HomeMy WebLinkAbout06-2343
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, successor servicer to
GreenPoint Credit, LLC,
CIVIL DIVISION
No, Ol. - d.3Lf]
(J~u; L~8-~
Plaintiff,
Complaint in Civil Action - Replevin
v.
Steven J. Miner and Amber M, Miner,
Filed on behalf of:
Green Tree Consumer Discount
Company, successor servicer to
GreenPoint Credit, LLC
Defendants,
Counsel of Record for this Party:
Erin p, Dyer, Esquire
PA ID Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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. 9
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 FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, successor servicer to
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No,
CIVIL DIVISION
Complaint in Replevin
v,
Steven J, Miner and Amber M, Miner,
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar Association
32 S, Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990,9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, successor servicer to
GreenPoint Credit, LLC,
Plaintiff,
v,
Steven J, Miner and Amber M, Miner,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No, o~ - .23'13
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,
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, successor servicer
to GreenPoint Credit, LLC, by and through its attorney Erin P. Dyer, Esquire and avers the
following in support of its Complaint in Replevin:
1, Green Tree Consumer Discount Company, successor servicerto GreenPoint
Credit, LLC, hereinafter referred to as "Plaintiff' or "Green Tree," is a corporation duly
authorized to conduct business in the Commonwealth of Pennsylvania and has its principal
place of business located at Stonewood Commons III, 105 Bradford Road, Suite 200,
Wexford, Pennsylvania 15090,
2, Steven J, Miner and Amber M, Miner, hereinafter referred to as "Defendants,"
are individuals whose last known address is 34 Thompson Creek Road, Shippensburg,
Pennsylvania 17257,
3, On or about June 15, 2001, Defendants purchased a 1991 Redman
Manufactured Home, Serial Number 12221390, (the "Mobile Home"), from Green Point
Credit, LLC, (the "Seller"), and entered into a written Manufactured Home Note, Disclosure,
and Security Agreement, (the "Security Agreement") for the payment of a portion of the
purchase price thereof, A true and correct copy of the Security Agreement is attached
hereto as Exhibit "A."
4, Seller perfected its interest in said Mobile Home by having an encumbrance
placed on the title thereto, A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B,"
5. Effective November 1, 2004, GreenPoint Credit, LLC, assigned its servicing
rights and responsibilities to Green Tree Consumer Discount Company,
6, Plaintiff avers that the approximate retail value of the Mobile Home is
$14,500.00 and that it is in the Defendants' possession and believed to be at their address
as stated above,
7, Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due, As of April 6, 2006, the Defendants' payments of interest
and principal were in arrears in the amount of $735,69, Pursuant to the Acceleration
Clause in the Security Agreement the amount outstanding as of April 6, 2006, is
$15,211,99,
8, Plaintiff provided Defendants with thirty (30) days notice of intent to
repossess the Mobile Home. A true and correct copy of the notice of intent to repossess
the Mobile Home is attached hereto as Exhibit "C,"
9. Defendants failed to cure the default or return the Mobile Home upon
Plaintiffs demand,
10, Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home,
11. 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
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home,
12. In order to bring this action Green Tree Consumer Discount Company,
successor servicer to GreenPoint Credit, LLC, was required to retain an attorney and did
so retain Attorney Erin p, Dyer.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor
servicer to GreenPoint Credit, LLC, requests:
a) judgment against Defendants to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile 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 Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile 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 said 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 said Mobile Home, less expenses,
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, Green Tree Consumer
Discount Company, successor servicer to GreenPoint Credit, LLC, alleges the following:
13, Paragraphs 1 through 12 of this Complaint are incorporated herein by
reference as though fully set forth,
14, This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor
servicer to GreenPoint Credit, LLC, requests:
a) judgment against Defendants in the amount of $15,211,99 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
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 Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile 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 said 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 said Mobile Home, less expenses,
'"
;:C-
Erin p, Dyer, Esquire
PA 10 Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361,1000
......
.
L:\Green Tree\Miner, Steven & Amber\CM REP.wpd
VERIFICATION
Carmine M. Amelio, Regional Manager and duly authorized representative of
Green Tree Consumer Discount Company, 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
knowledge, information and belief.
GREEN TREE CONSUMER DISCOUNT COMPANY
'j/, 1 .
