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HomeMy WebLinkAbout09-7539IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tammac Holdings Corp., by and through its agent and servicer Green Tree Consumer Discount Company, CIVIL'DIVISION No. -'1539 OAvi l lerw Plaintiff, TYPE OF PLEADING: Complaint in Replevin v Mildred D. Holland, Defendant. FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 C thia M. Dornish A I.D. #59890 Pamela L. Brickner PA I.D. #209392 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 C'i JMBJ 1 RLANI) COUNTY, PENNSYLVANIA Tammac Holdings Corp., by and through its CIVIL DIVISION agent and servicer Green Tree Consumer Discount Company, No. Plaintiff, V. Mildred D. Holland, Defendant. 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 Tammac Holdings Corp., by and through its agent and servicer Green Tree Consumer Discount Company, Plaintiff, CIVIL DIVISION No. 0q - 7531 C?,-P Tc V. Mildred D. Holland, Defendant. COMPLAINT IN REPLEVIN AND NOW, comes Tammac Holdings Corp., by and through its agent and servicer Green Tree Consumer Discount Company, by and through its attorneys, Edward F. Voelker, Jr., Esq., Pamela L. Brickner, Esq., Cynthia M. Dornish, Esq., and Voelker & Associates, P.C., and avers the following in support of its Complaint in Replevin: I . Mildred D. Holland, hereinafter referred to as "Borrower," is an individual whose last known address is 5169 E. Trindle Road #35 Kingsbury Mobile Home Park, Mechanicsburg, PA, 17055. 2. Tammac Holdings Corp., hereinafter referred to as "Plaintiff," is duly authorized to conduct business in the Commonwealth of Pennsylvania. 3. Green Tree Consumer Discount Company is a Pennsylvania corporation and is duly authorized to conduct business in the Commonwealth of Pennsylvania. -1- 4. On or about February 10, 2005, Borrower entered into a "Note," hereinafter referred to as the "Financing Contract," a true and correct copy of which is marked as Exhibit "A" and is attached hereto and made a part hereof. 5. Plaintiff is the present holder of the Financing Contract. 6. Pursuant to the Financing Contract. Borrower promised to repay the borrowed amount of $45,706.50 plus interest. 7. Borrower has defaulted by failing to make payments when due. 8. As of October 26, 2009, the delinquent payment amount due and owing from Borrower to Plaintiff is $17,098.37. 9. As of October 26, 2009, the amount owed by Borrower to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is $61,234.82. The interest on said amount is accruing at the daily rate of $15.20. 10. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the Financing Contract. 11. On August 26, 2009, Borrower was provided a Notice of Default, a true and correct copy of which is marked as Exhibit "B" and is attached hereto and made a part hereof. 12. Pursuant to the Financing Contract, Borrower financed a 2002 Redman manufactured home (serial no. 12238693AB) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home." -2- 13. It is believed and therefore averred that the Manufactured Home is located at 5169 E. Trindle Road. #35 Kingsbury Mobile Home Park, Mechanicsburg, PA, 17055. 14. Pursuant to the terms of the Financing Contract, a security interest in the Manufactured Home was granted or assigned to Plaintiff 15. 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. 16. Borrower has failed to surrender the Manufactured Home upon Plaintiffs demand. 