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HomeMy WebLinkAbout07-5098 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, as Agent and Servicer for Conseco Bank, Inc., CIVIL DIVISION No. Q7 - 5UQ8 C;iv~ l berm Plaintiff, v. Cazol E. Wetzel and Kenneth L. Wetzel, Defendants. TYPE OF PLEADING: Complaint in Replevin FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company, as Agent and Servicer for Conseco Bank, Inc. COUNSEL OF RECORD: Edwazd F. Voelker, Jr. PA I.D. #55414 Cynthia M. Dornish PA I.D. #59890 Edwazd O'Connell PA I.D. #55943 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION as Agent and Servicer for Conseco Bank, Inc., No. Plaintiff, v. Carol E. Wetzel and Kenneth L. Wetzel, Defendants. NOTICE Yon have been seed in wart. Ityou wish to defend against tht claims set forth in the following pages, yoe mart take action within tw~ty (20) days alter this complaint snd notice are served, by entering a writtea appearance persoaally or by attorney and ~g is with the wart year defeeses or objections to the claims set forth against you. Yea an warned that if you tail to do so the case may proceed without you and a jadgment may be entered ag~uiast yea by the coact withoat farther notice for any money claimed in the ~t or tar any other claim or relief requested by the plsintiH. Yoa may lose money or property or other rights important to yon. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE TSE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIItE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Camberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, as CIVIL DIVISION Agent and Servicer for Conseco Bank, Inc., ~ ~~ No. 6 7 - SO 9 ~' l.w~[ / tc.w- Plaintiff, v. Cazol E. Wetzel and Kenneth L. Wetzel, Defendants. COMPLAINT IN REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, as Agent and Servicer for Conseco Bank, Inc., by and through its attorneys, Edwazd F. Voelker, Jr., Esq. and Voelker & Associates, P.C., and avers the following in support of its Complaint in Replevin: 1. Cazol E. Wetzel and Kenneth L. Wetzel, hereinafter referred to as "Defendants," aze individuals whose last known address is 229 Meals Drive, Lot 229, Cazlisle, PA, 17013. 2. Green Tree Consumer Discount Company, hereinafter referred to as "Plaintiff," is a Pennsylvania corporation and is duly authorized to conduct business in the Commonwealth of Pennsylvania. 3. On or about September 21, 2001, Defendants entered into a "Note, Disclosure and Security Agreement, and Agreement to Arbitrate ," hereinafter referred to as the "Security Agreement," whereby Defendants purchased and financed from Conseco Bank, Inc. a 1991 Sklyine Sun Haven manufactured home (serial no. 50110321D) with certain furnishings, equipment, -1- appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home." A true and correct copy of the Security Agreement is marked as Exhibit "A" and is attached hereto and made a part hereof. 4. It is believed and therefore averred that the Manufactured Home is located at the residence of Defendants. 5. The Security Agreement was assigned for value to Plaintiffs predecessor-in-interest, Conseco Bank, Inc., on or about September 21, 2001, as permitted by the Security Agreement. 6. The Security Agreement was subsequently assigned for value to Plaintiffas permitted by the Security Agreement. 7. Pursuant to the Security Agreement, Defendants promised to pay the financed amount of $17,829.00. 8. As security for the loan, Defendants, by the Security Agreement, granted Plaintiffs predecessor-in-interest a security interest in the Manufactured Home. 9. Plaintiff spredecessor-in-interest perfected its security interest in the Manufactured Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a Vehicle is marked as Exhibit "B" and is attached hereto and made a part hereof. 10. Plaintiff avers that the approximate retail value of the Manufactured Home is $20,222.66. -2- 11. Defendants have defaulted under the Security Agreement by failing to make payments when due. As of August 7, 2007, the delinquent payment amount due and owing from Defendants to Plaintiff is $10,056.71. 12. As of August 7, 2007, the amount owed by Defendants to Plaintiff, not including costs, attorneys' fees and damages forthe unjust retention ofthe Manufactured Home, is $28,036.90. The interest on said amount is accruing at the daily rate of $6.94. 13. Defendants have failed to surrender the Manufactured Home upon Plaintiffs demand. 