HomeMy WebLinkAbout05-5525
r
IN TI IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
as Agent and Scrvicer for Greenpoint Credit
Union.
CIVIL DIVISION
Plaintiff.
No, OS' - S'S':2$ C;u;l. ~82-""I.
TYPE OF PLEADING:
Complaint in Replevin
v.
Defendant.
FILED ON BEHALF OF PLAINTIFF:
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union
Eldon E. Miller.
COUNSEL OF RECORD:
Edward F. Voelker,.Jr.
PAJ.D.#55414
Chad R. Callahan
PA!.D. #82058
Gregory W. Bevington
PA J.D, #92143
Voelker & Associates, P. C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, P A 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union,
CIVIL DIVISION
No,
Plaintitl:
v.
Eldon E. Miller,
Defendant.
NOTICE
Vou have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must takc action within twenty (20) days after this complaint and notice are served,
by cntering 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.
VOU 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 YOlJ CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE VOTl WITH INFORMA TlON ABOUT AGENCIES THAT MAY OFFER LEGAL
SF:RVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PAl 70 13
800.990,9108
717,249.3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
(Jreen Tree Consumer Discount Company, as
Agent and Serviccr tor Greenpoint Credit
Union.
CIVIL DIVISION
No. Dr; - !:S'.:2S (!t'ULL <-y~
Plaintiff.
v.
Eldon E. Miller.
Defendant.
COMPLAINT IN REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, as Agent and Servicer for
Grcenpoint Credit Union, by and through its attorneys, Edward F, Voelker, Jr., Esq., Chad R.
Callahan, Gregory W. Bevington, and Voelker & Associates, P.C" and avers the following in support
oj" its Complaint in Replevin:
I. Eldon E. Miller, hereinafter referred to as "Defendant," is an individual whose last
known address is 8 Robin Drive, Newville, PA 17241-93 19.
")
Green Tree Consumer Discount Company, as Agent and Servicer tor Greenpoint
Crcdit Union hcreinafter referred to as "Plaintiff:" is duly authorized to conduct business in the
Commonwealth of Pennsylvania.
3. On or about April 18, 2000, Defendant entered into a "Note, Disclosure and Security
Agreement, and Agreement to Arbitrate ," hereinafter referred to as the "Security Agreement"
whereby Defendant tinanced from Greenpoint Credit Corp, a 1998 Champion Home Builders
-1-
Duchess manufac(urcd home (serial no. 14064E) with certain furnishings, equipment, appliances,
and accessories included at the time of purchase, hereinafter collectively referred to as the
"Manufactured Home." A true and correct copy of the Security Agreement is marked as Exhibit "A"
and is attached hcreto and made a part hereof.
4. It is believed and therefore averred that the Manufactured Home is located at the
residence of Defendant.
5. The Security Agreement was subsequently assigned for value to Plaintiff as permitted
by the Security Agreement.
6. Pursuant to the Security Agreement, Defendant promised to pay the financed an10unt
of' $32.521.50,
7. As security for the loan, Defendant, by the Security Agreement, granted Plaintiffs
predecessor-in-interest a security interest in the Manufactured Home.
8. Plaintitrs predecessor-in-interest 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 Titlc for a Vehicle is marked as Exhibit "B" and is attached hereto and made a part
hercof.
'J. Plaintiff avcrs that the approximate retail value of the Manufactured Home IS
$36,800.00.
10. Defendant has defaulted under the Security Agreement by failing to make payments
-2-
when due. As of October 13,2005, the delinquent payment amount due and owing from Defendant
to PlaintitT is $981.56.
II. As of October 13, 2005, the amount owed by Defendant to Plaintiff, not including
costs, attorneys' fees and damages for the unjust retention of the Manufactured Home, is $36,864.81.
The interest on said amount is accruing at the daily rate of$7.33.
\ 2. Oefcndant has failed to surrender the Manufactured Home upon Plaintiffs dcmand,
13. On September 5, 2005, Plaintiff provided Defendant with a Notice of Default, a true
and correct copy of the same is marked as Exhibit "COO and is attached hereto and made a part hereof.
14. Plaintiff is now entitled to immediate possession of the Manufactured Home,
15. Plaintitfis entitled to attorneys fees under the terms of the Security Agrcement.
WIIEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the
valuc of such in thc sum of $36,800.00, plus attorneys tees, costs, interest from October 13,2005,
and damagcs for the U1~just retention of the Manufactured Home.
-3-
Respectfully submitted,
VOELI~.ER & ASSOCIATES, P.c.
at
Ch,d R. C'lI~
Attorneys for Plaintiff
Voelker & Associates, P.c.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
-4-
PENNSYLVANIA
NOTE, DISCLOSURE AND SECURITY AGREEMENT,
AND AuRFFMJ;:I\IT TO ARBITRATE
(Agreement)
MH AXED RATE DIRECT LOAN
BORROWER(S): NAME: ELDON E. MILLER
NAME:
NAME:
BORROWrn5. NAME:
ADORESS:bU48 LINCOu~ HIGHWAY
STATE: PA ZIP CODE: 15522
LOCATION OF MANUFACTURED KOME:
LOAN PLAN: F01 041300
FOR OFRCE !>lUMllE'l: 79020
OFFICE LOAN SOU~b~':
USE. ACCT. NO. 0101 ( " I
,
'ONLY TRACS NO,:
...<.,. .'