17. Plaintiff is now entitled to immediate possession of the Manufactured Home. WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the sum of $61,234.82, plus attorneys fees, costs, expenses, interest from October 26, 2009, and damages for the unjust retention of the Manufactured Home. Respectfully submitted, VOFLKER & ASSOChATES, P.C. Cynt a M' Dornish Atto evs for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 -3- I Bor?owdriol Mildred D Holland Tamnxat Corporation 5169 $ Trindle ltd #35 275 Mundy Street MeahAni-csburg, PA 17055 Wilkes-Barre, PA 18702 Date _ 2/10/2005 A phrase, dam, or perepreph on this form thin Is preceded by a that is not checked does not apply I "I" fheane each Bvrrawer above. }ofrny and sevarafly. " to this loon. You" Means the Lender he s I treCesaOre end 6me(gn8 Nets -For value rwelyad, 1 promise to pay to you, or your order,iat your address above, the principal mum of, Forty-five tumi (seven httadred Nixd 50/144 boges 4 45706.5, phre it teremt from 2110/2005 $t the rate of 15 % Per year until 2/10/2017 Pm IMatwlty Witteat - After maturity the unpaid balance of principal will earn Interest at the rate of % per year. Addid6nel Finance Clorp I mite area to pay a nmvskqwv?q On of 5 _ and it will be t.I paid In cash. ? withhold from ft proceeds. [if this lea is withheld from the proceeds. the awiotmt Is included in the orincipal Burn.) Payrnarrts - The number, amount and due dates for scheduled parmena are disclosed In the Truth in Lending disclosure below. 4n. Charge - If there Is a late charge for this traneaction. it will ?@ dlscbsed In the Trull In Letidirtg discloaue below. Tito Purpose Of This Lawn to - TO F+[JRgWR A M08I1.8 HOME dad aleck Charge - 1 agree to pay a charge of ! K 1 make a payment with a check that is dshonomd, - This Loan Made Hadar ? This loan In secured by dated 2/1012005 Serenity Agreemeet - I OW You a sacuriiy interest in the Prgparty dwribed below. The rights I am diving you in this pro this agreement secures are dermed on me 3 of Wig agreement.; partr and the obligations 2002 36' X 28' Redman 12238093AD IWAL FMCIEWTAGE RATE F(NANCE GNAalaj The coat of rrty credit 'The dearer amount thi as a yearly rate. credit will coat me-: 15.73 % 4 54474.00 Number of NymeMS: Amotart of 144 1686'.00 Men The amount of crat provided to me or on my 4 44310.00 AIM The amount I wilt hayB ps- , wham I have made ap ed-puled pavmencs. 4 98784.00 winning ?/10ltt105 and on the loth, of each successive earth thereafter. se"ifty - I am Bluing a security interest (n: [i idescription of other property) ® the Coeds Of Propefty being wrrn:naeed. 3169 5 TriMte Rd 035 Ifechanledweg pA DOSS ? Collateral securing other bans with you may also secure this loan. ® Laity Charge - r agree to pay a late Chart's agvo to 10 96 of the u id rnPa portion of an knstaUlnsrn not Paid within 15 days after ft is due, or d _ , whichever is Prepayment - If 1 pay off this note early, I will not have to pay 0 penalty, 0 If I pay off this note early, i will not be entitled to a refund of part of the finance Charge. Assumption - Someone buying the property secufkV this loan ? may 6d camot eaa(nte fins loan on rte original terms. 1 Can see my contract documents for any additional information about rgr+paymani, default, and any required repayment before the scheduled date, and prepayment refunds and Penakies. © If you do not meet Vora cwfrtract obggatlorts, you may 1086 ypur Credit hisurance - Credit lila, credit accident end sickness (disetl+Iity), unemployment and any other ,nuance cover below, nM to obtain credit and you wia not Provide them urdeee I sign and agree to pay the adMionat premium- If I went such ?urranoa. will we ein required Ili 1 qualify for eoverageh You are quoting below ONLY the Cows vgos I have Chosen to purchase, you w'I ° ?ln It for me Cptdt Life - © Single ? Joint Insured Premium 6 Term Credo o154WNty -© S-ungle[] Joint Insured Frarmium i Term Credit Unemployment . [j Single (3 Joint Insured Premium 8 Term Name of hsurance Company My signature bellow rncana I want (only) the insurance coveragel,P) quoted shove. It none are quoted, I have declined ea awerapee you offered. x p,O.B. 7/17/1959 X - D.O.B,x D.0.8. _ D.O.B. m,997 a? "* sy.t , ft'. $I. Cloud, MN Fprm rC-$I-0µ0a 3$1&?JMz fddgs / a/ 9l X16 if A4 Property in Property insurance Is rfRWn L 1 may obtain property insurance from anyone 1 want that Is acceptable to you. if I gat the insurance from or through you, I will pay 4 0.00 for of 00 ierage: Ilmllapoe Commisalons - 11lndtlraland and some .thatI pny Ineunism pfornkst is paid to insurano oompaniea as pert of this .loan will involve money retained by you or paid back to you as comrnitaioot or other remuneration, 1Mrttkadon of Amount Fimnced Amount paid to ms d1wdy s n D Amount paid on' MY occowt 0 Amounts paid to others on my behalf' To IlMurence companies 3 t_ g age To public officials - flint fees only 0 To public officials - ulhervion filing fees $ Amowit iz d •ttn ir,_,h,Pha1 f 7 # 4 4? 2no ?Y?tyit # Additl=a3 pin_0=6 Fes # 0 Minus) prepaid i"+nant*Cfrarge S -_ __i3 f3.50 Arnown Flrransad ` 443:10.00 'You may retain or receive a -portion of these amounts: 111 default and you choose not to exercise a remedy, you do not lose the right to treat the event as a default if it happens again, Costs Of Cessation And Attamey's Foes • 1 some to Orly you the costa you Incur to collect this debt or rtallzs on any secullty, This btckxhm your reesoriable attorney's fees and tout Costs- This provision also shall 110104Y if I file a petition of any other claim for rallef under any bankruptcy rule or lay' of the United States, or N sueh petition or otter claim for relief is filed against me by another. Indeperallan ~on - I unitlerstiand 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 nollce, rabase ms or any of us, give up any flight you may have against any of us, extend now credit to any of us, or rersw or change this note arts or more timas and for any term. and I will still be obligated to pay this loan- You may, without notice, fail to perfect your semity Interest In, impair, or refeaae on security and I will still be obligated to pay this ban. Walvsf - I welve Ito the extent P mrkwd by. law) demand, presentment, protest, notate of dishonor and notice of protest, Financial fitatemptta - I will give, you any financial statemenu or information that you teal Is necessery, All financial statefrrsntt and informallon I give you will be correct and complete, Pureh"s Money Lela • If this Is a f lrenaie Morley Loan, you may include the name of the seller on the Check or draft ter If* Loan- ' rate wig begin to apply on the day after maturity, or, if the loan is in default and wt accelerate after default, on such date. For Federal Usury Pronnpt'wn for Manufactured Rotate Loans: Default - I will be in dolault on this ban and any agrasmem assuring uMS l it, The following terms apply if, on page I of this form, the Federal Usury Preemption Is cited as the f Viority for this ban ean 1, 1 fan to mane a payment in full when due, or , These terms will supersede anythinf) to the contrary in this form; 2. Yom prospect of payment, performance, or ability to reaftt upon the property Is significantly Impaired. 1. The late charge, if there is one, will not apply to the final ochadulad Installment If any of us, are in default on this note or any security agreement, you ex ma rcis i . Z. PREPAYMENT - YOU MAY PREPAY THIS LOAM IN FULI OR y e your remed e es again" arty err an of u=- . 01 PART AT ANY TIME WITHOUT PENALTY. Ren1001ars - If 1 am in default on this ban or any, agreement securing this 3. Notice Of Default - Except as provided further below, we war not accelerate the unpaid balance of this CorWftt hires, you may exercise Your rights provided by law and this sgrsement. 