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HomeMy WebLinkAbout14-5594 g Supreme Co ''f ennsylvania CQll)"A P.CoRlII�O eaS For Prothonotary Use Only: '':is Racket No: CUM .A" County IeM The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service ofpleadings or other papers as required bj1 law or rules of court. Commencement of Action: S Complaint ® Writ of Summons Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: U.S. Bank, N.A. et al George L. Bigler and Marcella A. Bigler T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes ixs No (check one) �1 outside arbitration limits O N Is this a Class Action Suit? D Yes El No Is this an MDJAppeal? 0 Yes ,XI No A Name of Plaintiff/Appellant's Attorney: Erin P. Dyer Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional ] Buyer Plaintiff Administrative Agencies Malicious Prosecution ®Debt Collection:Credit Card n Board of Assessment M Motor Vehicle Q Debt Collection:Other FIA Board of Elections Nuisance E3 Dept.of Transportation E] Premises Liability 0 Statutory Appeal:Other S E] Product Liability(does not include fj Employment Dispute: T,� mass tort).[�' � Slander/Libel/Defamation Discrimination �� C Other: Employment Dispute:Other 0 Zoning Board ,r 0 Other: I ® Other: Q MASS TORT Q Asbestos N I Tobacco f....l Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS a Toxic Waste Other: [3 Ejectment MIDCommon Law/Statutory Arbitration Bi FI--I Eminent Domain/Condemnation M Declaratory Judgment Cre Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY M1 Mortgage Foreclosure:Commercial Q Quo Warranto Q Dental 0 Partition Replevin Q Legal El Quiet Title Other: Medical Other: Q Other Professional: , Undated 11112411 9 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., -AS TRUSTEE FOR CIVIL DIVISION LEHMAN ABS MANUFACTURED HOUSING CONTRACT No. l -.55q� SENIOR/SUBORDINATE ASSET- BACKED CERTIFICATE TRUST, SERIES - 2001-B, BY GREEN TREE SERVICING LLC AS SERVICER WITH DELEGATED AUTHORITY UNDER THE `_�-I> i) C)C TRANSACTION DOCUMENTS, c� T COMPLAINT IN REPLEV114 'C_-_') PLAINTIFF V. Filed on behalf of Plaintiff: U.S. Bank, N.A., as trustee for GEORGE L. BIGLER AND MARCELLAA. Lehman ABS Manufactured Housing BIGLER, Contract Senior/Subordinate Asset- Backed Certificate Trust, Series 2001- 6, by Green Tree Servicing LLC as DEFENDANTS. servicer with delegated authority under the transaction documents Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 Dyer Law Firm, P.C. 5743 Centre Avenue Pittsburgh, PA 15206 412-361-1000(p) 412-361-6800(f) S 115.n5 P p A-MY C 8)D3 0 31135(0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION LEHMAN ABS MANUFACTURED ) HOUSING CONTRACT ) No. SENIOR/SUBORDINATE ASSET- ) BACKED CERTIFICATE TRUST, ) SERIES 2001-13, BY GREEN TREE ) SERVICING LLC AS SERVICER WITH ) COMPLAINT IN REPLEVIN DELEGATED AUTHORITY UNDER THE ) TRANSACTION DOCUMENTS, ) PLAINTIFF, V GEORGE L. BIGLER AND MARCELLA A. BIGLER, DEFENDANTS. NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 'IF YOU DO NOT HAVE A LAWYER, 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 OFFICE LEGAL SERVICES TO ELIGIBLE PERSONS ATA REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 P A f F 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION LEHMAN ABS MANUFACTURED ) HOUSING CONTRACT ) No. SENIOR/SUBORDINATE ASSET-BACKED ) CERTIFICATE TRUST,.SERIES2001-B, BY ) GREEN TREE SERVICING LLC AS ) SERVICER WITH DELEGATED ) AUTHORITY UNDER THE TRANSACTION ) DOCUMENTS, ) PLAINTIFF, V. GEORGE L. BIGLER AND MARCELLA A. BIGLER, DEFENDANTS. AVISO LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personaimente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.SI USTED NO TIENE UN ABOGADO, LLAME O VAYAA LA SIGUIENTE OFICINA.ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford Street - -- - - - Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION . LEHMAN ABS MANUFACTURED ) HOUSING CONTRACT ) No. SENIOR/SUBORDINATE ASSET- ) BACKED CERTIFICATE TRUST, ) THIS FIRM IS A DEBT COLLECTOR SERIES 2001-B, BY GREEN TREE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR SERVICING LLC AS SERVICER WITH ) THAT PURPOSE. IF YOU HAVE PREVIOUSLY DELEGATED AUTHORITY UNDERTHE ) RECEIVED A DISCHARGE IN BANKRUPTCY TRANSACTION DOCUMENTS, AND THIS DEBT WAS NOT REAFFIRMED,THIS NOTICE IS NOT AND SHOULD NOT BE PLAINTIFF, ) CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. V. GEORGE L. BIGLER AND MARCELLA A. BIGLER,' DEFENDANTS. COMPLAINT IN REPLEVIN COUNT I - REPLEVIN AND NOW, comes U.S. Bank, N.A., as trustee for Lehman ABS Manufactured Housing Contract Senior/Subordinate Asset-Backed Certificate Trust, Series 2001-B, by Green Tree Servicing LLC as servicer with delegated authority under the transaction documents, by and through its attorneys, Dyer Law Firm, P.C., and Erin P. Dyer, and files its Complaint in Replevin and avers the following in support thereof: 1. Plaintiff, U.S. Bank, N.A., as trustee on behalf of Lehman ABS Manufactured Housing Contract Senior/Subordinate Asset-Backed Certificate Trust, Series 2001-B, ("U.S. Bank"), 'is a securitized trust duly authorized to conduct business in the Commonwealth of Pennsylvania and has a principal place of business in care of Green Tree Servicing LLC, a limited liability company, at 1400 Turbine Drive; Rapid City, South Dakota 57703. i .g. 2. George L. Bigler and Marcella A. Bigler("Defendants") are adult individuals whose last known address is 50 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania 17241. 3. This Court has proper jurisdiction and venue over this matter because it involves the right to possession of that certain personal property located in Cumberland County, Pennsylvania. 