.- FUNDING CODE:
''''C,,'';-'':'''
COUNTY: CUMBERLAND
CITY: BEDFORD
PKONE: (814) 623 - 6209 S. SEC.#(S): 196 - 42 - 0462
8 ROBIN DR, NEWVILLE, PA 17241
__ ("Real P!operty')
OF
'I," "me," "myself" or 'us' means all persons who sign this Agreement as borrower or co-borrower, jointly and severally, and
"you' or 'your' means the Lender indicated below. On the date of this Agreement, I borrow from you the Unpaid Balance shown
below, The manufactured home described below, together with furnishings, equipment, appliances and accessories affixed to
the manufactured home (called 'Manufactured Home') secures this loan as set forth in the Security Agreement contained
herein.
LENDER: GREENPOINT CREDIT, LLC
&.
PROMISE TO PAY: I promise to pay you at such address as you may direct the principal sum of:
THIRTY FOUR THOUSAND TWENTY ONE AND 50/100 _POLLA-~S
(US $ 34, 021 .50 ), (the 'Unpaid Balance') or so much as may be outstanding, with interest at the rate of
_ 1.3.25 %
per year until the debt is paid in full. The Unpaid Balance shall include and I wiil pay interest on any prepaia finance cnarges you
agreed to advance me. I will pay this amount in monthly installments as shown herein in the Payment Schedule until the Unpaic
Balance plus all accrued interest is fully paid. Additionally, I promise to pay any other charges that 1 may owe under the
Agreement. if on 04/17 /2 a , i still owe any amount under this Agreement, I will pay such amount in full on that date
which is called the 'Maturity Date,' When you calculate interest, every year shall have 360 days and every month shall have 3C
days and each monthly payment will be applied as of the scheduled due date.
ANNUAL PERCENTAGE RATE FlNANCE CHARGE Amount Financed Total of Payments
The cost of my credit as a yearly rate: Tns dollar amount the credit wi1l The amount of credit r:rovided The amountLwin have paId after I
oost me: to me or on my behal : have made ~\l payments as scheduled:
14.01 % $ 64,599.30 $ 32,521.50 $ 97,120.80
- , . . , Fin. Charge'" Amou~f Fin. -.
PAYMENT SCHEDULE:
Number of _ Amount of Payments . Whenpayments Are Due (Estimated)
Payments co
My 240 $ 404.67 Monthly, beginning ~.Ay. 17 200.0
payment $ .00 Monthly, beginning
schedule $ .00 Monthly, beginning
wi!Jbe:
.00 - - -
. ...
~repayment ~ I pay o~ early, I Wlli not have to pay a penalty, -
. Security: I give you a sectJlity Interest In:
X the Manufactured Home and household goods. --
-
Late Charge: If the Unpaid Balance is greater than $25.000.00 and If the paymentfs more tI1an 15 days fate, "NiU be charged a"rate chargeol5% of the
unpaid amount of such payment not to exceed $5.00.
Assumption: Someone buying my Manufactured Home may not assume the remainder of this Agreement on the original terms wtthout your prior written
consent.
Security Interest Charges; Seoulity Interest Fees $ 0.00 ~ EXHIBIT
See the terms of this Agreementfor additional information about nonpayment, default, required repayment in full befa i A aymenl
refunds and penalties. I
H
. ---. "^,,. ^hHn~t;nM "nriM this Aareement. YOU may lose your Manufactured Home and other household coods.
- - - ~ - - - - - - - - - - - - - - - - - - - - -. - - - - - --
------------------------------------------------------------
~-
Description of
Manu~actured
Home:
TRADE NAME: CHAMPION HOME BUILDERS
YEAR: 1998 NEW:
USED: _ X
SERIAL
NUMBERS:
MODEL: DUCHESS
LENGTH: 6 0
It - WIDTH: .28
It
SERIAL NUMBER
-'--.
ITEM
Ii
ITEM
\ I
ADDmONAL
ACCESSORIES
AND FURNISHINGS:
ITEMIZATlONOFAMbUNT. FINANCED
1. a. Amount of credit provided to me or on my behalt.
$ 32,494.00
b. Amount credited to my account
$
2- Amounts paid to others on my behalt."
a. To Insurance Companies: ,
(1) Property Insurance, " ,.. $
(2) Credit ure Insurance.. .. $
b. To Public Officials:
(1) Certlficate oITlUe......... $ 27.50
(2) FILING FEE $
c. To:
For:
$
d. To:
For:
~ $
e. To:
For; .. - .
! $
f. To: FINANCIAL RESOURCES & ASST. OF THE
For: BROKER FEE
, $ 1,500.00
g. To;
For:
S
h. To:
For:
$
i. To:
For:
$
j. To:
For:
$
k. To:
For:
$
3, Amounts paid to Lender: ......................... $
For:
4. Unpaid Balance (1 a and 1 b, plus 2 and 3)... $ 34,021. 50
5. Prepaid Finance Charge ......................... $ 1,500.00
6.' Amou'lt Financed (4 minus 5) .................. $ 32,521.50
" I understand and a~ree that a portion of certain of these
~ ~-- '- - ~_..- -' '-----~-- ""---- ~~".._...~ __...L~._"'_
SERIAL NUMBER
INSURANCE
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Agreement. I have the right to choose the person
through whom it is obtained. By marking my initials
next to a "Type of Insurance" listed below, I elect to
buy the insurance coverage indicated for the term and
premium shown, and I want you to finance it on this
Agreement.
