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HomeMy WebLinkAbout04-0598IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, f/ida Conseco Finance Consumer Discount Company, Plaintiff, CIVIL DIVISION Complaint in Civil Action - Replevin Diane L. Weidner, Defendant. Filed on behalf of: Green Tree Consumer Discount Company, f/Ida Conseco Finance Consumer Discount Company 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 RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, f/Ida Conseco Finance Consumer Discount Company, Plaintiff, Diane L. Weidner, Defendant. CIVIL DIVISION No. 05/. .5-~2~ Complaint in Replevin NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND 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 2 Liberty Ave. Carlisle, PA 17013 (800) 990~9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, f/Ida Conseco Finance Consumer Discount Company, Plaintiff, v. Diane L. Weidner, Defendant. CIVIL DIVISION THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. COMPLAINT COUNT I - REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, f/Ida 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. Green Tree Consumer Discount Company, f/ida Conseco Finance 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 Ill, 105 Bradford Road, Suite 200, Wexford, Pennsylvania 15090. 2. Diane L. Weidner, hereinafter referred to as "Defendant," is an individual whose last known address is 45 Garden Parkway, Carlisle, Pennsylvania 17013-9221. 3. On or about July 28, 2000, Defendant purchased a 1992 Skyline West Ridge Manufactured Home, Serial Number 2F100226, (the "Mobile Home"), from Conseco Bank, Inc., (the "Seller"), and entered into a written Manufactured Home Promissory Note, Security Agreement and Disclosure Statement, (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 right, title and interest in the Security Agreement to Conseco Finance Consumer Discount Company. 5. Conseco Finance 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." 6. On June 9, 2003, Conseco Finance Consumer Discount Company filed Articles of Amendment - Change in Corporate Name with the Pennsylvania Department of State, Corporation Bureau. As of June 13, 2003, the new name of the corporation is Green Tree Consumer Discount Company. 5. Plaintiff avers that the approximate retail value of said Mobile Home is $24,000.00 and that the said Mobile Home is in the Defendant's possession and believed to be at Defendant's address as stated above. 7. Defendant defaulted under the terms of the Security Agreement by failing to make payments when due. As of January 15, 2004, the Defendant's payments of interest and principal were in arrears in the amount of $3,798.81. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of January 15, 2004, is $24,686.25. 8. 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." demand. Defendant failed to cure the default or return the Mobile Home upon Plaintiff's 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. pay: 11. The Security Agreement provides that in the event of default, Defendant will 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, f/k/a Conseco Finance Consumer Discount Company was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, f/k/a Conseco Finance 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. COUNT II - DAMAGES By way of separate and alternative pleading, Plaintiff, Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company, 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, f/k/a Conseco Finance Consumer Discount Company, requests: a) judgment against Defendant in the amount of $24,686.25 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, L:\Green Tree\Weidner, Diane\CM Replevin.wpd Erin P."DyEC,, 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 mine M. Amelio, Regi~)nal Manager L:\Green Tree'tG E N ERAL\Verification. Arnelio.wpd MANUFACTURED HOME PROMISSORY NOTE, SECURITY AGREEMENT AND DISCLOSURE b~TATEMENT (CONV. - FHA - VA) (SI) Date ~ J~AK~*R: k~'DK~. D~ L.. 4~ GARD~ PAR~G/AY. CAEL[~2[. PA 17013 MAKiE~: CREDiTOR: conseco ~=~. ~c. 2825 g. co'c~o=~o~t ~'a=~a¥. $~ta 230, Sa~c [~Ice Ct~J', [~ 84121. FEDERAL TRUTH-IN-LENDING ACT DISCLOSURES ANNUAL FINANCE Amount PERCENTAGE RATE CHARGE Financed 14.54% ~ 63490.00 $ 23021,00 My Payment Sct~dule will be: Nurnl~er of Payments