a year. If no accrual method is stated, then you may use any reasonable accrual method for calculating interest. SINGLE ADVANCE LOANS - If this is a single advance loan you and I expect that you will only make one advance of principal. However, you- may add other amounts to the principal if You make any payments described in the PAYMENTS BY LENDER section below. 61884. 1881. 1885 5.*sm Svotego. Ina. 9t Clow& MN Form GY"ENU1ZPA IraAe MULTIPLE ADVANCE LOANS - If this is a multiple advance loan, you and i expect that you will make more than one advance of principal, subject td the conditions of any separate aT regiment. ;:.", W.?,. y, PAYMEN BY LENDER - If you kre'at tllA4d to pay, on my behalf, charges I am obligated to pay (such as property insLrancd premiums); then you may treat those payments made by you as advances and add them to the unpaid principal under this nova,. or you .may demand immediate payment of the charges. POST-?A INTEREST ' - Irndrest will accrue on the principal ba ante remaining unpaid after final maturity at the rata specified on page,l. For purposes of this section, final maturity occurs: (a) On the date of the Idat scheduled payment of principal; or (b) On the data you accelerate the due data of this loan (demand Imrr?ed( REAL ESTATE OR CE SECURITY - If this loan is secured by real emtd or a residence that is personal pro perty the existence of a default and your remedies for such a default will be determined by applicable law, by the terms of any s rate instrument creating the security interest and, to the extent not prohibited by law and not contrary to the terms of the separate, security instrument, b this agreement. A ISUMP ION - This note and any' document securing it cannot be assumed by someone buying the secured property from me. -This will be.-true. unless.:you agree in writing to the contrary. Without such an agreement, if I try to transfer any interest in the property sea; ir)ng this note, I will be in default on this loan. You may proceed against me under any due on sale clause in the security agreement, which is incorporated bit reference., DEFAULT - Subject to anY limitations in the "REAL ESTATE OR 135SIDENCE SECURITY", paragraph above, I will be in default on this loan and any agreement securing this loan If any one or more of th following occurs: (a) I fail to make a payment in fullwhen due; (b) ( die am declared incompetent, or become insolvent; (c) I fail to keep any promise I have made in connection with this loan; (d) I fail to pay, or keep any other promise on, any other loan or agreement I have with you; (e) informatgod thattis untrue oC inaccurate at he time it is provided; (f) Any creditor of mine attempts to collect any debt I owe through court proceedings, set-off or self-help repossession; (g) The property securing this Loan is damaged, destroyed or stolen; (h) I fail to provide any additional security. (fiat you may require; (i) Any legal entity (such as a partnership or corporation) that has agreed to pay this note merges, dissolves, reorganizes, ends its business or existence or a partner or mWority stockholder dies or is declared lneompetsnt; or U) you wig have hdarculty hcollecctting the amouunntvI owe ou, IT any of us are in default on this note or any security agreement, you may exercise your remedies against any or all of us. G-116151"11 1111871 lopne 2 of 41 'DEC.31.2007 1:40PM US BANK DOCUMENT CENTER REMEDIES - Subjeot to any limitations in the "REAL ESTATE OR RESIDENCE SECURITY" paragraph on page 2, and after giving any appropriate notice, if I am in default on this loan or any agreement securing this loan, you may: (a) Make unpaid principal, earned interest and all other agreed charges I owe you under this loan immediately due; (b) Use the right of set-off as explained below; (c) Demand' more security or new. parties obligated to pay this ban (or both) in return for not using any other remedy; (d) Make a claim for any and all insurance benefits or refunds that may be available on my default; (s) U'sde any remedy you have under state or federal law; (f) Use any remedy given to you in any agreement securing this loan. By choosing any one or more of these remedies you do not give up your right to use another remedy later. By deciding not to use any remedy should I be in default, you do not give up your right to consider the event a default if it happens again, COSTS OF COLLECTION AND ATTORNEYS' FEES' - I agree to pay you all reasonable costs you incur to collect this debt or realize on any security, This includes, unless prohibited by law, reasonable attomeys` fears. This provision also shall apply if l file a petition or any other claim for relief under any bankruptcy rule or law of the United States, or if such petition or other claim for relief is filed against me by another. SET-O- I agree that you may set off any amount due and payable,, under. this note against any right I have to receive money from you, "Right to receive money from you' means; (a) Any deposit account balance I have with you; (b) Any money owed to me on an item presented to you or in your possession for collection or exchange; and (c) Any repurchase agreement or other nondeposit obligation. 