14. On July 9, 2007, Plaintiffprovidedeach Defendant with a Notice of Default, true and correct copies of the same aze mazked as Exhibits "C" and "D" and aze attached hereto and made a part: hereof. 15. Plaintiff is now entitled to immediate possession of the Manufactured Home. 16. Plaintiff is entitled to attorneys fees under the terms of the Security Agreement. WHEREFORE, Plaintiffclaims judgment for possession of the Manufactured Home or the value of such in the sum of $20,222.66, plus attorneys fees, costs, interest from August 7, 2007, and damages for the unjust retention of the Manufactured Home. -3- Respectfully submitted, VOELKER & OCIATES, P.C. Edw F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 -4- 07.10.00 202 (11ott MM-PNSA OHIO, NORTH CAROLINA, PENNSYLVANIA App (r - 05766776 MANUFACTURED HOME PROMISSORY NOTE, SECURITY ~ ~. 21t ZDO AGREEMENT AND DISCLOSURE STATEMENT (CONN. -FHA - VA) (SI) Date '~ /~ MAKER: CAROL E WBTZEL 1Y9 MBALS DRIVE LOT 229, CARLISLE, PA 17013 ' ~,~ ~ i r-}~ r 1 MAKER: ~~'H L WETZEL, aa9 MBALS DRIVE LOT 229, CARLISLE, PA 17013 `- lCI ~~ l~,C V CREDITOR: CONSECO BANK, INC. 2625 BAST COTTONWOOD PARKWAY, SUITS 230 SALT LAKE CITY, UT 84131 ACT AN AL A Amount Totd of Payments ~otal Sale Price chaa f t l t n PERCENTAGE RATE CHARGE Financed (The amaait 1 wiY nave my pw coa o ota a °A e (iM cat of mfr crad'it ~ a ITAa dolor amaaot tb ITba amount of credit preridal paid char I here made all paymaM: as achadalad.) ~ WYaf yaaly rata.j aeit will east rM.) to ma ar a my banaM.) ~ a, 600 . o0 1 14.68 ~ a 37,536.60 $ 17,829.00 $ 55,365.60 $ 57,965.60 Pa meet Schedule will be: Number of Payments Amount of Payments When Pa is Are Due a4o 230.69 Monthly beginning '~' (et<timatel . SECURfTY:1 am giving a security interest in: N/A Outer (describe): N/A ~ The manufactured home or modular home being purchased or refinanced. N/A Real property located at N/A LATE CHAR(;E: If a payment is more than to days late, I will be charged 10t of the scheduled installsient amount PREPAYMENT: If I pay off early, 1 ~ may N/A will not be charged a prepayment penalty. ~ If 1 pay off early, f will not be entitled to a refund of part of the origination fee. A88lIMPTWN: Someone buying my home ~ may subject to underwriting conditions, N/A will not be allowed to assume the remainder of my obligation on the original terms. See the Contract document below for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. "e" means an estimate. t . Amount Given To Me Directly .................. 8 2. Amounts Paid To Others On My Behalf: ..... a. Paid to Public Officials ................. ,. + S o . 00 b. Paid to Insurance Companies ................ + S o . 00 c. Paid to Appraiser ................. ........ +$ o.oo aBB ATT11CtalBNT d. Paid to + S e. Paid CO TOTAL AMOUNT FROM ATTACta41tNT + S 17, 929.00 f. Paid to + S g. Paid to + S h. Paid to + S i. Paid to + S j. Paid to + S k. Paid to + S I. Paid to + S ~ m.Paid t0 CREDITOR POR PTS/ORIG. PBB + $ 896.45 p ................ 3. Princi ai Balance (1 + 2a.-m.l S la, es5.45 4. Prepaid Finance Charges ......................... TOTAL PREPAID FINANCE CHARGES _ S 996.45 .s .$ 6. Amount Financed 13 - 41 .••.....••••••••••••••••• S 17,es9.oo • Creditor andlor its affiliates may receive commissans or other compensation from businesses to whom these cha rges are due. Phyaicd Damage fnswance is n4uired but 1 may obtain k from erryone 1 want that is acceptable to you. M 1 get the insurance checked bebw from You or through You. 1 wlg MY Y~ ! N/A for inslxanos protection for a term of N/A years. N/A Comprehensive IS N/A deductible) N/A Flood N/A Liability N/A Vendor's Single Interest N/A Other N/A Credk life and Disability Insurance are not required to obtain credit and will not be provided unless 1 sign and agree to pay thr additional cost. The term of this insurance is N/A years. N/A Single Credit Life Insurance S o.oo__ N/A Joint Credit Life Insurance $ o.o~ N/A Single Credit Disability Insurance S o . 00 Total S o . uo~, X Signature of Makerls) Insured Date B«+1.rrrt Sy~N,M, Me., $1. Cloud, MN Fwm GT•MHPNLA2-Q 1!4212001 ORIe1NAl GT• 1000.202 (l /olf~5 ~!'