Amount of Payments 100 258.37 Total of Payments Total Safe Pride $ 86511.00 Whee Payments Are Due Mont~y begindng 30-45 d~7~ fro= sECURiTY: ! am giving a secunty irr~:ereat ~n: ;/A Other (describe): AT/A Z~ ,-The ma.ufoc~fred home or modular home being purchased or refinanced. tq/A Real ~'oper'~' Jocated at N/A LA*rE CHARGE: If a payment is mo~e than' 10 days fate, ! will be charged RREPAYMI~IT,' If I pay off ear~y, I x may I~/A will not be charged a prepayment penslW. /Zi If.I pay off early, I w/IT not be entitled to a refurid of part of the eriginatlon fee. t ASSUMPTIOn: Someone buying my home may, subject to unde~wr~i~g condilions, be aflowed to asscm~e the remainder Of my oblil~atlon on ~e original tenms. See t~e ContraS: d~cument below for any addit~ona! idormal~on about norkoayme~t, default, any resulted repayment i~ full ~efore the SCheduled date, and prepayment refunds a~d dena~iee. ;ITEMIZATION OF THE AMOUNT RNANCED 1. Amour~ Given To Me Directly .................. $ 1479.21 2. Amourlts Paid To Others On My Behalf: a. Paid to Public Officials ........................ + $ . o0 t~. Paid ~o Insurance Companies .....,~ ......... + $ . - 1690.00 c. Paid to Appraiser ................................. . + $ .0o d. Paid t~ C~IS~O ~. ~0ZI~S +$ 1618.47 e. Paid to Ar~TCA.~Z~ ~ + $ 100.00 j. Paid to +$ .00 lc Paid to + $ .00 m,Pald to + $ .00 n. Paid to + $ .00 4. Prepaid Finance Charges ......................... PHYSICAL DAMAGE INSURANCE Phylk=l Dmuge bu,drmue b requited bJt I may obtob It! fi'om $16~.00 ~~a~ o5 ym x C~e ($ zs0,00 d~b~) The term of th'a insurance is., , 0o years. lf/A Single Credit Ufa rmurance , N/A Joint Credit Life Inaurance , N/& Single Credit Disability Imp. rathe $ Total $ X Sigmlture o~ Makeri.s) h'~utud EXHIBIT "A" [ ~1~ CONTRACT AND SECUIm'Y Aa~ 1. DEF~I'rIoNs: '1', 'me,' 'my' means the. Maker(s). 'You," 'your' means the Creditor. 'Manufactured Home' means ~ manufactured home or modular home; the real property described on page 1, if applicable; and any other property described on page 1 or bel0w. 'Agreement". or 'Contract' means tt~s Promissory Note, Security Agreement arxt Disclosure Stamme~t; and a mortgage or deed Of trust, if applioa~ia. YEAR AND MAKE MODEL. SERMJ. NUMBER SIZE Stove x Refrigerator x Wa~be~ x Dryer x A~r Conditlone~ ~/A Whenls/A~es 2. LOCATION: The Manufactured Home is located at the f=rlow[ng address: ~5 ~ P*V~', C_,A~SI~. PA 17013 ·. . The land on which the Manufactured Home is located is owned by:-l~ 3. PROMISE TO PAY: TO repay my loan, I promise to pay you U.S. $ 2~'75g.~'7 (the "Principal Balance") as shown per annum according to the payme~ schedule set forth on page 1, plus other amour~ as agreed and =rJowed by law. The T(~=r $86511.0o and my dorm peym~tt is $.oo 4. ZZ OR~GBLa, TION FEE: I aiao agree to pay a nonreflJndable cNg!nation fee of $ 1618.47 , and it will be ~/i paid in cash: N/A paid pro rata over the loan term. 1~ withheld frem the proceeds. {If this fee is w~thheid from the proceeds, the . .amount is included lo the principa! Sum.) ............ LATE CHARGE: If a payment is made more than NSF FEE: If any instrument which I submit to you is returned unpaid for any reason, I will pay you a fee of $ 25. o0 7. SIMPLE I~U~;ST CONTRACT: This is a simple interest oantract !merest wiil accrue upon the unpaid principal balance ou~nding from time to time. The F~nance Charge, ToteJ of Payments and Payment Schedule were computed based on assumption that payment w~'~l be made on the dstes scheduled for payment. Early paymer~s will reduce my final payment. Late payn~ente will increase my final payment. My final payment will be equsi to =ri ungmid sums due under this Agreement. My promise ~uiras me to pay the final payment on the date clue even if the amount of the f'mal paymem: differs from the amount of the final payment disclosed. 