Type of Insurance
Term
~
Premium
$
$
- $
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INOICATEO
IN THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: CREDIT LIFE
INSURANCE IS NOT REQUIRED FOR THIS
AGREEMENT OR A FACTOR IN ITS APPROVAL. IT
WILL NOT BE PROVIDED UNLESS I SIGN BELOW
AND AGREE TO PAY THE ADDITIONAL COST. If I
elect Credit Ufe Insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed insured
(Only spouse can be insured jointly.)
This insurance may not payoff the entire Unpaid
Balance under this Agreement. The exact amount of
coverage is shown on my policy or certificate, My
signature indicates my election to obtain Credit Life
Insurance coverage for the term and premium shown:
Physical Damage Coveca~.Q
Type of Coverage
Term
Premium
Single
$
-$
Joint
(signature)
Date
(signature)
Date
(If joint coverage is desired. both proposed insureds must sign.)
041300
c. Cancellation of Required Insurance Upon Prepayment in Full. If you have purchased any Insurance on my behalf, at m:
expense, and if I prepay in full the Unpaid Balance due under this Agreement, (1) you will provide me with any noticl
required by applicable iaw, (2) I have the right to cancel the insurance and receive a refund or credit of unearned premium:
or to continue the insurance, but unless I specifically request cancellation, the insurance will remain in effect until t~,
.scheduled expiration date,
LATE CHARGE: If the Unpaid Balance at the time of execution of tfiis Agreement is more than $25,000.00, then I agree topa:
a late charge if you have not received the full amount of any monthly payment as set forth on page 1 of this Agreement ani:
one late charge will be made on any delinquent installment regardless of the period for Which that installment remains in defaull
After this Agreement matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you $15,00 (or such higher amount as allowed by iaw) if any check given to you i,
not honored because of insufficient funds or because no such account exists.
EVENTS OF DEFAULT: I will be in defauit under this Agreement if: (a) I fail to make any payment when due; (b) I break an:
other promise I made to you in this Agreement, (c) I fail to make timely rental payments, or to pay other charges an<
assessments, relating to the Real Property and/or facility on which the Manufactured Home is located; (d) I violate restrictiv,
covenants, rules or regulations relating to the Real Property and/or facility where the Manufactured Home is located; (e) I fallt<
keep the Manufactured Home in good repair and condition, as you 'may reasonably determine; (f) I remove the Manufacture,
Home from the address shown on this Agreement unless I notify you in advance and receive your written consent; @ I sell 0
attempt to sell the Manufactured Home or to transfer any beneficial interest therein without first obtaininifyour written consent
(h) I allow the Manufactured Home to become part of any real estate without first obtaining your written consent; (i) I encumbe
or abandon the Manufactured Home or use it for hire or illegally; or (J) If any statement of fact, representation or warranty I makl
to you In my loan application or in this Agreement is false, misleading, inaccurate or incomplete. .
NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary t,
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before yO!
accelerate payment of the remaini~9...~npai~ ~~I~_~ ~_OW~)'~~.o~rE!P?~s~s_s. ?!.for.ec]ose. on.any.property which secures thi,
Agreemeiifihe-Notice'wnrfe~-me what my default is and how I can cure it. Except as otherwise required by applicable law, yO!
are not required to send me this Notice when (1) you have already sent a Notice three times within tne preceding cne-yea
period, (2) I have abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist whicl
could jeopardize your security interest.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do any or all of the following at the end of the notice pericd
as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining Unpaid Balance due under thi,
Agreement plus accrued interest; (b) you may require that I reimburse you in such manner as required by applicable law, or i
none is required in the manner requested by you with interest at the rate provided for in this Agreement, the amount of funds YOl
actually advance on my behalf to correct my default; (c) you may, but are not required to, pay taxes, insurance premiums, fees
expenses, charges, rents or assessments respecting the Manufactured Home, or satisfy liens, on or to make repairs to thE
Manufactured Home if I have not done so as required in this Agreement; (d) to the extent permitted by applicable law, you mal
cancel any insurance for which all or a part of the premiums or charges WM financed by you; obtain a refund of uneame(
premiums or charges, and apply those amounts against the Unpaid Balance, or (e) you can repossess the Manufactured Home
If you are not required to send me the Notice of Default and Right to Cure Default, you will have these rights immediately upor
my default. If you repossess the Manufactured Home, and I do not exercise any right to cure or redeem the Manufactured HomE
that I may have, you may dispose of it as required by applicable law. You will give me written notice at least fifteen (15) day'
before any repossession sale. The notice shall be sent to the address shown as Borrower's Address section on the first page 0
this Agreement or to any other address which I later give you 'in writing. Before the sale I still may get back the Manufacture(
H<Jme if I (1) pay you all installments due or past due at the time of delivery of the Manufactured Home back to me, (2) pay YOl
all unpaid delinquency or deferred charges, (3) pay you your costs of suit, including but not limited to attorneys' fees to whict
you have a right under Agreement, (4) cure any other defaults Which may have occurred, and (5) if my default at the time 0
repossession exceeded fifteen (15) days, the expenses of retaking, repairing and storing the Manufactured Home allowed bl
law. You will apply the proceeds of any repossession sale (1) first, to your expenses in selling the Manufactured Home, then (2:
to your costs of retaking, repairing and storing the Manufactured Home, then (3) to your reasonable and actual court costs an,
any attorneys' fees to which you have a right under the terms of this Agreement, then (4) to late charges, and then (5) to thE
balance still due. If there is any surplus money from the repossession sale, it will be refunded to me. If there is still a balanCE
due you, I must pay it to you, except as otherwise provided by law. If you repossess, you also may take possession of any othe;
property anywhere in or attached to the Manufactured Home. You agree to return all such property to me upon my request YOl
may hold the property for me at my risk without liability on your part. If you take possession of any such property, you will notif)
me in writing, If I do not then promptly claim and take possession of this property, you have my permission to dispose of it in E
- - - - - - - - - - - - - - - - - --- ---- ------ ----------- -- -----
-------- -------~--.-.~..._---._-
ADDITIONAL TERMS AND CONDITIONS
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Cede in (1) the Manufactured Home and ir
