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HomeMy WebLinkAbout06-6331IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount CIVIL DIVISION Company, successor servicer to GreenPoint Credit, LLC, No. Plaintiff, Complaint in Civil Action - Replevin V. Filed on behalf of: William S. Smith and Pamela A. Bear, 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. § 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 RECEIPTOFTHIS 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, CIVIL DIVISION No. Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. NOTICE Complaint in Replevin 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. William S. Smith and Pamela A. Bear, Defendants. CIVIL DIVISION No. 01.0 - 433 ?1-0 ?CTOZ-P-111 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IFYOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN KRU PTCY AN D 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. William S. Smith and Pamela A. Bear, hereinafter referred to as "Defendants," are individuals whose last known address is 56 Mountainview Terrace, Newville, Pennsylvania 17241. 3. On or about June 21, 2000, Defendants purchased a 2000 Colony Factory Crafted Homes Manufactured Home, Serial Number SY14029AB, (the "Mobile Home"), from County Mobile Home Sales & Service, Inc. (the "Seller") and entered into a written Manufactured Home Retail Installment Contract 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 assigned its interest in the Security Agreement to GreenPoint Credit, LLC. GreenPoint Credit, LLC perfected its security 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 said Mobile Home is $57,000.00 and that the said Mobile Home is in the Defendants' possession and believed to be at Defendants' address as stated above. 7. Defendants defaulted under the terms of the Security Agreement by failing to make payments when due. As of October 17, 2006, the Defendants' payments of interest and principal were in arrears in the amount of $1,742.19. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of October 17, 2006, is $61,541.52. 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 $61,541.52 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. Erin P. Dye-r,-Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 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 Carmine M. Amelio, Regional Manager LAGreen Tree1GENERAL\Verification.Amelio.wpd PENNSYLVANIA RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, .. MH VARIABLE RATE CONTRACT WAIVER OF TRIAL BY JURY AND AGREEMENT TO w `?''" PLAN: Pot 062000 {ot or-FlcEt?uMBER: 79 as1 ARBITRATION OR REFERENCE OR TRIAL. BY JUDGE ALONE LCAN 60U E NC.: 7 5 04 0 8 (Contract) " =')ACCT. No.: l '?? BUYER(S)' NAME: WILLIAM S. SKITH - - s iNC?`V.? FUNDING CODE NAME: PAMELA A. BEAR 1 - - NAME: -- - - BUYER'S NAME: -- COUNTY: CUMBERLAND ADDRESS: 56 NT VIEW TERRACE crryNEWBURG STATE PA ZIP: 17241 - PHCNE: (717) 77.6-9267 S.sEC.*p):204-64-7231 179-44.9957 P90POSEDLOCATION OFMANUFAC1UREDF! IE.'56 MT VIEW TEW_CP„ NEWILLE, PA 17241 "I," "me," "myself" or "my" mean all persons who sign this Contract as buyer or co-buyer, jointly and severally. and "you" or "your" mean the Seller and any assignee. This Contract will be submlttea to the Creditor Indlcatea below, at a local office and, if approved, it will be assigned to that Creditor. On the date of this Contract, I buy from you on a credit sale basis the manufactured home describoa on page 2, together with fumishings, equipment, appliances and accessories included In the manufactured home at the time of purchase (called "Manufactured Home"). CRE3ITOR: GREENPOINT CREDIT, LLC PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this Contract (Item 5) with interest at the initial rate of 1.0.5 0 % per year. The interest rate l Wil pay will change in accordance with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed due to changes in the Interest rate, until the Unpaid Balance is fully paid. If, on 07 /01/3 0 , I still owe any amount tinter this Contract, i will pay such amount in full on that date, which Is called the "Maturity Date." Each monthly payment will be applied as of its scheduled due date. If no interest rate is disclosed above, the initial interest rate is the Annual Percentage Rate shown below. INTEREST RATE: My initial interest rate may not be basso on the index used to make later adjustments. My interest rate may change 11 months after my first payment is duo and every 12 . months thereafter based on movements In 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 "kloney Rates" section of The Wall Street Journal on the first publication day of each month, and known as the London Interbank Offered Rates (LIBOR), which is the index rate. This is called my "interest rate change date." My interest rate cannot increase or decrease by more than 2.0 0 t6 at any interest rate change or by more than 3 .00 Rio over the term of the Contract The interest rate will equal the Index rate in effect 45 days before tha Interest rate change date plus a margin of 5.25 % (rounded to the NEAREST 1/8 of one percentage point) unless the interest rate caps limit the amount of change in the interest rate. If this index rate is no longer available, you may choose a new index that is based upon comparable Information. ANNUAL FINANCE CHARGE Amount Financed Total of Payments Total Sale Price PERCENTAGE The arrount I will have paid The total costof my i RATE attar i have made all purchase an credit ThBdatiaramountthe Theanaumtofaredit I paytnentsasscheduled I (which Issub)=to The oostof rry credit as credit wil cost me (which provided to me or on (based on the amen: change) Inducting my a yearly rate (whbh is sub ect t chan Is subject to change): my behalf: Annual Percentage Raps II which is subjectto change): i damn pa e9• ti / G . 5 C $ 6 j ge). o 12.70 $ 179,417.44 $ 60,602.00 $ 240,019.44 , 246,889.94 1i .& # .s '': Flii.=C '' a?At*iaun xin. 'T`otailia':a. "ttin ant See Centraotterms for additional Information about nonpayment,default, required rape ant Ntrra ' tof Pa 'ctrl Pa - Tits : w ^r?