8. S~IRITY I~111=f~EST: I give you a sccu~ity interest under the app~inable ce~ficate of titJe law or Un,cfm Commercial Code in the Manufactured Home and any property added er attached to it, to secure my obligation under this Agreemef~ Uhiess otherwise stated in this Agreement there.are no prior I~ts on the Manufactured Home.' I also grant you a ~ _~ec_,_~/~nte~st ~n any mtorsst I may have m title or ownership, financing =~=[~eeflt, or other document need=m/to perfect your securiw ~ in the Manufactured Home. To the extm~ if any, the! any Agreement (whetfl~ or not accompanied by any one o~ more oHglnal) congdtutas cbe~tel paper (as such tefTn is defined in the Unifo~rn Commercial Code in effect in the applicable juriadicticnl no security intenest in any Agreement may be created n any dcoument s) other than the Orig naL 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 SENTERCl;. IF I PREPAY IN FUEL WITHIN 60 MONTHS OF THE DATE OF THIS NOTE, I WILL PAY YOU A PENALTY OF at.xl,-,~'.ths interest on ~- ---~unt in e~.~ss of 20~ o:E t.h~- ortg4.=~ pr~-~pal amount · Partial i~epayments will not excuse or realime any later scheduled payment until this note is paid in full. 10. NO WARRANTIES: ! agree t~t there are no warranties of any type covering the Manufactured Home. if I am purchasing'the ManidactLred Home, then it is being purchased AS IS end WITH ALL FAUI. T$ and THE ENTIRE RISK AS TO THE QUALITY AND PERI~O~MANCE OF THE MANUFACTURED HOME IS WH'H ME. I agree that any implied werranty of merchantability and any implied warranty of fitness tot a particular purpose are specifically excJuded and do not cover ~e Manufact~ed Home. Th~s No Warranties 11. PROTECTION OF THE MANUFACTURED ~ll~E: I will: (a) keep the Mecufactuted Homi~ core,ion and r~t commi~ waste; {bt pay all taxee, Charges and lot re~ due for~e Manufactured Ho~e and the real e~ato il:-Tg located on; (c) not move, use lillegeIIy. seil~ lease or o~herwis, e tra,'~fer the Men,lectured Home; (d) not attach I~e Ma~fsotumd Home to any reel astern ,and the Manufactured Home w~ll always be treated as befsonal property unless you co~e~t ~1 w]'~ing and state law permits such conb'aty tTeatmont; and (e) not let anybody etee have any interest in the Manufactured Home.. 12. PERSONAL PROPERTY: I agree that ragardlese of how rny Manufactured Home ia at~ched to the real property and rega~less of how yew security interest in my Maoufact~ed Home is I~erfoctad and regantless of whether an affidavit of effixture (or oti~e~ S~milar instrument ident~ying the pml~,.rty as a fixture) has been r~,.orded, my Manufactured I-Ic~.e is a..nd shall remain personal p. ropor~y and is not and shall not become a fu(tute or part of the real property unless y.ou consent ;n wrmng end state taw permits a ~cor~rary olee~ficatton. I agree to pay any and all be~sonal proi~ty taxes assessed agmnat my Manufactured Home and agree ~ fail~ to pay such taxes shell cons~'ftute a default under paragral~ 17 on page 3. 13. INSURANCE: i will ke~ the Manufa~u~ed Home insured ageJnat such risks and in such amounts as you may re,enable, require wi~' an insurance company Satisfactory m you~ I will arrange for you to be named as loss payee on :he policy. I agree to pro~ide you writmn evidence of insurance as requested I~y ,you from time to time. If you fine .nee the purchase'.of any such in,~u~nce for me,, I witl repay you for the cost of that insurance, p~us u~tem~ up to the centract rate of u~temst. I autt~'ize you to furmsh account data to a licensed insurance agent of your choice so such agent may soiicft the purchase of credit, property,.warranty or other insurar~e from me. I agree that the insurance company may make any payments due under the policy directly to you, and I direct the in~surance company to do so. You may do whatever you think is necessary to be sure that any .proceeds of the inau~ance will be used to re, ir the Martufactured Home or pay off this AgreemerrL I give you a power of attorney which i c2-~not cancel) so that you may do whatever you need to m order to col ec: the ~nsuronce proceeds, if I fail to obtain, mainta'n or pay for the required 'r~urance, or f fail to 'arrange for you to be named as luss payee, you may treat that as a default of my ol~igatJons under this Agreement, and you may Ibutiare reClu/red tot purchase such insurance. If yc~u ~e'chace such insurance, I wdl immediately repay you to~ any ,amounts you ~ m aurchasing the insurance, plus interest OP to the contract rate of interest or at your option pay you over time as a workout of the sum for these debts beyond my inanely principal and interest peymont. My mont~/y payment will therefore be greater than that~ stated on pa~e 3 un~l such add~ona] debts ere ;aid in fu~. 