4. On or about June 9, 1998, 'Defendants purchased a 1998 Astro DE97, Serial NumberAP980192AB, (the"manufactured home")from Carlisle Mobile Homes, Inc. ("Seller") and entered into a written Manufactured Home Retail Installment Contract and Security Agreement ("Security Agreement") for the payment of a portion of the purchase price thereof. A copy of the Security Agreement is attached hereto and incorporated herein as Exhibit "A." 5. Sellerassigned its interest in the Security Agreement to the CIT Group, Sales Financing, Inc ("CIT"). CIT recorded its first lien on the Certificate of Title for the home. A copy of the Certificate of Title is attached hereto and incorporated herein as Exhibit"B." 6. CIT later assigned its servicing rights and responsibilities under the Security Agreement to Plaintiff herein. 7. Defendants defaulted under the terms of the Security Agreement by failing to make payments when due. 8. On or about June 2, 2014, Plaintiff provided Defendant/s with thirty(30)days notice of intent to repossess the manufactured home. A copy of the notice of intent to repossess the manufactured home is attached hereto and incorporated herein as Exhibit "C." S 9. Defendants failed to cure the default or return the manufactured home upon Plaintiffs demand. 10. As of September 18, 2014, the Defendants' payments of principal and interest were in arrears in the amount of$1,935.53. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of September 18, 2014, is $51,330.37. 11. The approximate retail value of the manufactured home is $52,000. 12. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of the manufactured home. 13. The Security Agreement provides that in the event of default, Defendants will pay: a. the reasonable attorney's fees of seller or of seller's assignee, provided that prior to commencement of legal action such fee shall not exceed $50.00; b. court costs and disbursements; and C. costs incurred by seller or of seller's assignee to foreclose on the manufactured home including the costs of storing, reconditioning and reselling the manufactured home. 14. IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE,THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY(30)DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST.PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FORADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. WHEREFORE, Plaintiff, U.S. Bank, N.A., as trustee for Lehman ABS Manufactured Housing Contract Senior/Subordinate Asset-Backed Certificate Trust, Series 2001-B, by Green Tree Servicing LLC as servicer with delegated authority under the transaction documents, requests: a) judgment against the Defendants to recover possession of the manufactured home, plus detention damages, special damages consisting of inter a/ia, detaching and transporting the manufactured home, shipping fees, any cost for insurance placed on the manufactured home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the manufactured home; and b) In the event Plaintiff repossesses the manufactured home and resells or otherwise disposes of the manufactured home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the manufactured home, less expenses. COUNT II - DAMAGES By way of separate and alternative pleading, Plaintiff, U.S. Bank, N.A., as trustee for Lehman ABS Manufactured Housing Contract Senior/Subordinate Asset-Backed Certificate Trust, Series 2001-B, by Green Tree Servicing LLC as servicer with delegated authority under the transaction documents, alleges the following: 15. Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though fully set forth. 16. This Count is brought in the alternative to the relief sought in Count I. 9 WHEREFORE, Plaintiff, U.S. Bank, N.A., as trustee for Lehman ABS Manufactured Housing Contract Senior/Subordinate Asset-Backed Certificate Trust, Series 2001-B, by Green Tree Servicing LLC as servicer with delegated authority under the transaction documents, requests: a) judgment against the Defendants in the amount of$51,330.37 with interest and late charges plus detention damages, special damages consisting of inter alia, detaching and transporting the manufactured home, shipping fees, any cost for insurance placed on the manufactured home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees'and costs of litigation in order to obtain possession of the manufactured home; and b) In the event Plaintiff repossesses the manufactured home and resells or otherwise disposes of the manufactured home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the manufactured home, less expenses. Respectfully submitted, Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff Dyer Law Firm,.P.C. 5743 Centre Avenue Pittsburgh, PA 15206 412-361-1000(p) 412-361-6800(f) 5 y. 9 VERIFICATION Erin P. Dyer, Esquire, on behalf of U.S. Bank, N.A., as trustee for Lehman ABS Manufactured Housing Contract Senior/Subordinate Asset-Backed Certificate Trust, Series 2001-B, by Green Tree Servicing LLC as servicer with delegated authority under the transaction documents, as its attorney deposes and says subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing are true and correct to the best of his information and belief. He signs the Affidavit on behalf of the Plaintiff because the Plaintiff is outside this jurisdiction and, therefore, the Plaintiff's Verification cannot be timely obtained. Upon request, the Plaintiff will provide its Verification. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff Dyer Law Firm, P.C. 5743 Centre Avenue Pittsburgh, PA 15206 412-361-1000(p) 412-361-6800(f) LAGreen Tree\Bigler,George&Marcella\CM.wpd + z EXHIBIT A SECURITY AGREEMENT MAR-IP;-2003 14:31 US BANK DCS VAULT 651 244 8330 P.11i16 Note:This contract is Intended to be assigned SECURITYAGREEMENT only to The CIT Group/Sales Financing,Inc. Date: Foroffce Use Only Transaction# Month/Day Year RBC Dealer Note:Customers)MustAlso Sign Separate � !4,�� Credit Insurance Elacdon On Page 5 Grstamar(s)Nam(s)and Address(es) Seller Name and Address GEORGE L.BIGLER CARLISLE MOBILE HOMES,INC. MARCELLA A.BIGLER 1145 HARRISBURG PIKE 50 PEACHY ANN DR CARLISLE,PA 17013 NEWYILLB,PA 17741 The words"I","me"and"my"refer to the Customer and Co-Customer signing this tonitact jointly and severally. The words"you". and"your"tefer to the Seller (or Holder if this contmetis assigned). ANNUAL PERCENTAGE RATE R.4 9 % 6 The cost of my credit as a yearly rate. FINANCE CHARGE $ 118,30 B.70 -The dollar amount the credit will cost me. Amount Financed $ 57,452,50— -The amount of credit provided to me or on my behalf, Total of Payments.,,.,,., $ 173,761-30 -,'litre amount l will have paid afttr I have made all payments as scheduled. Total Sale Price $ 100,261,20— -The total cost of my purabase on credit,including my downpayment of$ 6.5 0 o a o My payment Number of Payments Amount of Payments When Payments Are Due schedule will be 360 $46 2.67 Mcn�tr.be8lnning cl v 3' _1�9_ SECURITY- I am giving you a security interest in the commodity purchased in this transaction. []If this box is checked,I am also giving you a mortgage or a deed of trust in the real estate described in the attached&hibit A. LATE CHARGE- If a payment is more than 10 days late,I will pay you 2%per month of the late amount for each month of fractional pan of a month exceeding 10 days. PREPAYMENT- H I pay off early,I will not have to pay a penalty. ASSUMPTION- Someone buying my commodity may,subject to conditions,be allowed to assume the remainder of the contract on the original tears. See the contract document for any additional information about nonpayment,default,and any required repayment in full before the scheduled date. IF I DO NOT MEET MY CONTRACT OBLIGATIONS,I MAY LOSE MY MOTOR VEHICLE AND ANY OTHER PROPERTY THAT I BOUGHT UNDER THIS CONTRACT. Commodity and Equipment(Describe) I have today bought and received in satisfactory condition the commodity described below,including allacbmcuts, equipment, accessories and related services (referred to collectively in this contract as "commodity"), ut►der the terms and provisions of this contract. New or Used Year and Make Series,Make or Trade Name Descrodan (Also No.,ifappffcable) NEW 1998 ASTRO DE97 62 X 29 ldenn*ation No.(Serial or Motor No.) State Regirrrarion No. AP980192,AI980192 IN Air Cond./Serial No. Dryer/Serial No. All washer/Sedai No. /i/ R Refrigerator/Serial No. ®Range/Serial No. E]Awnings 5QSkititing ❑Furniture ®Other(Describe) -h;";I,,,,9 Will be kept at BURKHOLDER'S CUMBERLAND PA eommy sure Continued on next page) OF41(s) 4- 14A(vna) �o<.�ti f'q�e I of6 r/XV-Penngtwnio-AR.+icdlnt�res 495!65 MMR-18-2003 14:32 US BANK DCS VAULT 651 244 8330 P.12i16 Itemization of Amount Financed 1.Cash Price (0 ....5 63,900.00 Cash Downpayment � ,... $ i,3oo,00 ...... Trade-in(Year,Make,Model) 3 SHULTZ SHULTZ a.Gross $ 5,200.00 b.Law OwinZ S 0.00 Paid To c.Net TtadcAn $ 51200.00 2.Total D0 a cru[ ,., $ 6,500.00 3.Unpaid Balance of Cash Price(1 minus 2, 57,400.00 4.Insurance Charges a-Ins,on the Commodity( months term from the datehereof):....._..I...I..... S 0.00 b.Personal Liability Ins.( months term fmm the date hereof) 3 0.00 Paid to c.Ctcdit Life Insurance( months rhe Insurance Company* term from the date hereof) $ 0.00 .......... ........ d.Credit Accident&Health fns.( months term from the date hereof)...................S 0.00 Insurance Pmmium Costs(Total a thtu d)....... S 25.00 5.Other Charges a.Recording/Filing Fees . S 0.00 b.Taxes(Not included in Cash Ptice)...... S 0.00 c.license Fees „$ 0.00 ,P Certif,of Tide Fees S 27.50 ('Torsi) Public aid Offtciais Registration Fees......3 0.00 $ 27.50 d. Appraisal Fee....................................$ 0.00 to e.Title Exam.Fee S 0.00 to f.Title Ins,Premium....... .. ..................S 0.00 to g.Service Warranty Contract*............... S 0.00 to h.Documentary Fee to Seller.................$ 0.00 Total Other Charges,(a thru h).......................S 27.50 6. Amount Financed(3 +4+5)....... .................$ 57,452.50 *You may be retaining a portion of these amounts. Date you stmt charging finance charge,if not the same as the date of this contract: (If a date is filled in,it means tbat I have not yct ruccived the commodity,but expect to receive it by that date) Torras and Conditions Promise to Pay - I will pay you the Amount Financed shown on page 1 together with a Finance Charge in accordance with the payment schedule set forth on page 1. Payments mill be applied to accrued Finance Charge before the unpaid Amount Financed. The final payment in all cases will be the unpaid Amount Financed plus accrued and unpaid Finance Charge. Derault-If a payment is more than 10 days late,I will be charged a late charge equal to 2%of the unpaid amount of the payment for each[Hoath or fractional pan of a month exceeding 10 days. A Finance Charge accrues on the unpaid Amount Financed at the disclosed Annual Percentage Rate until my contract is paid in full.If you accept late payments or partial payments, that does not mean you will accept other late or partial payments.If I do not make any of my scheduled payments,or if I do not comply with any other requirements of this contract,or if bankruptcy or insolvency proceedings atc brought by or against me, the full unpaid Amount Financed and accrued and unpaid Finance Charge which I owe will become due at your option,upon notice to me if required by law.If you repossess the commodity and I have not redeemed it within the applicable time period described below,you may sell the commodity and you have all the rights of a secured party under the Uniform Commercial Code. If you sell my (Con ped on nex alae) ogot9B J7:er lniric[O)X.M. X f, 2-MG3 Page 2 of d VOLE!,C:EoR6B 2BS�af MPR—iQ-2003 14=32 US BANK