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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount CIVIL DIVISION /?
Company, No. C? 9 - 6 9s3 ex?
Plaintiff, Complaint in Civil Action - Replevin
V.
Filed on behalf of:
Green Tree Consumer Discount
Company
Counsel of Record for this Party:
Kay A. Warner,
Erin P. Dyer, Esquire
PA ID Number: 52748
Defendant. 2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
LIGreen TreelWarner, Kay%CMrep.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
V.
Kay A. Warner,
Defendant.
CIVIL DIVISION
No.
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.
Court Administrator
Cumberland County Courthouse
4" Floor
Carlisle, PA 17013
(717)240.6200
L1Green Tree0amer, Kay%Wrep.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount )
Company, )
Plaintiff, )
V. )
Kay A. Warner, )
Defendant.
CIVIL DIVISION
No. 99. O Y3 et?el 7-&.
COMPLAINT
COUNT I - REPLEVIN
AND NOW comes Green Tree Consumer Discount Company, 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, 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, PA 15090.
2. Kay A. Warner, hereinafter referred to as "Defendant," is an individual whose
last known address is 120 Tower Circle, North View Manor, Lot 28, Carlisle, Pennsylvania
17013.
LAGreen TreeMarner. Kay%Wrep.wpd
3. On or about October 31, 1989, Defendant purchased a 1986 Champion
Atlantic Manufactured Home, Serial Number 7435, (the "Mobile Home"), from Fred A. Grity
& Associates, (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 Plaintiff, Green Tree.
Green Tree 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. Plaintiff avers that the approximate retail value of said Mobile Home is
$17,000.00 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 of the Security Agreement by failing to
make payments when due. As of October 16, 1999, the Defendant's payments of interest
and principal were in arrears in the amount of $1,066.06. Pursuant to the Acceleration
Clause in the Security Agreement the amount outstanding as of October 16, 1999, is
$15,942.85.
7. Plaintiff provided Defendantwith 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. Defendant failed to cure the default or return the Mobile Home upon Plaintiffs
demand.
LAGreen TreelWemer, KeylWrep wpd
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.
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 Green Tree Consumer Discount Company was
required to retain an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of interalia, 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.
L.%Green TreelWarner, KaylCMrep.wpd
COUNTII-DAMAGES
By way of separate and alternative pleading, Plaintiff, Green Tree 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 I.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests:
a) judgment against Defendant in the amount of $15,942.85 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. by?ir??? -?
..
PA ID Number: 52748
Attorney for Green Tree Consumer Discount
Company
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
LAGreen TreelWarner, Kay1CMrep.wpd
Carol A. Gosser. Collection 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 authonties
that the facts set forth In the foregoing Complaint are true and correct to the best of
her knowledge. Information and belief.
Carol A. Gosser
Collection Manager
Green Tree Consumer Discount Company
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40TICE TO BUYER. 1.00 NOT SIGN THIS CONTRACT IN BLANK... YOU ARE ENTPtED :11
EXACT COPY OF THE CONTRACT YOU SIGN KEEP IT TO PROTECT '.OUR LE•7.1, •1I:1,1I %
ABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPER, s :)ALIAGE C "I.: Lt. - J
GTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY I%%RA:ICE une ACr' :•E.
BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CC%I RACT
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GREEN TREE CONS ,'111••1,.
DISCOUNT CO
PO BOX 18306
PITTSBURGH'PA 15236
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EXHIBIT B
PEN'11SYLWVi11A
G RE(JIR_?r ,FLEE
Kay A. Warner
120 To'.ver Circle
Carlisle PA 17013.9628
FHAVA • 45 DAYS
cOw/ IS JAN'S
.
i 1JOTICE DEFAULT
AND
AND
RIGHT TO CURE DEFAULT
: rpcf' area 7t 1409
3rssn Tic; Ccrsurlpr Dlstwn! Co
SIC nr:•C:0 C- mmCrS III
103 HracActd Rd Suite 200
Wcxfo,d PA 15790
603245.1340
Cena,adr•fat Z 910 191 271
Account No.. 73308319
Brief identification of
credit transaction: Manufactured home loan
Forty-five (45) day! hcm the date of this NOSCe (as deSCrted burro 1 in'. LAST DATE FOR PAYMENT
$ 724 04 is the AMOUNT NOW DUE
You are in DEFAULT on this credd transaction If you nay !ha Ai'NOV; DUE labocol (plus all amounts coming duo
during the Cure period) by the LAST DATE FOR PAYMENT foiw 4: ctntmua '•:r;h Ihr contract es though you v.ero
not late.
