HomeMy WebLinkAbout00-00450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
\
CIVIL DIVISION
Conseco Finance Consumer
Discount Company,
No. ~ 000 - 'ISO
~Iud't~
Complaint in Civil Action - Replevin
Plaintiff,
Filed on behalf of:
Conseco Finance Consumer
Discount Company
v,
Counsel of Record for this Party:
Defendant.
Erin P. Dyer, Esquire
PA 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Denise J. Ettinger,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Conseco Finance Consumer
Discount Company,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
v.
Denise J. Ettinger,
Defendant.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Conseco Finance Consumer
Discount Company,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. :unm. </.5'0 {i;:J f~
CIVIL DIVISION
v.
Denise J. Ettinger,
Defendant.
COMPLAINT
COUNT I - REPLEVIN
AND NOW comes Conseco Finance Consumer Discount Company, by and through
its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in
Replevin:
1, Conseco Finance Consumer Discount Company, hereinafter referred to as
"Plaintiff" or "Conseco," is a corporation duly authorized to conduct business in the
Commonwealth of Pennsylvania and has its principal place of business located at
Stonewood Commons Ill, 105 Bradford Road, Suite 200, Wexford, PA 15090.
2. Denise J. Ettinger, hereinafter referred to as "Defendant," is an individual
whose last known address is 77 Big Spring Terrace, Newville, Pennsylvania 17241.
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3. On or about December 15, 1997, Defendant purchased a 1978 Fleetwood
Enterprise Manufactured Home, Serial NumberPAFL 1A807220816, (the "Mobile Home''),
from Carl E. McCloskey, Joanne R McCloskey and Julie McCloskey, (the "Seller"), and
entered into a written Manufactured Home Transfer of Equity and Assumption Agreement,
(the "Security Agreement") with Conseco 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.II
4. Conseco 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 "8."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$10,500.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms ofthe Security Agreement by failing to
make payments when due. As of January 17, 2000, the Defendant's payments of interest
and principal were in arrears in the amount of $80724, Pursuant to the Acceleration
Clause in the Security Agreement the amount outstanding as of January 17, 2000, is
$9,563.99.
7. Plaintiff provided Defendant 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,"
8. Defendantfailed to cure the default or return the Mobile Horne upon Plaintiffs
demand,
9, Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home,
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10. The Security Agreement provides that in the event of default:
a. Defendant will pay 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.
11. In order to bring this action Conseco Finance Consumer Discount Company
was required to retain an attorney and did so retain Attorney Erin p, Dyer.
WHEREFORE, Plaintiff, Conseco Finance Consumer Discount Company, requests:
a) judgment against Defendant 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,
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COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, Conseco Finance Consumer
Discount Company, alleges the following:
12, Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fUlly set forth.
13. This Count is brought in the alternative to the relief sought in Count L
,:
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WHEREFORE, Plaintiff, Conseco Finance Consumer Discount Company, requests:
a) judgment against Defendant in the amount of $9,563,99 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
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Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Conseco Finance Consumer
Discount Company
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\Green Tree\Ettinger, Denise J\CM.wpd
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VERIFICAIION
Carol A. Gosser, Collection Manager and duly authorized representative of
Conseco Finance Consumer Disc,ount Company, deposes and says subject to the
penalties of 16 Pa. C.$. section 4904 relating to unsworn falsification to authorities
that the facts set forth in the foregoing Complaint are true and correct to the best of
her knowledge, infurmation and belief.
oarol A. Gosser
Collection Manager
Conseco Finance Consumer Discount
Company
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MANUFACTURED HOME TRANS;;iRO~ EQUITY AND - !
ASSUMPTION AGREEMENT ICONV,'FHA.\rA1IMH.O~~
"MANUFACTURED MCCLOSKeY, CARL!.. CIO JULIE MCCLOSKrl. I!tWV'LW:, PA "2'1
HOME SELLER: I1CCLOSKrl, JOAJl1Ili: R.
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AC<l"wnt No.
OBtO:
733174~'"
1211'197
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{ZIP Cod..,f
(Print r;jlt N;iln;el
tNo. Street'j
NeW BUYER: _'" g7rINOER. DE1U,E J.. tOT '7 BIG SPRING '<MACE. NE',J'iULE, fA 17Z41
(print Full NG",,,' (No. Street) (Cltvl
SELLER: MIA
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(ZIP C.,"'d;i
(Oeaisr'$ NSIT'.eJ (Nc>. Strl/Jl!rl (C'tVl {Stared i:tl~ Code!