all goods that are or may hereafter by operation of law become accessions to It, (2) all appliances, machinery, equipment anc
other goods furnished and affixed to the Manufactured Home including but not limited to the items listed as 'Addition a
Accessories and Furnishings" on page 1 of this Agreement, (3) any refunds of unearned insurance premiums financed in thi~
Agreement, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactured Home ane
accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and performance of al
my obligations under this Agreement, including any additional debt arising because of my failure to perform my obligations unde:
this Agreement and includes any contractual extensions, renewals or modifications, Notwithsjanding any other provision of thi~
Agreement you are not granted and will not have a non-purchase money security Interest in household goods to the extent suet
a security interest would be prohibited by applicable law. To the extent permitted by applicable law, my execution of thi~
Agreement constitutes a waiver of my personal property and homestead exemption rights to the Manufactured Home hereir
described. I also authorize you, at my expense, to sign and file, without my signature, such financing and continuatior
statements, amendments, and supplements thereto, and any other documents which you may from time to time deem necessar]
to perfect, preserve and protect your security interest in the Manufacrured Home. I agree that you may file this securi~
instrument or a reproduction thereof in the real estate records or other appropriate index as a financing statement for any of thE
items specified above. Any reproduction of this security instrument or any other security agreement or financing statement anE
any extensions, renewals, or amendments thereof shall be sufficient to perfect a security interest with respect to such items.
also agree to pay any filing or recording fees necessary for you to get and keep in force your security interest, and any releaSE
fees after this Agreement is paid in full.
PREPAYMENT: I MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. If I make a partie
prepayment, there will be no change in the due dates or amounts of my monthly payments. unless you agree in writing to thos,
changes. Any prepaid finance charges are earned when paid. If I prepay this loan in full or default and you demand payment c
the entire balance due, no portion of any prepaid finance charge will be refunded.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide uninterrupted physical damage Insurance coverage protecting th
Manufactured Home for the term of this Agreement against loss by fire, hazards included within the term 'extende.
coverage' and any other hazards, including flood, for which you require insurance, in an amount equal (unless state lal
requires otherwise) to the lesser of the actuai cash value of the Manufactured Home or the remaining unpaid balance I ow
from time to time under this Agreement (the 'Minimum Coverage'). Tne insurance policy will contain a loss payable claus
protecting you (as your interest may appear), and provide for a 10.day notice of cancellation to you, Unless you consent I
writing, I shall not add any additional loss payee to the insurance policy. I have the right to choose the person through whor
the property insurance policy is obtained. If my insurance coverage expires or is canceled prior to payment in full of thi
Agreement, I must obtain no less than the Minimum Coverage at my expense for the remaining term of this Agreemen
Should I fail to maintain the Minimum Coverage, you may, but are not obligated to, obtain uninterrupted insurance coveragE
To the extent permitted by applicable law, I agree that any insurance you purchase may be for the protection of only yot
Interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period a
you determine, [f you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plu
interest at the rate provided for in this Agreement, will be added to my debt. I will repay such amount in the manner 2
required by applicable law, or if none is required in the manner requested by you, I understand that the insurance premiurr
may be higher if you must purchase the insurance than might be the case if I had purchased the insurance, and to the extel
permitted by applicable law, that you may purchase the insurance from an affiliated company which may receive a profit fE
this service,
b: Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and ,
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which
type or amount is beyond the Minimum Coverage, In the event of a loss to the Manufactured Home, I shall give prompt notie
to you and the insurance carrier. [f I fail to promptly notify or make proof of loss to the insurance carrier, you may do so on IT
behalf, All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restoration'
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless in your sole discretion sue
restoration or repair is not economically practical or feasible, or your security interest would be lessened. If such restoratic
or repair is not practical or feasible, or your security interest would be lessened, you shall apply the insurance proceeds'
the remaining unpaid balance of this Agreement, whether or not then due, and give me any excess. I authorize any insurer'
pay you directly. I hereby appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other docume
.recessary to obtain such insurance payments.
.-
,
ARBITRATION OF DISPUTES:
a. Arbitration. You. and I agree to arbitrate any and all (1) disputes, torts, counterclaims, or any other matter in questiol
between you and I arising out of, in connection with, or in any way relating to this Agreement ("Claims") (including whether,
Claim TT)ust be arbitrated) and (2) any Claims arising out of, in connection with, or relating to a transaction involving you and
and one or more third parties who have not signed this Agreement which a third party elects to arbitrate ("Third Part
Claims'), However, neither you or I can require the other to arbitrate (1) any proceeding in which a lien holder may acquire c
convey title to or possession of any property which is security under this Agreement, or (2) an application by or on behalf c
me for relief under the federal bankruptcy laws or any other similar laws of general application for the relief of debtor~
Enforcement of this exception to arbitration at any time will not waive the right to arbitrate any other Claim or Third Part
Claim, including those asserted as a counterclalm in a lawsuit under this exception to arbitration.
b. Rules. The arbitration shall be (1) binding, and (2) governed by (i) the Federal Arbitration Act (Tille 9 of the United State
Code); 0i) the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (th,
"Arbitration Rules") in effect at the time arbitration is requested, and 0iQ this Agreement. A copy of the Arbitration Rules, free
of charge, may be obtained by calling (800) 778-7879. The arbitrator shall have all powers provided by the Arbitration Rule
and this Agreement and shall apply the law, including but not limited to all statutes of limitation, which would otherwise appl
in a judicial action to a Claim or a Third Party Claim. .