At the eypiratton of thirty (30) days from the date of Inis notice ti ^.ar !.1:4 aclon to ti C'ossess your Manufactured Horne
Upon repossossAn and sending of a notice of private sate you :^ II ha-.,: '?; aen 115) days r.ma,nmg to pay the amount Inen
due. You may also cure your default by contacting. with r lr;e time arc.,. rG, the Green Tree Financial Servicing Corporation.
("Green Tree") representative stated 0ecw to teauest a mcdi'icau:n C;t±;ml,n C. retuymcnl agreement from Green Tieo
for repayment of the alleged default. You must Co-nph:It any r :fit r;, (,i tacayme?a a)teement alloyed by Green Treo
to Cure this cefault. If you fall to cure your 06faull by 1;1: ng Iltc, ;I_•cc !.: t.U atwve y:i%in IhC Cilia Period describod above.
than as of May 14 1999 the malwily n collracl is au!o'na;'Cully accelerated and lu.1
payment of all amounts due in the amount of $ It, F46 n4sna'! Ea due and payato's (including the
remaining unpaid punclpal balance plus earned inte'eSt to such c; Ui. '.unrnd any lu•thar notice from us Additional
expenses accrued Cher the date of this nOI,CO shall 1113'7 ce Oise 11; 04 rd;le If this default is not cured, Green Tree vd!I
report the defaulted loan to the appropriate credit repotting agenty
IF THIS LOAN IS FHA INSURED. IT IS INSURED AGAINST NONPAY AV,T B'. THE FEDERAL GOVERNMENT. IF YOU DO
NOT REPAY THE LOAN AS AGREED WE MAY ASSIGN THE ri r (t) THE US DEPARTMENT OF HOUSING Arlo
URBAN DEVELOPMENT (HUD) FOR COLLECTION. FAILURE TO PAY THE CEDT IN ACCORDANCE WITH THE TERMS
SET BY HUD MAY RESULT IN ANY OR ALL OF THE FOLUT,ti9t1G d: 71r 113
- SEIZING YOUR FEDERAL INCOI. E TAX REFUNDS
• GARNISHMENT OF YOUR WAGES IF y7U APE .N tL E'!PLOYF.E
• REFERRING THE DEBT TO THE U S J=: AR TI.MEII I ?- USIICE FOH COLLECTION
If your loan is FHA insured and you are urab!e to cure'.hii ,O.,jil C t; '. - r.?rurtl,V c,; CI am:,lcyment cr other teaser
Counseling assistance may be ava.laole to you Ircm certagn aoPii .. *,wl a•o H'1D•acCro:a; mortgage couns6ting agoncioc.
You may Contact US to get the name O! the mortgage co Jn;^!mn !l,:;I is C,)Sett to ya',,.
II you are late more than tines (3) times in any ca!enda' ii l' ,0 'n rot •.n y' n;,lrc erlS. •.e ma',' 9i(erciSe our lights w t?OU
sending you any Otte, Notice(s) like this one it you aoondon jl?., L'n '. i. a'.n!anly '.U,endyr it in trio rutute ire ale not
required to send a No!ice of Default to you. 11 you haao a•ry a w:Is •^,'fit above.
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EXHIBIT C
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GREEN TREE CONSUMER ; IN THE COURT OF COMMON PLEAS OF
DISCOUNT COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
KAY A. WARNER,
Defendant
NO. 99-6453 CIVIL
CIVIL ACTION - LAW-REPLEVIN
DEFENDANT'S ANSWER
WITH NEW MATTER
ANSWER
AND NOW COMES, the Defendant, Kay A. Warner, Defendant in the above-
captioned action, by her attorney, Robert L. O'Brien, Esquire, O'Brien, Baric & Scherer
and answers as follows:
1) - 4) Admitted.
5) After reasonable investigation, the Defendant is without knowledge or
information sufficient as to the truth of the averment.
6) Defendant admits that she has been late in sending the scheduled
payments. The confusion of the amount due was caused by the Plaintiff. Attached
hereto, marked as Exhibits A, B, C & D and incorporated herein, are communications
from the Plaintiff dated August 9, August 31, September 24 and September 28, 1999.