~ _. ~ ~ ~ Al~.'rb~ 1 nl Jl 7 7 CONTRACT AND SECURITY AGREEMENT 1. DEFINITIONS: "I," "me," or "my" means the Maker sl. "You" or "your" means the Creditor. "Manufactured Horne" means the rnarwtactured home or modular home and any property tat now or later Is attached to, is a part of, or any benefits or proceeds that arise from the manufactured home, and all suppportr obligations., "Proceeds" includes anything acquired on the sale lease, license, exchange, or other disposition of the Manufactured~lome; any rights and Claims arising out of the Manufactwed Nome; and any collectiais artd distributions on account of the Manufactwed Home. "Agreement" or "Contract" means this Promissory Note Secwity Agreement and Disclosure Statement; and a mortgage or deed of trust, if applicable. The "parties" means I, the Maker, and you, the Creditor, trrgether. NEW OR Manufactured Home USED YEAR AND MAKE MODEL SERIAL NUMBER S12E x Stove x Refrigerator x Washer x Dryer N a Air Conditioner ra r Wheels/Axles they (Describe) N/A 2. IOCATK)N: The Manufactured Home is located at the following address: aa9 teEt-t,s uttivs tar s~9. CARLISI,6. pa i~ols . The land on which the Manufactwed Home is located is owned by: ees--ta fete 3. PRO#IIISE TO PAY: To repay this loan, 1 promise to pay you U. S. $ is,szs.45 (the "Principal Balance" as shown ari page t }plus interest from the Gate of tZae aiaburaement at the ratels} of 13.75ot - - __ - per arxxxn according to the payment schedule set forth on page 1, plus other amounts as agreed and allowed by law. It is not your intention to charge any amount which is not albwed by law, but should such amount be charged inadvertently, you wilt refund it to the Ca~tract balance. The Total Sals Pdcs Is ~o.4s9. oo and my down payment is _ ~, wo.og 4. x ORII3INATION FEE: 1 also agree to pay a nonrefundable origination fee of $ s96.4s ,and it will be et/~- paid in cash. a a paid pro rata over the loan term. x withheld from the proceeds. {If this fee is withheld from the proceeds, the amow~t is included in the principal sum.} 5. LATE CHARtiE: If a payment is made more than to days after it is due, 1 agree to pay a late charge of lo. of of the scheduled installment amount 8. NSF FEE: If any instrument which 1 submit to you is returned unpaid for any reason, I wiN pay you a fee of $ ~s.oo 7. SMIIPI.E NYTEREST CONTRACT: This is a simple interest contract. Interest will accrue upon the unpaid principal baMrtce outstanding from time to time. The Finance Charge, Total of Payments erxl Payment Schedule were computed based on the assumption that payment will be made on the dates scheduled fo- payment. Early payments wiN reduce my final payment, Late payments will increase my final payment. My final payment wilt be equal to all unpaid sums due under this Agreement. My promise requires me to pay the final payment on the date due even if the amount of the final payment differs from the amount of the final payment disclosed. 8. SECURITY INTEREST: I give you a security interest under the applicable certificate of title law ar Uniform Commercial Code in the Marwfactured Home and any property added or attached to it, to secure my obligation under tMs Agreement. Unless otherwise stated in this Agreement, there are no pier liens on the Manufactured Home. 1 also grant you a security intersst in any interest 1 may have in premium refunds ar proceeds under any inswance coverirq the Manufactured Home. 1 agree to execute any appticatan for certificate of title or ownership, financing statement, or other document necessary to perfect your security interest in the Manufactwed Home. To the extent, if any, that any Agreement {whether or not accompanied by any one ar more original) constitutes chattel paper (as such temp is defined in the Unifarm Commercial Code in effect in the applicable jwisdictionl no security interest in any Agreement may be created in any documentls} other than the Original. 9. PREPAYMENT: I MAY PREPAY THIS NOTE IN PART OR IN FULL AT ANYTIME. I WILL NOT PAY A PENALTY UPON PREPAYMENT UNLESS OTHERWISE STATED IN THE NEXT SENTENCE. IF t PREPAY IN FULL WITHIN b0 MONTHS OF THE DATE OF THIS NOTE, I WILL PAY YOU A PENALTY OF 6 Months interest on the ae~tount in excess of 2I)X of the original DrinciDal awount . Partial prepayments wi8 not excuse or reduce any later scheduled payment until this note is paid in fug. 10. NO WARRANTIES: 1 agree that there are no warranties of any type cove-ing the Manufactwed Home. If 1 am purchasing the Manufactwed Home, then rt isbein~ pwchased AS IS and WITH ALL FAULTS and THE ENTNIE RISK AS TO THE UALITY AND PHtFOR1YlANCE OF THE MANUFAC'fURW HOME 14 WITH ME. 1 agree that any implied warranty of merchantability and any implied warranty of fitness for a particular purpose are specifically excluded and do not cover the Manufactwed Home. This N~o~W~arranties provrslon does not apply to the extent that any law prohibits it and it does not cover any separate w ' wsrrantie~ Bpd,a" SW1"ms. Ina., 5t. Cloud, MN Fpm GT-MHPNlAZ-2 1/$2/2001 OIaOINAI OT-10.0420Y (t ~ 