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HomeMy WebLinkAbout08-2212P' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, CIVIL DIVISION No. - aaia v. Angela Zimmerman, Defendant. Civil Team TYPE OF PLEADING: Complaint in Replevin FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker, Jr. PA I.D. #55414 Cynthia A Dornish PA I.D. #59890 Voelker & Associates, P.C. Firm #332 Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. V. Angela Zimmerman, Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE 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. Cumberland 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, CIVIL DIVISION Plaintiff, No. Of- .1?7I.7, (- ? -re,,,- V. Angela Zimmerman, Defendant. COMPLAINT IN REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, by and through its attorneys, Edward F. Voelker, Jr., Esq. and Voelker & Associates, P.C., and avers the following in support of its Complaint in Replevin: 1. Angela Zimmerman is an individual whose last known address is 211 Bishop Road, Mechanicsburg, PA, 17055. 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 August 1, 2001, Borrower entered into a "Manufactured Home Promissory Note, Security Agreement and Disclosure Statement ," hereinafter referred to as the "Financing Contract," whereby Borrower financed a 1999 Redman Homes manufactured home (serial no. 12233575) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home." A true and -1- correct copy of the Financing Contract 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 29 Etter Road, Newburg, PA, 17240. 5. The Financing Contract was subsequently assigned for value to Plaintiff as permitted by the Financing Contract. 6. Pursuant to the Financing Contract, Borrower promised to repay the borrowed amount of $31,940.00 plus interest. 7. Pursuant to the terms of the Financing Contract, a security interest in the Manufactured Home was granted or assigned to Plaintiffs predecessor-in-interest, Conseco Bank, Inc. 8. Plaintiffs predecessor-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. 9. Borrower has defaulted under the Financing Contract by failing to make payments when due. As of March 24, 2008, the delinquent payment amount due and owing from Borrower to Plaintiff is $1477.03. 10. As of March 24, 2008, the amount owed by Borrower to Plaintiff, not including costs, -2- attorneys' fees and damages for the unjust retention of the Manufactured Home, is $34,566.04. The interest on said amount is accruing at the daily rate of $12.88. 11. Borrower has failed to surrender the Manufactured Home upon Plaintiffs demand. 12. On January 1, 2008, Plaintiff provided Borrower with a Notice of Default, a true and correct copy of which is marked as Exhibit "C" and is attached hereto and made a part hereof. 13. Plaintiff is now entitled to immediate possession of the Manufactured Home. 14. Plaintiff is entitled to attorneys fees under the terms of the Financial Contract. WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the sum of $34,566.04, plus attorneys fees, costs, interest from March 24, 2008, and damages for the unjust retention of the Manufactured Home. Respectfully submitted, VOELKER ASSOCIATE C. , P.C. Hampton Stoneworks Professional Building 3960 Route 8, Suite 200 Allison Park, PA 15101-3603 (412) 486-8800 Attorneys for Plaintiff Edward Voelker F. & Voelker, Associates Jr. -3- JUL-31-2001 TUE 10:29 AM FAX NO. 1 P. 03 z:I".estttMArv - oo,Yay, GT•10-00.202 (1101) MH-PNSA OHIO. NORTH CAROLINA. PENNSYLVANIA MANUFACTURED HOME PROMISSORY NOTE, SECURITY AG R AND DISCLOSURE STATEMENT (CONN. • FHA - VA SI} D G i 1 MAKER: zzn>i•'.iSYA:l. A.vOELA. 29 I= RD. NEWBGRG. PA 17240 MAKER: CREDITOR: comeco Bank Inc. 2815 E. Cattonwcod Parkvay, Suita 230. Salt Lake City. UT 84121 PERCENTAGE RATE (The cost o1 my credit as a yearly rate.) 1:.06°/6 tie will be: Number of P 360 Amount Financed (The amount of credit provided to me or on my behalf.) $ 31940.00 Amount of 28 Total of Payments (The amount I VA have paid after t have made all payments as scheduled.) $ 145900.8G When Monthly beginnir (estimate). lino tote( cost of my purcnase on credit, incluelnp my down payment of $ 3360.00 ) $ 149460.60 SECURITY: I am giving a security interest in: N/A Other (describe): N/A )M The manufactured home or modular home being purchased or refinanced. N/A Real property located at N/A LATE CHARGE: if a payment is more than 10 days late, I will be charged 10% of the scheduled Installment amouilt PREPAYMENT: If I pay off early, I R may N/A will not be charged a prepayment penalty. XX If 1 pay off early, I will not be entitled to a refund of part of the origination fee. ASSUMPTION: Someone buying my home may subject to underwriting conditions, 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. • Creditor and/or itn affiliates way receive Comdesioas or other cospensation frow buCinaafes to whoa these charges are 4". 