'Any amount dus and payable under this note' means the total amount of which you are entitled to demand under the terms of this note at the time you exercise your right of set off. This total includes any balance the due date for which you properly accelerate under this note. If my right to receive money from you is also owned by someone who has not agreed to pay this note, your right of set-off will apply to my interest in the obligation and to any other amounts I could withdraw on my sole request or endorsement. Your right of set-off does not apply to an account or other obligation where my rights arise only in a representative capacity. It also ' does not apply to any Individual Retirement Account or other tax-deferred retirement account. You will not be liable for the dishonor of any check when the dishonor occurs because you set off this debt againstlany--gf my accounts,, I. agree to hold you harmless from any such claims arising as a result of your exercise of your right of set-off. OTHER SECURITY - Any present or future agreement securing any other debt 1 owe you also will secure the payment of this loan. Property securing another debt will not secure this loan if such property is my principal dwelling and you fail to provide any required notice of right of rescission. Also, property securing another debt will not secure this loan to the extent such property is in household goods. ` OBLIGATIONS INDEPENDENT -A l understand that my obligation to pay this loan is independent of the obligation of any other person who has also agreed to pay It. You may, without notice, release me or any of us, give up any right you may have against any of us, extend new credit to any of us, or renew or change this note one or more times and for any term, and l,will still be obligated to pay this loan. You may, without notice, fail to perfect your security interest in, impair, or release any security and I will still be obligated to pay this loan. 8IBM, 7841. 1693 Opdtas 9Vft6R4InQ. sG am. W Fmm O1FIADIL vA 1122196 NO. 9310 ?, P 38 ol ARBITRATION - All disputes, claims, fl or controversies arising from or relating to this contract or the relationships which result from this - contract, or the, validity of this arbitration clause or the entire contract, shall be resolved byy binding arbitration one arbitrator 'selected by you w16 consent of us. This arbitration contract is made pursuant to a transaction in interstate commerce, and shall bye Rovemed try the Federal Arbitration Act at 9 U.S.C. Section 1. Judgment upon the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The, parties understand that they have a right or opportunity to litigate' disputes throuuggh a court, but that they prefer to resolve their dispputes throuQh? arbitration, except as provided therein. THE_ PARTIES OLUNTARILY_ AND KNOWINGLY WAIVE PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY YOU (AS PROVIDED HEREIN). The parties agree and understand that all disputes arising under case law, statutory law, and all other laws including, but not limited to, all contract, tort, and property disputes, will be subject to binding arbitrate' in accord with this contract. The parties agree and understand that the arbitrator shall have all powers provided b the law and the contract. These powers shall include all legal and equitable remedies, including, but not limited to, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto the contrary, you retain an option to use judicial or non judicial relief to enforce a mortgage, deed of trust, or other security agreement relating to the real property secured in a transaction underlying this arbitration agreement, or to enforce the monetary obligation secured by the real property, or to foreclose on the 'real property. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief In a court to foreclose upon any collateral, to obtain a monetary judgment or to enforce the mortgage or deed of trust, 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 - I waive (to the extent permitted by law) presentment, protest, notice of dishonor and PRIVACY- I e$ree that from time to time you may receive credit information about me from others, including other porting agencies. I agree that you may tenders and credit re furnish on a regular basis credit and experience information regarding my loan to others seeking such information. To the extent permitted by law, I agree that you will not be liable for any claim ansing from the use of Information provided to you by others or for providing such information to others. FINANCIAL STATEMENTS - I will give you any financial statements or information that you feel is necessary.. All financial statements and information I give you will be correct and complete. PURCHASE MONEY LOAN - If this is a Purchase Money Loan, you may include the name of the seller on the check or draft for this loan. NOTICE OF PROPOSED INSURANCE - I take notice that group credit life insurance and/or group credit accident and health insurance coverage will be applicable to this contract if so marked on page 1 of this contract and each type of coverage will be written by the insurance company named, This insurance, subject to acceptance by the insurer, covers only the person signing the request for such insurance (or each person signing the request for joint credit life insurance). The amount of charge is indicated for each type of credit insurance to be purchased. The term of insurance will commence as of the date the indebtedness is incurred and will expire on the 21nally scheduled maturity date of the Indebtedness. ject to