The award of the arbitrator(s) shall be in writing and include a statement of reasons for the award. If the terms of thi
Agreement and the Arbitration Rules conflict, the terms of this Agreement shall control the extent of the conflict. Th
arbitration shall be conducted in the federal judicial district where my residence is located, or at any other place mutuall
acceptable to you and I. The arbitration hearing shall begin within forty-five (45) days of the demand for arbitration.
If I have the right to rescind this Agreement, rescinding it will not rescind this agreement to arbitrate.
You and I agree that the arbitration proceedings are confidential. The infotmation disclosed in such proceedings cannot b
used for any purpose in any other proceeding. This Agreement is the only agreement between you and I regardin
arbitration, and takes the place of any prior agreements to arbitrate Claims. This Agreement may be modified only by
,
written agreement between you and I. '
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WITH A JUDG
OR A JUDGE AND JURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER RELIEF ONLY TO YOU OR I.
THERE SHALL BE NO CLASS CLAIMS OR RELIEF. ANY DAMAGES AWARDED BY THE ARBITRATOR SHALL B
LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAl
PUNITIVE OR TREBLE DAMAGES. "
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with th
enforcement of this Agreement or any instrument or agreement required under this Agreement, or in connection with any dispul
relating to this Agreement, you will pay my reasonable attorney fees, court costs, and necessary disbursements incurred'
connection with such action or proceeding, as determined by the court, or the arbitrator(s) in accordance with the law. If yc
prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, I will pay ar
reasonable fees paid by you to an attorney who is not your salaried employee, together with court costs and necessal
disbursements to the full extent permitted by law.
OTHER TERMS AND CONDmONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, t~
estimated amount necessary to pay yeariy taxes, assessments and insurance premiums that will become due within the ne:
tWelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee Is prohibited by law; (.
except as otherwise provided by applicable law, to pay interest at the rate provided for in this Agreement on the remainir
unpaid balance plus accrued interest, from the date of maturity until paid in full; (d) that if I am married and residing in
community property state, both my community property and separate property will be liable for all payments due under th
Agreement; and (e) if another person attempts to make payments on my behalf, you are not obligated to accept them. If you c
accept them, you are not releasing me or waiving any of your rights against me, and I authorize you. to discuss with anoth.
person who is making payments on my account any information about this loan, including its status and your collecnc
procedures and remedies.
ASSIGNMENT: You may assign this Agreement to any person or entity. All rights granted to you under this Agreement Shl
apply to any assignee of this Agreement.
----------------------------------------------------
CREDIT INFORMATION: You may tnvestigate my credit history and credit capacity in connection with opening and collectin
my account and share information about me and my account with credit reporting agencies. Unless prohibited by applicable la~
you may sell or otherwise furnish information about me, including insurance information. to all others who may lawfully receiv
such information, including specific information about the Manufactured Home, and any insurance policies on the Manufacture
Home and the Real Property to any insurance agent to enable such agent to quote premiums to me and solicit my insuranc
business.
WAIVER, MODIFICATION, INTEGRATION: Your waiver of any default shall not constitute a waiver of any other default. N
term of this Agreement shall be changed unless in writing and signed by one of your officers. This Agreement and othe
documents executed by me in connection with this Agreement, is the entire agreement between us and I agree that no oral c
implied representations have been made to induce me to enter into this Agreement By choosing or exercising one or mor,
remedies herein, you do not waive your right to later use or pursue one or more other remedies, except as limited byapplicabl,
law.
VALIDITY: Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective an,
valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, sue!
provision shall be ineffective only to the extent of .such pt'ohlbition or invalidity, without invalidating the remainder of sucl
provision or the remaining provisions of this Agreement. This Agreement shall be of no effect until and unless signed by me an.
accepted by you. In no event shall any charge under this Agreement exceed the highest amount allowed by applicable law. I
any excess charge is received such excess shall be refunded or applied to the Unpaid Balance.
GOVERNING LAW: Each provision of this Agreement shall be construed in accordance with and governed by the laws of th,
Commonwealth of Pennsylvania, provided that to the extent you have greater rights or remedies under federal law, such choic,
of state law shall not be deemed to deprive you of such greater rights and remedies under federal law ,
NOTICE: You will send all notices concerning this Agreement or my loan to me at the address listed on the first page of thi:
Agreement unless I notify you in writing otherwise.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, INCLUDING THE PARAGRAPH CALLING FO!
RESOLVING DISPUTES BY ARBITRATION, AND AGREE THAT THIS AGREEMENT SETS FORTH OUR ENTIRE
AGREEMENT AND THAT NO OTHER PROMISES HAVE BEEN MADE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THIS AGREEMENT AT THE
TIME OF SIGNING
Borro'l<er Pc/v..- -e '-Jt.{.~
ELDON E. MILLER
Borrower
-
Borrower
Borrower
DATE OF THIS
AGREEMENT:
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NOTICE Of DEFAULT
AND
RIGHT TO CURE DEfAL'L T
x
DJ.t~ of :'-Iolice:09/0512005
Cenified Mail Receipt No. 1'\061\ IlI6936l0S02'!3
Eldon E. Miller
8 Robin Dr
Newville. PA 1724149319
Green Tree Consumer Discount Company
Three Executive Park Drive Suite 14
Bedford. NH 03 t 10
800-52.4-61'11
Brief identification of credit tr:msaction: ManufactUred Home Account
Creditor: Green Tree Consumer Discount Company
Account No: 735050916
Vou are 00.... (II defaullon m.is~d.it!r.lllSaCtion. You have me riihllocorrcctthisdefault within30 days fromlhe posanarkedo:\.:utol'this ~ticc.