1 also understand and agree to the fonavrinec ! , repgeseaa or foreclose an any Property until after we send you a notice t . You may aceelarate the due date of the unpaid principal belafte of the l la of default and any cure period It describes has passed- We may not be required to send you a notice if 111 ou ha oan, p n accrued Interest and charges, making it due In its entirety before the scheduled due date y ve abandoned the Manufactured Rome, (2) you received two , 2, You may realize on any property taeurino W4 traneaction. notices in the prior one-year period, or (3) other extreme Circumstances exist. 3, You may demand more security or now parties obligated to pay this loan for both) In return for not using any other remedy. 4, You may make a claim for any and all insurance benefits or refunds that may be available. fHfirtteions - 1, me or my means each Borrower who iipns'th'rs now and each other person or legal ontfty (Including- guarantors, endorsers, sod Sureties) who agrees to pay this noes ltogother r4rerrsd to as -us"). "You" or 'your' means the Lender and its successors and Mions. If any part of this note cannot be enforced, such feel win not affect the mist of this note. Any change to this IWte or any agreement sacjurtrtg this note must be in weidng and f40r+ed try you surd me. Any p rovisien that appoints you as an agent in not aubjm to the provisions of 20 Pe.C.S.A, Section 5601 at seq. (Chapter 56; Decedents, Estates and Rduclarisa Codas. By exercising any of your rights under this note, you do so for your sob benefit. hams and Location • My name and address indicated On page!1 are my exact legal name and my principal maidence, t will provide you with n least 30 days notice prior W Changing my name or principal residence. Cawtlieaimm at Other Renwneradgn• - I understand and same that some payments to third partlso as part of liras loan may Involve money retained by you br paid back to you as commisslons or other remuneration, Prepayment - I may prepay this loan in whole or it part at any time. If 1 prepay in part, 1 must still make each later payment in the virginal amount ea it becomes dye txltif this note is paid In full, Usury -1114 Interest rate and other charges an this ban will never exceed the highest rate or charge allowed by raw for this loan. Post NbatNry htarest Ran - It tMS section is chocked, the po$t maturity ADDIT40NAL TgHMS OF THE MOTE 6194"7 sm*m rym ms, m¢, 5,. OoW. MN Form FC•51.D"A 3114R002 rasps 2 er 31 9 ADDI MNAL TERMS OF 1 Sedured Obligations, TNa security agreement eeeuns Nis ban (including all extensions. renewale, refinancings and modificatlottsl and any other debt i he" with yw now or later. Prop" desofted in this security QYnvernent will not secure other such debts If and to the e*tonnt the poparty: f • aonstitut" my principal nneidence; or 2.. is household goods, IWE security aM*RW4 will last Uncut it )B d-rachAr90d In writing. For the dole purpose, of oaten, ID N the exbeltt of a purchase money ssourity interest arlsng under this security iWeernerlt 1. Payments on any nm.purchaee money ban also aecwred, by this ?esment will riot be steamed to apply to the Purchase Money Loan; 2. Paymwa on the Purchase Money Loan-will be deemed to apply first to the nonputchaee money portion of the loan, if any, and than to the purchase money obligations` In the order in which the heirs ware acquired. No security interest WIN be terminated Py OMAC"on of this! formula. Purdlase Manley Loan' means any Ilan the proceeds of which„ in whole or In part, are used to awwAra any property securing the Joan and all entsn one, renkwels, consolidations and refinenckspe of auctt loan. Property . The word "Property," as used here. includes all property that is 110W in the security agnamOnt on page 1. If a general description is usad, the word Property ktckrdea an my property fitting"" general description. Property also means ON benefits that Arise from the doicribed Preporty (kVlu0ing all proceeds, insurance benefits, paymshts from others, krufest, dividends, stock splits and voting rights). It also means Property that now or later is attocfred to, is a part of, or results; from the Property, and all suppw" oblloselona. 