GREEN 1"RLE coNS(JM:ER DISCOrnl"I' CO.
,ASSIGNEE: __~(,J5 "BlW?10RD RD. JH,DG rH.sU'ITE 21:10, '~[F;X70F,~ PA. i'.>O'ilO
JNome at Flnenci.llnstltution) (No. SUtet) !Cilyl I.St.teJ (ZIP C()d~)
The following di$cl05ures are being furnished to you to compl>r with tho federal Truth.ln.lend,ng Act and to supplement
those dfscrosuras contafneo in the Conuac1: being assumed.
.
ANNU
PERCE
RATE
(The c~t
YlJollrly rst
12,
My pay
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SECURI
FILING/R
LATE C
i of the p
PRl;;PAY
ASSUMP
Contract
Sea the
in full be
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FEDERAL TRUTH.IN.LENDING ACT DISCLOSURES
or my cl'cdll as .
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FINANCE
CHARGE
{Th~ dollM "mount the
cr.dlr: wrll cosr m<1,)
Amount
Financed'
trh. smoun
ld.d tQ O1e
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Total of Total Sale Price I
Payments (Th. tot.,l cost of my put-
. ITh I 'Il 'd .h." on .,.dlt. ,"oludlng ..
t of cr~drt pro. 6 amount WI h.W" pal my down p:ayment of '
1;)( ":'0 r'llY b'!h.}If.1 after I have m4d. all I
Dilymunf$ 8$ schedul~d ,J
I $ - z'.8, 07 i
$ 15",.65 $ 1~480." ..~
At
NTAGE
15'000 % $. :5144..0'3 $ 10nss .62
mem schedule for the assumed obligation wIIi be:
lumber of Payments Amount of Payments
:z LSJ .~)
When Payments Are Due
Monthly bag inning
j /1>/..
~.l. nil 1 pa,yme nt
183.13'
11115/0.
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TV: I am'glYi~g a Secur1ty'Tiiterest in the goods or"prope,-ry being purChased,
ETITI.ING FEES: $ 11.50
HARGE; [f a payment is more than_._~days ,ate, 1 will be charged $ _.-=_ '''_.
ayment, whichever is
.00
%
MENT: _
TION: Someone buying my home may. subject to condItIOns, be allowed to ~ssume the remainder of th.
on the original terms,
Contract document for arw additionai informatlon abolJt nonpayment. default. any required repayment
tore the 5ched~led date, and prepayment refunds and penalti.s.
-
The Annual Percentage Rate shown above represents tile ,otal cast oi credit (expressed 8$ an annual ratel applicable
to this assumption transaction. The Total of Payments <lnd the. Payment SGheduia s.hown .;!bove .ere b3sed upon the
remalnina obHoation owed IJnder the Con r Ct as modified herein.
. - RAN R OF E l Y A A. 5.1)N1PTlON AGFl1:EMENT._..___
"Manufactured Home" means both the manufactured home and othar property described below, "Contract" means the
original contracl cOVertng the initial sale of the Manufactured Hom" "I" and "",y" means the New Buyers, .You" m€ans
the A.signe., "Manufactured Home Seller" means the present aw""r oi the Manufactured Hume_ "Seller" means the
,etail de-aler who originally sold the Manufactured Home,
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Menut;iC.
tunrd Homo
i 978 fl.!t!WOOD tNT~IU'R IS/;
PAYL1A8072Z0816
14 X 66
Orh~(
PropertY
_' STOVE _ REFRV
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G'r;jS-OO.C2.i (8/91) [Pllg~ 1 of 3)
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EXHIBIT "A"
Security Agreement
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,. NATURE OF AGREEMENT; Tnls,~ an agr.emel"lt 'mo~lJ (he Manufacrurea "orne Seller, th.. Now Buysraand the
Assignee covering the safe or the Manufactured Home to, ,and Assumption of the Contract by, the New uyer,
.