• "" ;' i><s 6 19_ 61v on . -• g ' g in full before the soheduleddale, and f d d 12 56-5-69 $ AUGUST 01 0 C 0 Monthly beghn(ng prepaymentre un san penalties. a Pro manc 11 1 ff l t ill a Me h> ; 12 S 658.85 , _ beginnin AUGUST 01 200= nnen;hly g y p payo ear y, w not have ft pays penalty, but 1 Kill not be p i y ail 4 336 S 670.61 , beginning AUG-UST 01 2 C ( 2 Moruhly entitled to a refund o', IN Prepaid :?? S , beginning Monthly Flnarce Charge, if any. :.. , Security: I give you a seourity intawt in the goods or property being purchased. Late Charge: If a paymentis more than 15 days late, I wilt be charged 2 % of the unpaid amountof such payment, not to exceed a 5.00 Variable Aatw My Contractoonlalns a variable rate feature. Disdosures aboutthe variable rate feature have been provided to ma earlier. Assumption: Someone burng my Manufactured Home may, under oertainctroumsUnces,be allovedto assumethe remainderofthe Contract on the odglnal terms. Estimates: All numarloal disclosures except the :ate payment disclosures are e35mate3. The above disclosures are based on terns in effect on the date this Contract is signed. If the interest rate changes, actual Amount of Payments, Annual Percentage Rate, Finance Charg BA&TdtMf EMj?i§nts will be more or lessthan disclosed above. PALS= -:?e8 PAGE I OF #) EXHIBIT "A" Description of TRADSNAPAE: COLONY FACTORY CRAFTED_?214 MODE07G _ Manufactured - Horne: YEAR- 2000 NEW. X USED: LENGTH: 6 4 ft WIDTH: 2 ft. I? - SERIAL NUMBEFS:SV14C29 _ l SERfi0.t.; `LtNi9ER:. ADDITIONALAIR CONDITNG SKIRTING E - ACCESSORtE5 STEPS OIL TANK AND FURNISHINGS: I i 06200 1. Cash Price (Including Sales Taxof$ .00 ): $ 67,420.00 2. a. Cash Down Payment $ 47 C. 00 b. Trade-in (Year, Make, Model):96 SKYLINE C NG Length' 0 Width 14 I Gross Value S 27,800.50 Uens$ 21,400. CO (Seller to payoff) Net Trade-in Value $ "o , 400.5C Total Dovm Payment $ 6,870.50- 3. Unpaid Balance of Cash Price (1 minus 2) $ 60, 549 .5a 4. Amounts paid to others on my behall' a. To Insurance Companies: (1) Property insurance $ _ _ .00 (2) Credit Lite Insurance $ C 0 b. To Public Officials: (1) Certificate ofT'dle $ 22.50 (2)FILING FEES S 5.(10 c. To Creditor: For: ORIG FEES $ 1,212.58 d. To, For: PTOTARY FEES i $ 25. C0 s. To: I For. $ .00 I f. To: ? -- For: - - - - - - - - S .00 - g. To: GREENPOINT CREDIT , LLC Fbr: FLOOD FEE $_ 27.OC h. To: For: Total (a+b+c+d tort f+g th) $ 1,292.08 5. Unpaid Balance (3 plus 4) $ 61,841.58 RANCE Eta Q PROPERTY INSURANCE: Property Insurance on the 1 Manufactured Home is required for the term of this n Contract. I have the right to choose the person through l whom it is obtained By marking the appropriate fine below, I elect to buy the coverage Indicated from you for the term and premium shown, and I want it financed on this Contract. Type of Insurance Term Premium I . _ Physical Da a Covaraps CN.OS $ .00 BROAD F6RM S _ LIABILITY INSURANCE COVERAGE FOR BODILY iINJURY AND PROPERTY DAM-AGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE SEC-ION ABOVE. CREDIT LIFE INSURANCE: Credit Life Insurance Is f not required for this Contract or a factor in its approval. If I elect Credit Life Insurance, the name(s) of the proposed insured(s) are: F Proposed Insured _ Proposed Insured (Only spouse can to insured jointly.) This insurance may not pay off all of my debt, and th F e 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: f Type of Coverage _ Term Premium i Single $ 1 _ Joint $ } !-. Date i i 6. Prepaid Finance Charge S 1, 239. 58 I I (signenure) 7. Amount Financed (5 minus 6) $ 60, E02. 00 l Date I - t (aig nature) Pay understand and agree that a portion of certain of these amounts be retained by you or your affiliate. I (11 joint coverage Is desired, both proposed insureds must sign) PAZOMea-M ORIGINAL COPY PAOE20Pa ADDITIONAL TERMS AND CONDITIONS VARIABLE RATE: - - a. Monthly Payment Changes. My monthly payment amount will change each time my interest rate is adjusted. I will pay the amount of the new monthly payment beginning the first monthly payment at the Interest rate change date. i he monthly payment amount would fully amortize the remaining unpaid balance I am expected to owe on the interest rate change date at the adjusted interest rate in equal monthly payments over the remaining Term of this Agreement. b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate and- monthly payment at feast 25 days before the adjustment. This notice will contain information about the index rate, interest rate, payment amount and remaining unpaid balance. c. Conversion to Fixed Rata. I may choose to convert this Contract to a fixed rate Contract at any time beginning ZERO years from the date of this Contract and ending 30 years from the date of this Contract. Iri order to convert to a fixed rate, I must not be In cefauit under the terms of this Contract, i must notify you In writing of my desire to convert to a fixed rate, I must execute a revision agreement ana I must pay a nonrefundable conversion fee. The new fixed interest rate will be your standard fixed Interest rate for a comparable Contract on the data that you receive my written notification. The new fixed rate will take effect on the "Conversion Date," which shall be my next payment due date that is at least 3 C days after your timely receipt of a revision agreement signed by all Borrowers together with a nonrefundable conversion fee of $ 2 0 0 . C 0 . The new fixed rate and the Conversion Date are subject to 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. SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in ail goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment and other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items - Isted as 'Additional Accessories and Furnishings' on page f of this Contract; (3) any refuncs of unearned insurance premiums financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactured Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and performance of my obligations under this Contract, including any additional debt arising because of my failure to perform mf obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Contract constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I will sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your security Interest in any personal property and fixtures. 