The August 9, 1999 letter requested a "monthly" payment and the August 31, 1999
letter acknowledges the receipt of $362.02. That same letter requests another
unstated amount. In response and within 30 days, the Defendant sent $640.68.
Accordingly, from the request of the August 9, 1999 letter, the Defendant paid the
Plaintiff $1,002,70. The payments for July 5, 1999, August 5, 1999 and September 5,
1999, if the August 9, 1999 letter is correct, would indicate that the amount due was
$1,086.06, leaving a shortfall of $83.90. How the Plaintiff, in the September 24, 1999
letter, increases that amount to $812.94 ($1,086.06 - $640.68) is very confusing,
7) Admitted
8) The Defendant incorporates her response to Paragraph 6 and stales that
the conflicting information provided by the Plaintiff made it impossible for her to know
what actual amount was necessary to cure the default.
9) Defendant denies that Plaintiff is entitled to possession of the mobile
home due to its failure to adequately inform the Defendant of what was necessary to
cure the default.
10) In the Complaint received by the Defendant, Exhibit A is illegible and
accordingly, the Defendant is without knowledge or information sufficient to form a
belief as to the truth of the averment. Additionally, the Defendant again states that she
would have cured the default if she knew what the correct amount was.
11) Admitted.
WHEREFORE, Defendant requests judgment in her favor and against the
Plaintiff.
NEW MATTER
AND NOW COMES, the Defendant, Kay A. Warner, Defendant in the above-
captioned action, by her attorney, Robert L. O'Brien, Esquire, O'Brien, Baric & Scherer
and avers as follows:
12) Defendant avers that the Plaintiff should be estopped from proceeding
due to its failure to adequately inform the Defendant which resulted in the impossibility
of performance due to the conflicting amounts demanded.
WHEREFORE, Defendant requests judgment in her favor and against the
Plaintiff.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Robert L. O'Brien, Esquire
Attorney for Defendant
I.D. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
robrien@obslaw.com
VERIFICATION
I verify that statements made in the foregoing Answer and New Matter are true
and correct. I understand that false statements herein are made subject to the
penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities.
Kay A. Warner
GRE ,*d, REE
August 9, 1999
KAY A. WARNER
120 TOWER CIRCLE
CARLISLE PA 17013
Account Numbers 73308319
Date Dues 08/05/99
Date Dues 07/05199
Amount Dues 362.02
Amount Due: 362.02
Dear Kay A. Warner:
Our records indicate that you have not made your monthly payment.
It is critical that you make this payment immediately in order to protect
your credit record.
If you have a question you may contact me at the number below.
Please immediately submit your payment in the enclosed envelope.
Sincerely,
DAVID GRUNDY
GREEN TREE CONSUMER DISCOUNT COMPANY
105 BRADFORD RD, BLDG III,SUITE 200
WEXFORD, PA, 15090
Telephone: (800)245-1340
Toll Free: (800)245-1340
Monthly Payment Due
Exhibit "A"
GREET- REE
?
August 31, 1999
KAY A. WARNER
120 TOWER CIRCLE
CARLISLE PA 17013
Account Number: 73308319
RE: Notice of Receipt of Partial Payment
Dear Kay A. Warner:
Your payment of $362.02, was received in our office on 08/30/99.
Please be advised your account is still delinquent in the amount of
$362.02. We have started to take the necessary steps required by law
to gain possession of our collateral.
We have already sent you a "Notice of Default and Right to Cure Default
Notice" advising you of the amount of default. That Notice is still in
effect, and we will proceed as outlined in the Notice unless we receive
$362.02 before the date set forth in the Notice.
OUR ACCEPTANCE OF PARTIAL PAYMENT(S) DOES NOT WAIVE OUR RIGHTS OR REMEDIES
under the "Retail Installment Contract and Security Agreement" or
"Promissory Note and Security Agreement", or as otherwise provided by law.
If you have any questions relating to this matter, please contact me at
(800)245-1340.
Sincerely,
GREEN TREE CONSUMER DISCOUNT COMPANY
David Grundy
Account Representative
COLTR001
Exhibit "B"
GREl1 REE
September 24, 1999
KAY A. WARNER
120 TOWER CIRCLE
CARLISLE PA 17013
Account Number: 73308319
Date Due: 09/05/99
Date Due: 08/05/99
Date Due: 07/05/99
Date Due: 06/05/99
Amount Due: 367.02
Amount Due: 362.02
Amount Due: 362.02
Amount Due: 278.66
Dear Kay A. Warner:
Your loan has been referred to me for legal action. At this time your
payments are delinquent in the above-referenced amount.