'Proceeds" Inckides;anythIrrq acquired on the sale, lease. Iloonse, exahange, or other d'apoemon of the Props.ty; arty rights end Chino arising out of the Property; ; and any coMscebne and distributions on account of the Property. Ovnwrs* And Owdes Toward Property • Unless a co-owner(a) of the Property rood a third party agreerlrtnt, I represent that i ovirr all the Property. 1 will ddertd the Property against arty oiler clairn. I agree to do wrhNW*ar You require to perfect your intersst and keep your priority, I will not do anything to harm your posititm. 1 will keep the Property in mY posaeaaion (except if pledged and;Aelivered to Youl. 1 wel keep it in goad repair and Lao It only for its. intended purposes. I WE keep it at my address unless we agree otherwise in writing. I will not try to sell or trensfer the Property; or pwrnft the Property to become attached to arry real estate. witlri>{JL your written consent. I wll Pay all taxes slid charges on the Pmparty, ere they become . dire, I wlil Inform you of Any lose OF dOntage to the Property. You hers the right of reaeansble pets in order to inspect the Property. I will not use the Property for a purpose that will violate any laws or subject the Property to forfeiture or selaure, insurance • I agree to'buy insurance qn the Property against the risks end' for the amounts You reasonably require. in addition: i . t WE name you as loss payee oh any such policy. 2. You may require added security on this loan if you po;rmit any insurance proceeds to be used to repair or replace the Property. 3. R the insurance proceeds do not cover the amountd I stilt owe you, 1 will pay the difference. 'ME SECURITY A 1r 4. l will treed the insurance until ail debts secured by this agra rant are paid.. It I do not buy, m4lin"In, and arrange to have You ranted as loss payee, as agreed above, I understand acrd a"; I . You may, but Oro not required to, purchase insurance to pretmt your Interest in Ina Property, 2. The insurance you buy. may be from an agent a company I might not choose. 3. The insurance *41 not cover my equity in the Property. 4. The premium you PAY. may be rAwtandally higher than the premium I rnipht be required to pay for the insurance I have agreed to buy on this note. Default And Rarnallliee - N I am In default, in addition to the remedies geted n the note pardon of this document, You may lsubiect to any applicable notice and cure perbdl: 1. Pay taxes or other charges, or purchase any required Insurance. If I fail. to do these things ibut you are net required to do col. You may add the amount you pay to this loan and accrue interest on that amount at the interest rate in effect an this nots' until paid in full; 2, flequee me to gather the rropeny one any related records ON meke it available to you in a reasonable fashion; 3. Use any otter remedy allowed by Iovr. I agree that when you must give notlee to me of your Intended sale pr disposition of the Property, the nolko is reasonable if h 13 sent to me at my last known address, by first class mail Ill days before the intended sale or dispo*419n. I "agree to Worm you in wrtiklg of any Change in my addrage, Pensothm of Security arearest - I suthorite you to file a "narking statement covering the Properly, 1 Agree is comply with and facilitate your requests In connection with obtafrtthg Possession of or control over the Property anti tr:d severity agreement le terminated. 1 agree to pay all actual costa of "M sting your security interest. Soh I havesiac?elh d to do tonvw On as vW of tlr?W ?? 