1. Amount Given To Me Directly .................. 5 .00 2 "Amounts Paid To Others On My Behalf+: a. Paid to Public Officials ........................ + $ .00 b. Paid to Insurance Companies ................ +3 .00 C, Paid to Appraiser ..........................-- +$ .00 d. Paid to CREDITOR FOR POINTS +$ 1602.410 e. Paid to APPLICATION FEE + g 100.00 f. Paid to FIRST MERIT MORTGAGE +8 31940.00 g. Paid to + 8 .00 h. Paid to + 5 .00 L Paid to + S .00 ). Paid to (, S 00 k. Paid to + $ .00 1. Paid to + $ .00 m.Paid to _ +4 o0 3. Principal Balance 0 + 2a.-m.) ................. i 33642.00 4. Prepaid Finance Charges ......................... TOTAL PREPAID FINANCE CXARCES i 1702.00 $ .OQ S .00 5. Amount Financed (3 4) ............. ...... 4 31940.00 • Creditor and/or its affiliates may receive commissions or other compensation from businesses to whom these charges are due. eanksm Svvtnta, We., St. Claud, MN Form QT-MNPNLAZ-2 111212001 tntaza 01001NAL CHARGE (The dollar amount the credit w1A cost me-) 5 113960.80 PHYSICAL DAMAGE IN RANG Physical Damage Insurance is required but I may obtain it from anyone I want that is acceptable to you. If I got the insurance chocked below from you or through you. I will pay you t - 00 for insurance protection for a term of 00 years. N/A Comprehensive (s .00 deductible) N/A Flood N/A Liability N/A Vendor's Single Interest N/A Other N/A OPTIONAL RED1T LIFE AND DISABILITY Credit Life and Disability Insurance are not required to obtain credit and will not be provided unless I sign and agree to pay the additional cost. The term of this insurance is_ 00 years. N/A Single Credit Life Insurance S .00 N/A Joint Credit Life Insurance S .00 N/A Single Credit Disability Insurance S .00 Total 4 .00 X Signature of Maker(s) Insured Date 4a GT•10.00-202 (1101) Y`° !pose 10,41 E XhiGiT 'A% JUL-31-2001 TUE 1030 AM FAX NO. 1 P. 04 'LirMuCtAn - 00141)" 1. QEFINITIONS- "I," "ma,' or "my" means the Maker(s). "You" or "your" means the Creditor. 'Manufactured Home" means the home or modular home and any property : at now or later is ail4ched to, is a part of, or any benefits or procecos that manufactured arise from the manufactured home, and all supporting obligations. "Proceeds' Includes anything acquired on the sale lease, license, axse from , or other disposition Of the Manufactured Florae any rights and claims arising out of the Manufactured Home; and any collections and distributions on account of the Manufactured Houle. Agreement pr 'Contract". means this romissory Note Security Agreement and Qisclosure Statement; and a mortgage or deed of trust, If applicable. The "parties" means 1, the Maker, and you, the Creditor, together. NEW OR USED YEAR A 1999 RE X? I W?c 2. TRIAL NUMBER SIZE_ 12233575 16 X 76 Stove X Refrigerator NIA._ Washer NIA Dryer X Air Conditioner WA Wheels/Axles LOCATION: The Manufactured Home is located at the following address: 29 TER RD. N> VItG• PA 17240 The land on which the Manufactured Home is located is owned by: MARTIN'S iEp- 3. PROMISE TO PAY: To repay this loan, I promise to pay you U-S. S 33642.00 (the "Principal Balance" as shown on page 1) plus interest from the date of the diaburc-t at the rate(s) of 14.25% _ per annum 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 allowed by law, but should such amount be charged inadvertently, you will refund it to the $149460.90 and my down payment is $3560.00 Contract balance. The Total Sale Price is 4. XX ORIGINATION FEE: I also agree to pay a nonrefundable origination fee of $ 1602.00 and it will be N/A paid in cash. N/A paid pro rata over the loan term, 70t withheld from the proceeds. (If this fee is withheld from the proceeds, the amount is included in the principal sum.) 5. LATE CHARGE: If a payment is made more than 10 days after it is due, I agree to pay a late charge of to'R of the ached%lad installment amount 6. NSF FEE: If any instrument which I submit to you Is returned unpaid for any reason, I will pay you a fee of S 25.00 7. SIMPLE INTEREST CONTRACT: This is a simple Interest contract. Interest will accrue upon the unpaid principal balance outstanding from time to time. The Finance Charge, Total of Payments and Paymcnt Schedule were computed based on the assumption that payment will be made on the dates scheduled for payment. Early payments will reduce my final payment, Late payments will increase my final payment. My final payment will 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. S. SECURITY INTEREST: I give you a security interest under the applicable