.;:, TRANSFER OF eaUITY: The Manufactured Home Seller hereby sells <111 of his/her equity, right, title and interest
in the Manufactured Home to the New 13uyer, subject to the s.';unty interest in favor of (he Assignee. The parties
agree to execute any application for certificate of title or ownersnio, final"lcing statement or other instrument
necessary to perfect Assignee's security interest in (he Manufactured Home,
3. ASSUMPTION OF CONTRACT: The New Buyer hereby assumes and promises to pay the amounts owing under
the Contract, as modified herei~, and agrees to be bound by and to periorm all oll,er obligations under the
Contract, th~ terms and conditions of which are hereby mad~ J part hereof and otherwise expressly incorporated
herein by referenoe. Accordingly, J. of the date of this Agreement, Ihe New Buyer promises to pay 10 the
Assignee $_.~ _'___ (the "PrinCIpal Balance"), plus accrued interest, until paid in full
by making the "Total Of Payments" In accordance with the "Pi1:vment Schedule" or"t oa~e 1 of this Agreement.
4. LOAN MODIFICAT10N: The Manufactured Home Seller hereby "groes to modify the Contract as set forth below.
The New Buyer hereby agrees to assume the remamder of the Contract on I(S original terms, except as modified
below;
-4 4.1 No modifications to the Contracl.
4,2 Interest Rate. Elfectlve as of the date of this Agreement, the Manufactured Home Seller and the
AS3igne19 agr'lEl that the interest rate found in the COntraCT is herebv modified ftom the original rate of
_ % per annum to the new fate of __._____ ':rQ per annum,
4,3 Wm ;;xtension, The monthly If\stallment(sl of principal and mterest due under the Contract for the
month(slof___... , I9_1fl the <Jggregate "mount of $
shell b~ deferred to the end of the Contract term and, accordingly, the maturity date of tMe obligation
shell be extended oy th$ number of months that payments have been deferred. The parties acknowledge
and agree that past~due Insurance premIums relating to the Manufar:tured Horns, if any, may nor be
deferred and must be paid current as of the date of this assumption transaction.
._ 4.4 ~st Accrual Method. Effective as of the date of this f,greement, the Manufactured Home Seiler and
the ASSignee agree that the method of calculating accrued interest 13 hereby modified and otherwise
changed from the simple interest method to the precomputed methOd, Accordingly, the 'Simple Interest"
clause found on page :2 of the Contract shall be deleteo in its entirety. and the. Prepayment' clause
found on page 2 of the Contract shail be modIfied to include the following additional language: "if I
prepay this Comract in full, you will give me a refund of part of the Finance Charoe, Any prepaid finance
charge will not be included in calculating such refund. The refund will be calculated using the actuarial
m.thod. except that you will assume that I made ail payments on the scheduled due dates. I will not
get a refune! if the amount IS less than $1,\)0."
Except as modified herem, all of the terms and condil1OM of the Contract shall remain in full force and effecL
5. RELEASE: (ASSignee chooses onei
NO RELEASE FROM LIABILITY: THE ,VIANUFACTURE1J HOME SELLER AGREES THAT HEiSHE WILL REMAiN
OBLlGA TED UNDER THE CONTRACT. The liability of (he Manufactured Home Seller will not be affected by any
extenSion, renewal. 3lJbsequent modification or subsequent transfer (to which tne Manufactured Home Seller
hereby consents) of the Contract bv me New Buyer ro another oarty, or other change in 'the terms of the
Contract, The ManlJfactufed Home SeJJer does not have ~;) receive not:ce from the New Suyer at nonpayment (lr
nonperformance of the Contract.