acceptance by the insurer and within 30 days, e will be alivgred to me a certificate of insurance more fully describing the insurance. In the event of prepayment of the indebtedness, a refund of insurance charges will be made when due. um s-,wo7 7 11119-n tow a of 4J NOTICE TO COSWR You ithe cosigner) are being a ed to guaranty this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay N you have to, and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You also may have to pay late fees or collection costs, which increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you. garnishing your wages, etc. If this debt is ever in default, that fact may become part of your credit record. This notice is not the contract that makes you liable for the debt. NOTICE ANY HOLDER 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 WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. PURPOSE: The?pose of this loan-is construction on land and home:?- SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE {INCLUDING THOSE ON PAGES 1, 2, 3 AND 4). 1 have rec d a cop today's date. ? 1994. 19111. 1993 Bw"m Swtam. bw.. Bt. Clad. MN Form M-RENLAZpA 122108 OT-15-3"11 1111871 10001 4 014! e, 0 0 C?q 3 S T RAT>: ORD SETTLEIME,NTS I BZyGt E'tOVY.4'AN ROAD. SUNTE 243 ` lGu?. ?Q . CRANES-MIRRY Tt'JP 16?6fi ' May- A•1 d,P Coq -- 0513 Pry U-t 003 p '98 JUf; .i ? fl1711 40 Commomeahh of Pennsylvania Space Above This Line For Recording data CT-15.39-090 (9/94) OPEN-END MORTGAGE This Mortgage secures future advances 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ... JUNE 4, 1998 ....................... and the parties, their addresses and tax.identification numbers, if required, are as follows: MORTGAGOR: WILLIAM L. DAVIS ca _ LAURA LEE CHAPMAN-DAVIS - 671 SHIPPENSBURG ROAD L = NEWVILLE, PA 17241; .:> . .... If checked, refer to the attached Addendum incorporated herein, for additional Nl0rtgagdf$,!_their signatures and acknowledgments. 3 .- )? ' !ENDER: GREEN TREE CONSUMER DISCOUNT CO. - 105 BRADFORD RD, BLDG III,SUITE 200 r WEXFORD, PA 15090 i 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: All of the property located at 671 SHIPPENSBURG ROAD , in the City/Town/Village of NEWVILLE , County of CUMBERLAND , State of PA , in which the Borrower has an ownership, leasehold or other legal interest. This property is more particularly described on the schedule titled "Additional Property Description" which is attached hereto as Exhibit A. together with a security interest in that certain 1998 , 66 X 28 LAUREL HOUSE mobile home, serial number STAGE FUND The Borrower does hereby authorize the Lender or its assigns to obtain a more detailed property description after the Borrower has signed the Mortgage, and to attach Exhibit A after the Borrower has signed the Mortgage. The property is located in ..............5; ........................................ at ............. ................................ (county) 671 SHIPPENSBIIRG ROAD .. OAD ....................... . ..... NEwViLLE ............................... ,Pennsylvania ...... I 2it?l........... (Address) (c(ty) (ZIP Code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and - future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). Bood460PAGf IN PENNSYLVANIA - MORTGAGE (NOT FOR FNMA. "AC. Frw OR VA USE) 0 1994 Bankers Systems, Inc., St. Claud, MN (1-800.397.2341) Form CTH-MTCLAZPA 10/1'1/94 - CT-1 S-39.090 (9/94) 0Wd I of 6) ?Xkv-r- 'k " DEC-31-2007 1:42PM US BANK DOCUMENT CENTER NO. 9340 P. 43 . l V 3. MAXIMUM OB,L1GATiON LIMIT. The total principal „amount secured by this Security Instrument at any one time sh II t exceed S......,. a7 This limitation of amount does no include interest am older tees and charges, v I ma?'e pursuant to this Security Instrument. Also, this limitation does not apply to advances a under,the. terms of this -Security Instrument to protect Lender's security acid to perform any of the covenants contained In this Security Instrument. 4. SECURED Ddr AND FUTURE ADVANCES. The term "Secured Debt' is difined as follows: A. Debt in erred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt Ascribed below and all their extensions, renewals, moditadons or substitutions. (When referrrlcr gg the debts below it is suggested that )vu include Items such as borrvww*s' mimes, note amounts, 7rrter?st rates, rr?aturity dates, etc.) A Universal Note or Hamufactured Home Intail Install saat Contract and Security Agreement amacuted by Buyers/Borrowers. The above obli ation is duo and payabla on 360 months from last cvaatruction disbursement if not paid earlier. B. All ?uture advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, +guaranty, or other evidence of debt executed by Mortgagor in favor gf Lender executed after. this Security Instrument yvhether gr not this Security Instrument is specifically referenced. If more than one person signs this SicuRty-Instrw Mt, each Mort agrees that this Security instrument will secure all future advances and future obligations that are given to or Incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced, All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. 5. 6. 7. 8. 9. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by 'law, Including, but not limited to, liabilities fur overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender' for insuring preserving or otherwise, protecting the Property and its value and any other- sums advanced • and expenses incurred by Lender under the terms of this Security instrument. ., This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Sec irity instrument. WARRANTY OF TiTi E. Mortgagor warrants that Mortgagor. is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumi eyed, rxetpt for encumbrances of record. PRIOR SECURITY INTERESFS? With regard to any other mortgage, deed of trust, security agreement or other lien document that created a'pnor security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any,future advances under any note or agreement secured by the lien document without Lender's prior written consent. CLAIMS AGAINST TITLE Mortgagor will pay all taxes, assessments, liens, encumbrances lease payments, ground rents, utilities, and other charges relating to the Property when due, Lender may require Mortgagor to provide to Lender copies of all notices that such amounts- are due and the receipts evidencing Mortgagors payment. Mortgagor will defend title to the Property against any claims that would impair the en of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. DUE ON SALE OR ENCUMBRANICE 'Lende'r may, at its option,- declare the entire balance of the Secured Debt to be 1611 ediaWy due and gable upon the creation of, or contract for the, creation of, any lien, encumbrance; transfer or sale of the Property. This right is subject;.to the restrictions imposed by federal law 52 GF.R. 591), as ap licable. This covenant shall run with the Property and shall remain in effect until the Sewreci<ebt is, Qai •h fi,dl,and this Security Instrument is released. , f.s D i 994 Bankers Systems, krc. 9G Cbud, MN (1$00 397.2341) Form CMAMLAZPA 10/11/94 cr-i sa"Do ?qp 2 of 0 80OX U60 racE Z DEC, 31. 2007 1:42PM US BANK DOCUMENT CENTER NO, 9340 P. 44 .•101, PROPERTY CONDMON;4ALTERATICM AND INsK_CWN,,,.Mort ?r will keep the Property in good condition and make all repairs that are feasonably s'sary Mortgagor ghalt: not commit or alloany waste, impairment, or, deterioration of the Props ?tgagor VAII keep the Property- free of noxious weeds and grasses. Portg or agrees that the nature ,of the occupancy and use will not substantially change without es Nor written consent. Mortgagor will not permit any change In an license, restrictive cpvenanr or easement witho?f llkn&es pFtor writteh consent.,*Mortgagor,,wIH noti? bender of all demands, proceedings; claims' and actions against Mortgagor,, and of any. loss or damage to the Property. Lender or Lender?? agents may,. at Lender's oppti?on,' enter tfie Property at' any'Feasohable time for the purpose of inspecting ,thc. Frro¢erty.` i?ridr r 5Ft 1 give , Mdd 'dgof`1* notice-'at the tkoe of or before an inspeaior4 specifying a reasonable .purpose for the inspection. AnY Inspection, of the Property shall be entirely fir Len?e?s t> neflt and Mortgagor will in nc way rely on Lerr(!ees Inspection. 11. AU77°ICIRITY'TO PERFORM. 1# Mortgagor fails to pertorm any duty or any of the covenants contained in this Security Instrument, lender may, without notice, perform . or . cause ' them , to be performed. Mortgagor appoints Lender as attorneeyy in fact to sign Mortg rs name or paV any amount necessary for performance. L,endees right to pertarm for Mortgagor shalTnot create an obligatioh to perform, and L.endees failure to perform will not'preclude Lender from exercising any-of Lender's other rights under the law or,this Security. Instrume - t ','If any constriction ' on the Property is, • Ilkantinued or not carried on in a reasonable manner, L _rrder may take all steps necessary to protect Lender's.security interest in the i?rpper'ty, indudin'rompletion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS, Mortga'gor irrevocably; grants, bargains,,, conveys and mortgages to Lender as additional security all the right, tale and interest In wind to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions 'of such agreements (all referred to as "Leases") and rents issues and profits (all -referred to as "Rents"). Mortgagor will promptly provide Lender with true, and' correct copies of all existing and future, Leases. Mortgagor may collect, receive, enjoy-and use the Rents so long as Mortgagor is not in default under the'terms of this Security instrument Mortgagor agrees that this assignment is immediately efFecti?e between theparties to this Security Inttruinont" Mortgagor'. ees that.thiS. assignroelat is effecthre as to third pit les when lender takes affirmative- action Qrescr?ed _y law, 'arid that this assignment will••remain - irr-effect during airy redemption period until the Secured' Debt'Is'§atisfted. Mortgagor'' agrees than-ender may take actual possession of the property without .the nL ssity •of. commencing legal ,action and that actual possession is deemed to occur where Leader, or. its agent,, notifies Mortgagor of default and demands that any tenant pay all future ken% directly to,Lender. On receivicig notice of ddf4It, Mortgagor will endorse and deliver to Lender arty payment of Repts in Mortgagor's possession and will receive any Rents in trust for. Lender and will not commingle the Rena with any other hands. Any amounts collocted will be applied its provided in- this Security instrument. Mortgagor warrants that no default exists under the Leases or an applicable landlord/tenant, law. Mortgagor .also: agrees to maintain and require any tenant to