AP1~/~iIG
/ Carmine M, Amelio, Regional Manager
L:\Green Tree\General\Verification.Amelio.wpd
, !PENNSYLVANIA
/ tJOrE;.OISCLOSURE AND SECURITY AGREEMENT,
AND AGREEMENT TO ARBITRATE (Agreement)
BORROWER(S): NAME: STEVEN J. MINER
NAME: AMBERM.MINER
NAME:
BORROWER'S NAME:
ADDRESS: 105 T1MBERLANE
CITY: SHIPPENSBURG STATE: PA ZIP CODE: 17257 PHONE:
LOCATION OF MANUFACTURED HOME: ("Real Property')
34 THOMPSON CREEK RD SHIPPENSBURG, PA 17257
"I," "me," "myself' or "us" me<lns <III persons who sign this Agreement <IS borrower or co-borrower, jointly and severally,
and "you" or "your" means !he Lender indicated below. On the date of this Agreement, I borrow from you the UnpaId
Balance shown below. The manufacturedhome described herein, together with furnishings, equipment, appliances and
accessories affixed to the manufactured home (c<llled "Manufactured Home") secures Ihis loan as set forth in the Security
Agreement contained herein.
LENDER: GREEN POINT CREDIT, LLC
LENDER'S ADDRESS: 400 SOUTHPOINTE BL 2ND FLR, CANONSBURG, PA 15317
MH VARIABLE RATE DIRECT LOAN
,ii!!i;:[:!!ii:!!1 " LOAN PLAN: A01 06/1412001
!~9~':,'::::' OFFICE NUMBER: 79061
LOAN SOURCE NO,:
~:'MI~@:' ACCT, NO,: WI..3fNdfY/
TRACS NO,: 8128722
i~ni::.:.,ij!n;; FUNDING CODE: N4GVS A
.:,:,'"
:', h.
5, SEC, #(5):
(717) 532-2068
COUNTY:
186-68-1463
178-62-0304
CUMBERLAND
Description of TRADE NAME: REDMAN HOMES MODEL: NOT GIVEN
Manufactured YEAR: 1991 NEW: USED: X LENGTH: .2Lft. WIDTH: 14 It,
Home: -
SERIAL NUMBERS: 12221 390
I . .';:ii~"('or " .",,, ~, ,'~"!)!l!tliii;j:;!i:!: :,;;"",~::;:;",:,:;';':",,:A.Dp.rrlQ.NA~:ACCE:;;;?'Q~I!l~:~PTfURl'!l,I~l!J!I!~~. .",.,.,>..,....,'..... ,";:i ,,' " ," ", .:':"':': I
.:''','. ,,'.......'...,...... ....',.."...~,....:i. .- , ,';.j... ..............,.,. .....'...
I ~:!!iii~';'.;'.iii:!~.i.. ITEM':',\ ., \'::1 r:'.:':r~;;$EIj:I}l.k N\.!M,~Iil'''.::: >1 1";;';:;('1'1\':; ,'JT!=M;';;i,; ~:!' I : ..;;:1 j!@m ';!l;;S5ff'IALI\lli.M~li'g::::, I
REFRIGERATOR RANGE
PROMISE TO PAY: I promise to pay you at such address as you may direct the princip<llsum of:
SIXTEEN THOUSAND FOUR HUNDRED 1WENTY FIVE AND 00/100 DOLLARS
(US $16,425.00 ), (the "Unpaid Balance") or so much as may be outstanding, with interest until the debtis paid in full.
1 will pay interest on the Unpaid Balance at the initial rate of 15.250 % per year("lnitial Interest Rate"}. The interest rate I
P<lY per year will change in accordance with the provisions of Ihis Agreementl will pay this amountin monthly installments
as shown herein in the Payment Schedule or as required by Ihe terms and conditions herein or as recomputed due to the
changes in the interest rate untillhe Unpaid Balance plus all <lccrued interest is fully paid. The Unpaid Balance shall
include and I will pay interest on any prepaid finance charges you agreed to advance me. Additionally, I promise to P<lY any
other charges that I may owe under this Agreementlf on 06114fl016 ,I still owe any amount under this Agreement, I will
pay such amount in full on that date, which is called the "M<lturity Date". When you calculate interest, every yearshall have
360 days and every monlh shall have 30 days and each monthly payment will be applied as of its scheduled due d<lte.
INTEREST RATE: The interest rate I will pay may change 11 months <lfter my first paymentis due and on that date every
12 monlhs thereafter. Each date on which my interest rate could change is called a "Change Date". Beginning with Ihe first
Change Date, my interest rate will be based on an Index. The "Index"is the average of interbank offered rates for one year
U.S. dollar denominated deposits in the London market based upon the quotation of major banks as published in the
"Money Rates" section of The Wall Street Joumal on the first publication day of e<lch month, and known as the London
Interbank Offered Rates (LIBOR). The most recen tlndex figure available as of the date 45 d<lYs before each Change Date,
is called the "Current Index", If Ihe Index is no longer available, you will choose a new Index, which is based upon
comparable information. You will give me notice of Ihis choice. Before each Change Date, you will calculate my new
interest rate by adding 13,000 % points to the Current Index. You will then round the result of this addition to the nearest
1/8 of 1 %. Subject to the limits stated below, this rounded amountwill be my new interest rate untillhe next Change Date.