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 agreement or financing statement, and any extensions, renewals, or amendments thereof, shall be sufficient to perfect a security Interest with respect to such Rams. PREPAYMENT: i MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT i WILL NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. 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. PROPERTY INSURANCE: a. Minimum Coverage. I am required to provide physical damage Insurance coverage protecting the Manufactured Home for the term of this Contract against loss by fire, hazards Included within the term "extended coverage" and any other hazards, including flood, for which you require insurance, In an arhount equal to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance i owe from time to time on this Contract (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 consent In writing, I shall not add any additional loss payee to the insurance policy. I have the right to choose the person through whom the property insurance policy Is obtained. If my insurance coverage expires or is cancelled prior to payment in full of this Contract. I must obtain no less than the Minimum Coverage at my expense for the remaining term of this Contract Should I fail to maintain the Minimum Coverage, you may, but are not obligated to, obtain insurance coverage. I agree that any Insurance you purchase may be for the protection of only your interest in the Manufactured Home, may not fully protect me In the event of a loss, and may be for such reasonable period as you determine. If you decide, in your sole cilsoretfon, to obtain insurance, you wilt notfy me of that fact and that the cost, plus Interest at the Contract rate, will be added to my debt I will repay such amount during the term of the policy In the manner requested by you. I understand thatthe insurance premiums may be higher if you must purchase the insurance than might be the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may receive a profit for this service. FA=40•+199 ORIGINAL COPY PAWIC114 K Assignment and Application of Insurance Proceeds. 1 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 oramount 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 do so on my behalf. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restoration or repair of the Manufactured Home, unless you and l agree otherwise in writing or unless such restoration or repair is not economically practical or feasible, or your security interest would be lessened. If 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 Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. 1 hereby appoint you as my limited attorney-in-faot to sign my name to any check, draft, or other document necessary to obtain such insurance payments. - - LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this Contract Only one late charge will be made on any delinquent installment regardless of the period for which that installment remains in default. After this Contract matures, whether by acceleration or otherwise, I will not be charged a late charge. - EVENTS OF DEFAULT: I will be in default under this Contract if, (a) I fail to make any payment when due, (b) I fall to timely make rental payments, or to pay other charges and assessments, relating to the real property anclor facility on which the Manufactured Home is located; (c) I violate restrictive covenants. rules or regulations relating to the real property and/or facility where the Manufactured Home is located; (d) I fail to keep the Manufactured Home In good repair and condition, as you may reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you in advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneficial Interest in the Manufactured Home without first obtaining your written consent; (g) I allow the Manufactured Homo to become part of any real estate without first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use It for hire or Illegally; (1) 1 fall to promptly pay any taxes and other Hens and encumbrances on the Manufactured Home or on the real property on which it is located, if this is my responsibility; and/or ()} I fail to do anything else which I have promised to do under this Contract NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary to correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this Contract. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not_ reouired to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) 1 have abandoned orvoluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home is transferred from me, whioli wilt be at least 45 days after receipt of the Notice of Default and Right to Cure Default to cure a default, I must pay: (a) all amounts which would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late charges that are due; and (d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to the site of sale. I must also perform any other obligation I would have had to perform in the absence of default. _ REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following at the and of the notice period, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security Interest I give you under this Contract. If you are not required to send me the Notice of Default and Right to Cure Default, you will have these rights Immediately upon my default. Once you get possession of the Manufactured Home you will sell It, If the amount from the sate, after expenses, is less than what i owe you, I will pay you the difference except as otherwise provided by law. All _ remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect your security. ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL: a. Disp;te Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating to this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any calm based on or arising from an alleged tort, shail, if requested by either you or me, be determined by arbitration, reference, or trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting claims arising from a single transaction, shall be determined by arbitration as described below. Any other controversy shall be determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the controversy is venued lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND I AGREE AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY TRIAL BYAJUDGE, BA350M-11e9 ORIGINAL COPY PAaeaor<a b. Arbitration. Since this Contract touches and concerns interstate commerce, an arbitration under this Contract shall be conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice of law provision in this Contract The Commercial Rules of the American Arbitration Association 'AAA") also shall apply. The arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be in writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be entered in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except as provided by Section 10 of the United States Arbitration Act or upon a finding of manifest Injustice. c. Judicial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (a) that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointed by the court who, sitting alone and without jury, shall decide all questions of law and fact. You ano I shall designate to the cam a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponsored proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy Is venued lacks the powerto appoint a referee, the controversy instead shall be decided by trial by a judge without a jury. d. Self-help, For+eclosum, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or I may have to exercise self-help remedies such as set-off or repossession, to foreclose by power of sale or judicially against or -- sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction before, after or during the pencency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of any such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute or controversy be determined by arbitration as provided above. - - ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with the _ enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dispute relating to this Contract, you will pay my reasonable attorney fees, court costs and necessary cisbursements incurred in connection with such action or proceeding, as determineo by the court, the referee, or the arbitrator(s) in accordance with the law. If you prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, I will pay any court costs and necessary disbursements to the full extent permitted by law, together with reasonable fees imposed on you by an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not exceed $50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure Default OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the astimater amount necessary to pay yearly taxes, assessments and insurance premiums that w;q become due within the next twelve-month period; (b) to pay you a transfer fee 91 sell the Manufactured Home, unless such fee is prohibited by law; (c) to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in -- full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually advance on my behalf to correct my default; and (e) that 91 am married, and residing in a community property state, both my community property and separate property will be liable for all payments due under this Contract. ASSIGNMENT. You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to any assignee of this Contract CREDIT INFORMATION: You may investigate my credit history and credit capacity In connection with opening and colieoting my account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnlsh information about me, including insurance information, to all others who may lawfully receive such information. You may furnish speeilic Information about the Manufactured Home and any Insurance policies on the Manufactured Home to any insurance agent to enable such agent to quote premiums to me and solicit my insurance business. WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of this Contract shall be changed unless In writing and signed by one of your officers. This Contract is the entire agreement between us and I agree that no oral or implied representations have been made to induce me to enter into this Contract. VALIDITY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited by or Invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without Invalidating the remainder of such provision or the remaining provisions of this Contract This Contract shall be of no effect until and unless signed by me and you. In no event shall any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, such excess shall be refunded or applied to the amount due. GOVERNING LAW. Each provision of this Contract shall be construed in accordance with and governed by the laws of the state of Pennsylvania, provided that to the extent you have greater rights or remedies under Federal law, such choice of state lave shall not be deemed to deprive you of such greater ri"gp¢1@q"db@Pgder Federal law. _ PI &MM-1190 PdGESOFL ACCEPTED., The foregoing Contract Is neretyassigned underlie terms of the Assignmenton page 7. COUNTY MOBILE HOME SALES & SELLER: SELLERS ADDRESS.. RR # 4 SOX 328 E RT 522 : _ L STOWN, PA 17 044 _ SEALERS f SIGNATURE: L SELLER'S TITLE- If you do not meet your Contract obligations, you may lose your manufactured home. Notice to Buyer: Do not sign this Contract In blank. You are entitled to an exact copy of the Contract you sign. Keep it to protect your legal rights. BUYER(S) SIGNATUREip): WIL I. K S. SMITH ?PAIELA A. BEAR DATE OF THIS CONTRACT- I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. {Signature of Buyer) (Signature of Co-Buyer) ASSIGNMENT BY SELLER TO CREDITOR INDICATED ON PAGE 1 ("Creditor") With respect to this retail installment contract ("Contract") signed by one or more buyers ("Buyer'), SELLER represents and warrants that: (1) Buyer's credit statement submitted herewith Is completely accurate unless otherwise specified; (2) Buyer was legally competent to. contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide sale of the merchandise described in-this Contract; (4) the down payment-was made by Buyer In cash unless otherwise specified and no part thereof was loaned directly or indirectly by Seller to Buyer, (5) any trade-in, or other consideration, received as any part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed on such trace-in or other property is accurately described on page 2 and has been paid off by Seller prior to or contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set forth herein; (7) this Contract and any guaranty submitted In