comply with the terms of the Leases and-applicable law. art 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVO-OPMEN7 . Mortgagor ' agrees to comply with the provisions of any, iease if this Security Instrument is on a leasehold. I tfhe„Property includes a unit in a condominium of a planned uni't' developmenr, Mortgagor will perform all of Mortgagor's duties under the covenants, btrlaws, or regulations of the condominium or planned unit development., 14. DEFAULT. Mortgagor' will be in default if any party obligated on the Secured Debt fails to make payment when due. ioreggagor, will be in default;, if a breach' occurs under the terms of this Security Instrument or any other docuinent executed for the putpoze of''creatl* zeuiring or guarantying the Secured Debt. A good faith belief by Lender that Lender at any tiitire is insecure with respect to any person or entity obligated 'on the Secured Debt or that the prospeck of any payment or the value of the Property Is impaired shall'also constitute an event of default. is. iIsFMED(ES Vft,13EFA,ULT..Ur some'' Instances,' federal' and state law will require ,Lender to provide Mortgagor with *ndtlcp, of.the right to- cure' or, of r notices and may" estaffistr•'time schedules for foreclosure actions. Subject to thse 11mitat Errs, if any; lender may accelerate. the Secured Debt and foreclose this Security Instrument In' a mandir- provided by law if Mortgagor is in default.. At the option of Lender all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if:requirkl,, y law, upon the occurrence of a default or anytirrle thereafter. In addition, Lender shall be entitled-to al ,the remedies provided by law, the terms of thd'Secured 17ebt, this Security Instrument* and any related documents, All remedies are distinct, cumulative and-not exclusive, 'and the Lender is entitled to all remedies. presided at law or equity, whether or not ekc !r ssly set forth. The acceptance by Lenderof any sum in payment or partial 4ii 1 ' , .. • ' 11001(1'4s'0+1' 126 , 0 1994 Bankers srftms, b-. SC Gaud, MN (1-500.397.2341) Form ON-MTELAZPA 10/11/94 Cr 17-a9-09o (9/94) (pip 3 of 0 DEC.31.2007 1:43PM US BANK DOCUMENT CENTER NO.9340 P. 46 Unless.otterwise, "feed? in yvxktpgg,,,, all insurance proceeds, shall be applied to the restoration or repair of the Property"cr to tFe Secured b, writ:tjler or not tAerr +fue;? ?Leii6er ' Q lain: AnY application of proceeds to principal.shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess vdII be id to the Mortgagor.. If the? Property is acquired by Lender,_ Mortgagor's. right to any insurance po ides and proceeds resultinnb* from damage to the Property before the acquisition shall pass to Lender to, the extent of the Secured Debt immediately before the acquisition. 20. ESCROW, FOR TAXES AND INSURANCE Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADOMONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to pgrfect,, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien, status on the Pro party- 22. JOINT AND. INDIVIDUAL LIABILITY; CO-SIGWJLr; SUCCESSORS 'AND ASSIGNS BOUNIM All duties under this Security Instrument aje joint and individual. If Mortgagor signs this Security instrument but does not sign-an evidence, of debt. Mortgagor does so only to mortgage. Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable orr• the Secured Debt.; If this Security instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to' waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any party to this Security instrument may extend,. Modify or make any change- in the terms of this Security Instrument or any evidence of debt Athout Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security:, Instrument. :.The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW,; SEVERAMUTY; INTERPRI rATION. This Security Instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the julasdictionry erp, the. Property is located. This Security Instrument is complete and fully Integrated. Tills Securi Instrument. may not be amended. or modified by oral agreement. Any section in this Security. Instrument, attachments,. on-any agreement related to the Secured Debt that i'onflicts with applicable, law will nqt. be effective unless that law f*pressly or Impliedly permits- the variations by written agreement If any seuioii oi? this Setajri V Instrument cannot be enforced according to its terms, that section will' be severed and will not affect the eftrceabirty, of the remainder of this Security instrument. Whenever , used; the- singular shall Include the plural and the • plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to Interpret or. define the terms of this Security Instrument, Time is of the essence in this Security instrument. 24. NOTICE Unless otherwise required by law, any notice shall be given by delivering it or mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. . 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives -any right.•to appraisement relating to the Property,.. ; 26. OTHER 'T'ERMS. If checked, th$, following are applicable to this. Security. Instrument.' ' ...... Line of Credit. The Secured Debt includes a revolving : line of credit. provision. Although the Secured Debt' may be reduced to a zero balance, this Security Instrumdnt 'will' remain in effect until released.. xy- .. Construction I.oari. This Security Instrument secures an obligation incurred fnr the construction - of ah,-I*rovemegt on the property. ...... Fixture Filing.' Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as'a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ...... Purchase Money. This Security- Instrument secures advances by Lender used in whole or in part to acquire the Property. Accords gly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase V " g?4 vylth all of the rights, priorities and benefits thereof under the laws of the Commonwealth of PennsyWanit4,vl' . ?UOK acs 0 1994 Wker$ Systems, lei., St Gaud, MN (i-d00-397-2341) Farm GT*MTQAZPA 10/11/94 GT-15-99.090 (9/94) Omp sec t) i ...... NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE ...... Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. [Check all applicable items) ...... Condominium Rider ...... Planned Unit Development Rider ...... Other ..................................... ... Additional Terms. I SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on he dat tated on page 1. ti fiTILLIAM L. DAMS (Date) .Glgna I.BS C -DAMS (Date) ' ........................................... .............. (Signature) .......... (Date) (Signature) ............... .. (Date) iG?,• •. ? (V?Itness) Hess) . i-.---'...'...". ACKNOWLEDGMENT: COMMONWEALTH OF... PENNSYLVANIA COUNTY OF., ........ j ?Ohn this, the ..... i........ day of .........JME..1998 ................. .before me.............. } ss. (Ina"a?au ( p y .............................. thjide t9nVI............................. r?,eeURA rs Ea eared ................................................................................. ,,,,,,,,,MAN-nAy,s,,, , known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged Y: that he/she executed the same for the purposes therein contained. r. In witness whereof, I hereunto set my hand and official seal. ti My commission expires: A -q C :,yj?• ,; Notarial Seal .... ...... ....... ... Greg A. Mixell, Notary PubNc •• .....• .. ............. Greene Tw Franklin Cou ` nty My Commission Expires march 4.2WO Tt?le?otOffker'• ...... .. .. .. . i; Member, Pennsylvania Ass iation of Notaries . It is here ?YJBOX ce t fi dSthat the address of the Lender with' 5 WEXFORD, PA 15090 med is: ............. ..................................................................................... ........ - ... ..... ....................... . ................................... L I.. INO eood460 ma ,40*n s 0 1994 Bankers Systems, Inc., St. Cloud. MN (1-800-397.2341) Form CTN-MTGLAZPA 10/11/44 GT-15.39-090 (9/94) (VaW 6e/ 6) i LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND AND PREMISES, SITUATE AND LYING AND BEING IN THE TOWNSHIP OF NORTH NEWTON IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS: BOUNDED AND DESCRIBED IN ACCORDANCE WITH A PLAN PREPARED BY STANLEY JARMOLENKO, R.S. DATED NOVEMBER 13, 1984„ AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN PLAN BOOK 47, PAGE 14, AS FOLLOWS, TO- WTT: BEGINNING AT A POINT ON THE DEDICATED RIGHT Of WAY LINE OF PA ROUTE 533 AT CORNER OF LOT NO. 6 OF THE ABOVE MENTIONED PLAN OF LOTS; THENCE ALONG LOT NO. 6, SOUTH 57 DEGREES 35 MINUTES EAST 300.00 FEET TO A POINT; THENCE ALONG OTHER LANDS NOW OR FORMERLY OF KIMBA, INC. SOUTH 32 DEGREES 25 MINUTES WEST 150.00 FEET TO A POINT AT LINE OF LOT NO.8 OF SAID PLAN; THENCE ALONG LOT NO. 8, NORTH 57 DEGREES 35 MIN[TI'ES WEST 300.00 FEET TO A POINT ON DEDICATED RIGHT OF WAY LINE OF PA ROUTE 533; THENCE ALONG PA ROUTE 533, NORTH 32 DEGREES 25 MINUTES EAST 150.00. BEING LOT NO. 7 ON SAID PLAN. BEING KNOWN AND NUMBERED AS 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241. State of Pennsylvania l"r County of Cumberland) 86 Recorded in the office for the recording of Deeds v r ?1 i -r ; `'`R act d f or land County, P??T ' ? r ! '%. • .. •.r 00 ae- v:•itne my hand an pal A of Q ?• }`? Carlisle. PA this a 19 _L_ ?.?ac?rderr ] BOUif 1460 P46E 130 1 f I i { ti7 1 E i 1 I I f t I f i f I ? I I v i A 1 j n r1;.. DEPARTMENT OF TRANSPORTATION CERTIFICATE OF TITLE FOR VEHICLE 9b21900200[I403b=pp1 . VEHICLE IDENTIFICATION NUMBER ^.. •.i '3C.?tlG 3T./-DA:•: YEAR '----==-1''•. "' 9,;. MARE OF VEHICLE -N It _T -? _ TITLE NUMBER .2 BODY TYPE T: i CAJP BEAT CM - PRIM TITLE STATE y7 DCO1•L- PROCID. GATE DOAI MILES - r-r --- +? ?a _ - - _ ODCW S7ATU3 .02 .DATE PA TITLED'-,.?-???7?,?i?{--' -• _ .-_ -:-;: _; . TE 199UE •' 1 UNLADEN WEKiHT I D , ?r ':L M1 ? OCWR. T17LE BRAIDS ODOMETER 67ATU9 0 . AO NIAL AYE ACE • ` -M ??' ) I MAE ApE E1( • CEEDB THE MEQIANK7AL 'IaRCLYO.TCSY:C"A".7r_:t•3 r-'LL1APti ''''te?L??? E: Ii077 ? ti •ODOMETER' DISCLOSURE EXE REDIBrEpEDO7vNER NE 1 SMl'{rLEAOE t• HOTTHEAC7UALMAEADE•CDCNEtER MPT "BY:FEDERAL -LAW; a E? ?ii IBI +t . • n wCLDBDRE WIL<I AM '`L' " DAVIS 6 ' LAURA ' rITLFa1MND8 LEE CHAPMAN-OAVIS I C • CLASSIC YEISC Ell O•COLLEC7IS 671 SHIPPENSBURG RD ' EYEMCLE ; D • ORIpYALLYMFDD. FDRNDNU.S. F•?T??/NT'N N NEHV ILIA! P A -.1724 1 aeraeurY7r7 L : L? . P ' vElacLE VEN IC•LE ' E w R . RECONSTIn7CtED S STREET ROD• T • RECOVERED 7NEFT VEHICLE ,. FIST UEN FAVOR OF: •' V .VEHICLE CCNTIWSREISSuEDVw Y/•FLOOD YENICLE ' N j SECOND LIEN FAVOR OF: z • ISAYAS A TAA - GREE 'TREE CONSUMER Q.lkOUNTCo. u , FIST LIEN RELEASED ' B t E hab IaYtIYA1er V Yged upon pBalsaron a tle KNr ne,I, the E nsnMMlaT moat raegld Sle inb m tle BYNeY a Maur va W Om l DATE -'---" . } I ' P neha a O ormaroIse. With Ow '- "' •r??. REPRESENTA MAILING ADDRESS ' Ti?e+r" "T't' 2N:" SECOND LIEN RELEASED •?y...?,? • !Qln?tte?