You will then determine the amount of my monthly payment that would be sufficient to repay the unpaid princip<ll balance
that I am expected to owe at the Change Date in full on Ihe Maturity Date at my new interest rate in substantially equal
payments. The result of this calculation will be 1he new amount of my mon1hly payment My interest rate will never be
increased or decreased on any Change Dale by more than 2.00 % from Ihe rate of interest I have been paying for Ihe
preceding 12 months. My interest rate will never be more than 5.000 % above or below the Initial Interest Rate.
OIRVARPA-OSCO
PAGE. ~ OF-'
EXHIBIT "A"
ITEMIZATION OF AMOUNT FINANCED
. - ,
.. ArilOunt of credt provided to me or Q'l my behalf.
1. a.
$ 15,333.50
b. Amount credted to my account:
$
2. Amounis paid to others Q'l my behalf:'
a. To Insurance Ccmpanies:
(1) Property Insurance... $ 298.00
(2) Credt Life Insurance $
b. To Public Officials:
(1) Certificate of Title,.... $ 22.50
(2) Filing Fee" ..,........ $ 5.00
c. To: ROYAL FINANCE OF PENNYSLVANIA
For. BROKER FEE
$ 766.00
d. To:
For:
$
e. To:
For:
$
f. To:
For:
$
g, To:
For:
$
h. To:
For.
$
i. To:
For;
$
j. To;
For;
$
k, To;
For:
$
3. Amounts paid to lender: ,...........,...$
For:
4. Unpaid Balance (ia and ib, plus 2 and 3)$ 16,425.00
5. Prepaid Finance Charge .,..."",.......$ 766.00
6, Amount Financed (4 minus 5) ",..,..,...$ 15,659.00
.
, I understand and agree that a portion of certain of these
amounts may be retained by you, your affiliate, or the
Seller of the goods or services.
INSURANCE
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Agreemen t I have the right to choose the person
through whom it is obtained. By mari<lng the
appropriate line 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
~ Physical Damage Coverage RMOS, $ 298.00
- Broad Fcnn - MOS, $
- $
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED
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 Life Insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured joinlly.)
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:
Type of Coverage Term Premium
_Single _Joint Months $
-
Date
(signature)
Date
(signature) ,
(If joint covelage is desired, both proposed insureds must sign.)
OrRV.4RPA_0500
Original Copy
P"C>'S.'1OF1
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments
The cost of my credit as a yearly rate: The dollar amount the credit The amount of credit f:'ovided The amount I v,.;ll have paid after I
will costme: to me or on my behal : have made all payments as
scheduled:
17.894 % $ 29,948.32 $15,659.00 $ 45,607.32
Fin. Charge T Amount Fih.
PAYMENT SCHEDULE:
Number 01 Amount of Payments When Payments Are Due (Estimated)
Payments
My ~ $ 232.71 Monthly, beginning JULY 14, 2001
payment .1Q.L $ 254.85 Monthly, beginning JUL Y 14, 2002
schedule - $ Monthly, beginning
will be: $ Monthly, beginning
Propaymont: If I p.y off early, I "'II nath.ve to p.y a penalty,
Security: I give you a securityinterestin:
)( the Manufactured Home and household goods.
Lato Chargo: Iflhe Unp.id Bal.nce is gre.ter than $25,000 and if the payment is more than 15 d.ys late, I v.ill be charged. I.te charge of
5% of the unpaid amount of such payment, not to exceed $5.00.
Variabl. Rate: My Agreement contains a variable rate feature. Disclosures about the variable rate feature h~ve b~en provided to me earlier.
As$umption: Someone buying my Manufactured Home may not assume the remainder of this Agreement on the origin~1 terms without your
prior written consent
Security Interest Charges: Security Interest Fees $ 0,00
See Ihe tenns of this Agreement for additional information about nonpayment, default, required repaymentfn full before the scheduled date, and
prepayment refunds and penalties.
ADDITIONAL TERMS AND CONDITIONS
VARIABLE RATE:
a. Monthly Payment Changes. My monthly paymentamountwill change each time my interest rate is adjusted. I will pay
\he amount of the new monthly payment beginning the first monthly payment at the interest rate change date. The
monthly payment amount would fully amortize the remaining unpaid balance I am expected to owe on the interest ra1e
change date at the adjusted interest rate in equal monthly payments over the remaining Term of this Agreement
b. Notices. My new interest rate will become effective on each Change Date. I will pay the amountof my new monthly
payment beginning on the first monthly payment date after \he Change Date until the amount of my new monthly
paymentchanges again. You will deliver or mail to me a notice of any changes in my interest rate and the amountofmy
monthly paymentatleast25 days before the effective date of any change. The notice will include information required
by law to be given to me and information regardingthe Index rate, interest rate, payment amount and remaining unpaid
balance .