2 0/ ~/ APP # ~ 05766776 11. PROTECTION OF THE MANUFACTURED HOME: I will: lal keep the Manufactured Home in good condition and not commit waste; {bl pay all taxes, charges and lot rent due for the Manufactured Home and the real estate it is located on; (c) not move, sail, lease or otherwise transfer the Manufactured Home; Id) not use the Manufactured Home for a purpose that will violate any laws or subject the Manufactured Home to forfeiture or seizure; le) not attach the Manufactured Home to any real estate and the Manufactured Home will always be treated as personal property unless you consent in writing and state law permits such contrary treatment; and If) not let anybody else have any interest in the Manufactured Home. 12. PERSONAL PROPERTY: I agree that regardless of how my Manufactured Home is attached to the real property and regardless of how your security interest in my Manufactured Home is perfected and regardless of whether an affidavit of atfixture for other similar instrument identifying the property as a fixture) has been recorded, my Manufactured Home is and shall remain personal property and is not and shall not become a fixture or part of the real property unless you consent in writing and state law permits a contrary classification. l agree to pay any and all personal property taxes assessed against my Manufactured Home and agree that failure to pay such taxes shall constitute a default under paragraph 17. 13. INSURANCE: 1 will keep the Manufactured Home insured against such risks and in such amounts as you may reasonably require with an insurance company satisfactory to you. I will arrange for you to be named as loss payee on the policy. I agree to provide you written evidence of insurance as requested by you from time to time. If you finance the purchase of any such insurance for rne, I will repay you for the cost of that insurance, plus interest up to the contract rate of interest. I authorize you to furnish account data to a licensed insurance agent of your choice so such agent may solicit the purchase of credit, property, warranty or other insurance from me. 1 agree that the insurance company may make any payments due under the policy directly to you, and 1 direct the insurance company to do so. You may do whatever you think is necessary to be sure that any proceeds of the insurance will be used to repair the Manufacttued Home or pay off this Agreement. 1 give you a power of attorney twhich f cannot cancel) so that you may do whatever you need to in order to collect the insurance proceeds. If I fail to obtain, maintain or pay for the required insurance, Or if I tail to arrange for you to be named as loss payee, you may treat that as a default of my obligations under this Agreement, and you may {but are not required to) purchase such insurance. if you purchase such insurance, I will immediately repay you for any amounts you spend in purchasing the insurance, plus interest up to the contract rate of interest or, at your option, pay you over time as a workout of the obligation. If 1 owe you for arty insurance for for late Charges, attorneys' fees or collection costsl, I understand that I owe an additional sum for these debts beyond my monthly principal and interest payment. My monthly payment will therefore be greater than that stated on page 1 until such additional debts are paid in full. 14. CHARaE3; LIENS: 1 shaft pay aN taxes, assessmeMS and other charges, fines, and impositions attributable to the Manufactured Home which may attain a priority under this Agreement. 1 shall promptly famish to you all notices of amounts due trader this paragraph and, if 1 make payments on any such amounts directly, I shall promptly fwltish to you receipts evidencirtp such payments. 1 shalt promptly discharge any lien which has priority over this Agreement provided that I shall not be required to discharge any such lien so long as I shall agree in writing to the payment of the obligatan secured by such lien in a manner acceptable to you or shall in good laith contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Manutacttued Home or any part thereof. 15. INSPECTION: You may make, or cause to be made, reasonable entries upon and inspections of the Manufacttied Home, provided that you shaft give me notice prior to any such inspection specifying reasonable cause therefor related to your interest lit the Mannufactured Home. 18. FORBEARANCE BY CREDITOR NOT A WAVER: Any forbearance by you in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or precltxie the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other Gens or charges by you shall not be a waiver of your right to accelerate the maturity of this indebtedness secured by this contract and declare a default herein. 