connection herewith is in all respects legally enforceable against each purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to It; (9) in the event of any olaim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or other property or consideration transferred pursuant to this retail Installment contract, Seller agrees that it will Indemnify and hold Creditor harmless from all such claims and defenses as well as from all costs reasonably incurred by Creditor in connection _ therewith, Including but not limited to reasonable attomey fees and court costs; and (10) in accordance with the Fair Credit Reporting Act, Seller has notified Buyer that this Contract Is to be submitted to Creditor. Forvalue received, Seller hereby assigns to Creditor all Its rights, title and interest in this Contract and the property which is the subject matter hereof and authorizes Creditor to do everything necessary to coiled and discharge same. All the terms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a pare _ hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing this Contract. ORIGINAL COPY _ _- PA48CM.1199 - - PAOE40F9 YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURYTRIAL, AND AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE BEEN MADE. - 7 7 CERTI+F?IIC-A_TE OF TITLE FORA VEHICLE p9a S1t140'11H . ":_ : ::. _ ?2bCtI= :Cd'l?tY ' = SIt€5i#`.l? VEHICLE IDENTIFICATION NUMBER' • '- '.: ! a YEAR 1 - MARE OF VEHICLE y •. - -' :.•,TITLE NUMBER BOGY TYPE DUP •SEAT CAP PRIOR TITLE STATE ` ODOAL PROCD. DATE { ODOM. MILES i ODOM. STATUS DATE PAW E0 •. DATE OF ISSUE UNLADEN WEIGHT '.-l •'"GVWR'' I r '. GCWRi- •,• .3 TITLE, BRANDS' . ODOMETER DISCLOSURE7-0?F? f7 81En ERAL LAW REGISTERED OWNER(S) ' 8 ?•? ,°??a''"''D' "j F'?DUM.t?mwl`?'??, WILLIAM S SMITH PAMELA A BEAR 56 MT VIEW TERRACE NEWVILLE PA 17241 FIRST LIEN FAVOR OF, GREENPOINT CREDIT LLC FIRST LIEN RELEASED ' DATE BY AUTHORIZED REPRESENTATIVE MAILING ADDRESS 031007 GREENPOINT CREDIT LLC 400 SOUTNPOI NT B_L_VD STE 230 CANONSBURG PA 15317 I certly as of ft data of I=*, M official rM* Of me POW"Mnle Depanmeat of TrsnsportalaL toNd M* Vne-pown(s) W company named hmIn la dm lawful owner of the U4 VoKie - SWORN TM troomp'w I'^-rky m6w ppierlm• b r dfi? of TeM b IM .dace dwaedd rllm rArda to M d„FNwMerir W caw Oland /NtY1a I,d?s SdihATLRc OF COA?ALMdNTMTLE OF AVRIOML SECOND LIEN FAVOR OR D % second he"der IF Ieted upon satlsfauti m of eu firs( Ian, eM fras W*okfer nwat brward Oft Rea to to Bureau of Moerr Vehicies wAl dro oppmpnafe fam end lee - - - -SECOND LIEN RELEASED DATE BY AUTHORZED REPRESENTATIVE a: r_ .n A ??S`RAflt?lf L '1?-I?RY Secretary of TraBsportadoa ODOMETER STATUS _ 0. ACTUAL MILEAGE I . MILEAGE EXCEEDS THE MECHANICAL LIMITS 2 s NOT THE ACTUAL MILEAGE 3 s NOT THE ACTUAL MILEAGE-ODOMETER TAMPERING VERIFIED ? s EXEMPT FROM ODOMETER OISCLOSUPE TRLE BRANDS A r ANTIOUE VEHICLE C . CLASSIC VEHICLE D . COCLECTME VEHICLE F OUT OP CDUNTRY 0 = OR SINALLY MFOO FOR NO" B. DISTRIBUTION H . AGRICULTURAL VEHICLE L . LOGGING VEHICLE P . tSIWAS A POLICE VEHICLE R = RECONSTRUCTED S . STREET POD T . RECOVERED THEFT VEHICLE V s VEHICLE CONTAINS REISSUED VIN Or . FLOOD VEHICLE X s tMWAS h TA* - If a co-purchaser other than your apouae is IWO and you want the NDe 10 be listed as "Joint Tenants With Right of Su rvivorshr (On death of one t 4NO C ?al1OSh .t? . Will be issue as enants CortlTton' (On death o[ one owner, interest of deceased owner goes to W ter hems or estate). 1$TfIEk-6AY?-" y IF au-LIEN' CHECC AST LIENHOL09A STREET CITY STATE ZIP FINANCIAL rNSTTRITION NUMBER PST D If. EN D?iE - - -T??-?F ISO LIEN, CHECK 2ND UENHOLDEA STREET E ZIP EXHIBIT "B" t r AL, 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 (110), NM, NY, NC, ND, OH, OK, OR, PA X RI, SD, TN, TX (HO), UT, VT, VA, WA, WV (LH), WY rLj r X NOTICE OF DEFAULT G RE P?. ,? RLj AND RIGHT TO CURE DEFAULT Date of Notice: 09/2612006 Certified Mail Receipt No. 71067112169400521005 William S. Smith Green Tree Consumer Discount Company 56 MT View Terrace 105 Bradford Rd SC III Suite 200 Newville, PA 17241-9025 Wexford, PA 15090 800-643-0202 Account No: 735051211 Creditor. Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of. 2 payments past due(plus $15.00 in fees and charges) totaling $1,154.29. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $1,154.29, which consists of $1,139.29 for past due payments and $15.00 for late charges, or by doing the following: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $61,706.43 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This is and at¢exa444c &ct a debt and any information i Y i dJbx (Please P" Maly) s. oaa d Da iwry t 10/04 C. Signebee t7 w O i W X ?Agenl A e M Q cc is deiw«y address dnre,em from hem 1? d YES, sear deiwry add- below: ? y „ ? n C C _ M W Q 2 3. Service Type CERTIFIED MAIL r Z M Q W ! 4. Restricted Delivery? (ExVn Fee) ?Vea U Z D 0 n n_ 1. ArGde Addressed to: w-1 0 I ' r m M > CC CO ¢ Green Tree Consumer Discount Company ' O m d pC Cn 2 Tempe III >, m c M U 7360 South Kyrene Rd ¢ Tempe, AZ 85283-4583 i O D i Z 0 PS Form 3811,Ju DF]N1 ? EXH IBIT "C" AL, 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 X RI, SD, TN, TX (HO), UT, VT, VA, WA, WV (LH), WY X NOTICE OF DEFAULT GREI rR£ £i AND ?? RIGHT TO CURE DEFAULT Date of Notice: 09/2612006 Certified Mail Receipt No. 71067112169400521012 Pamela A. Bear Green Tree Consumer Discount Company 56 MT View Terrace 105 Bradford Rd SC III Suite 200 Newville, PA 17241-9025 Wexford, PA 15090 800-643-0202 Account No: 735051211 Creditor. Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of: 2 payments past due(plus $15.00 in fees and charges) totaling $1,154.29. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $1,154.29, which consists of $1,139.29 for past due payments and $15.00 for late charges, or by doing the following: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $61,706.43 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This iss `?7. " ? o H Q :3 q: O W O W Cc ly CC CC U a W J (3 H2O Z(L J a: a W W 0 a debt and any information Is delivery addres dlllarent from Nom 11 N YES, cedar delivery address below: i 3. Service Type CERTIFIED MAIL i 4. Restricted Delivery? (Ext- Fee) ? Yes i 1. Artide Addressed to: Green Tree Consumer Discount Company Tempe III 7360 South Kyrene Rd Tempe, AZ 85283-4583 S. Data of Deflvary ?Ve ? N. 10/04 v M D 2 Cl) C r (gyp Z M D m O ma_ d n m : Fn Q In O Z v DF701 PS Form 3811, July 2001 Domestic Retum Receipt 91 - n j3 fl - ?;, 4 I. IN THE COURT OF PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Plaintiff, I q Complaint in Civil Action - Replevin V. William S. Smith and Pamela A. Bear Defendants. 