certificate of title law or Uniform Commercial Code in the Manufactured Home and any property added or attached to it, to secure my obligation under this Agreement. Unless otherwise stated in this Agreement, there are no prior liens on the Manufactured Home. I also grant you a security interest in any interest I may have in premium refunds or proceeds under any insurance covering the Manufactured Home. I agree to execute any application for certificate of title or ownership, financing statement, or other document necessary to perfect your security Interest in the Manufactured Home. To the extent, if any, that any Agreement (whether or not accompanied by any one or more original) constitutes Chattel paper (as such term is defined in the Uniform Commercial Code in effect in the applicable jurisdiction) no security interest in any Agreement may be created in any document(s) 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 I PREPAY IN FULL WITHIN 60 MONTHS OF THE DATE OF THIS NOTE, I WILL PAY YOU A PENALTY OF six months interest on the amount in excess of 20% of the original principal amount Partial prepayments will not excuse or reduce any later scheduled payment until this note is paid in full. 10, NO WARRANTIES: I agree that there are no warranties of any type covering the Manufactured Home. If I am purchasing the Manufactured Home, then it is being purchased AS IS and WITH ALL FAULTS ano THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MANUFACTURED HOME Is WITH ME. I 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 Manufactured Home, This No Warranties provision does not apply to the extent that any law prohibits it and it does not cover any separate writt ranties. iWsn 9ro[rns. Inc., it. Clad, MN f>im CT-M119NLAZ-Z 1/42=01 ONQINAL GT• 10.00.202 (1101) fpsp@ 2 Of 4V IW 9111S1al1 JUL-31-2001 TUE 10:30 AM FAX NO, 1 P, 05 zIlffidLStU'ViN • n, b 10,I j , 11. PROTECTION OF THE MANUFACTURED HOME: I will: (a) keep the Manufactured Home in good condition and not commit waste; (b) pay all taxes, charges and lot rent due for the Manufactured Home and the real estate it is located on; (c) not move, sell, lease or otherwise transfer the Manufactured Home; (d) not use the Manufactured Home for a purpose that will violate any laws or subiect the Manufactured Home to forfeiture or seizure; (e) 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 (f) 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 affixture (or 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. I 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 foss 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 mo, I will repay you for the cost of that insurance, plus interest up to the contract rate of interest. 1 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. I agree that the insurance company may make any payments due under the policy directly to you, and I 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 repai• the Manufactured Home or pay off this Agreement. I give you a power of attorney (which I 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 fail 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 arc 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 I owe you for any insurance (or for late charges, attorneys' fees or collection costs), 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. CHARGES; LIENS: I shall pay all taxes. assessments and other charges, fines, and impositions attributable to the Manufactured Home which may attain a priority under this Agreement. I shall promptly furnish to you all notices of amounts due under this paragraph and, if I make payments on any such amounts directly, I shall promptly furnish to you receipts evidencing such payments. I shall 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 obligation secured by such lien in a manner acceptable to you or shall in good faith contest such lien by, or defend enforcement of such lien in, legot proceedings which operate to prevent the enforcement of the lien or forfeiture of the Manufactured Home or any part thereof. 