17. DEFAULT: 1 will be in default if: {i} I do trot make a payment on time; or iii) I do not keep any of my other promises under this Agreement; or (iii} t file a case, or sortleone else files a case against me. txlder tits Urnitsd States Bankruptcy Code; or (iv) You feel in good faith that the Manufactured Home is in danger or that I will not be able to continue my payments. The default described under (lv) does not apply if this Agreement is guaranteed by the Veteran's Administration. You will give me notice of the default except when 1 voltmtarily surrender or abandon the Manufactured Home. I will have the right to cure the default during the notice period. If I do not ctxe the default, you may do either or both of the foNowing: {a) Accalaration: You can re Dire me to immediately pay you the entire remaining balance of this Agreement; and/or (b} Repossssafon: You can repossess the Manufactured Home. Once you get possessiat of the Manufactured Home you may seN it. If the amount from the sate, after expenses, is less than what I owe you, 1 will pay you the difference, where allowed by law. If there is any property left in the Manufactured Home when you repossess, you may dispose of it as provided by law. If I default, you can do whatever is necessary to correct my default. If you spend nnoney to correct my default, I will pay you back immediately with interest at the contract rate of interest. 18. FILMIG: I authorize you to file a fMancing statement covering the Manufactured Homo. 1ag tee to comply with altd facilitate your requests in connection with obtaining possession of or control over the Manufactured Home until this security agreement is terminated. A copy of this security agreement may be used as a financing statement when allowed by law. 19. NOTICE: Except for any notice required under applicable law to be given in another mariner, {a1 any notice to me provided for in this Agreement shall be given in writing by mailing such notice by certified mail, addressed to me at the Manufactured Wome address or at such other address as 1 may designate by notice to you in writing, and {b} any notice to you shall be given in writing by certified mail, return receipt requested, to your address stated herein or to such other address as you may designate by notice to me in writing. 20. TRANSFER OF PROPERTY: If all or any part of the Manufactured Home or interest therein is sold or otherwise transferred by me without Xour prior written consent, excluding the creation of a purchase money security interest for household appliances, you may, at your option, declare all the sums secured by this Agreement to be immediately due artd payable. If you exercise strcll rrlNirNn to accelerate, you shall mail to me thirty (301 days prior notice of acceleration in accordance with the notice provrsiat herein. li I sail to pay such sums prior to the expiration of such period, you may, without further notice or demand on me, invoke arty remedies permitted under law. 21. ATTORNEY'S FEES: If you hire an attorney who is not a salaried employee to collect what 1 owe ultder this Agreement or to get possession of the Manufactured Home or to enforce my agreements herein, 1 will pay yotx statutory attorney's fees plus court costs and out-of-pocket expenses, if allowed by law. This provision does not apply it this contract was executed -rt Ohio. 22. NAME AND LOCATION: My name and address indicated on page 1 are my exact legal name aind my principal resitlriwe. 1 will provide you with at least 30 days notice prior to changing my name or principal resrdeitce- a~Mca~ SYSp,m. Ina., h. Cbue. MN Fwm GT-MNWJlAZ-2 1122/2001 ONGINAL 07-10-00.202 (1h191: /~,~~`!~ ~ fpirN~O/ JJ APP ~ - 05766776 23. ASSUMPTION: If the Creditor's poliries in effect at the time permit, an assumption of this Contract by another qualified party may Ire co+rsiclr'red. All assumptions are at the Creditor's sole discretion and will be subject to the conditions that are in effect at the time the assumption is requested. AIt conditions are determined solely by the Creditor atxl are subject to change at anytime without notice. 