0, Conversion to Fixed Rate, I may choose to convert this Agreementto a fixed rate agreement at any time beginning
from the date of this Agreementand ending1i... years from the date of this Agreement In order to convert to a fixed
rate, I mustnot be in defaultunderthe terms of this Agreement I mustnotify you in writing of my desire to convert to a
fixed rate, I must execute a revision agreementand I must pay a nonrefundable conversion fee. The new fixed interest
rate will be your standard fixed interest rate for a comparable agreement on the date that you receive my written
notification. The new fixed rate will take effect on the "Conversion Date," which shall be my next paymentdue date that
is at least 1Q. days after your timely receipt of a revision agreement signed by all Borrowers together with a
nonrefundable conversion fee of $ 200.00 . The new fixed rate and the Conversion Date are subjectto change if my
revision agreement and fees are received after the date specified in the revision agreement My new payment amount
will be effective with the first payment following the Conversion Date.
O(~VAAPA.0500
Original Copy
"A.<:;';:;.')t)F',
SECURITY INTEREST: I grant you a securityinterestunderlhe Uniform CommerdalCode in (1) the ManufacturedHome
and'ln all g'oDds that are or may hereafter by Dperation of law become accessions to it, (2) ail appliances, machinery,
equipmeritand other gDodsfumished and affixed tD the M<lnufacturedHDme including butnDtlimited to the items listed as
"Additional Accessories and Fumishings" on page 1 Df this Agreement, (3) any refunds of uneamedinsurance premiums
financed in this Agreement, (4) any substitutions or replacements of the fDregoing, and (5) all prDceeds of such
Manufactured HDme and accessions, and of any Additional Accessories and Furnishings. This security interest secures
payment and performance of all my obligations under this Agreement, Including any additional debt arising because of my
failure to perform my obligations underthis Agreementand includes any contractual extensions, renewals or modifications.
Notwithstanding any other proviSion of this Agreement you are not granted and wiil not have a non-purchase money
security interest in household goods to the extent such a security interest would be prohibited by applicable law. To the
extent permitted by applicable law, my execution of this Agreement constitutes a waiver of my personal property and
homesteadexemption rights to the ManufacturedHome herein described. I also authorize you, atmy expense, to sign and
file, without my signature, such financing and continuation statements, amendments, and supplements thereto, and any
other documents which you may from time to time deem necessary to perfect, preserve and prDtectyour security interestin
the Manufactured Home. I agree that you may file this security 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 agreementor financing statement and any extensions, renewals, or amendments
!hereofshall be suflicientto perfecta security interest with respecllo such items. I 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 Agreementis paid in
full.
PREPAYMENT: I MAY PREPAY THIS LoAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. If I make a
partial prepayment, there will be no change in the due dates or amounts of my monthly payments, unless you agree in
writing to those changes. Any prepaid finance charges are earned when paid. If I prepay this loan in full or default and you
demand payment of the en~re 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
the Manufactured Home for the tenn of this Agreementagainstloss by fire, hazards included within the term "extended
coverage" and any otherhazards, including flood, for which you require insurance, in an amountequal (unless state law
requires otherwise) to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance I
owe trom time to time under this Agreement(the "Minimum Coverage"). The insurance policy will contain a loss payable
clause protecting you (as your interest may appear), and provide for a 10-day notice of cancellation to you. Unless you
consentin writing, I shall not add any additionalloss payee to the insurance policy. I have the right 10 choose the person
through whom the properly insurance policy is obtained. If my insurance coverage expires or is canceled prior to
payment in full of this Agreement, I must obtain no less than !he Minimum Coverage at my expense for the remaining
term of this Agreement Should I fail 10 maintain the Minimum Coverage, you may, but are not obligated to, obtain
uninterrupted insuran ce coverage. To the extenl pennilled by applicable law, I agree that any insurance you purchase
maybe for the protection of only your interestin the Manufactured Home, maynotfully prOlectme in the eventofa loss,
and may be for such reasonable period as you detennine.lfyou decide, in yoursole discretion, to obtain insurance, you
will notify me of that fact and that the cost, plus interest at the rate provided for in this Agreement, will be added to my
debt 1 will repay such amount in the manner as required by applicable law, or if none is reqUired in the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than
might be the case if I had purchased the insurance, and to the extent permitted by applicable law, that you may
purchase the insurance from an affiaated company which may receive a profit for this service.
b. Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and all
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which
in type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give
prompt notice to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier,
you may doso on my behalf. All physical damage insurance proceeds, inclUding proceeds from optional coverage, shall
be applied to restora~on or repair of the Manufactured Home, unless you and I agree otherwise in writing or unless in
yoursole discretion such restoration or repairis not economically practical or feasible, or your security interest would be
lessened./f such restoration or repair is not practical or feasible, or your security interest would be lessened, you shall
apply the insurance proceeds to the remaining unpaid balance of this Agreement, whetheror not then due, and give me
any excess. I authorize any insurer to pay you directly. I hereby appoint you as my limited attomey-in-factto sign my
name tD any check, draft, or other document necessary to obtain such insurance payments.