DCS VAULT 651 244 8330 P.13/16 commodity,you have the right to sell to a dcaler.'Me proceeds of the sale(minus attorneys'fees,court costs and cXpenses of repossession, storage,repair and disposition)will be credited to my unpaid balance.If any money is left over after you have applied it to my obligation under this contract,it will be paid to tne,but if any money is still owing,I agree to pay you the balance. Commodities Other Than Manufactured Housing - If I am in default you may accelerate the balance due, repossess the commodity or commence legal action against me on this contract.If the commodity is repossessed after it default,you may,at your option,give me the right to redeem the commodity and reinstate the contract.If the commodity has been repossessed other than by legal process,you will send me a written notice of repossession.If the commodity is redeemed and the contract is reinstated after repossession I must pay you all past-due installments and the costs of sult,if any;provided that if default at the time of repossession was in excess of 15 Clays,l must also pay the actual,necessary and reasonable cost of retaking,stating and repairing the commodity. If the commodity was repossessed other than by legal process.I have the right to redeem the commodity and terminate the contract within 15 days afar notice of repossession is mailed to me.To do so,I must pay the entire unpaid balance,plus accrued and unpald finance cbarge and the costs,charges and expenses referred to above.If I do not redeem the commodity as stated above,you may sell it,and I lose all claim to the commodity. Manufactured Housing-If I am in default,and I have not abandoned or voluntarily surrendered the manufactured housing to you,you may accelerate the balance due,repossess the manufactured housing,or commence legal action against me on this contract only if you give me 30 days prior written notice of your intention to do so,sent by registered or certified mail to the address at which the manufactured housing is located.The notice must identify this couttact as the contract involved and must state the nature of the default my right to eliminate the default, the performance and/or amount of money necessary to eliminate the default,the fact tbat I may eliminate the default at any time before title to the manufactured housing is legally taken from me(which cannot occur until at least 45 days after my receipt of your notice) and the method or methods by which my ownership or possession of the manufactured housing may be terminated.I or anyone on my behalf may eliminate the default up to 3 times in any calendar year by paying the unaccelerated amount due at the time of payment,performing any other obligation due in the absence of acceleration,paying any late charges provided for in this contract,paying any reasonable costs you actually incur in detaching and transporting the manufactured housing to the site of sale, paying reasonable attorney'a fees paid to an attorney not a salaried employee of yours,and paying costs of commencing legal action actually incurred-No attorney's fees may be charged for expenses incurred prior to the time you send me the 30 day notice described above and,prior to commencement of legal action, attorney's fees are limited to$50. If I cure a default,I will be restored to the same position I would have been in had the default not occurred. Notice is not required as described above if I have cured defaults 3 times previously within a calendar year after receiving notice from you,or if I have abandoned or voluntarily surrendered the manufactured housing. Rebate for Prepayment-At any time,I have the right to pay this contract in full or to pay more than my schedule requires.If I pay in full ahead of schedule,I will not be required to pay any portion of the Finance Charge which you have not yet earned. The Finance Charge represents estimated total charges which will be deducted from monthly payments,based on application of the disclosed Annual Percentage Rate to the unpaid Amount Furanccd. Security Interest-You will retain title to,and are granted a security interest under the lyniform Commercial Code in the commodity and all proceeds thereof and accessions thereto until I have paid the balance in full and completely satisfied all other requirements of this contract and any modifications to it.I assign to you any insurance proceeds relating to the commodity,including return or unearned premiums for application to the unpaid balance.I direct any insurer to pay you directly.In the event of default,you may cancel all insurance and credit any refund to the unpaid balance.I waive all marital rights,homestead exemption and all other exemptions relating to any property in which I have granted you a security interest. If disclosed an page 1 of this contract,I have also given a mortgage or dyed of trust in the real estate described in Exhibit A to this contract and its proceeds as security for this contract You agree to waive and disclaim any security interest in the real estate described in Exhibit A to this contract which may be created in your favor by operation of law in connection with this transaction including but not limited to matcrialman's Bens,mechanic's liens,artisan's liens and vendor's liens as a result of goods and services provided in connection with this transaction. Total Sale Price - I had a choice of paying either the Cash Price or the Total Sale Price and chose the latter. (Cont' ed on next p e) a(?Vz*a 0.41 laisio!