• ,. . .. r ,± .? gA.,,., ? D; BY GREEN TREE CONSUMER IH17 D EBEN7A NE DISCOUNT'CO STONEWOOD- COMMONS LOS BRADFORD RD WEXFORD PA 15090 Ot Trm Tao" MM•tlhop so° f01a'+O'ICO1A?r?a,,P n meedPshertl si. 6aan DBPaII.wY B R A DL E E ' Pn it tw Ie Of In Sold a k A l L MALLORY V lo- e l owler +1 ? ? ? saereLDEy or 1'nRtpaTtatlRR ? , , . 8118BCMBEp ANp SWORN i' '',s .? L . TO BEFORE ME:' ,. . _ lei enP1YSp rof Ser 1- Mlh • m•SISer, Mer Mn Tee AoYes, ehSLh of MoeAa. Qr4 o4r N ataaAttl, INS eA5 a h s " DAY ^ ' .' er ti Rer,erae YEAR A C) JYM T MI A RIMY a SYMraasp I" decal d ere In Corrmein" over. YAe Ile eYIVNInq OM'11MN Yon • , - SIGNATUR OF PETSON Ao",W ERdD OATN . B 0 T "r" ar Common Ion death of Ora oeeer, L+NISe d d oseh eo V-,, Suet b hli a ntl han d eaMe). v i 1St LIEN DATE: ' s A NO LIEN, CHECK O I i J IST LIENHOLDER 4 IM 'tjf ?i?•?K•1 tll ? l•,7 F-?Ir.,•` F. ((((////7777 STREET • • ? CITY i ? • STATE Pp ' . FHANCIAL INSTITUTION NUMBER . The urlderegyd hertbY rlle4w aRS,eoen hY Cealleee a sere 10 ft -Oki@ dea rbo 2ND UN DATE: .? IF NO LIEN. CHECK chore, ¦IEIeaI b VYi enCY11MNe1Cea erle oYrer bSel oleYl feI Ia rh h y r em. 2ND UENHOLDEp I - ruRE OF AP .OR AUT NER STREET , ,• :R 1 .. .. CITY STATE ZIP EwNUTUREOFCMAPNA7SA17ryrREOPAUTNop%ZEDSIGNER FINANCIAL 11'IBTTrU110N NUMBER ?qA t6 I-v- \.k c, ( AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MI), ME (LH First Liens) MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (IIO), NM, NY, NC, ND, OH9 OK, OR, PA, (HO) X RI, SD, TN, TX (HO). UT. VT. VA_ WA_ WV NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT Date of Notice: 11/02/2007 William L. Davis Laura Lee Chapman Davis 671 Shippensburg Rd Newville, PA 1 724 1-9476 GREI&REE Certified Mail Receipt No. 71067112169002913024 Green Tree Consumer Discount Company Three Executive Park Drive Suite 14 Bedford, NH 03110 800643-0202 Account No: 734244296 Creditor: Green Tree Consumer Discount 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 $10.00 in fees and charges) totaling $1,192.50. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $1,192.50, which consists of $1,182.50 for past due payments and $10.00 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 $78,343.77 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 bring a court action to assert 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. Thusis 4 471411- a ? O f- a 5 tx OW W U WW W J ?r CC 2O z0-a PM U W tr 0 a debt and any information 3. Service Type CERTIFIED MAIL I 4. R.-dcted DNiwry? (Eft Fee) ? Yes 1. Article Addressed to: DF7A1 ! PS Form M YES, oftr doviery .dd. Green Tree Consumer Discount Company Tempe III 7360 South Kyrene Rd Tempe, AZ 85283 4583 , July 2001 Domestic Retum Receipt 7/07 v D m i to D a z r M Z D M OFm M M n M M 0 Fn- D M Q 0 O z v X ?V6 VT "Dq VERIFICATION I, Jennifer Lockerman, Collections Manager, and duly authorized representative of Green Tree Consumer Discount Company do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing are true and correct to the best of my information and belief. 1 4:nnifer ockerman lection Manager Green Tree Consumer Discount Company ? 0-3 rv U1 Ct:? = _ CO ?' W a o b v ' SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00825 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS DAVIS WILLIAM L ET AL 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 DAVIS WILLIAM L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN , NOT FOUND , as to the within named DEFENDANT , DAVIS WILLIAM L 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241-9476 DEFENDANT IS DECEASED. Sheriff's Costs: Docketing Service ,2113161 So answers: Not Found Surcharge 18.00 12.48 _ 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 ;45.48 VOELKER & ASSOCIATES 02/08/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00825 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS DAVIS WILLIAM L ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon CHAPMAN-DAVIS LAURA LEE the DEFENDANT , at 1825:00 HOURS, on the 7th day of February-, 2008 at 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241-9476 JAYME CHAPMAN, DAUGHTER by handing to 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 a/?3?0 Y .00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/08/2008 VOELKER & ASSOCIATES By: - D ty her' f u A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-00825 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS DAVIS WILLIAM L ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon DAVIS JAMIE the DEFENDANT , at 1825:00 HOURS, on the 7th day of February-, 2008 at 671 SHIPPENSBURG ROAD NEWVILLE, PA 17241-9476 by handing to 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 Service Affidavit Surcharge 6.00 .00 .00 10.00 00 16. 