24. MISCELLANEOUS PROVISK)NS: This written Agreement is the only agreement that covers my loan. This Agreement can only be modified or amended or provisions in it waived (given up) by a written modification to this Agreement signed by you. You can decide not to use or enforce any of your rights under this Agreement without losing them. For example, you can extend the time for making some payments without extending others. If any part of this Agreement cannot be enforced because of a law which prohibits it, all other parts can still be enforced. To the extent atbwed by law, 1 waive the benefit of my homestead and personal property exemption as to this Contract. My waiver applies only to the PProperty securing the payment of this Contract. Any provision that appoints you as an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 58; Decedents, Estates and Fiduciaries Code). By exercising any of your rights under this note, you do so for your sole benefit. 1 agree to cooperate with you regarding any requests after clos+ng to correct errors made concerrmng this Agreement or the transaction and to provide arty and all additional documentation deemed necessary by you to complete this transaction. H I purchase credit insurance or other elective product with the proceeds of the Contract, and such product is later cancelled and a refund owed, you wilt credit such refund against the principal balance of the Contract. 25. ARBITRATKNd: All disputes, claims, or Controversies arising from or relating to this Agreement or the relationships which result from this Agreement, or the validity of this arbitration clause or the entire Agreement, shall be resolved by binding arbitration by one arbitrator selected by you with my consent. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, Title 9 of the United States Code. Judgment upon the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to restive disputes. The parties understand that they have a right or opporturnty to Gtipate disputes in cowl, but that they prefer to resolve their disputes ttuough arbitration, except as provided herein. THE PARTIES VOLUNTARILY AND KNOWN(~Y WAIVE ANY RK3HT THEY NAVE TO A JURY TRIM.. EITHER PURSUANT TO ARBITRATION UMDER THIS CLAUSE OR PURSUANT TO A COURT ACTK)N BY YOU (AS PROVIDED HEREINI. The parties agree and understarxl that all disputes arising under case law, statutory law, a+xi all other laws including, but not limited to, all contract, tort, and property disputes, will be subject to binding arbitratan in accord with this agreement. 1 agree that I shall not have the right to participate as a representative or a member of any class of claimants pertaining to any claim arising from or relating to this Agreement. The parties agree and understand that the arbitrator shall have all dowers provided by law and the Agreement. These powers shall include all legal and equitable remedies, including, but not limited to, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereuMO the contrary, we retain an option to use judicial or non-judicial relief to enforce a security agreement relating to the collateral secured in a transaction underlying this arbitration agreement, to enforce the monetary obligation or to foreclose on the collateral. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief in a court to foreclose upon any collateral, to obtain a monetary judgment or to enforce the security agreement, shall not constitute a waiver of the right of any party to compel arbitration regarding any other dispute or remedy subject to arbitration in this Agreement, including the filing of a counterclaim in a suit brought by you pursuant to this provision. 26. APPLICABLE LAW: The interest to be charged, contracted for, and received on this ban, including fees and charges constituting interest tinder federal statutory or regulatory law, is governed by the laws of the State of Utah arul aeolicable Reaeral Lap . All other terms of this loan are governed by the laws of the State of PENNSYLVAlIIA 27. ADDRIONAL TERM8: THIS LOAN IS NOT MADE UNTIL THE DOCUMENTS HAVE BEEN REVIEYED AND ACCEPTED BY CREDITOR. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SI#BJECT TO ALL CLAIMS AND DEFENSES iiiHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED Y~TH THE PROCEEDS HEREOF. RECOVERY HEREUNDER 8Y THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO MAKER(S): 1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT. MAKER ACKNOWLEOtiES RECEIPT OF A COMPLETED COPY AF TFN3 AGREEMENT. CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE ENTIRE AGREEMENT BEFORE YOU SIGN IT. - G~Mak '•~/•C gnature cAxoL s ~r~rzsL Oate Sip ure ~ L Date S~Maa SYp~ml. Ina., SI. Claud. MM Fpm 6T-MMPNLAZ•2 1/X/2001 OIMp11M. (~T-10.00201 n/Ot) IpJO'I 10/ IJ '`~~ j; ~. CERTIFICATE OF TITLE FOR A VEHICLE .18 8 ....:...