I
-4:- MH SELLER RELEASED: THE MANUFACTURED HOME ';tLL:~I' IS HERES"EI.E,6:=" C ,'NO FORE oR OIS,
CHARGED FROM ANY AND ALL LIA81l1TY OR 08l1GA liON UNDER THE CONTRACT P8QVIDED THA r ";',11)
RELEASE SHALL NOT SE EFFECTIVE UNLESS AND UNTIL I'Ll Pi,RTIES TO THiS AGREEMENT HAVE SIGNED
AS SET FORTH BELOW, Aceordingly. the Manufaetur.d Home Seller hereby ack~owleoges and agrees tnat
he/she shall be immediately taken off of any applicable certificate at title relating to the Manufactured Hom~,
GT41a.oo.Q2.1 lS/S1) (p.ae 2. ~r Jl
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6, The New Buyer agrees, ay the Assignee $
8S a bona fide and reasonable fee for preparing and processing this transaction,
,7. FILING/RETITLING FEES AND TAXES: The New Party agrees to pay for any fees charged by public officials to,
among other things, retitle the Manufactured Home and further agrees to pay the sales tax, if any, or any other
tax imposed by a governmental body relating to this assumption transaction,
8. INSURANCE:
A. Credit Insurance: Any credit life and/or credit disability insurance included In the Contract will be, at the
option Of the insurance company:
_ transferred to the New Buyer
-....L. cancelled
(Contirluation of any credit insurance is NOT required lor approval Of the transfer and assumption. I
8. Property Insurance: Any property insurance included in the Contract will be, at the option of the
~"f.ance company:
transferred to the New Buyer
_ cancelled
9. COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall
constitute an original, and all of which taken together Shall constitute one agreement.
10. ARBITRATION: AI! disputes, claims or controversies arising from or relating to this Agreement or the
parties thereto shall be resolved by binding arbitration by one arbitrator selected by you with my COl1sent,
This Agreement is made pursuant to a transaction in interstate commerce and shall be governed by the
Federal Arbitration Act at 9 U.S,C, Section 1, Judgment upon the award rendered may be entered in any
court having juri.diction. The parries agree and understand that they choose arbitration instesd Of Iltigation
to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes In court,
but that they prefer to resolve their disputes through arbitration, except as provided herein, THE PARTIES
VOLUNTARILY AND KNOWINGLY WAIVe ANY RIGHT THEY HAve TO A JURY TRIAL. EITHER PURSUANT
TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY YOU IAS PROVIDED
HEREIN.) The parties agree and understand that all disputss arising under case law, statutory law and all
other laws including, but not limited to, all contract, tort and propertydisDutes will be subject to binding
arbitration in accord with this Agreement, The parties agree that the arbitrator shall have all powers
provided by law, by the Agreement and the agreement of the parties. These Dowers shall include all legal
and eQuitable remedies inclUding, but not limited to, mone'l damages, declaratory relief and injunctive relief.
Notwithstan(fing anything hereunto the contrary, you retain an option to use judicial (filing a lawsuitl or
non-judicial relief to enforce a security agreement relating to the Manufactured Home secured in a trans,
action underlying this arbitration agreement, to enforce the monetary Obligation secured by the Manu.
fac1ured Home or to foreclose on the ManlJfactured Home, The ,nstitution and maintenance of a lawsuit to
foreclose upon any collateral. to obtain a monetary jvdgment or enforce the securitY agreement shall not
, Coiistitule'awaiverof-the-right of any partY to compel arbitration regerdingany other disp_ute or remedy
subject to arbitration in this Agreement; inCiuding the filing of a counterclaim in a suit brought b'yyou '
pursuant to this provision.
BOTH THE MANUFACTURED HOME SELLER AND THE NEW BUYER ACKNOWLEDGE RECEIPT OF A COMPLETED
COpy OF THIS AGREEMENT AND OF THE ORIGINAL CONTRACT,
CAUTION .IT IS IMPORTANT THAT YOU THOROUGHLY REA'\J-THIS AGREEMENTBE~ORE YOU SIGN IT.
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/ (New Buyer) f
DENISE J. oTTINGER
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!Mal"lufect\u..Od Ho~'S611erl
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(New BU'/en
CONSENT BY, AND AGREEMENT OF, ASSIGNEE:
The abovr--' "'rtlnsfer of equit'l and assumption is
approved and agreed to,
By: X
Its:
COpy OF ORIG/NAL CONTRACT /S ATTACHED HERE-rO,
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EXHIBIT "B"
Certificate of Title
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PENNSYLVANII\
FHA'V A - 45 DAYS
CONV . 45 DAYS
GRE.REE
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Denise J, Ettinger
77 Big Spring Terraoe
Newviile PA 17241.9109
Date 01 Notice
09;01/99
Green Tree Consumer Discount Co.
Stonewood Commons ill
105 Bradford Rd Suite 200
We"10rd. PA 15090
800-245-1340
Certified Maii Z 910 236 233
Acoount No.:'73317457
Briel identification 01
credit transaction:
Manufactured home toan
Forty-five (45) days from the date Of this Notice (as desoribsd b.low) is the LAST DATE FOR PAYMENT.