00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/08/2008 VOELKER & ASSOCIATES By: De ty Sheriff' A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. CIVIL DIVISION No. 08-825 TYPE OF PLEADING: Plaintiff's Praecipe for Default Judgment Pursuant to PA. R.C.P. 1037(b) FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-825 V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA. R.C.P.1037M TO THE PROTHONOTARY: Kindly enter judgment for possession and in the sum specified below, in favor of Plaintiff, and against Defendant, Laura Lee Chapman-Davis, for failure to file an Answer or otherwise respond in the above-captioned action at the above number and term within twenty (20) days from the date of service of the Complaint. Please assess Plaintiff's damages against Borrower, Laura Lee Chapman-Davis, as follows: Principal $78,036.35 Interest $1,103.70 ( 78 days x $ 14.15per Attorneys fees $500.00 Costs to be added TOTAL $74,640.05 I certify that a written notice of intention to file this Praecipe was mailed to Borrower after the default had occurred and at least ten (10) days before the date of the filing of this Praecipe. I further certify that the Borrowers, are not in active military service. Copies of the Notices are attached hereto as Exhibit "A". The undersigned verifies that the statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities. Respectfully submitted, VO07ASSOCIp" S, P.C. Edward F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 R t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-825 Civil Term V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis„ Defendants. TO: William L. Davis ADDRESS: 671 Shippensburg Road, Newville, PA, 1 724 1-9476 DATE: March 4, 2008 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VOE CIA . Edward F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 E*Arr "A " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-822 Civil Term V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. TO: Laura Lee Chapman-Davis ADDRESS: 671 Shippensburg Road, Newville, PA, 17241-9476 DATE: March 4, 2008 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VOE S ES, P Edward , oelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the attached was served upon the following by first class United States mail, postage pre-paid, this day of 9 , N , 2008. William L. Davis and Laura Lee Chapman-Davis 671 Shippensburg Road Newville, PA 17241-9476 VOELKER SSOCIATES, P.C. Edward F. Voe cer, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 4 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. CIVIL DIVISION No. 08-825 TYPE OF PLEADING: Notice of Order, Decree or Judgment FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 r .? 1 N F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-825 V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) Plaintiff (X) Defendants ( ) Garnishee ( ) Additional Defendant You are hereby notified that the following Order, Decree, or Judgement has been entered against you on i? pry Q4 ( ) Decree Nisi in Equity. ( ) Final Decree in Equity. (X) Judgment of ( ) Confession ( ) Verdict (X) Default ( ) Non-suit ( ) Non-Pros ( ) Arbitration Award (X) Judgment is for possession and in the amount: $79,640.05 Plus Costs () District Justice Transcript of Judgement in (Assumpsit/Trespass) in the amount of $ , PLUS COSTS. ( ) If not satisfied within sixty (60) days, your moto vehicle operato 's license will be suspended by the Pennsylvania Department of spo 21 RO T ARY By Deputy If you have any questions concerning the above, please contact: Name of Attorney for Plaintiff: Edward F. Voelker, Jr. Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. CIVIL DIVISION No. 08-825 TYPE OF PLEADING: Praecipe for Writ of Possession FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. 459890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 08-825 V. William L. Davis and Laura Lee Chapman- Davis and Jamie Davis, Defendants. PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a Writ of Possession in the above captioned matter for the 1999 Colony manufactured home (serial no. ACSX11464AB) located at 671 Shippensburg Road, Newville, PA, 17241-9476. Respectfully submitted, VOELKER- ASSOCIATES, P.C. .E and F. ?Ddelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the attached was served upon the following by first class United States mail, L ?,' ? postage pre-paid, this day of C ? 2008. William L. Davis and Laura Lee Chapman-Davis 671 Shippensburg Road Newville, PA 17241-9476 VOELKER & ASSOC ATES, P r' Edward . o ker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 0 C, 0 0 0 0 ..,,% cr, ? K 1 of 2 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. 08-825 Civil Term_ WILLIAM L. DAVIS and LAURA LEE CHAPMAN-DAVIS and JAMIE DAVIS Costs Attorney's $ 193.98 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 COMPANY being: (Premises as follows): 1999 COLONY MANUFACTURED HOME (serial no. ACSX11464AB) LOCATED AT 671 SHIPPENSBURG ROAD, NEWVILLE, PA 17241-9476 (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. Long, P notary, Common Pleas-Court' of C erland County, PA Date 4/07/08 (Seal) . 2of2 No 08-825 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY Vs. WILLIAM L. DAVIS and LAURA LEE CHAPMAN-DAVIS and JAMIE DAVIS WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 193.98 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: EDWARD F. VOELKER, JR., ESQUIRE VOELKER & ASSOCIATES, P.C. HAMPTON STONEWORKS PROFESSIONAL BUILDING 3960 RT 8, SUITE 200 ALLISON PARK, PA 15101-3603 412-486-8800 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 1 i By virtue of this writ, on the 2 2 n&hof M a y y 2008 I caused the within named Green Tree Consumer ffgwviIP8s; nly?t`?$ e burg soa c lpp ns 17241 So Answers, Sworn and subscribed to before me this Day of , Sheriff By Sheriff's Return: Advance Costs: 225.00 Sheriff' s Costs 106.08 Docketing 18.00 118.92 Poundage 2.08 Prothy 2.00 Milage 14.00 Possession 30.00 Surcharge 40.00 306.0$- V d J lv jb Y ls, ? SO :11 V 01 kldb BOOT 6?// Rio 0 yy