(s) 2-3162C Page 3 of 6 a/6Z.ER GEORGE 2a5�aS MAR-16-2003 14:33 US BANK DCS VAULT 651 244 0330 P.14i16 For term of _months from the date hereof.Customer may choose the agent and insurer through or by which the insurance described above is to be placed. Total Ptemium for insurance coverages described above if obtained from or through Seller$ 0.00 Unless a Ptetnium for Liability Insurance is Disclosed above: INSURANCE COVERAGES ABOVE DO NOT INSURE AGAINST LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED TO OTHERS. If insurance on the commodity is not included hetcin,I will furnish copy of policy,with long fonn loss payable clause,purchased from: Agenr's Name and Address: Name of Insurance Company: Credit Insurance Election Credit Insurance is not required by Seiler. The undersigned(check applica6Je bases): Request(s)Credit Life Insurance on the life of the Customer who first signs below,the cost of which is shown in Item 4c in the Itemization of Amount Financed on page 2 for the term of months. Request(s)Joint Credit Life Insurance on the lives of both Customers,the cost of which is shown in Item 4c on page 2 for the term of months. Requcst(s)Ctulit Accident and Health Insurance cm the Customer who first signs below,the cost of which is shown in Item 4d on page 2 for the term of months. Do(ca)not want any Credit Insurance. r / S Customs Signature abov tetrteaft Dare ev-c4&uurs Signature to above resent Date Used Vehicle Notice: If this is a credit sale of a used motorized vehicle,,other than a motorcycle,with a gross vehicle weight rating (GVWR)of less than 8,500 lbs.,a curb weight of less than 6,000]hs.,and a frontal area of less than 46 sq.ft.,then the following statements about the window form apply to this contract: The information you see on the window form for this vehicle Is part of this contract, ftdormadon on the window form overrides any contrary provisions in the contract of sale. Disclaimer of Warranties: No warranties, express or implied, representations, promises or statements as to the condition, lilneas or merchantability of the commodity have been trade by you unless covered by a separate statement delivered to me.A statement as to year model Is for Identification only.No changes may be made in the requirements of ibis paragraph unless in writing and signed by you and me.If any part of this paragraph is not permitted by law,that part will be ineffective,but the remainder of the paragraph will remain in force. (Gond a on net e) tt:5s Inirial(s)X aye risefi X� z•st621t Fags f6 81GLEP.090AGg 2WJ85 MAR-18-2003 14:33 US BANK BCS VAULT 651 244 8330 P.15i16 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIINLS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO THE BUYER: Do not sign this contract in blank You are entitled to an exact copy of the contract you sign. Keop it to protect your legal rights. 4 q�j� �,, t-j 6&z9k Ctcsrome GEORGE L.BIGLER Date do--tftorner MARC LA A.BIGLER Date This contract is accepted by the Seller and is assigned Because the Seller has agr+ecd to sell the commodity by the Seller under the terms of the assignment described on page 1 to the Customer, I agree to give the attached. seller a security interest in the commodity. I am not obligated to pap by signing belo-, By ignarvre of Seller Dare — Signature pf on-Db4gor Spouse CARLISL$MOBILE HOMES,INC. Installmenr Seller License Cerrificatc No. Y7] 999'—z Name of Seller I (We) received an exact copy of the above contract at the time I (We) signed it. Such copy contained Seller's signature identical with such signature on the original. Full Address of Co-Customer: Cuseo►ner Co-Customer 04*4m 17'47 Paga 6 Ofd 2.3162F MU4af i MAR—le-2003 1433 US HANK DCS VAULT 651 244 8330 P.16i16 SELLER'S ASSIGNMENT �Wwnicr(r)Naine(s)and Addnru(ar) GEORGE L.BIGLER se/fee aMWildAddnrt MARCELLA A.BIGLER CARLISLE MOBILE HOMES INC, 50 PEACRY ANN DR 1145 HARRISBURG PIKE NEW PA 1'7241 COMryrr Date type ofCamracr CARLISLE PA 17013 C04li fteml Descrtotten +r+t Agreement 1999 ASTRO DEQ lmaunrFlnctnced THE CIT GROUP s 557,45250 (assignee): I ALES 14�lANCING'INC' which is effective against all persons,If the co Seller hereby sells and is to be kept in a jur"Cdon that docs mmodity above CCM) �ssigas The assignee named certificate of title for art or all of the cot issue a above described contract and all Seller will have duI P commodity, interests in any Property therebyY filed one or more UCC-1 rights under an sold,and Seller's ftnaacjng statetneats to perfect such security interest or Y guaron[ec, without recourse as to lien,as permitted by law. if the Commodity coasiyts of die Ctutorner's obligation of a be otherwise provided herein Yment, e7keept as may or includes a vessel to be fede agreement betweenor m enY underlying will follow g tally documented,Seller Seller and C1T or in an assignee's instructions. Seller is the sole executed by Seller,with anyguarantee and unconditional owner of the contract and has the full power to CIT a e andT*s or tight and authority to assign it to C)T, p co py of the Seller's name to collect and discharge the saran and to take all such legal or other contract, identical with the original, was given to the Proceedings as Seller might Customer prior to co take,save for this assigtultent nsutnmation of the transaetiog, As to the contract herob Seller also bas given the Custamar a copy of any other Y assjgned to CIT, Seller document relating to this financing warrants as follows: To the extent required,if any, for documentation of the the sale to the or the titling or Seller a duly licensed. and the �l�eat to CIT Commodity,7be tomer was of The contract was e c legal age and was competent to execute the contract on connection with and arose fcorn a bona fide saletto the �e date of execution. The contract and Customer of the tee thereof are genuine, le al „ Y gran for PPOPenY, goods and/or services the(till Total Sale g ly did send enforceable for described is the contract and in related documents. Price.Neither the Customer nor any ptoPercY, Dods and)or services nf6 other has asserted of alleged nor