14. CHARGES;'L~N~: I shall pay all taxes, eas~sments and other charges, fines, and imposidorts attrii0utabie to ~he Manuf',actured Home which may attain a priority under this Agreement. I shall prompt~ furnish, to you all notic`a.s of a,m, ounts due under this pa~graph and ;f I make paymem's on any such amounts dlrecdy, I s/nail promptly furnish to you rec~pts .e?der~ .n~. such paymente.~ shall pmmpl~ discharge any lie.n which has I~ic~y over thi?. A~reement provided ~ ! ?tall not be red,red to discharge any.sueiqJii.e.n..so k)~g as I shall agree in wr~ng to the i~,rne~ of the obi~aoon secured by such l~en m a manr~ aceei~able to you or shall a~ goo~ froth , by,. or defend enforcement of such. lien in, legal proceedings which operate to preveftt the enforcement of ~ne'~ lien. or forfeiture of the Manufactured Home or any part ti~'eef. 15. IN.S.aECTK~: you may make, or ceuse to be mede, reasonable effcrias upon and ins;ect~ona of the Manufaetured Home, piovided that you shall give me no,ce pr;or to any such insl~-'tlon epaolfying reesonab~e cause therefor related to your imerestiin the Manufactured Home. 16. FORBEARANCE BY CREDITOR NOT A WAIVER: Any forbearance by yOU in exerc~aing any right or remedy hereunder, or o. th~ rwise afforded by app/iceble law. shall not be a waiver of or preclude the exercise of an'( such right or remedy. The ~ocurement of ~nsurance or the payment of taxes ur other liens or charges by you shall not be a waver of your right to accelerate the rna:udty 6f ti~is indebtedncas secured by th/s contract and declare a default here~n. 17, DEFAULT: i will be in default if: ii) I do not make a eayment on time; or (ii} I do not kee~ any of my other promises under this Agreement; or (iii) I file a case, or someone else files a case against me, under the Un/ted States Bankruptcy Code; or (iv) you ~eel in good f~itfl that .t~.e Manufactured Home is in da~lger or that i will not b~ ,able t.o continue.my.paymerTtS. The default described urn, er (ivJ does not ap!oly if t~a Agreement is guaranteed by the Veteran's Administration. You w~ll gwe me notice of the defauY( except When I voluntari y surrender or abandon ttte Manufactured Home. I will have the right to cure the de. fault du~.ng the notice period, if I do .not cure ti~e default, you may do either or both of the following: (al A_ _~'~derer/o~: You can reclt, re rca to ~mmediately pay you theLent;re remaining baianca of this Agreem~t; and/or (b) Re~:~eeslo~: You can reposaees the M.a~ufact~red Home. Once you gat. poasee~lon of ttle Manufactured Home you may sell it. If the amount from .the sale, after expenses, ~s less tha~ what I ow~ you, I w~!l p.ay y..~. the difference where allewed by law. If there is any prO~erty left m the Mam~factured Ho.rc~.. when you re~oeeess, you may d;~s~fau .of it ~revided ~y law. If I defau~, you can do whatever is naeeSsa.W, to correct my default. If you spend money to correct my de au~t~ I w~ pay you back immediately with interest at the contract rate of ~ntereet. , 18. NO~TICE: Except for e.n¥ n.b. lice r.equired ~ a~piica~le. ~ to b~ giver1 i~ enol~er man,er, (a) any no,ce to me provided ??r in this A ~g~. ant shell be g~ven ~n wrfting I)¥ rna~ilng Such not~c~ by .certified mall, addras~, to me at the lt~..nufa.ctum~.....Home or at such other address as I may dee~gnato by notice to you ~n wnting, aed (b) any not,ce to you s~a. Il be grvon ~.n wn~ng ?y c~.,~, fled mail, re~um receipt requested, to your address stated herein or to sucah other address as you may das~gnate by natlce to me m wr',~ng. 19. TRANSFER OF I~OPE~qTY; AS~RIM/~I-ION: If all er any part of t~e Manufactured Home or interest therein is said or othe~iee trar;eferred by me witi~x.~ your prior wr/ttan co~ent, excluding the creation of a purchase money socu~ty interest for household apl~iancles, you may, at your option, dec,ate al~ the sums secured by th/s Agreement to be immediately due and i~yable, ff. you exercise, such o~tion to accelerate, you ~ll.rnail to me .t~r? (30) days pti.pr nofi~;e of acc.M, era~on in acco .ella. nba w~th the ,notice provision herein. If I fail to pay such suma pr~r to the exl~rat~on of such period, you may, w~theut further notice or demand oq, me, invoke a'~y remedies permitted u~lder la~v. ' 20 ATTORNEY'S FEES: If you h~re an attorney wtio is not a salaried employee to collect what I owe under thie Agreement or to get possass~o? of the Manufectu. red Home or to enl..o~ce my. a. greements hereln,.I will pay your statutory att..o~ne,,y.'