2 3 Answer lad N14J dtv, I JG 'l IU ?a F(??) M 4,j..,g CIVIL DIVISION r1t 06-63-St 644P-t,,?? Filed on behalf of : ;Uh? UPn y cue deg y 13 VERIFICATION William S. Smith and and Pamela A. Bear subject to the penalties of 18 Pa. C.S. section 4904 relating to unworn falsification to authorities that the facts set forth in the foregoing are true and correct to the best of our knowledge, information and belief. William S. Smith and Pamela eot? ,l C7 ^? fT cn (3l -'C SHERIFF'S RETURN - REGULAR CASE NO: 2006-06331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENTREE CONSUMER DISCOUNT CO VS SMITH WILLIAM S ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon SMITH WILLIAM S the DEFENDANT , at 1523:00 HOURS, on the 6th day of November , 2006 at 56 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 by handing to PAMELA BEAR, ADULT IN CHARGE 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: So Answers: Docketing 18.00 *,. ?? Service 9.68 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68 ? 11/07/2006 DYER LAW FIRM Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. ` SHERIFF'S RETURN - REGULAR CASE NO: 2006-06331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENTREE CONSUMER DISCOUNT CO VS SMITH WILLIAM S ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon BEAR PAMELA A the DEFENDANT at 1523:00 HOURS, on the 6th day of November , 2006 at 56 MOUNTAINVIEW TERRACE NEWVILLE, PA 17241 by handing to PAMELA BEAR a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 So Answer`s : Surcharge 10.00 R. Thomas Kline .00- 16.00-/ 11/07/2006 t1 f?4 r?4 DYER LAW FIRM Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount CIVIL DIVISION Company, successor servicer to GreenPoint Credit, LLC, No. 06-6331 Civil Term Plaintiff, Motion For Judgment On The Pleadings V. William S. Smith and Pamela A. Bear, Filed on behalf of the Plaintiff, Defendants. Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount CIVIL DIVISION Company, successor servicer to GreenPoint Credit, LLC, No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW, comes Plaintiff, Green Tree Consumer Discount Company, successor servicerto GreenPoint Credit, LLC, by its attorneys, Dyer Law Firm, P.C., and Erin P. Dyer, Esquire, and files its Motion for Judgment on the Pleadings as follows: 1. This is a replevin action, wherein Plaintiff seeks recovery of a certain 2000 Colony Factory Crafted Homes Manufactured Home from Defendants, William S. Smith and Pamela A. Bear, who financed their purchase through Green Tree's assignor. 2. Plaintiff alleges in its Complaint that Defendants are in default pursuantto the Security Agreement executed at the time of purchase of the home, because Defendants failed to make payments when due. 3. Defendants filed an Answer to Plaintiff's Complaint in which they admit Paragraphs 1 through 5, and 7 through 10. They deny Paragraphs 6 and 11 through 14, although their denials are stated as "deny" to each of the Paragraphs, without further elaboration. 4. As a result of their failure to deny that they are in default under the Security Agreement and that Green Tree is entitled to immediate possession of the manufactured home, the Creditor is entitled to Judgment on the Pleadings. 5. In addition, by operation of the Pennsylvania Rules of Civil Procedure, Defendants' denial of Paragraphs 6 and 11 through 14 must be deemed admissions since they fail to specifically deny Plaintiff's averments. 6. Defendants' Answer contained no New Matter. Therefore, the pleadings are closed. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, moves this Honorable Court to grant Judgment on the Pleadings in its favor and against the Defendants, William S. Smith and Pamela A. Bear. Respectfully submitted: 4--A? - BY: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Smith - Bear\M4JP.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. CERTIFICATE OF SERVICE I do hereby certify that on January 12, 2007, 1 served a true and correct copy of the Motion For Judgment on the Pleadings by sending same via United States First Class Mail, postage prepaid, to: William S. Smith 56 Mountainview Terrace Newville, PA 17241 Pamela A. Bear 56 Mountainview Terrace Newville, PA 17241 C =5 ?? By: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Smith - Bear\M4JP.wpd c - -„ ` f-TI - -TA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. PRAECIPE TO WITHDRAW MOTION FOR JUDGMENT ON THE PLEADINGS To the Prothonotary: Please withdraw the Plaintiff's Motion for Judgment on the Pleadings and its accompanying Memorandum of Law in Support of the Motion for Judgment on the Pleadings in the above-referenced civil action. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Smith - BearTraecipe to Withdraw.wpd {r` - ) _ ?? ? _; T• -. ; C.?1 -_- - -.. ?. _ _? It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount CIVIL DIVISION Company, successor servicer to GreenPoint Credit, LLC, No. 06-6331 Civil Term Plaintiff, MOTION FOR JUDGMENT V. ON THE PLEADINGS William S. Smith and Pamela A. Bear, -- Defendants. Filed on behalf of the Plaintiff, Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount CIVIL DIVISION Company, successor servicer to GreenPoint Credit, LLC, No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. MOTION FOR JUDGMENT ON THE PLEADINGS .- . AND NOW, comes Plaintiff, Green Tree Consumer Discount Company, successor servicerto GreenPoint Credit, LLC, by its attorneys, Dyer Law Firm, P.C., and Erin P. Dyer, Esquire, and files its Motion For Judgment On The Pleadings as follows: 1. This is a replevin action, wherein Plaintiff seeks recovery of a certain 2000 Colony Factory Crafted Homes Manufactured Home from Defendants, William S. Smith and Pamela A. Bear, who financed their purchase through Green Tree's assignor. 