If yOll conecttbe default. you may continue with the COllQ'Xl;U thouih you did nor. de:fault.
Your delault consist.!; or; 2paymenupaslduc(p1\dS28.77 infeesandc~s)lOtaIinlS660.63.
Cure <)( default: Wi.thin3Gdaylfl'ommc~tnrarkcdQm,oftbisNotif;e:.youmaYaJreyourdcfaultbyp:ay1nIS66.l63, whi~coo.sisuorS6JI.86 forJWtduc
paymenuandS28.nforlaltclwges.orbydoingthefoUowing: NA
Creditors rights: If you dO ootcorrectyourdefaultiII the time allowed,thecml.itorrnayeurdsei!S riihtsapinstyou tmdertbe law by taking legal action to
~pos$e:lsorforecloseoni!Scollaltn1.
If y()u fail to cure the tola! amount or your def:tult within !be cure period described above, then as of 30 days frool. the postmark of this Sorice, the marwiry of this
concractis automatically J.Cceler.aedUld full paymentofthecontr.ll:tin the amountofS34.93 l..n thJ.It bedue :un'jla'Jwle'lli1ho\l1J.Irf ~'lll:lIictfromlhe
credicor. Additionalellptn$es,intercSland durgesaccn.Jedafterthe date of this notice shall a1sobeduc andp.ayab Ie.
tf you have my questions,write GrcenTrec: J..( the above ~s$orcall the number provided.
If thisdefaullwas caused by your fJilure to make J.p.aymentOfpayments,;wd you 'Il:mt\Opa'j b'fm:1i1. sernhushiu'd~UOlmoneyoro.er. Do IlOtsendcash..
Other payment ;unn&e~nl.Sl('\;ly be made by contactingGrec:n T~.
This is:an <]rt~mD! w collect '1 d~hlllnd an" inf~~~i11 be used fo,l.~fIDjn;o,~ U1lO:l Sd
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Green Tree Consumer Discount Company
Tempe III
7360 South Kyrene Rd
Tempe, AZ 85283-4583
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VERlFICA TION
I, Dalton Baskerville, 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. S 4904 relating to unsworn falsification to authorities, that the facts set forth in the
foregoing Complaint in Replevin are true and correct to the best of my information and belief.
dL ~1L(
Dalton Baskerville
Collection Manager
Green Tree Consumer Discount Company
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-05525 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
MILLER ELDON E
DOUGLAS RUZANSKI
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
MILLER ELDON E
the
DEFENDANT
, at 1842:00 HOURS, on the 7th day of November, 2005
at 8 ROBIN DRIVE
NEWVILLE, PA 17241
by handing to
LINDA MILLER, WIFE
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
11.52
.00
10.00
.00
39.52
So Answers:
:;~~(;?c~c",,"<u~: ~..JP
j ",,.'~-~~;..f~
R. Thomas Kline
11/09/2005
VOELKER & ASSOCIAT
Sworn and Subscribed to before By:
me this /(, e
day of
~ ",Ood ~D
I. .
p~~y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union,
Plaintiff,
v.
Eldon E. Miller,
Defendant.
S:\SHARED\021035\021 035-247 Miller\all pleadings
CIVIL DIVISION
No. 05-5525 P
TYPE OF PLEADING:
Plaintiffs Praecipe for Default Judgment
Pursuant to PAc R,C.P. 1037(b)
FILED ON BEHALF OF PLAINTIFF:
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PAI.D.#55414
Chad R. Callahan
PAI.D, #82058
Gregory W. Bevington
PAI.D.#92143
Voelker & Associates, p,c.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
..
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union,
CIVIL DIVISION
No. 05-5525 P
Plaintiff,
v.
Eldon E. Miller,
Defendant.
PLAINTIFF'S PRAECIPE FOR DEF AUL T
JUDGMENT PURSUANT TO PA. R.C.P.I037(b)
TO THE PROTHONOTARY:
Kindly enter judgment for possession in favor of Plaintiff, and against Defendant, Eldon
E. Miller, for failure to file an Answer or otherwise respond in the above-captioned action at the
above number and term within twenty (20) days from the date of service of the Complaint. :
I certify that a written notice of intention to file this Praecipe was mailed to Defendant
after the default had occurred and at least ten (10) days before the date of the filing of this
Praecipe. I further certify that the Defendant, is not in active military service, A copy of the
Notice is attached hereto as Exhibit n An. The undersigned verifies that the statements of fact in
the Praecipe are true and correct and are made subject to the penalties of 18 Pa, C,S.A. S 4904
relating to unsworn falsifications to authorities.
S:\SHARED\021035\021035-247 Miller\nll pleadings
S:\SHARED\02! 035\02] 035-247 Miller\all pleadings
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
C1Au[
Chad R. Callahan
Attorneys for Plaintiff
Voelker & Associates, P.c.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
~
r"C THE CClLRT OF COM,,[Ol\i PLEAS OF CUMBERLAND COl "(TY. PE";'-;SYL V A"iL\
I it':...'c:1 Tr....';:.' C'[111:-;Ul11cr Di::;count Company_
,(:~ \~\.:l1[ .;:;\..i S\..'lTI(('r kq- Crrc?enpuint Crc:-dit
Lnion.