.s fees plus court ~:oste and out-of-pocket expenses, if allowed by law. This prows~on does not apply if th~ corm'act was executed m uhio. I 21. MISCELLANEOUS PROVISIONS: This written Agreement is ~ holy agreement that ~overs my loan This Agre~n~t.. can .ot~y..b.e m~x~ified~ur amended ar provisions in ~t waived (give~ u~) by a written modification to tt~s Agreerr~.n~ ~g~ed by you. You can ~ec~e some payments without extending ~. if any pace of Ufis Agreement cannet~orced because of a law which prohlbh~s it. all o~her paf~s can ~b'~l be enforced. I agr~ to coobes'a~e with you rsgerdJng any reclue~aftler closing to con'ect errars made Concerning this Agreement or the transac'dan and to ixovide any and aU addi~onal documer~a'don deemed nec,,<<=,'y by you to compJeta ff~s 22. AI~ITRAT~N: All disputes, claims, or controve~sles asking f~om or r~ating to s~s Agres~ent or the relationships wnich result from this Agreement, or U'~ vaZidity of this erbitmtlon ,-~,~.~ ar the entire Agreement. st~all be resolved by b~nding arbitra~on by one arb~atar selected by you with my c~seflt. Thie erbit~on agreement is made pumuant to a tmneactiod invatving ime~state commerce, and shall be governed by ~e Federal Axt~-afi~n Act, ~-rtie 9 of l~e United States Co~e. Judgs-nent ug~n the award rendered may be entered ~ any co~t having ju~is~-fion. The patl~s ague and unde~tand t~at ~ choose erbit~tion ins~ad of lltigal~n to resolve disgutos. The parties mx~=~d that tha~ have a tight ar o~T~tunlty to I'~ipate d~outes in cou~ but ~ the? I~efer to resolve ~ clis~es through art~ibat;0~, exceot as provided I~'e~. THE PAITTI~ VO~J~I'AI~.¥ ~ Ir~o~I~LY WANE ~ FI~I~I' THE~ HAVE TO A JURY ~ ~ ~I~U~J~' TO AR~'RATI0~ ~ TNIS CLAU~ 01~ P~UANT TO A C0UI~F and ail ~ laws mclucllng, b~t not limited to, all ~.~t. ~ and pm~es~y ~,~.Jtes, wdl be subject to b~ncl~ att~crafion in accord with 1~s agreement. I agree ~ I shail net have the right to I~as~iC~aLa aS a re~mse,,;-~ee or a mem~r of any class Of c~aimants pertaining to any claim arising from or re,stag to this Agreement. The ~ agree and un6~=~nd ~'tat tt~ arb~zator shall have all · · .pawqrs ~ovided by iew and the Agreement. Tha~ pawers shall include.alt legal and eduitabie remedies, ~cluding, but not limited to, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto the ca~'~rary, we re.in an o;~don to use judiciaJ ar non~udJclai re. lief to enforce a security agreement relating to ~ collateral secomd in a transaction underlying this'arbitration agreement~ to enforce t~e monetary obUgatJon or to ferecJose on the ca~at~ai. Such judicial m[ief would take the form of a ~t~suit. The ihstitotion and maintenance of an action far judicial relief in a co~t to foreclose u~on any collateral, to obl~in a monetary judgment ar to,e~torce the security agreement, shall net constftuto a waiver of the right of any Fatty to comps] arbitration mpa~ding any other di~oute ar remeby subiect to atb;[sa[;o~ in this Agreement. including the filing of a cou~claim in a suit b¢ought by you pursuant to this provisico. 23. AI~UCABLE LAW: The interest to be charged, contracted for, and received on this loan, including fees and charges constituting interest under federai statutory or regulatory law, is governed by the laws of the State of ~ede=a3. lm~ . All o~er terms of this loan are governed by the laws of the State of 24. ADDITIONAL ~ L~/A NOTICE TO MAKER(S): 1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACF_~. 2. YOU ARE E~ ~ ~ ~ LED TO A COPY OF THLS AGREEMENT. MAKER ACKNOWLEDGES RECEIPT OF A ~ COPY OF THIS AGRPJ=MENT. CAU'rlON - IT I~ IMPORTANT THAT YOU THOROUGHLY READ THE ' ' ENTIRE AGREEMENT BEFORE YOU SIGN IT. ~g~Jre DZN~ ~,. ~ Da~ ' Signature Date CERTIFICATE OF TITLE: FOR A VEHICI, E; ~, ,77ml C~NSECd FINANCE ~qOD. TURBINE DR RAPID CitY.So s??o] EXHIBIT "B" MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR~ PA RI, SD, TN, TX (HO), UT, VT, VA, WA, WI (LH First Liens), WV (LH), WY NOTICE OF DEFAULT C O N S E C O, AND P. IOHT TO CURE DEFAULT Date of Notice:03/24/2003 Diane L. Weidner 45 G~rden Pkwy Carlisle, PA 17013-9221 Account No: 183709690 Ceffified Mail Receip~ No. 71067112169272340483 Thr~ Ex~utive Park Dr/ye Bedford, NH 03110 800-524-6717 