3 of this agnwnarrt. an tsdsY • data. COSIGNERS • am SEPARATe NOTIcE Bwmf sONNtig, O 1917 eink«r I7r1wn•. Nr., IA. C19LA. M Fors FC-Si-ON-PA 3l14r2002 (Oeye 3 at 31 l AL, AZ, AIL, CT, DF, DC, FL, GA„ IA (LHIPMM), ID, IL, IN, XY, LA, MA (LH), MD, ME"First Liens) MI, MN, MO (VR First Liens), MS, MT, NE, NY, NIf, NJ (HO), NM, NY, NC, ND, OR (IIO), OK, OR, PA (HO), PonBenFsv I ray: Rl, $A, TN,'T1f (HO), UT, `'n, " , , WA, WY reisdonahics that wc,* d or Nocamtt]=ti Qel l tree StryReliefCltn?xm,etioeSigmd NOTICE of OF D)rFAULT V U 1 t 1 eIC AND RIGHT TO CURE DEFAULT Data of'Notiee: 08126/2009 Certified Mail Receipt No, 71067112169010093169 Mildred D. Holland Gret=.rr 1 ree Consumer Discount Company 5169 E Trindle Rd #35 Three Executive Park Drive Suite 14 Kingsbury N%p 13cd£otd, NH 03110 Mechanicsburg, PA 17050.3659 800-b43-0201 Account No; 8919 1 73 94 Creditor; Green Tree Consumer Discount Company Brief identification of credit tra wtion: Manufact :W Home Account THIS LS NOT A KU. THIS STATEMENT IS FOR INFORMATIONAL. PURPOSES ONLY. 1(you bled banlQttptcy, this notice is not in attempt to collect it debt, but Instead allows the creditor to enforce its liea. If you were an obligor on this account prior to the filing of a ban"tcy an¢ either Green Tree Servichtg LLC ("Green Tree") has received an order granting relief from the autoinatlc stay-or-you have reetbed a dfsebarge or surrendered the house In fill satisfaction of the debt, Green Tree is exercising only its rlg4ts under the security agreement as allowed by lAW. Green Tree to not attempting to collect or recover the debt as your personal liability, but is only complying with statutory notice requirements. If the amount requested Is not received by the stated date, Green Tree may exercise its right to enforce its tort- This credit transaction is now in default The default maybe corrected within 30 days from the postmarked date of this Notice. If the default is corrected, you may continue witb 0 contract as though there was no default The default consists of. 23 payments past due (plug $362,00 in fees and charges) totaling S 16,073.37. Cure of default. Within 30 days from the postma* d date of this Notico, you may cure the default by paying $16,073.37, which consist of $15,711.37 for past due payments and $3¢2.00 for late charges, or by doing the following: N4 Creditors rights: If the default is not corrected in tie time allowed, the creditor tray exercise its rights under the law by taking legal action to repossess or foreclose on its collvteral, If the total amount of the default f6 not cured within- the Me 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 $60,716.18, shall be due axed payable without any further notice ,froth 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 actimr to assert the noav6*tent! of your default ar ioy otber defense you may have to acceleration and foreclostue. PLEASE NOTE THAT YOUR PRRSONAL OBLIGATION TO PAX TRF. CONTRACT HAS BEEN DISCHARGID IN BANKRUPTCY AND THAT YOU ARE UNDER NO OBLIGATION TO CURE THE DEFAULT. If you have any questions, write Greets Tres at the above address or call the number provided. If this default was caused by failure to make a payment or payments, and you voluntarily want to pay by mail, send a cashier's check or money order. Do not send casks. Other payment arramgcmetue may be made by oontactirtg green Tree. 2 Aloe Heuer I `1 71G'1 W I g x ?Aeen rn 1 M :0 M ¢ I D. N` *W" I A war Mlwr W6eee bebwr. it p I T Uj IX Q I a. Service T,pe triattiY MAIL ' D U) Z w 0. 4. Reetrioted t left yt oft Fee) ? v ee A d t A I D RI 47 i-- m J U- e . ddreewd to: N m D? ? ? Q i i ? 70 31 ? a Given 4 Consumer Discount Company T t III D rn m emp 7360 South Kyrene Rd 0 1 t- I Tempe, AZ 85283-4583 O 1 j ' MRM 1 PS Fdm set t, .