2. Defendants are in default of the Security Agreement executed at the time of purchase of the home because Defendants failed to make payments when due. 3. Defendants filed an Answer to Plaintiff's Complaint in which they admit paragraphs 1 through 5, and 7 through 10. By these admissions, the Defendants admit the essential elements of the replevin action. 4. As a result of Defendants' admission that they are in default under the Security Agreement, Green Tree is entitled to judgment on the pleadings and immediate possession of the manufactured home. 5. Defendants deny paragraphs 6 and 11 through 14, although their denials are stated only as "deny" to each of the paragraphs, without further elaboration. 6. Paragraphs 6 and 11 through 14 of Defendants' Answer to Plaintiff's Complaint fail to specifically deny Plaintiff's averments; therefore, the Plaintiff's averments are deemed admitted by the Defendants pursuant to Rule 1029(b) of the Pennsylvania Rules of Civil Procedure. 7. Defendants' Answer contained no New Matter; therefore, the pleadings are closed. 8. On January 26, 2007, Defendant, Pamela Bear, filed a voluntary petition for relief under Chapter 7 of the U.S. Bankruptcy Code with the United States Bankruptcy Court for the Middle District of Pennsylvania at Case Number 07-00208. 9. On April 24, 2007, the Bankruptcy Court granted Green Tree relief from the automatic stay pursuant to 11 U.S.C. Section 362. A copy of the Order is attached hereto as "Exhibit I." WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, moves this Honorable Court to grant judgment on the pleadings in its favor and against the Defendants, William S. Smith and Pamela A. Bear. Respectfully submitted: BY: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Smith - BeaAMotion For Judge on Pleadings.wpd IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HARRISBURG IN RE: Pamela Ann Bear, Bankruptcy Court No. 1:07-bk-00208-RNO Debtor, Green Tree Consumer Discount Company, Movant, VS. Pamela Ann Bear Leon P Haller, Trustee Respondents. Chapter 7 Judge Robert N. Opel II ORDER GRANTING RELIEF FROM AUTOMATIC STAY PURSUANT TO 11 U.S.C. SECTION 362 AND NOW, this matter came to be considered on the Motion for Relief from Stay (the "Motion") filed by Green Tree Consumer Discount Company ("Movant"). Movant has alleged that good cause exists for granting the Motion and that the Debtor, Pamela Ann Bear, counsel for the Debtor, the Trustee, and all other necessary parties were served with the Motion and with notice of the hearing date of the Motion, and good and sufficient cause appearing, it is: ORDERED that the above-captioned Motion is GRANTED, and relief from the automatic stay imposed by 11 U.S.C. Section 362 is granted as it applies to the collateral at issue. Movant shall be entitled to assess attorneys fees and costs as permitted under the Security Agreement. Upon this Order being entered, Movant shall have the continuing authority to contact the Debtor directly to determine Debtor's intent regarding the collateral at issue and/or to verify the EXHIBIT I vacancy of said collateral. Movant shall, within 5 days hereof, serve a copy of the within Order on all parties in interest who will not otherwise be notified electronically by the Bankruptcy Clerk and its docketing and file a certificate of service with respect to said parties. Dated: April 24, 2007 6" Robert N. Opel, It Ba nptey Judge This document is electronically signed and filed on the same date. (Si) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. CERTIFICATE OF SERVICE I do hereby certify that on June 5, 2007, 1 served a true and correct copy of the Motion For Judgment On The Pleadings by sending same via United States First Class Mail, postage prepaid, to: William S. Smith 56 Mountainview Terrace Newville, PA 17241 Pamela A. Bear 56 Mountainview Terrace Newville, PA 17241 By: Erin P. Dyer,-Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue. Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Smith - Bear\Motion For Judge on Pleadings.wpd Ca Tf r ^, 1 Uri PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) Ctem M:ee ams er Disoartt Clstpary, s xmssor sa:,A r to CrealP aaint CCedit, LIC (Plaintiff) VS. Willian S. Snit h aryl Pamela A. Baar (Defendant) No. 06-6331 , Civil Term 1. State matter to be argued (ie., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Nodal fbr- JuJUna>t an the Pleadings 2. Identify counsel who will argue cases: (a) for plaintiff: Pr in P_ i2a=r- s (Name and Address) 5743 Gritre A aam, Pik, PA 15206 (b) for defendant: (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Date: June 9, 2007 I Signature -- Erin P. Dyer Print your name Green Tree Attorney for S C- ) N - r A _ s 711 M Co "` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No. 06-6331 Civil Term Plaintiff, V. CERTIFICATE NOTIFICATION JULY 11, 2007 OF SERVICE FOR OF ARGUMENT ON William S. Smith and Pamela A. Bear, Defendants. Filed on behalf of the Plaintiff, Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 s ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. CIVIL DIVISION No. 06-6331 Civil Term CERTIFICATE OF SERVICE do hereby certify that on June 27, 2007, 1 served a true and correct copy of the Notification of Argument On July 11, 2007, by sending same via United States First Class Mail, postage prepaid, to: William S. Smith 56 Mountainview Terrace Newville, PA 17241 Pamela A. Bear 56 Mountainview Terrace Newville, PA 17241 By: Erin P. Dyer, squire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 LAGreen Tree\Smith - Bear\COS Notification of Argument.wpd 10. . -, Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary Erin P. Dyer, Esquire 5743 Centre Avenue Pittsburgh, PA 15206 DATE: June 21, 2007 TO: Attorney Dyer: THIS IS TO NOTIFY YOU THAT CASE NUMBER 06-6331, 'Green Tree Consumer Discount Co., successor servicer to GreenPoint Credit, LLC VS. William S. Smith and Pamela A. Bear HAS BEEN LISTED FOR ARGUMENT ON July 11, 2007 Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. Curtis R. Long Prothonotary N Q rTi CO -< #26 GREEN TREE CONSUMER DISCOUNT CO., SUCCESSOR SERVICER TO GREEN POINT CREDIT, LLC, Plaintiff V. WILLIAM S. SMITH and PAMELA A. BEAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006 - 6331 CIVIL TERM CIVIL ACTION -LAW IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY, GUIDO, JJ. ORDER OF COURT AND NOW, this 17TH day of JULY, 2007, Plaintiff s Motion for Judgment on the Pleadings is GRANTED as to the possession issue only. Judgment is entered in favor of Plaintiff and against Defendants for the possession of a 2000 Colony Factory Crafted Manufactured Home, Serial # SG14029AB. By the C , Edward E. Guido, J. X ?