shall the g sold to the Customer y arc fully and correctly described in the contract,and 2111 Customer orranyore cr ersonhe as grurlalle any right statements of fact, all iafartaa[ioa colt Y Customer and all st, concerning the of rescission or cancellation or g Letnenrs�e by the Customer on set-off ar counterclaim of an any claim,defense, the contract or an any documents related thereto true and correct in all ars down a Y kind. No par[ of the respects. An P Yment shown as paid in cash is owing by loan and/or services described in the contract were � or note, and Seller received any trade-in shown for the delivered to and accepted the Y allowance stated !n the contract. Seiler and Customer. furnished and Customer. Seller has have not,without the prior written consent of installed all articles and materials, has executed any agreement r fully completed all work which Assignee' elation for the contract and has paid fora lira capsid- mediation of an requiring arbitration or paid for all labor and whatsoever undo or a�� claims, suits or disputes materials used is connection with said work. Seller contract_ Seller any Way related to the hes clear title to any and all property has full c within contras P pent' covered by the contract is valid under an Y omplied with, and the t free of all liens and encumbrances,except for reY and 2111 applicable laws and the contract. The contract will evidence a valid reser_ regulations, including but not limited to vation of title to or first lien'upon Truth-lb-Lending Ac the Bederal the eotntnodity and g Ilje Federal Falual Credit ions of c will have been so filed or recorded or Hated on the title, federal Act, any laws and re th if permitted or required by law ral governtneat or any state or a[hertgovernm government Perfected fust security • as [o provide a fully controlling consumer and/or in+ltallmcat credit tiattsac tY est in assignee's natae tions ass well as any regulations or rules promulgated Continued OR page 2 72.39"A(7jl 7)AlrlASmQ ddJ Deaer Initial(,)0404" XT X- P48e 1 oft TOTAL P.16 i EXHIBIT B CERTIFICATE OF TITLE MAR-18-2003 14:30 US BANK DCS VAULT — )I _ 651 244 8330 P.09/16 DEPARTMENT OF TRANSPORTATION CER`T'IFICATE'OF TITLE FOR A,VEHICLE 129203 qa ASTRp gQgy9t# r' ueWLLE IpcwvmAmre NUMBER YEAR MANC 0FYEIM — TITLE K"IfA lid .. __ 9J29191 }P. M.:' BODT•TYPR r ouP r 1"j;AP I FRIORTM95TATS I 000&LFMXV,VATE 'ODOM.MREY �:_.;,'.mObt-0tATL4 - �1�,'!,6_r¢1>•f3 OATI PaTrtL,EO CATS OF I.BU• IINLAOEN WUGxr CYw11 OCWR TIME•flnM OPOMOTEA STATUS iFv Tf. pr ACTUAL a.LEAOE MLCAOC•XCOWdI KC w60—NICA4 •. , , . ... M1; 1•I•b?-.:d•J-t_�.,r»,h. • •" �.IIOTyIIC aCTVAi fALLEAL1fi A.IATT TK AMAX MMM-ODOWTEA TvdaPEllWrr YEgFlC) ODOMETER DISCLOSURE EXEMPT BY' FEDERAL LAM • REaBiE�DWNFRIS) , Tal.0 ORAWDB A•APOTME VENMA[ GI=QRGE L !; MARCELLA A Qa Q.,L.Ipiagvg F-CUT COMMVGNICIi P.cur of co BIgLER 6. V.iOpwDNa+.. 5O "PEACHY ANM DR �:Almo�VW�{ , NE4VILLE PA 117241 n:i oN%Ta�EOE" ` _ 8 r.TRM RDC fa AWAVEM THE'Pr VE WME V-VEI.CLECCNTAPISppsk EDaw j 5 Y.IWWABA � TA,Ip FMQT�JFII ryNCR OF: / CEOONDUEN PAVDR Cf . THE, GIT GR13UP*SALE5• �INANCINC INC A a-ww aMcld.r H Edw nen Yp�npn d Inq N.1 den.Ino bw wft mr IT"fa.dd.Tido to Ba Wnw of MWd Y.W .Wu+Ihr AFpropri%w knm wW .. PIR{T LIB�}RELF IBE'D DATE 'I gy, ee�oNq uEN r�i ASE �v.—�, FMA1N0 AOOAQS! lJCpRIgD ATIYC 031DO71 THE CIT. GROUP.SALES FINANCING INC PO BOX 2Mb1D OKLAHOMA CITY OK 731124 � 1 caddy m d Ua dNl of k+w,d7o nrridAl nrearM d tlr.PwTnylririll U.QM71.nt BitAVLEY' L -DRY d Truprum+rdod OW MI.ONOW90)Or oorpeny nwmd 11m.tI a p1.I.w"a.ner e1Ills"to V"O. Sco*Nr7 or Truss r Ikm APPLICATIOrJ FORAr—JD • 1 WMn.OobFd br IIM`Rth.ww:raT�o/�0r Van fnr►apw.•.at+.el aro ae SUASORIR6D AI$1711W RN p,.N y.Ny 1 pp 1pa�k pIWeWO,ItY MI La tW.O Y"T.nana N OanYrCn". T+?Pmt MR A 0 hW Twwio oM1 RIBM of S rJ-NNp Ian ftWh d ono owner,Ola Boe. b M.YMMrp orwrQ. • T.A.de kl Cwmwn Ian da.dl d wrf oTrn.r,�Mro l d air • poi w No MIhLLd a od.l.). • •, •AO IST LIEN DATE: ♦Tr No UZIN.CMECK d IST U&O OLCCR Ul , 7"MW d! lJTT' STAT[ 2M CD -_ PI4Wp1ALINlTRVfICw wVMdi<R C) SND t.p?M DATE• ♦IF NO LIEN,CHECA 1 Tlw unowwwIM MoCy kwfr.aoomWn)a ewsli-IA d TOe b pro wWd.OVA d _I .Eer.,.Ubf.fia lh.lriWRClinaN.Ad adMr bp.I ddRM fM ieM I11fA2ND U914IIOLD01 /w MEET �/©• CITV IFTATE ZIP IV Ln aw."AM OF CO VKCANRTIR.E OF A"400WID SOPP FINANCIAL.N2Tn TION NUMOCR I _ I EXHIBIT C NOTICE OF DEFAULT PA Home Only i Green Tree Servicing LLC , relationships that work 800-643-0202 green tree® 10300 Spotsylvania Ave, Suite #350 Fredericksburg, VA 22408 Certified Mail Receipt No. 9307 1200 1910 0007 1146 66 + 0485069 000000483 .096002 0061163 GEORGE L. BIGLER 50 PEACHY ANN DR NOTICE OF DEFAULT NEWVILLE PA 17241-9314 AND 1111���1'��III11,I11111� 11'��I�I��11�111�1�11,�II�IJ1�,11,1111 RIGHT TO CURE DEFAULT Date of Notice: 06/02/2014 Account No Creditor: Green Tree Servicing LLC 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 $30.78 in late fees) totaling $770.03. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $770.03, which consists of$739.25 for past due payments and $30.78 for late fees, 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$52,187.89 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 cure the default at any time before title to the collateral is lawfully transferred. Title transfer may occur no sooner than 45 days from the date you receive this notice. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for.that purpose. 1 PA Home Only NOD YMNODPA3 1.0 2/1/2010 PA Home Only Green Tree Servicing LLC relationships that work 800-643-0202 re e n t re ee 10300 Spotsylvania Ave, Suite #350 Fredericksburg, VA 22408 Certified Mail Receipt No. 9307 1200 1910 0007 1146 73 + 0485069 000000484 090002 0061163 MARCELLA A. BIGLER 50 PEACHY ANN DR NOTICE OF DEFAULT NEWVILLE PA 17241-9314 AND 'II'1�111�1111'll�'����1�1��'II��'ll'lll��l��ll��l�lllllll�lll��' RIGHT TO CURE DEFAULT Date of Notice: 06/02/2014 Account No Creditor: Green Tree Servicing LLC 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 $30.78 in late fees) totaling $770.03. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $770.03; which consists of$739.25 for past due payments and $30.78 for late fees, 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$52,187.89 shall be due and payable without any fiirther 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 cure the default at any time before title to the collateral is lawfully transferred. Title transfer may occur no sooner than 45 days from the date you receive this notice. . If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. PA Home Only NOD -- Y YMNODPA3 1.0 2/1/2010 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTYn i-71LED-OFFiCE OF THEpR0TAONATA nv ettnayikri6 2011i OCT 13 8M Hl: 01 [U COUNTY opn�ppnewwump PENNSYLVANIA .L,,,. U.S. Bank Trust, NA. vs. George L Bigler (et at) Case Number 2014-5594 SHERIFF'S RETURN OF SERVICE 09C30/2014 11:15 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint in Replevin by handing a true copy to a person representing themselves to be Marcella Bigler, wife, who accepted as "Adult Person in Charge for George L Bigler at 50 Peachy Ann Drive, Lower Mifflin, Newville, PA 17241. DENN FRY, DEP 09/30/2014 11:15 AM - Deputy Dennis Fry, being duly sworn accoring to law, served the requested Complaint in Replevin by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Marcella A Bigler at 50 Peachy Ann Drive, Lower Mifflin, Newville, PA 17241. SHERIFF COST: $57.56 SO ANSWERS, October 01, 2014 RONNYRANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION LEHMAN ABS MANUFACTURED HOUSING ) CONTRACT SENIOR/SUBORDINATE ) No. 14-5594 ASSET-BACKED CERTIFICATE TRUST, ) SERIES 2001-B, BY GREEN TREE ) SERVICING LLC AS SERVICER WITH ) DELEGATED AUTHORITY UNDER THE ) TRANSACTION DOCUMENTS, ) cTs PLAINTIFF, M -- V. — - GEORGE L. BIGLER AND MARCELLA A. ;> BIGLER __ DEFENDANTS. - PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter Judgment by Default in favor of Plaintiff, U.S. Bank, N.A., as trustee for Lehman ABS Manufactured Housing Contract Senior/Subordinate Asset-Backed Certificate Trust, Series 2001-B, by Green Tree Servicing LLC as servicer with delegated authority under the transaction documents, and against Defendants George L. Bigler and Marcella A. Bigler for their failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty days from the date of service thereof. Defendants were served with the Complaint on September 30, 2014, and their answer was due to be filed on October 20, 2014. Attached is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the Defendants at their last known address on October 24, 2014 which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 1998 Astro DE97, Serial Number AP980192AB, that being the relief demanded in the Complaint. Posse o Nc y y d ,er �Enn P. Dyer, Esquire �1 3Q ��11014/ PA ID Number: 52748 #Q-- Attorney for Plaintiff A17 �� Dyer Law Firm, P.C. 5743 Centre Avenue Q Pittsburgh, PA 15206 (412) 361-1000 Attachments: Ten Day Notice Affidavit of Non-Military Service & Last Known Address ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION LEHMANABS MANUFACTURED HOUSING ) CONTRACT SENIOR/SUBORDINATE ) No. 14-5594 ASSET-BACKED CERTIFICATE TRUST, ) SERIES 2001-B, BY GREEN TREE ) SERVICING LLC AS SERVICER WITH ) THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO DELEGATED AUTHORITY UNDER THE ) COLLECT A DEBT AND ANY INFORMATION TRANSACTION DOCUMENTS, OBTAINED WILL BE USED FOR THAT PURPOSE. IF PLAINTIFF, ) YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,THIS NOTICE IS NOT AND SHOULD V. NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT,BUT ONLY ENFORCEMENT OF A GEORGE L. BIGLER AND MARCELLA A. LIEN AGAINST PROPERTY. BIGLER, DEFENDANTS. Certificate of Mailing Certificate of Mailing George L. Bigler Marcella A. Bigler 50-Peachy Ann Drive 50 Peachy Ann Drive Newville, PA 17241 Newville, PA 17241 Date of Notice: October 24, 2014 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 WITHOUTA HEARING ANDYOU MAYLOSEYOUR PROPERTYOR 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Erin P. Dyer, Esquire Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A.,AS TRUSTEE FOR LEHMAN ) CIVIL DIVISION ABS MANUFACTURED HOUSING ) CONTRACT SENIOR/SUBORDI NATE ASSET- ) No. 14-5594 BACKED CERTIFICATE TRUST, SERIES ) 2001-13, BY GREEN TREE SERVICING LLC ) AS SERVICER WITH DELEGATED ) THIS FIRM IS A DEBT COLLECTOR ATTEMPTING AUTHORITY UNDER THE TRANSACTION ) TO COLLECT A DEBT AND ANY INFORMATION DOCUMENTS, OBTAINED WILL BE USED FOR THAT PURPOSE. PLAINTIFF, ) IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,THIS NOTICE IS NOTAND V. SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY GEORGE L. BIGLER AND MARCELLA A. ENFORCEMENT OF A LIEN AGAINST PROPERTY. BIGLER, DEFENDANTS. Certificate of Mailing Certificate of Mailing George L. Bigler Marcella A. Bigler 50 Peachy Ann Drive 50 Peachy Ann Drive Newville, PA 17241 Newville, PA 17241 Date of Notice: October 24, 2014 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus deensas o sus objeciones a las demandas en contra de su persona. Sea advisado que si usted no se defiende, la corte tomara medidas puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDAA UNABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME PORTELEFONOA LAOFICINACUYA DIRECCION SE ENCURENTRAESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Erin P. Dyer, squire Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION LEHMAN ABS MANUFACTURED ) HOUSING CONTRACT ) No. 14-5594 SENIOR/SUBORDINATE ASSET- ) BACKED CERTIFICATE TRUST, ) SERIES 2001-B, BY GREEN TREE SERVICING LLC AS SERVICER ) C� `= WITH DELEGATED AUTHORITY ) MCJ UNDER THE TRANSACTION ) - DOCUMENTS, r> )>C-) t .. PLAINTIFF, _ V. c. GEORGE L. BIGLER AND MARCELLA A. BIGLER, DEFENDANTS. AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS ERIN P. DYER,Attorney, being duly sworn according to law, deposes and says that he makes this Affidavit on behalf of the within Plaintiff, being so authorized avers that Defendant George L. Bigler and Marcella A. Bigler's place of residence is 50 Peachy Ann Drive, Newville, Cumberland County, Pennsylvania 17241 and that they are not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Servicemembers Civil Relief Act of 2003. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff Dyer Law Firm, P.C. 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION LEHMAN ABS MANUFACTURED ) HOUSI NG CONTRACT ) No. 14-5594 SENIOR/SUBORDINATE ASSET- ) BACKED CERTIFICATE TRUST,SERIES ) 2001-13, BY GREEN TREE SERVICING ) LLC AS SERVICER WITH DELEGATED ) AUTHORITY UNDER THE ) TRANSACTION DOCUMENTS, ) PLAINTIFF, V. GEORGE L. BIGLER AND MARCELLA A. BIGLER, DEFENDANTS. George L. Bigler Marcella A. Bigler 50 Peachy Ann Drive 50 Peachy Ann Drive Newville, PA 17241 Newville, PA 17241 NOTICE Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT BY DEFAULT has been entered against you in the above proceeding. %%c2)3t0hA Prothonotary of Cumberland County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR ) CIVIL DIVISION LEHMAN ABS MANUFACTURED ) HOUSING CONTRACT ) No. 14-5594 SENIOR/SUBORDINATE ASSET- ) BACKED CERTIFICATE TRUST, ) SERIES 2001-B, BY GREEN TREE ) SERVICING LLC AS SERVICER WITH ) DELEGATED AUTHORITY UNDER THE ) TRANSACTION DOCUMENTS, ) r PLAINTIFF, ��-�`-- V. GEORGE L. BIGLER AND MARCELLA A. BIGLER, - DEFENDANTS j �-nn �r1 v NewvltLe ) P# /7.2q-( PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue Writ of Possession in the above matter and direct the Sheriff of Cumberland County to: 1. Deliver possession of the following described property to Plaintiff: 1998 Astro DE97 Manufactured Home, Serial Number AP980192AB. 2. Inform George L. Bigler and Marcella A. Bigler that they have ten (10)days to remove personal items. I After ten (10) days a motor truck will transport the 1998 Astro DE97 Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile Home with a new lock for later transport. 4. Levy upon any property of George L. Bigler and Marcella A. Bigler remaining after the above-mentioned time period and sell their interest therein. go. ST // 5• TS Erin P. squire PA ID Number: 52748 / Attorney for Plaintiff pal Dyer Law Firm, P.C. 5743 Centre Avenue _ Pittsburgh, PA 15206 ,2 v2 Y_ �- (412) 361-1000 c.r �I3� 0- Al 11 -Ali a f PO W2 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank,N.A. VS. No. 14-5594 Civil Term George L. Bigler and Marcella A. Bigler 50 Peachy Ann Drive Newville, PA 17241 Costs Attorney's $218.31 Plaintiff's $ Prothonotary $ 2.25 Due Co. 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)) U.S. Bank, N.A. being: (Premises as follows): 1998 Astro DE97 Manufactured Home, Serial Number AP980192AB. (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, PA Date 11;14/14 (Seal) ' 2 of 2 No 14-5594 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA U.S.Bank,N.A. VS. George L. Bigler and Marcella A. Bigler WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 218.31 Plff(s) $ Prothy $ 2.25 Sheriff $ Plaintiff(s)attorney name and address: Dyer Law Firm Erin P. Dyer, Esquire 5743 Centre Avenue Pittsburgh, PA 15206-3707 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 So Answers, Sworn and subscribed to before me this Day of Sheriff By Prothonotary Deputy Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY l'i' i iv UIQ, NOV 19 !M 10155 Richard W Stewart -r CUMBERLAND COUNTY Solicitor P E NN S Y LVA N I A p1 C �I OFF iCo' F Tt E $N,":RIFF U.S. Bank Trust, N.A. vs. George L Bigler (et al.) Case Number 2014-5594 SHERIFF'S RETURN OF SERVICE 11/18/2014 08:33 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2014 at 2033 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the'within named defendant, to wit: George L. Bigler, by making known unto Marcella A. Bigler, wife of defendant, at 50 peachy Ann Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 11/18/2014 08:33 PM - Deputy Shawn Gutshall, 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: Marcella A Bigler at 50 Peachy Ann Drive, Lower Mifflin, Newville, PA 17241, Cumberland County, and informed Defendant of contents of same. SHERIFF COST: $53.81 SO ANSWERS, 1 November 19, 2014 RONNI R ANDERSON, SHERIFF (c) CountySui;o. Sheriff, Tck?osoft Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F1iF'[L ��THcp��0THONOTAR .| ?1)11.i NOV 20 Ali 10: 07 CUMBERLAND COUNTY PENNSYLVANIA OF THF SilERIFF U.S. Bank Trust, N.A. vs. George LBigler (et al.) Case Number 2014-5594 SHERIFF'S RETURN OF SERVICE 11/102014 Og:33pM_Shawn GutshaU.Deputy Sheriff, who being duly sworn accordto aw, states that on November 18, 2014 at 2033 hours, he served a true copy of the within writ of possession, in the above entitled action, upon the within named defendant, to wit: George L. Bigler, by making known unto Marcella A. Bigler, wife of defendant, at 50 peachy Ann Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 11/18/2014 08:33 PM - Deputy Shawn Gutshall, 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: Marcella A Bigler at 50 Peachy Ann Drive, Lower Mifflin, Newville, PA 17241, Cumberland County, and informed Defendant of contents of same. 11/19/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to Iaw, states this writ of possession is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $55.38 SO ANSWERS, November 19, 2014 RONNY R ANDERSON, SHERIFF 6 • �e�° ��� ^~^~~-~ ,e,�x�� ����`� � the _» ' ~, o' op