-lily 2001 0cewssc Roturn (iecsiW I - 1 kN*-AL6 q- 1( ( 01 M917394 330 FMSTCLA,SS MAIL Green Tree Consumer Discount Company U.S. POSTAGE AND Tautpe 111 FEE'S YA1 U 7360 South Kyreae Rd NCP Tempe, AZ 85233-4583 i 7106 7112 1690 1009 3169 Mildred D Hollami 5169 E Triadle Rd #35 1Cipgsbiuy'Mltp Mechanics}?urg, PA 11050-3659 i 9GN01 252507 -001661 0069607 7106 7112 1690 1009 3169 Mildred D. Holland $9291/394 330 5169 E Trindle ltd #33 Kiopbmy Mhp Mechanicsbw& PA 11050-3659 72 L .10 i i k ?U?('rlr CLI VERIFICATION I, Linda Murphy, 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. Linda Murphy, Collection Manager Green Tree Consumer Discount Company Mt.E#)4 'RCF OF THIZ 2099 OCT 30 Phi 1: 4 9 til *78.50 PA A77`1 C1cp tsaa.l SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff ? tit at cumbr ' CMCE '1-c St ERtFF Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Tammac Holdings Corp. vs. Mildred D. Holland 2005 t0 -5 PK 2: 4 2 i_iLy Case Number 2009-7539 SHERIFF'S RETURN OF SERVICE 11/03/2009 03:45 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on November 3, 2009 at 1545 hours, he served a true copy of the within Complaint in Replevin, upon the within named defendant, to wit: Mildred D. Holland, by making known unto Maria Weedon, daughter of defendant at 5169 E. Trindle Road #35 Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 November 04, 2009 SO ANSWERS, e.11 - Mrs[ R THOMAS KLINE, SHERIFF 4Sh riff c; CouotySURG Sheriff. Teleosoft Inc. M ~ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~Q~txtr ct 1~atrt6rr~~~~ 2014 {BAR -4 Ali 9~ 33 ~i.,i-~~~ -,?a.t ~ ~ ~ ~~ ~'~ CUIIfIrr~~~ .~ .,~~~, =~';.I~;Y t,~FF1cE£»7rf~SNERIFF rirJA<~`i,~,~r~.: \``j~ Tammac Holdings Corp. vs. Mildred D. Holland Case Number 2009-7539 SHERIFF'S RETURN OF SERVICE 01/25/2010 05:33 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 1735 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: Mildred D. Holland, by making known unto Mildred D. Holland personally, at 5169 E Trindle Road, Lot # 35, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. 03/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of possession is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $50.31 March 02, 2010 a SHERIFF'S OFFICE OF CUMBERLAND C~~: Jlt ~~F TF?E PE~3TNCtv'OTARY Z ~ :Z d 9 - lv~if QiQZ ~ ~ iZ~!-~ ~ ~, ~ ~~, _ , .,. Lb S ~,.0~ (r,) GouniySuite Sheriff, Teiao.=,oYt. In::. SO ANSWERS, RON ~ R ANDERSON, SHERIFF 2of2 No 09-7539 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC HOLDINGS CORP., BY AND THROUGH ITS AGENT AND SERVICER GREEN TREE CONSUMER DISCOUNT COMPANY VS. MILDRED D. HOLLAND WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 167.94 Plff (s1 $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: Cynthia M. Dornish, Esquire Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 412-486-8800 I.D. # 59890 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy ~. iori WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC HOLDINGS CORP., BY AND THROUGH ITS AGENT AND SERVICER GREEN TREE CONSUMER DISCOUNT COMPANY VS. No. 09-7539 Civil Term MILDRED D. HOLLAND Attorney's Plaintiff's Prothonotary Costs $ 167.94 $ 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)) TAMMAC HOLDINGS CORP., BY AND THROUGH ITS AGENT AND SERVICER GREEN TREE CONSUMER DISCOUNT COMPANY being: (Premises as follows): 2002 REDMAN MANUFACTURED HOME (SERIAL NO. 12238693AB) AND ACCESSORIES LOCATED AT 5169 E. TRINDLE ROAD #35, KINGSBURY MOBILE HOME PARK, MECHANICSBURG, PA 17055 (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. J :~ David D. Buell, Prothonotary, Common Pleas Court of Cumberland County, PA Date JANUARY 6, 2010 (Seal) Z W2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC HOLDINGS CORP., by and through its agent and servicer GREEN TREE CONSUMER DISCOUNT COMPANY VS. MILDRED D HOLLAND 5169 E. TRINDLE ROAD #35 KINGSBURY MOBILE HOME PARK MECHANICSBURG, PA 17055 Attorney's Plaintiff s Prothonotary Costs No. 09-7539 Civil Term- $242.25 $ 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)) TAMMAC HOLDINGS CORP., by and through its agent and servicer GREEN TREE CONSUMER DISCOUNT COMPANY being: (Premises as follows): 2002 Redman manufactured home (serial no. 12238693AB) and accessories located at 5169 E. Trindle Road #35, Kiingsbury Mobile Home Park, Mechanicsburg, PA 17055 (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. David D. Buell, Prothonotary, Common Pleas Court of Cumberland County,, a(?