>"`"n P. Dyer, Esquire For the Plaintiff illiam S. Smith Pamela A. Bear J 56 Mountainview Terrace Newville, Pa. 17241 Court Administrator III :11 t.1v f31 d Air L aZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. PRAECIPE FOR ENTRY OF JUDGMENT PURSUANT TO ORDER To the Prothonotary: Please enter judgment in favor of the Plaintiff pursuant to the Order entered in this civil action on July 17, 2007, granting the Plaintiff's Motion for Judgment on the Pleadings against the Defendants, William S. Smith and Pamela A. Bear. The entry of judgment in this civil action is for possession of a 2000 Colony Factory Crafted Homes Manufactured Home, Serial Number SY14029AB, that being the relief demanded in the Complaint. Erin P. Dyer, Esquir PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 CC c ?' L) 9 © ..? rte.. ? t? l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. William S. Smith 56 Mountainview Terrace Newville, PA 17241 Pamela A. Bear 56 Mountainview Terrace Newville, PA 17241 NOTICE Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT BY DEFAULT has been entered against you in the above proceeding. 11 9 Prothonotary ?2C r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Plaintiff, V. William S. Smith and Pamela A. Bear, trrn..c ?. 5-4 M o u ?' aj? J; eKJ -j NZ?/r?lL, 1"79.y( Defendants. CIVIL DIVISION No. 06-6331 Civil Term PRAECIPE FOR WRIT OF POSSESSION To the Prothonotary, kindly issue Writ of Possession in the above matter and direct the Sheriff of Cumberland County to: 1: Deliver possession of the following described property to Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC: 2000 Colony Factory Crafted Homes Manufactured Home, Serial Number SY14029AB. 2. Inform William S. Smith and Pamela A. Bear that they have ten (10) days to remove personal items. 3. After ten (10) days a motor truck will transport the 2000 Colony Factory Crafted Homes Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile Home with a new lock for later transport. 4. Levy upon any property of William S. Smith and Pamela A, Bear remaining after the above-mentioned time period and sell their interest therein. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 'Yq 6 a ?J T 9 "l +1 4?H c .? C. lz? V x? f 1_, J r ? r• -"% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No. 06-6331 Civil Term Plaintiff, V. William S. Smith and Pamela A. Bear, Defendants. Writ of Possession WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA ) ss COUNTY OF CUMBERLAND ) To the Sheriff of Cumberland County: 1. To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC: 2000 Colony Factory Crafted Homes Manufactured Home, Serial Number SY14029AB. 2. You are directed to inform William S. Smith and Pamela A. Bear that they have ten (10) days to remove personal items. r .b 3. After ten (10) days a motor truck will transport the 2000 Colony Factory Crafted Homes Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile Home with a new lock for later transport. 4. To satisfy the costs against William S. Smith and Pamela A. Bear, you are directed to levy upon any property of William S. Smith and Pamela A. Bear remaining after the above-mentioned time period and sell their interest therein. 1sl= R zc!:?2 (Prothonotary/Clerk) (Deputy) Seal of the Court: Date H , 20 07 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY VS. No. 06-6331 Civil Term WILLIAM S. SMITH AND PAMELA A. BEAR 56 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 Costs Attorney's $ 147.18 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) GREEN TREE CONSUMER DISCOUNT COMPANY, SUCCESSOR SERVICER TO GREENPOINT CREDIT, LLC being: (Premises as follows): 2000 COLONY FACTORY CRAFTED HOMES MANUFACTURED HOME, SERIAL NUMBER SY14029AB. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. /s/ ate` ?. Curtis R. Long, Prothonotary, Common Pleas Court of Cumberland County, PA Date August 14, 2007 (Seal) { 2of2 No 06-6331 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY, SUCCESSOR SERVICER TO GREENPOINT CREDIT, LLC VS. WILLIAM S. SMITH AND PAMELA A. BEAR WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs AtVy $ 147.18 Plff (sl $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: ERIN P. DYER, ESQUIRE, 5743 CENTRE AVENUE, PITTSBURGH, PA 15206 (412) 361-1000 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , . I caused the within named , to have possession of the premises described with the appurtenances, and So Answers, Sworn and subscribed to before me this Day of , Sheriff By Prothonotary Deputy s j .r n N6 r, 2of2 No 06-6331 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY, SUCCESSOR SERVICER TO GREENPOINT CREDIT, LLC VS. WILLIAM S. SMITH AND PAMELA A. BEAR WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 147.18 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: ERIN P. DYER, ESQUIRE, 5743 CENTRE AVENUE, PITTSBURGH, PA 15206 (412) 361-1000 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 Writ of Possession returned STAYED 9/1870/ per instructions from Attornev Dver. Sworn and subscribed to before me this Day of , Prothonotary Sheriff's Return: Docketing 18.00 Prothy 2.00 Poundage 1.46 Milage 23.04 Surcharge 30.00 74.50 So Answers, Sheriff By Deputy Advance Costs: Sheriff's Costs: 00.00 74.50 --125-.50 -./ qi-, 9?U f07 Refunded to Atty on 9/18/07 vD 4L G ogp431. lpP 4h " - w '% ?i lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY VS. No. 06-6331 Civil Term WILLIAM S. SMITH AND PAMELA A. BEAR 56 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 Costs Attorney's $147.18 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) GREEN TREE CONSUMER DISCOUNT COMPANY, SUCCESSOR SERVICER TO GREENPOINT CREDIT, LLC being: (Premises as follows): 2000 COLONY FACTORY CRAFTED HOMES MANUFACTURED HOME, SERIAL NUMBER SY14029AB. (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. /S/ 0 R. .6k" y44 Curtis R. Long, Prothonotary, Common Pleas Court of Cumberland County, PA Date August 14, 2007 (Seal)