$
221.41
is the AMOUNT NOW DUE.
You are in DEFAULT on this credit transaction. If you pay the AMOUNT NOW DUE (above) (plus all amounts coming due
during the cure period) by the LAST DATE FOR PAYMENT (above). you may continue with the contract as though you were
not lale,
At the expiration of thirty (30) days from the date 01 this notice we can take action to repossess your Manufactured Home,
Upon repossession and sending ot.a notioe of private sale you Will have fiheen (15) days remaining to pay the amount then
due. You may also cure your default by contacting. within the time allowed, the Green Tree Financial Servicing Corporation,
("Green Tree") representative staled below to re~uest a modification agreement or repayment agreement from Green Tree
for repayment of the alleged default. You must complete any modification or repayment agreement allowed by Green Tree
to cure this default. If you fail to cure your default by taking the steps listed above within the cure period described above.
then as of October I 1999 , \h6 maturity of this contract is automatically accelerated and full
payment of all amounts due in the amount of $ 9 408.87 , shall be due and payabie (including the
-- remaining unpaid principal balance plus---earned- interest--"to such 'date)- without --any further' notice ,from us. Additional
exp~ns.s accrued after the date of this notice shall also be due and payabie, It this default is nol cured, Green Tree Will
report the defaulted loan to the appropriate credit reporting agency.
IF THiS LOAN IS FHA INSURED. IT IS INSURED AGAINST NONPAYMENT BY THE FEDERAL GOVERNMENT. IF YOU DO
NOT REPAY THE LOAN AS AG~EED. WE MAY ASSIGN THE DEBT TO THE U,S, DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) FOR COLLECTION, FAILUf1E TO PAY THE DEBT IN ACCO~DANCE WITH THE TERMS
SET BY HUD MAY RESULT IN ANY OR ALL OF tHE FOLLOWING ACTIONS:
. SEIZING YOU~ FEDERAL INCOME TAX REFUNDS,
_ GA~NISHMENT OF yOUR WAGES iF YOU ARE A FEDERAL EMPLOYEE,
- REFERRING THE OEBT TO THE U,S, DEPAf:lTMEln OF JUSTICE FOR COLLECTION
If your loan is FHA insured and you are unable to cure the def3ult due 10 an involuntary loss of employmeot or other reason,
counseling assistance may be a',Jailable to you from certain a'd~nci8s ihat al'6 HUO'apprQ'Jed mortgage counseling agenciss.
You may contact us to get the name of the mortgage counoeli,..g agency 1I1a; IS closest to you.
If you are late more thao threQ (3) times in any calendar year in making your payments. we may exercise our rights without
sending you any other Notice(s) like this one. If you abandon the hon18 or voluntanly surrender it in the future we are not
reqvh'~d to send a Notice of Default to "...." If ',11"\" h",,,,,,,, .~....u ..."...",~i........... M~--U-''''nta or ~ePhon9 us a~rlddrass giv~n
above, !'11 / GT.46-XX.026 (7/95)
EXHIBIT C
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-00450 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CONSECO FINANCE CONSUMER DISC
VS
ETTINGER DENISE J
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
ETTINGER DENISE J
the
DEFENDANT
, at 0016:15 HOURS, on the 28th day of January
at 77 BIG SPRING TERRACE
2000
NEWVILLE, PA 17241
by handing to
DENISE ETTINGER
a true and attested copy of COMPLAINT - REPLEVIN
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
7.44
.00
10.00
.00
35.44
rJ!lJ? -.~~~,~
R. Thomas Kline
02/01/2000
ERIN P. DYER
Sworn and Subscribed to before
By:
~
Dry S .ed f !
me this J it::!::: day of
du.b" "'"I Q67r0 A.D.
q'f.-Q~~'
rothonotary ,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Conseco Finance Consumer
Discount Company,
Plaintiff,
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)
No. 2000 - 450 Civil Term
CIVIL DIVISION
v.
Denise J. Ettinger,
Defendant.
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendant.
Respectfully submitted,
~X:-~
Erin P. Dyer, Esquire .
PA ID Number: 52748
Attorney for Conseco
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\Green Tree\Ettinger, Denise J\Praecipe to Discontinue.wpd
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