(J(RVARPA.0500'
Original Copy
p,ll.G~"Ol=-i
c. Cancellation of Required Insurance Upon Prepayment in Full. If you have purchased any insurance on my behalf,
. at-my expense, and if I prepay in full the Unpaid Balance due under this agreemen~ (1) you will provide me with any
, notice required by applicable law, (2) I have the righl to cancel the insurance and receive a refund or credit of unearned
premiums or to continue the insurance, but unless I specifically request cancellation, the insurance will remilin in effuct
until the scheduled expiration date.
LATE CHARGE: If the Unpilid Balance at the time of execution of this Agreemenlis mure Ulan $25,000 then I agree 10 pay
a lale charge if you have not received the full amountof any monthly payment as set forth on page 3 of this Agreement
Only one late charge will be made on any delinquentinstallmentregardless of the period for which thatinstallmentremains
in default After this Agreementmatures, whether by acceleration or olherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you $15.00 (or such higher amount as allowed by law) if any check given to
you is not honored because of insufficient funds or because no such account exists.
EVEN'f$'Oj:q:fEF=AULi-: I willoein default uiider t1iis Agreemenfif: (il) I fail to make anyp<fyinenfwnll'ndue;'(blT5reiiK
any olher promise I made to you in Ihis Agreemen~ (c) 1 fail to make timely rental payments, or to poy other chorges and
assessments, relating to Ihe Reol Property and/or facility on which the Manufactured Home is located; (d) I violate
restrictive covenants, rules or regulations relating to the Real Property and/or fadlity where the Manufactured Home is
located; (e) I fail to keep the Manufactured Home in good repair and condition, as you may reasonably detennine; (f) I
remove the Manufactured Home from the address shown on this Agreement unless I notify you in advance and receive
your written consent; (g) I sell or attemptto sell the Manufactured Home or to transfer any beneficial interest therein without
first obtaining your written consent; (h) I allow lhe Manufactured Home to become part of any real estate wilhout first
obtaining your written consent; (i) I encumberor abandon the Manufactured Home or use it for hire or illegally; or (j) If any
statementoffac~ representation or warranty I make to you in my loan application orin this Agreementis false, misleading,
inaccurate orin complete.
NOTICE OF DEFAULT: If any of the above specified Events of Defaulthave occurred, you may do whateveris necessary
10 correct my default You will, except as set forth below, lirst give me a Notice of Default and Rightto Cure Defaultbefore
you accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which
secures this Agreement The Notice will tell me what my defaultis and how I can cure it Except as otherwise required by
applicable law, you are notrequired to send me this Notice when (1) you have already sent a Notice three times within the
preceding one-year period, (2) I have abandonedor voluntarily surrendered the Manufactured Home, or (3) other extreme
circumstances exist which 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
period, as allowed by applicable law: (a) you can require me to immediately pay you Ihe entire remaining Unpaid Balance
due under this Agreementplus accrued interest; (b) you may require that I reimburse you in such manner as required by
applicable law, or if none is required in the manner requested by you with interest at the rate provided for in this
Agreemen~ the amountoffunds you actually advance on my behalfto correctmy default; (c) you may, but are not required
to, pay taxes, insurance premiums, fees, expenses, charges, rents or assessments respecting the ManufacturedHome, or
satisfy liens, on or to make repairs to lhe ManufacturedHome if I have not done so as required in this Agreement;(d) to the
extent permitted by applicable law, you may cancel any insurance for which all or a part of the premiums or charges was
financed by you, obtain a refund of unearned 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 Defaul~ you will have these rights immediately
upon my default If you repossess lhe Manufactured Home, and I do not exercise any right to cure or redeem the
ManufacturedHome lhat I may have, you may dispose of it as required by applicable law. You will give me written notice at
least fifteen (15) days before any repossession sale. The notice shall be sent to the address shown as Borrower's Address
section on the first page of this Agreementor to any olher address which I later give you in writing. Before the sale I still
may get back the Manufactured Home if I (1) pay you all the installments due or past due at the time of delivery of the
Manufactured Home back to me, (2) pay you all the unpaid delinquency or deferred charges, (3) pay you your costs of suit,
including but not limited 10 attorneys' fees to which you have a right under Agreemen~ (4) cure any olher defaults which
may have occurred, and (5) if my default at the time of repossession exceeded fifteen (15) days, the expenses of retaking,
repairing, and storing lhe Manufactured Home allowed by law. You will apply the proceeds of any repossession sale (1)
firs~ to your expenses in selling the Manufactured Home, lhen (2) to your costs of retaking, repairing and storing the
Manufactured Home, lhen (3) to your reasonable and actual court costs and any attorneys' fees to which you have a right
under Ihe 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 other property anywhere in or
attached to the Manufactured Home. You agree to return all such property to me upon my request. You may hold the
property for me at my risk without liability on your part If you take possession of any such property, you will notify me in
orf(VARP;1o-0S0tJ O. - Ie "P)..Ol!.sos:.,
ngma opy
writing. If I ~o not then promptly claim and take possession of this property, you have my permission to dispose of it in a
reas'onable manner. , will pay any reasonable Charges which you may incur for storing or shipping such property. All
remedies are cumulative an d you may enforce them separately or together in any order you deem necessary to protect
your security.