/ O NO 2of2 No 09-7539 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMAC HOLDINGS CORP., by and through its agent and servicer GREEN TREE CONSUMER DISCOUNT COMPANY VS. MILDRED D HOLLAND WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 242.25 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: CYNTHIA M. DORNISH, ESQUIRE ID#59890 VOELKER & ASSOCIATES, PC HAMPTON STONEWORKS PROFESSIONAL BUILDING 3960 ROUTE 8, SUITE 200 ALLISON PARK, PA 15101-3603 Attorney for Plaintiff (s) By virtue of this writ, on the named _ appurtenances, and Where papers may be served 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 . 0 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Tammac Holdings Corp., by and through its agent and servicer Green Tree Consumer Discount Company, Plaintiff, V. Mildred 1.). Holland, Defendant. CIVIL DIVISION .? -PPM o - r F No. 09-7539 Civil Term wr- 1 ?cj cam , ?C.-) TYPE OF PLEADING: )> C') Praecipe for Writ of Possession A? CA) C-) x ?. FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker. Jr. PA I.D. #55414 Cynthia M. Dormsh PA I.D. 459890 Pamela L. Brickner PA I.D. 4209392 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 Tammac Holdings Corp., by and through its agent and servicer Green Tree Consumer Discount Company. CIVIL DIVISION No. 09-7539 Civil Term Plaintiff. V. Mildred D. Holla?nr}d, , 5I !09 E . TrindUe Pd Kinatsburl oUenda? PA 1'70gr PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a Writ of Possession in the above captioned matter for the 2002 Redman manufactured home (serial no. 12238693AB) and accessories located at 5169 E. Trindle Road #35 Kingsbury Mobile Home Park, Mechanicsburg, PA, 17055. O U4. oo P.0 ATTY 31.44 C9F 50,31 78. so if 14• oo .. 14, oo A4.00 " ;q.9 615-Pa AT TI Respectfully submitted, ELKER & ASSOCIATAS, P.C. M. Dornish ?s for Plaintiff Voelker & Associates, P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 $a. oo Due 01 ,-?Irn58 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.. November 3. 2011. Mildred D. Holland 5169 E. Trindle Road #35 Kingsbury Mobile Home Park Mechanicsburg, PA 17055. VQBLKER & ASSOCIATE, S, P.C. Ll- t i M.Oor'nish Attorns for Plaintiff Voelker & Associates. P.C. Hampton Stoneworks Professional Building 3960 Route 8. Suite 200 Allison Park. PA 15101-3603 (412) 486-8800 SHERIFF'S OFFICE OF CUMBERLAND COUNTY .nderson Rktyxty c�i turatar r ySSmith " �,C� ,nief Deputy Richard WStewart � ' a.2rr: OC 15 'ic I" Solicitor OMCE OF'HE f f.ERiFa . ,.. i 1# ERL_1a#` D PENNSYLVANIA Tammac Holdings Corp. Case Number vs. Mildred D. Holland 2009-7539 SHERIFF'S RETURN OF SERVICE 11/14/2011 08:57 PM - Deputy Gerald Worthington, being duly sworn according to law, served the requested Writ of Possession by"personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Mildred D. Holland at 5169 E. Trindle Road#35, Kingsbury Mobile Home Park/ Hampden Twp., Mechanicsburg, PA 17055, Cumberland County, informed Defendant of contents of same and posted Sheriffs Notice on premises. 11/18/2011 Possession cancelled at request of plaintiffs attorney. 10/15/2013 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $41.26 SO ANSWERS, October 15, 2013 RONR ANDERSON, SHERIFF C1 , (c)CCuntySui e Shenf,"releoscft,inC.