('[Vil DIVISIO'\
No. 2005 05525 P
PbintitI
\.
Eldon E. '.!iller.
Defendant.
TO: Eldon ,,[iller 8 Robin Dr Newville PA 17241
DATE OF ;";OnCE: 1128/05
IMPORT ANT NOTICE
YO!; ARE Pi DEFAUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEAR.\...,CE PERSO"'ALLY OR BY ATTOR.c'lEY AND FILE IN WRITING WITH
THE COlRT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOL lNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
:\OTICE. A JlDG:\IENT :\IA Y BE E"'TERED AGA.L\ST YOU WITHOl'T A HEARING
.\."\0 YOl :\IA Y LOSE YOl'R PROPERTY OR OTHER IMPORTANT RIGHTS.
YOl SHOl'LD TAKE THIS PAPER TO YOUR LAWYER AT O:\'CE. IF YOU DO NOT
H.\ \.E A U. WYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFfiCE CA:\' PROVIDE YOl' WITH I:\'FOR\IATIO:\' ABOUT HIRI:\G A
L\ \\YER.
IF YOl' CA:\':\'OT AFFORD TO HIRE A LA',"YER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOl WITH I:\'FORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR [';0 FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle. PA 17013
800.990.9108
717.249.3).66
;OEL~~R YSSOs;:;rES. P.c.
\ /'/:' {~(
Chad R. Callahan
Suite l410. Allegheny Building
429 Forbes A venue
Pittsburgh. PA l5219-l604
(412) 765-0543
EXHIBIT
1\
. '
CERTIFICATE OF SERVICE
The undersigned does hereby certify that the attached was served upon the defendant by regular
First Class Mail this l tJ;- day aNI t I .", b V-- ,2005.
Eldon E. Miller
8 Robin Drive
Newville,PA 17241
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union,
CIVIL DIVISION
No. 2005 5525 P
Plaintiff,
TYPE OF PLEADING:
Praecipe for Writ of Possession
v,
Eldon E. Miller,
Defendant.
FILED ON BEHALF OF PLAINTIFF:
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union
COUNSEL OF RECORD:
Edward F, Voelker, Jr.
PA 1.0. #55414
Chad R. Callahan
PA J.D. #82058
Gregory W. Bevington
PA 1.0. #92143
Voelker & Associates, p,c.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
S:\SHARED\021 035\021 035-247 Miller\all pleadings
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union,
CIVIL DIVISION
No. 05-5525 P
Plaintiff,
v.
Eldon E. Miller,
Defendant.
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Please issue a Writ of Possession in the above captioned matter for the 1998 Champion
Home Builders Duchess manufactured home (serial no. 14064E) located at 8 Robin Drive,
Newville,PA 17241-9319.
Respectfully submitted,
VOELKER & ASSOCIATES, P.e.
WU~
Chad R. Callahan
Attorneys for Plaintiff
Voelker & Associates, P.e.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
S:\SHARED\021 035\021 035-247 Miller\all pleadings
CERTIFICATE OF SERVICE
The undersigned does hereby certify that the attached was served upon the defendant by regular
First Class Mail this l day of T)( (C"" ~,/ ,2005.
Eldon E. Miller
8 Robin Drive
NeWVille[\ ffii (j2
CHAD R. CALLAH~
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~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union,
CIVIL DIVISION
No, 05-5525 P
Plaintiff,
TYPE OF PLEADING:
Notice of Order, Decree or Judgment
v,
Defendant.
FILED ON BEHALF OF PLAINTIFF:
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union
Eldon E, Miller,
COUNSEL OF RECORD:
Edward F, Voelker, Jr.
PA I.D. #55414
Chad R, Callahan
PA I.D, #82058
Gregory W, Bevington
PA I.D, #92143
Voelker & Associates, p,e.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, P A 15219-1604
(412) 765-0543
S:\SHARED\02 ]035\021035-247 Miller\all pleadings
· IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union,
CIVIL DIVISION
No, 05-5525 P
Plaintiff,
v,
Eldon E, Miller,
Defendant.
NOTICE OF ORDER. DECREE OR JUDGMENT
TO: () Plaintiff (X) Defendant ( ) Garnishee ( ) Additional Defendant
You are here notified that the following Order, Decree, or Judgement has been entered
against you on
() Decree Nisi in Equity,
() Final Decree in Equity,
(X) Judgment of ( ) Confession
(X) Default
( ) Non-Pros
( ) Verdict
( ) Non-suit
( ) Arbitration Award
(X) Judgment is for possession of a 1998 Champion Home Builders Duchess manufactured
home (serial number 14064E)
() District Justice Transcript of Judgement in (Assumpsit/Trespass) in the amount of
$ , PLUS COSTS,
() If not satisfied within sixty (60) days, your motor vehicle operator's license will be
suspended by the Pennsylvania Department of Transportation,
If you have any questions concerning the above, please contact: _ ..' \: U
Name of Attorney for Plaintiff: l:i ( CM.~ y:(, X~
Chad R. Callahan PROTHONOTARY 0
Voelker & Associates, P,C,
Suite] 41 0, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA ]5219
(412) 765-0543
'- By: ~~ (. y 7l(CY2Ad-J
Deputy
S:\SHARED\021 035\021035-247 Miller\all pleadings
lof2
WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE CONSUMER DISCOUNT
COMPANY, AS AGENT AND SERVICER
FOR GREENPOINT CREDIT UNION
VS,
No, 05-5525 Civil Term,
ELDON E, MILLER
8 ROBIN DRIVE
NEWVILLE, PA 17241-9319
Costs
Attorney's
Plaintiff s
Prothonotary
$ 119,02
$
$ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
GREEN TREE CONSUMER DISCOUNT COMPANY, AS AGENT AND SERVICER FOR
GREENPOINT CREDIT UNION
being: (Premises as follows):
1998 CHAMPION HOME BUILDERS DUCHESS MANUFACTURED HOME (SERIAL NO,
14064E) LOCATED AT 8 ROBIN DRIVE, NEWVILLE, PA 17241-9319
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any
property ofthe defendant (s) and sell his/her (or their) inter
and County, P A
Date DECEMBER 8, 2005
(Seal)
By: Irene Morrow
Deputy
2of2
No 05,5525 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE CONSUMER DISCOUNT COMPANY,
AS AGENT AND SERVICER FOR GREENPONT CREDIT UNION
VS.