ARBITRATION OF DISPUTES;
a. Arbitration. You and I agree to arbitrate any and all (1) disputes, torts, counterclaims, or any other matterin question
between you and I arising out of, in connection with, or in any way relaling to this Agreement ("Claims") (inclUding
whether a Claim must be arbitrated) and (2) any Claims arising out of, in connection with, or relating to a transaction
involving you and I and one or more third parUes who have not signed lhis Agreementwhich a third party elects to
arbitrate ("Third Party Claims"), However, neither you or I can require the other to arbitrate (1) any proceeding in which
a lien holdermay acquire or conveytitie to or possession of any property which is security underthis Agreement, or (2)
an application by or on behalf of me for relief under the federal bankruptcy laws or any other similar laws of general
application for the relief of debtors. Enforcement of this exception to arbitration at any time will not waive the right to
arbitrate any other Claim or Third Party Claim, including those asserted as a counterclaim 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 (litle 9 of the United
States Code); (ii) the Expedited Procedures of the Commercial Arbitration Rules of1he American Arbitration Association
(the "Arbitration Rules") in effect at the time arbitration is requested, and (Iii) this Agreement A copy of the Arbitration
Rules, free of charge, may be obtained by calling (800) 778-7879. The arbitrator sh all have all powers provided by the
Arbitration Rules and this Agreementand shall apply the law, inclUding butnot limited to all statutes of limitation, which
would otherwise apply in a judicial action to a Claim or a Third Party Claim.
The award of 1he arbitrator(s) shall be in wnting and include a statement of reasons for the award. If 1he terms of this
Agreement and the Arbitration Rules conflict, the terms of this Agreementshall control the extent of the conflict The
arbitration shall be conductedin the federal judicial district where my residence is located, or at any other place mutually
acceptable to you and I. The arbitration hearing shall begin within forty-five (45) days of1he demand for arbitration.
If I have the right to rescind this Agreement, rescinding it will not rescind this agreementto arbitrate.
You and I agree that the arbitration I'roceedings are confidential. The information disclosed in such proceedings cannot
be used for any purpose in any other proceeding. This Agreementis the only agreement between you and I regarding
arbitration, and takes lhe place of any prior agreements to arbitrate Claims. This Agreementmay be modified only by a
written agreement between you and I.
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WITH A
JUDGE 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 REUEF. ANY DAMAGES AWARDED BY THE ARBITRATOR
SHALL BE 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 I'roceeding which is commenced in connection wi1h the
enforcement of this Agreementor any instrument or agreement required under this Agreement, or in connection with any
dispute relating to this Agreement, you will pay my reasonable attomey fees, court costs, and necessary disbursements
incurred in connection with such action or proceeding, as determined by the court, or 1he arbitrator(s) in accordance with
the law. If you prevail in any such action or proceeding, or in 1he exercise of any self-help remedy as described above, I will
pay any reasonable fees paid by you to an attorney who is not your salaried employee, toge1her with court costs and
necessary disbursements to the full extent permitted by law.
OT~ER TERMS AND CONDITIONS: I agree: (a) to pay with my monthlyinstallrnents. if requested by you to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
next twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by
laW; (c~ except ~s otherwise provided by applicable law, to pay interest at the rate provided for in this Agreement on the
remamlng unpaid balance plus accrued interest, wom the date of maturity until paid in full; (d) that if I am married and
residing in a community property state, both my community I'roperty and separate property will be liable for all payments
due under this Agreement; and (e) if another person attempts to make payments on my behalf, you are not obligated to
accept them. If you do accel't1hem, you are not releasing rne or waiving any of your rights againstme, and I authorize you
to discuss with anolherperson who is making payments on my account any informanon aboutthis loan, including its status
and your collection procedures and remedies.
ar~VAR."A~0500 Original Copy ?M:;~~Of7
ASSlGNfI/IENT~ You may assign this Agreementto any person or entity, All rights granted to you under this Agreement
shall apply to any assignee of this Agreement
CREDIT INFORMATION: You may invesligate my credit history and credit capacity in connection with opening and
collecting my account and share infonnation aboutme and my account with credit reporting agencies, Unless prohibited
by applicable law, you may sell or othelWise fumish information about me, including insurance information, to all others
who may lawfully receive such infonnation. including specific infonnation about the Manufactured Home, and any
insurance policies on the Manufactured Home and the Real Property to any insurance agent to enable such agent to
quote premiums to me and solicit my insurance business.