You have not cured your default. You have not called.
This letter is to inform you that unless we receive the $1.369.72 within ten
(10) days of the date of this letter, we will take whatever legal action,is
necessary to protect our interests. If you are unable to make this payment,
you MUST contact me at (800)245-1340 in order to make arrangements for payment
of the past due amount.
The extent of our action will be determined by your willingness to cooperate.
Sincerely,
GREEN TREE CONSUMER DISCOUNT COMPANY
105 BRADFORD RD, BLDG III,SUITE 200
WEXFORD, PA, 15090
Telephone: (800)245-1340
Toil Free: (800)245-1340
By:
Legal Action
Exhibit "C"
GRE9%.!V REE
September 28, 1999
KAY A. WARNER
120 TOWER CIRCLE
CARLISLE PA 17013
Account Number: 73308319
RE: Notice of Receipt of Partial Payment
Dear Kay A. Warner:
Your payment of $640.68, was received in our office on 09127199.
Please be advised your account is still delinquent in the amount of
$729.04. We have started to take the necessary steps required by law
to gain possession of our collateral.
We have already sent you a "Notice of Default and Right to Cure Default
Notice" advising you of the amount of default. That Notice is still in
affect, and we will proceed as outlined in the Notice unless we receive
$729.04 before the date set forth in the Notice.
OUR ACCEPTANCE OF PARTIAL PAYMENT(S) DOES NOT WAIVE OUR RIGHTS OR REMEDIES
under the "Retail Installment Contract and Security Agreement" or
"Promissory Note and Security Agreement", or as otherwise p.ovided by law,
If you have any questions relating to this matter, please contact me at
(800)245-1340.
Sincerely,
GREEN TREE CONSUMER DISCOUNT COMPANY
David Grundy
Account Representative
COLTRO01
Exhibit "D"
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06453 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS.
WARNER KAY A
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - REPLEVIN was served
upon WARNER KAY A the
defendant, at 18:37 HOURS, on the 27th day of October
1999 at 120 TOWER CIRCLE NORTH VIEW MANOR LOT 28
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to TODD WARNER (SON)
a true and attested copy of the COMPLAINT - REPLEVIN
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00i7'eC?
Service 3.10
Affidavit .00
Surcharge 8.00 A. InQMdU
ZDnerILL
$Z9Z0-10zz/29%1999ER
by
UUJjUUy 11
Sworn and subscribed to before me
this tr? day of
19 _9 A.D. p4?E
1210911999 15:56 4124229095
ERIN P DYER EMIRE
i
PAX 03
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
V.
Kay A. Warner,
Defendant.
CIVIL DIVISION
No 99-8453 Civil
Settlement Agreement
With Entry of Judgment
Filed on behalf of
Green Tree Consumer Discount
Company
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number; 52748
Attorney for Green Tree
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Nom....,
12/09/1999 15:56 4124229095 ERIN P DYER ESWIRE °A3E 04
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
V.
Kay A. Warner,
Dofondont.
CIVIL DIVISION
No, 99.6453 Civil
SETTLEMENT AGREEMENT WITH ENTRY OF JUDGMENT
WHEREAS, on or about Ocotber 31, 1888 Kay A. Warner (the "Defendant')
purchased a certain mobile home described as 1986 Champion Atlantic Manufactured
Home, Serial number7435 (the "Mobile Home"); and executed a retail Installment contract
and security agreement;
WHEREAS, Green Tree Consumer Discount Company (the "Plaintiff) financed the
purchase of the Mobile Home for the Defendant and perfected a purchase money security
Interest in the Mobile Home;
WHEREAS, The Defendant defaulted on the retail installment contract and the
Plaintiff filed a Complaint In Replevin which has resulted In service on Defendant;
WHEREAS, the parties have reached an agreement regarding the cure of the
outstanding arrear8g05.
2
12/09/1999 15:56 4124229095 ERIN P DYER ES]JIRE PAGE 05
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1 The Defendant admits the allegations contained in the Complaint in Replevin
filed against her at 99.6453 Civil in the Cumberland County Court of Common Pleas.