ELDON E, MILLER
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y
Plff (s}
Prothy
Sheriff
$ 119,02
$
$ --.l.00
$
Plaintiff (s) attorney name and address:
CHAD R, CALLAHAN, ESQUIRE
VOELKER & ASSOCIATES, p,c.
SUITE 1410, ALLEGHENY BUILDING
429 FORBES AVENUE
PITTSBURGH, P A 15219
412-765-0543
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
Deputy
Prothonotary
- ,. .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
<IS Agent and Servicer for Greenpoint Credit
Union.
I'laintifl
v.
Eldon E, MilleI'.
Defendant.
CIVIL DIVISION
No, 05-5525
TYPE OF PLEADING:
Praecipe to Satisfy, Settle and Discontinue
FILED ON BEHALF OF PLAINTIFF:
Green Trcc Consumer Discount Company,
as Agent and Servicer for Greenpoint Credit
Union
COUNSEL OF RECORD:
Edward F, Voelker, Ir.
PA I.D, #55414
Chad R, Callahan
PA I.D, #82058
Gregory W, Bevington
PA I.D, #92143
Voelkcr & Associates, p,c.
Firm #332
Suite 1410, Alleghcny Building
429 Forbes Avenue
Pittsburgh, P A 15219-1604
(412) 765-0543
" ~
-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Trce Consumer Discount Company,
as Agent and Servicer for Greenpoint Crcdit
llnion,
CIVIL DrVISJON
No, 05-5525
Plaintiff,
v,
Eldon E, Miller,
I )efendanl.
Praecipe to Discontinue
To the Prothonotary
Kindly mark satisfied, se1tled and discontinue the above matter, without prejudice,
TES, p,c.
, Callahan
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, P A 15219-1604
(412) 765-0543
--~---
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,.,
named
appurtenances, and
Writ of Possession retu~ned
By virtue of this writ, on the 17th day of January ,2006 . I caused the within
, to have possession of the premises described with the
STAYED this date per Atty.
subscribed to before me this I q S
dC'.4
So~~/ ~
r- ~..~~
ByDJ~: be~' 1
Sherif f ' s 'R€t~rn
Docketing
Surcharge
Pro thy
Poundage
Milage
18.00
'20.00
1.00
.92
7.04
46.96
Advance Costs: 225.00
Sheriff's Costs: 46.96
178.04
Refunded to Atty on 1/17/06
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WRIT OF POSSESSION (Ejectment Proceedings PRCP3160- 3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
GREEN TREE CONSUMER DISCOUNT
COMPANY, AS AGENT AND SERVICER
FOR GREENPOINT CREDIT UNION
VS,
No, 05-5525 Civil Term,
ELDON E, MILLER
8 ROBIN DRIVE
NEWVILLE, PA 17241-9319
Costs
Attorney's
Plaintiff's
Prothonotary
$ 119,02
$
$ 1.00
COMMONWEALTH OF PENNSYL V ANlA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver
possession of the following described property to: (Plaintiff (s))
GREEN TREE CONSUMER DISCOUNT COMPANY, AS AGENT AND SERVICER FOR
GREENPOINT CREDIT UNION
being: (Premises as follows):
1998 CHAMPION HOME BUILDERS DUCHESS MANUFACTURED HOME (SERIAL NO,
14064E) LOCATED AT 8 ROBIN DRIVE, NEWVILLE, PA 17241-9319
(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) intere therein,
berland County, PA
Date DECEMBER 8. 2005
(Seal)
By: Irene Morrow
Deputy
,
..
200
No 05,5525 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GREEN TREE CONSUMER DISCOUNT COMPANY,
AS AGENT AND SERVICER FOR GREENPONT CREDIT UNION
YS.
ELDON E, MILLER
WRIT OF POSSESSION
P.R.c.P. 3160-3165 ETC.
Costs
Att'y
Plff (s}
Prothy
Sheri ff
$ 119,02
$
$ 1.00
$
Plaintiff (s) attorney name and address:
CHAD R, CALLAHAN, ESQUIRE
VOELKER & ASSOCIATES, P,C,
SUITE 1410, ALLEGHENY BUILDING
429 FORBES AVENUE
PITTSBURGH, PA 15219
412-765-0543
Attorney for Plaintiff (s)
Where papers maybe 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
So Answers,
Sheriff
By
Deputy
Prothonotary
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