WAIVER, MODIFICATION, INTEGRATION: Your waiver of any defaultshall not constitute a waiver of any other default
No tenn of this Agreementshall be changed unless in writing and signed by one of your officers. This Agreementand
other documents executed by me in connection with Ihis Agreement is Ihe entire agreementbetween us and I agree that
no oral or implied representalionshave been made to induce me to enter into Ihis Agreement By choosing or exercising
one or more remedies herein, you do not waive your right to later use or pursue one or more other remedies, except as
limited by applicable law.
VALIDITY: Wherever possible each provision of this Agreementshall be interpreted in such a manner as to be effective
and valid under applicable law, but if any provision of this Agreementshall be prohibited by or invalid under applicable
law, such provision shall be ineffective only to the extent of such prohibition or invalidity, wilhout invalidating the
remainder of such provision or the remaining provisions of this Agreement. This Agreementshall be of no effect until and
unless signed by me and accepted by you. In no eventshall any charge under this Agreementexceedlhe highest amount
allowed by applicable law. If any excess charge is received such excess shall be refunded or applied to the Unpaid
Balance.
GOVERNING LAW: Each provision of this Agreementshall be construed in accordance with and governed by the laws
of the Commonwealth of Pennsylvania, provided that to the extent you have greater rights or remedies underfederallaw,
such choice 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 con cemin g this Agreementor my loan to me at the address listed on the first page of
this Agreement unless I nolifyyou in writing otherwise.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, INCLUDING THE PARAGRAPH
CALLING FOR 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.
BORROWER(S) SIGNATURE(S):
Borrowe~ u,~~ L-
____'nn ~NJ.n "..n'
'<<,...,{).~.f1~: (W4~~u
Borrower
Borrower
DATE OF THIS
AGREEMENT:
c. ~.~/o /
t I
OfRVAR PA~0'5oa
Original Copy
l'1>GE.lOy.l
If a co.pun::haser other than your spOtJ$e Is listed and you want the IiIle 10
be listed as 'Joinl Tenanl$ With Flight of Survivorship' (On death 01 ORe
owlJ9r. llUe goes to WlVMng owner.) CHECK HERE D, Olherwise, thG IiUe
, will b& Issued as "Tenants In Common" 100 death of one OWne1', Inle.reslof
: deCeased owner goes 10 hfslher helm or eslallj).
! 1sr LIEN D,lTE: -.. If NO LIEN CHECl<: 0
liST LIENHOLOER
! STREET
,
'I CITY
i
" F1NJlNClAlINSTrTUTlOn NUMBE"
i
. 2NO LIEN [),In:'
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EXHIBIT "B"
STATE ZIP
-.. IF NO L19f, Cl-lECI< 0
STATE: ZIP
ROCKDALE RDAL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH
First Liens),
MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA (HO),
RI, SD, TN, TX (HO), UT, VT, VA, W A, WI (LH First Liens), WV (LH), WY
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice: 2115/06
CERTIFIED MAIL RECEIPT NO,
STEVEN MINER
34 THOMPSON CREEK RD
SHIPPENSBURG, PA 17257
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SUITE 200
WEXFORD, PA 15090
1,800-245,1340
Account No: 73505165
CREDITOR: GREEN TREE CONSUI\1ER DIS,CO,
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 thought you did not default,
Your default consists of 3 payments (plus 0.00 in fees and charges) totaling $735.69
Cure of default: Within 30 days from the postmarked date of this Notice. you may cure your default by paying $735.69
Which consists of i735.69 for past due payments and 0.00 for late charees or by doine the followine: N/A
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 vour default within the cure period described above, then as of 30 davs from the
postmark of this Notice. the maturity of this contract is automatically accelerated and full Davrnent of the contract in the
amount of $14616.94 shall be due and Dayable without any further notice from the creditor. Additional eXDenses, interest and
charges accrued after the date of this notice shall also be due and payable,
If you have questions, write Green Tree Consumer Discount Co. at the above address or call the number provided.
If this default was caused by your failure to make a payment of 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 Consumer Dis.Co.
EXHIBIT "e"
ROCKDALE RDAL, AZ, AR, CT, DE, DC, FL, GA, lA (LH PMM), !D, IL, IN, KY, LA, MA (LH), MD, ME (LH
First Liens),
MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA (HO),
RI, SD, TN, TX (HO), UT, VT, VA, W A, WI (LH First Liens), WV (LH), WY
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice: 2/15/06
CERTIFIED MAIL RECEIPT NO,
AMBER MINER
34 THOMPSON CREEK RD
SIUPPENSBURG, PA 17257
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SUITE 200
WEXFORD, PA 15090
1,800-245,1340
Account No: 73505165
CREDITOR: GREEN TREE CONSUMER DIS,CO,
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, YOll may continue with the contract as thought you did not default.