2. The Plaintiff has the unconditional right to possession of the Mobile Home.
3. The parties agree thatthis Settlement Agreement with Entryof Judgment (the
"Settlement Agreement") shall not supersede the terms of the Retail Installment Contract
entered Into by the partles and shall only apply to the cure of the installment arrearages
4. The Defendant agrees to the entry of judgment for possession of the Mobile
Home.
5. As long as the payment schedule below is complied with and the Defendant
remains current on her monthly payments thereafter, the Plaintiff agrees to.
(1) Refrain from executing on the judgment and Issuing Writ
of Possession to obtain possession of the Mobile Home;
(2) Delay its right to demand payment for monthly
installment arrearages due:
(3) Delay its right to demand payment for fees and costs to
bring this action: and
(4) Delay Its right to acdolorato the balance due.
6. It shall be the Defendant's responsibility to ensure that payments are received
by Plaintiff in a timely manner. Defendant may contact Plaintiff by telephone to verify
receipt and proper posting of payments.
3
12/09/1999 15:56
7
4124229095 ERIN P DrR MARE SAGE 06
Defendant acknowledges that if Plaintiff executes on its Judgment for
Possession, that the Plaintiff intends to re-sail the Mobile Home and bring a cause of action
for any deficiency. attorney's fees and costs, Including costs of sale.
8. The parties hereto agree to the following payment schedule and terms:
Paymen
December 3, 1999 $389.72
December 17, 1999 $367.02
Western Union Quick Collect on
or before December 31, 1999 or
post dated check to be
deposited on December 31,
1999 $362.02
January 14, 2000 $337.02
January 28, 2000 $362.02
February 11, 2000 $359.72'
February 25, 2000 $369.72
Thereafter the Defendant shall make regular monthly installment payments pursuant to the
terms of the Retail Installment Contract beginning on March 5, 2000 and continuing on the
5'" day of each month thereafter until all principal, interest, late charges and other charges
are paid in full.
9. This Settlement Agreement is subject to the further express condition that at
no time shall Defendant be obligated or required to pay Interest on the principal balance
due pursuant to the contract (or the judgment contemplated herein) at a rate which could
subject the Plaintiff to civil liability as a result of being in excess of the maximum rate which
'$324.62 (installment note payment) plus $32.70 (current monthly Insurance),= $369.72
4
1
12/e9/1999 15:56 4124229095 ERN ? DrER ES]UIRE 043E 07
Defendant Is permitted by law to contract or agree to pay. If by the terms of this Settlement
Agreement, Defendant is at anytime required or obligated to pay interest on the principal
balance of the contract (or the judgment) at a rate In excess of such maximum rate, the
rate of interest under the contract (or the judgment) shall be deemed to be immediately
reduced to such maximum rate and the portion of all prior interest payments in excess of
such maximum rate shall be applied and shall have deemed to have been payments in
reduction of the principal balance pursuant to the contract (or the judgment).
10. Time Is of the essence of this Settlement Agreement and should Defendant
-Kme-ti (30) ?PI-V
fall to have in the hands of Plaintiff any payment in full within tart (Wcalender days of the
stated due date, the Plaintiff shall be immediately free to issue a Writ of Possession and
pursue all of its remedies in law or in equity to,oblain possession as well as collect any
deficiency, attomey's fees and costs, including costs of sale
If. No act or omission of the Plaintiff: nor of anyone alleged to be acting on its
behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any
duty undertaken by the Defendant in this Settlement Agreement, which the parties agree
is final and complete.
12. By entering Into this Settlement Agreement, Plaintiff does not waive its right
to attomey's fees and costs incurred prior to the execution of this document and as
previously provided for In the original contract between Plaintiff and Defendant. Such
attorney's fees and costs incurred to date shall be added to the principal balance of the
installment payment agreement.
13. The Court shall retain jurisdiction to enforce the terms of this Settlement
Agreement.
5
12/09/1999 15:56 4124229095 ERIN a DYEQ E-DARE -AGE 08
IN WITNESS WHEREOF. We have hereunto set our hands and seats this
day of 1ggg.
Robert L. O'Brien
Attorney for Kay Warner
O'Brien, Baric & Scherer
17 West South Street
Carlisle
By:
Erin P. Dyer, equve
Attorney for Green Tree
PA ID Number: 52748
2021 Murray Avenue, Suite 8
Pittsburgh, PA 15217
(412) 422-8975
6
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