Creditor: CONSECO FINANCE CONSUMER DISCOUNT COMPANY Brief identification of credit transaction: Manufactured Home Account Credltor~ rights: If you do not correct your default in the time allowed, the creditor may ex~rcise its rights against you under the law by taking iegai action to repossess or foreclose on its collateral. If you have any questions, write Conseco Finance at the above address or call the number provided. If this default was caused by your failure to m~ke 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 mn-angements may bo made by contacting Conseco Finance. EXHIBIT "C" SHERIFFIS RETURN - REGULAR CASE NO: 2004-00598 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS WEIDNER DIANE L CPL. KATHY CLARKE Cumberland County,Pennsylvania, says, the within COMPLAINT - REPLEVIN was served upon WEIDNER DIANE L the DEFENDANT , at 1130:00 HOURS, on the 17th day of February , __ at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 DIANE L WEIDNER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, by handing to together with COMPLAINT - REPLEVIN 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 00 00 10 00 00 28 00 Sworn and Subscribed to before me this .~3~w._ day of ' P~othonotary So Answers: R. Thomas Kline 02/18/2004 DYER LAW FIRM By: ~ D~pu~t y~ rff~f~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, f/ida Conseco Finance Consumer Discount Company, Plaintiff, Diane L. Weidner, Defendant. CIVIL DIVISION No. 04 - 598 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter Judgment by Default in favor of Plaintiff Green Tree Consumer Discount Company, f/ida Conseco Finance Consumer Discount Company and against Defendant Diane L. Weidner for her failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty days from the date of service thereof. Defendant was served with the Complaint on February 17, 2004 and her answer was due to be filed on March 8, 2004. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the Defendant at her last known address and to her attorney of record, if any, on March 9, 2004, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 1992 Skyline West Ridge Manufactured Home, Serial Number 2F100226, that being the relief demanded in the Complaint. Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for Green Tree 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 Attachments: Ten Day Notice -- Exhibit "A" Affidavit of Non-Military Service & Last Known Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, f/Ida Conseco Finance Consumer Discount Company, Plaintiff, Diane L. Weidner, Defendant. CIVIL DIVISION No. 04 - 598 Civil Term Certificate of Mailing Diane L. Weidner 45 Garden Parkway Carlisle, PA 17013-9221 Date of Notice: March 9, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOU R PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Erin P.l:Tyyer, E~qU'lr~ Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 L:\Green Tree\Weidner, Diane\TDN.wpd EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company, Plaintiff, Diane L. Weidner, Defendant. CIVIL DIVISION No. 04 - 598 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS ERIN P. DYER, Attorney, being duly sworn according to law, deposes and says that he makes this Affidavit on behalf of the within Plaintiff, being so authorized avers that Defendant's place of residence is 45 Garden Parkway, Carlisle, PA 17013-9221, and that she is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Erin PA ID Number: 52748 Attorney for Green Tree 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer Discount Company, Plaintiff, Diane L. Weidner, Defendant. CIVIL DIVISION No. 04 - 598 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: Consumer Company: Deliver possession of the following described property to Green Tree Discount Company, f/k/a Conseco Finance Consumer Discount 1992 Skyline West Ridge Manufactured Home, Serial Number 2F100226. items. Inform Diane L. Weidner that she has ten (10) days to remove personal 3. After ten (10) days a motor truck will transport the 1992 Skyline West Ridge 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 Diane L. Weidner remaining after the above- mentioned time period and sell her interest therein. Eri~e PA ID Number: 52748 Attorney for Green Tree 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000