Your default consists of3 payments (pins 0.00 in fees and charges) totaling $735.69
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $735.69
Which consists of ~735.69 for past due payments and 0.00 for late char!!es or by doin!! the folIowin!!: N/ A
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 $14616.94 shall be due and oayable 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,
If you have questions. write Green Tree Consumer Discount Co. at the above address or call the number provided.
If this default was caused by your failure to make a payment of 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 Consumer Dis.Co.
-;:)~~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND C UNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, successor servicer to
GreenPoint Credit, LLC,
Plaintiff,
v.
Steven J, Miner and Amber M,
Miner,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVIS ON
No. 06-234 Civil Term ,;
PRAECIPE TO DISCONTINUE PURSUAN TO
PENNSYLVANIA RC.P, RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the re uest of Plaintiff, pursuant
to Pa.RC.P. Rule 229. The discontinuance shall be without p ejudice, and shall not be
deemed to bar the bringing of an action to collect any deficienc (or deficiency judgment)
owed to plaintiff by Defendants.
Erin P. Dyer, squire
PA 10 Number: 52748
Attorney for Green Tr e
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
(')
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-02343 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
MINER STEVEN J ET AL
SHANNON SHERTZER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
MINER STEVEN J
the
DEFENDANT
, at 1920:00 HOURS, on the 28th day of April
, 2006
at 34 THOMPSON CREEK DRIVE
SHIPPENSBURG, PA 17257
by handing to
STEVEN MINER
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
18.00
17.60
.39
10.00
.00
45.99/
~ 1-01-01
Sworn and Subscibed to
So Answers:
r~~
R. Thomas Kline
before me this
day
06/08/2006
DYER :~ FIRi~ ~, \]1 /1
Deputy SfitJ1ff
of
A.D.
SHERIFF'S RETURN - NOT FOUND
...
CASE NO: 2006-02343 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
MINER STEVEN J ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
MINER AMBER M
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
, NOT FOUND , as to
the within named DEFENDANT
, MINER AMBER M
34 THOMPSON CREEK DRIVE
SHIPPENSBURG, PA 17257
DEFENDANT LIVES AT 1000 CELESTE DR - FRANKLIN COUNTY.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
6.00
.00
5.00
10.00
.00
21.00/'"
~ 7.b1'0{,
So answers:
~~,~&
R. Thorn s Kline
Sheriff of Cumberland County
DYER LAW FIRM
06/08/2006
Sworn and Subscribed to before
me this
day of
A.D.
"
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-02343 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
MINER STEVEN J ET AL
R. Thomas Kline
t Sheriff or Deputy Sheriff who being
duly sworn according to lawt saYSt that he made a diligent search and
and inquiry for the within named DEFENDANT
t to wit:
MINER AMBER M
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of FRANKLIN
CountYt Pennsylvaniat to
serve the within COMPLAINT - REPLEVIN
On June
8th t 2006 t this office was In receipt of the
attached return from FRANKLIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Franklin Co
6.00
9.00
10.00
44.34
.00
69.34 /
06/08/2006 ~
DYER LAW FIRM
So an;~'7 yfi
~~p~~~
R. Thomas Kline
Sheriff of Cumberland County
101J(Jt~
Sworn and subscribe to before me
this
day of
A.D.
.
t .
In The Court of Common Pleas of Cumberland County, Pennsylvania
Green Tree Consumer Discount Caf!pany
VS.
Steven J. Miner et al
SERVE: Amber M. Miner
No.
06-2343 civil
Now,
May 5, 2006
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Franklin
County to execute this Writ,.this
deputation heing made at the request and risk of the Plaintiff.
r~-<~
Sheriff of Cum berland County, P A
Affidavit of Service
Now,
~/r
,20b' ,at 9:3' o'clock '/I M. served the
~t,~.J.. ~ (j~ ~t-~
o
~ ~ ( .f,.dL.. 'O~-I) f-' 4-J...v m. ~
at Itrn> ~ ~ ,J.~ J 04.. /1.)~)
by handing to ~ A.t..:i F J 4~.,,- h,. ~ )
a ~ .J-- ~ copy of the original ~,.<.:...;.u.:. ~
within
upon
and made mown to
~
the contents thereof.
So answers,
County, PA
COSTS
SERVICE
:MILEAGE
AFFIDAVIT
$
.......- $ iftf; 3~/
Rlch8nl D. ~. Nc*ry PuIIIIc T
~.... FIWIIdIn~
..., ComrnleIIon EJlfIRIan. 21. 2Of17