~:. _ ..... . 2Tfir~t~]~tIJ•OaS~f4-~]E37~ `. y ::.." • ~ ~ .f .~ ... .. .. .. ~. T :~ .•e ~... ~ ~ ~ e .a~o~woa o. ..aur ., , '~. a• • ~ M• ~ • ~ l ~ ~ ~ . , ~ A• ~: 's: ?013 • ` ~, •, ~ . ~Y. '. ~ S ~ tlOOnO USI M1ip10r: ' ,w ~. ' ~ • w. rrrrr r w +w ' ~w~r. w ~~ w trr ~ fr ~~~ ~ M/y1~7~~/M a .r NOOIpNO11~tA/~ ~'~ .. ,„ . ~.~'..wR; .083007.. _ . _. :`tNC ~ ~' ~~; ~R! ~ ,. ....., a 0=5703 fix: ~:: • #, ~ _ .. . . ~1 ^II~ r M Ilwr~iMY OgMiw~ ~wr.w+ r.~w r w w.m. t ~. 1 .y. '~. liWr A~Y~iwnlR M r 1af UM 0~7r: h~ . '~l. "" ~RtJM10~~1 ~11~f '14 ~~ v. .... . ~.. ?1 . .t': ~ nl1~ RAIL ~a .r,-. '' RMNpK M~1M10M MAM1 , t .c~. rous~wn -~,,~MO ~ 0111 ' ~ ~ rnrrrnww. fMD L1(IMp1OG1 f .. _=e } x. ifll~~ ~ ~ :._iy.. OIAYIIOIi~O ruf11 ~ ' ' ~'~ ~ CIfY •TM ~ „ .~ v _.___ ~._ wwio~NfnnmoNNMMI ~ ..,:,.^K~~:~~'.rlii{~ AL, AZ, AR, CT (LH First Liens), DE, DC, FL, GA, IA (LII PMM), ID, IIN IN, KY, LA, MA (LH), MD (LH First Liens), ME (LH first Liens), MI, MN, MO (LH First Liens), MT, NE, NV, NH, NJ (HO), WA, WV (LH), WY PoateanlvuptryAccotmtonty: GR~~~ Stay ReliefGrantedor Alo ReafftmetionSigned NOTICE OF DEFAULT ANA RIGHT TO CURE DEFAULT Date of Notice: 07/09/2007 Certified Mail Receipt No. 71067112169000865066 Carol E. Wetzel 229 Meals Dr Lot 229 Carlisle, PA 17015-3182 Green Tree Consumer Discount Company 105 Bradford Rd SC III Suite 200 Wexford, PA 15090 800-643-0202 Account No: 183761204 Creditor. Green Tree Constmer Discount Company Brief identification of credit transaction: Manufactured Hotne Account THIS IS NOT A BILL. THIS STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY. If you tUed badrraptcy, this notlce is not an attempt to collect a debt, but instead allows the creditor to enforce its Uen. If you were an obUgor on this acwtmt prior to the tiUug of a bartitruptcy a~ either Green Tree Servicing LLC ("Green Tree") has recdved an order granting reUet from the automatic stay or you lotus received s discharge or surrendered the home in full satis6ction of the debt, Green Tree is exerchlna only its rights under the severity agreemsat as allowed by law. Green Tree is not attempting to collect or recover the debt as your personal UabUity, but is ody complying with statutory notice requirements. It the amount requested ie not received by the stated date, Green Tree may exerdse its right to enforce its lien. This credit transaction is now in default. The default may be corrected within 30 days from the postmarked date of this Notice. If the default is corrected, you rttay continue with the contract as though there was no default. The default consists of: 41 payments past due (plus 5161.42 in fees and charges) totaling 59,572.27. Cure of default: Within 30 days from the postmarked date of this Notice, the default may be cttred by doing the following: Creditors rights: If the defatilt is not corrected in the time allowed, the creditor may exercise its rights under the law by taking legal action to repossess or foreclose on its collateral. [f the total amount of the default is not cured 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 ie the amount of 527,838.54, shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrltcd after the date of this notice shall also be due and payable. You have the right to reinstate after acceleradon 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. PLEASE NOTE TWAT YOUR PERSONAL OBLIGATION TO PAY THE CONTRACT HAS BEEN DISCIIARGED IN BANKRUPTCY AND THAT YOU ARE UNDER NO OBLIGATION TO CURE THE DItFAULT. If you have any questions, write Green Trce at the above address or call the number provided. If this default was caused by failure to make a payment or payments, and you voluntarily 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. 2. Artlck Number 10A4 I G SgnMn ~ O O Z ~ ^ X ^~ I H i ~ ¢ ¢ I o. h a.awy e0awer Aeenr tine one +z x vES, new deWery e18w brew: pw n C { ~ ~ Z W ~ ~ 3. Sarvlon Typn COIT~1~ MAIL i r ~ ~ ~ ~ W j ~ ~. Rankled DaMwY4 (Exha Fis) ^ Yes i ,~ ~ m ' a i t. A,Yda Aedra.ad to: U~_~ry I Z i t~i p~ ~ ~ ~ ~ ~ y I TT ~ m 't Green Tree Consumer Discount Company T III Imo ~ ~ 7~ ~ ~ ~ empe 7360 South Kyrene Rd 4 8 y -t < i Tempe, AZ 85283- 5 3 i Z m loft i t7 i '~ ormi PS Form 3811 ~ July 2001 Domestic Relum Receipt AL, AZ, AR, CT (LH First Ueps), DE, DC, FL, GA, IA (LH PMM), ID, H,, IN, KY, LA, MA (LH), MD (LH First Liens), ME (LH First Liens), MI, MN, MO (LH First Ueps), MT, NE, NV, NH, NJ (HO), WA, WV (LH), WY PoatBanluttptcyAccotmtGWy: GR~R~E Stay RelicfGromedor No RcaffirtnationSigoed NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT Date of Notice: 07/09/2007 Certified Mail Receipt No. 71067112169000865073 Kenneth L. Wetzel Green Tree Consumer Discount Cotrtlrany 5 Robin Dr 105 Bradford Rd SC III Suite 200 Carlisle, PA 17015-9294 Wexford, PA 15090 800-643-0202 Account No: 183761204 Creditor: Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactwed Home Account THIS IS NOT A BILL. THIS STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY. If you tLed bankruptcy, this notice is pot an attempt to collect a debt, but instead allows the creditor to enforce iU lien. If you were an obligor on this account prior to the Bung o[ a bapkruptcy apd either Green Tra Servicing LLC ("Great Tree") has received an order granting relief from the automatic stay or you have received a discharge or arrrreadered the home ip full eafis[actlon o[ the debt, Grcen Tree is eaert3sit:tg only its rights under the security agreement as allowed by Isaw. Green Tree is not attemptipg to collect or rernver fire debt as your persopal UabWty, but is only coasplyir~ with statutory notice requirements. If the amount requested is not received by the stated date, Green Tree may a:ertiae its right to enforce its lien. This credit transaction is now in default. The default may be corrected within 30 days from the postmarked date of this Notice. If the default is corrected, you may continue with the contract as though there was no default. The default consists of: 41 payments past due (plus $161.42 in fees and charges) totaling $9,572.27. Cure of default: Within 30 days from the postmarked date of this Notice, the default may be cured by doing the following: Creditors rights: tf the default is not corrected in the time allowed, the creditor may exercise its rights under the law by felting legal action to repossess or foreclose on its collateral. If the total amount of the default is not cured 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 wntrect in the amount of 527,838.54, 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 forecloswe proceeding the nonexistence of yow default or any other defense you may have to acceleration and fareclostue. PLEASE NOTE THAT YOUR PERSONAL OBLIGATION TO PAY THE CONTRACT HAS BEEN DISCHARGED IN BANKRUPTCY AND THAT YOU ARE UNDER NO OBLIGATION TO CURE THE DEFAULT. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by failure to make a payment or payments, and you voluntarily 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. 2. Arlide Numbsr ULTIPoat~K y 1 1iM Ca,rM i. Grab nwq ~ ~ ION4 ~ ~ ^~re ! X ^MMaeaa n C ~ ~ i G. x Y~eMar dasvwy eMnr bebw: t 7 ^ Ns ~ 2 W C7 Q 0 3. Senbe Typ p MAIL D ~ ~ I Q W •. RaailGed nelvert/J (F.aea Fie) ^ Yes ~ ~ m lL J G- i 1. Aride Addiwrd to: .Q ~ tUyl ~ ~ ~ ~ ~ 31 tx ~ ~ a a Green Tree Consumer Discount Company ~ p m ~ g a ~ ~ Tempe III y m ~ U ~ ~ 7360 South Kyrene Rd i ~ O 2 ~ ' Tempe, AZ 85283-4583 i Z v ; O ~ ~. ~ w~a~ PS Form 381 i. July ZOOt narneegc Felum Receipt VERIFICATION I, Dalton Baskerville, Collections Manager, and duly authorized representative of Green _ _ _ Tree Consumer Discount Company do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Replevin are true and correct to the best of my information and belief. Dalton e Collection Manager Green Tree Consumer Discount Company '69, ~ rv ~ ~i ~ h `''~ ~ ~ ~ -- o o _ ~ o O -lam ~ is x' -- f1 ~ ~ r ~'~ -~" {_7 -'t '~? ~ O ~ Jh 01 a SHERIFF'S RETURN - REGULAR ~ CASE N0: 2007-05098 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DIST CO VS WETZEL CAROL_E ET AL DAVID MCKTNNEY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon WETZEL CAROL E the DEFENDANT at 2114:00 HOURS, on the 30th day of August 2007 at 229 MEALS DRIVE LOT 229 CARLISLE, PA 17013 CAROL WETZEL by handing to 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 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 af,N~o~ ~ o0 3 Sworn and Subscibed to before me this day of , So Answers : ~~~~ "l~ R. Thomas Kline 08/31/2007 VOELKER & ASSOCIATES By: Depu y Sherif A.D. SHERIFF'S RETURN - REGULAR ~ ASE NO: 2007-05098 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DIST CO VS WETZEL CAROL E ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon WETZEL KENNETH L the DEFENDANT at 2114:00 HOURS, on the 30th day of August 2007 at 229 MEALS DRIVE LOT 229 CARLISLE, PA 17013 by handing to KENNETH WETZEL a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 q~1~1b7~ 16.00 Sworn and Subscibed to before me this So Answers : '~c~ " l~ R. Thomas Kline 08/31/2007 VOELKER & ASSOCIATES By: day Deputy Sheriff of A.D.