15. INSPECTION: You may make, or cause to be made, reasonable entries upon and inspections of the Manufactured Home, provided that you shall give me notice prior to any such inspection specifying reasonable cause therefor related to your interest in the Manufactured Home. 16. FORBEARANCE BY CREDITOR NOT A WAIVER: Any forbearance by you in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy, The procurement of insurance or the payment of taxes or other liens 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: I will be in default if: (i) I co not make a payment on time; or (iii i do not keep any of my other promises under this Agreement; or (iii) 1 file a case, or someone else files a case against me, under the United States Bankruptcy Code; or tiv) 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 (iv) does not apply if this Agreement is guaranteed by the Veteran's Administration. You will give me notice of the default except when I voluntarily surrender or abandon the Manufactured Home. I will have the right to cure the default during the notice period. If I do not cure the default, you may do either or both of the following: (a) Acceleration: You can require me to immediately pay you the entire remaining balance of this Agreement; and/or (b) Repossession: You can repossess the Manufactured Home. Once You get; possession of the Manufactured Home you may sell it. If the amount from the sale, after expenses, is less than what I owe you, i 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 money to correct my default, I will pay you back immediately with interest at the contract rate of interest. 10. FILING: I authorize you to file a financing statement covering the Manufactured Home, I agree to comply with and 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 manner, (a) 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 Home 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 your 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 and payable. If you exercise such option to accelerate, you shall mail to me thirty (30) days prior notice of acceleration in accordance with the notice provision herein. If I fait to pay such sums prior to the expiration of such period, you may, without further notice or demand on me, invoke any remedies permitted under law. 21. ATTORNEY'S FEES: If you hire an attorney who is not a salaried employee to collect what I owe under this Agreement or to get possession of the Manufactured Home or to enforce my agreements herein, i will pay your statutory attorney's fees plus court costs and out-of-pocket expenses, if allowed by law. This provision does not apply if this contract was executed in Ohio. 22. NAME AND LOCATION: My name and address indicated on page 1 are my exact legal name and ?y.pr.ncipal residence. I will provide you with at least 30 days notice prior to changing my name or principal residence. r I A Comkolr Svtrcow, Inc., +1. Cloud, MN F9- OT-WIFNLAZ•2 1/J2/2001 OWgNAL OT-t0I e0.202 (l/C ,e rdlil 4pp0e 3 0/ 4) JUL-31-2001 TUE 10;31 AM FAX NO, 1 P. 06 LIrwwdtt"' - JJ'.'0,. 23. ASSUMPTION: if the Creditor's policies in effect at the time permit, an assumption of this Contract by another qualified party may be considered. All assurllptionS arc at the Creditor's sale discretion and will be subject to the conditions that are in effect at the time the assumption Is requested. All conditions are determined solely by the Creditor and are subject to change at anytime without notice. 24. MISCELLANEOUS PROVISIONS: This written Agreement is the only agreement that covers my loan. This Agreement can only to 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 cxtendin others. If arly part of this Agreement cannot be enforced because of a law which prohibits it, all other parts can still be enforced. To the extent allowed by law, I waive the benefit of my homestead and personal property exemption as to this Contract. My waiver applies only to the property 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 $601 at seq. (Chapter 56: Decedents, Estates and Fiduciaries Coce). By exercising any of your rights under this note, you do so for your sole benefit. I agree to cooperate with you regarding any requests after closing to correct errors made concerning this Agreement or the transaction and to provide any and all additional documentation deemed necessary by you to complete this transaction. It 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 will credit such refund against the principal balance of the Contract. 25. ARBITRATION: 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 resolve disputes. The parties understand that they have a right or opportunity to litigate disputes in court, but that they prefer to resolve their disputes through arbitration, except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY YOU JAS PROVIDED HEREINI• The partles agree and understand that all disputes arising under case law, statutory law, and all other laws including, but not limited to, all contract, tort, and property disputes, wilt be subject to binding arbitration in accord with this agreement. I 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 powers 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 hereunto 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 loan, including fees and enlarges constituting interest under federal statutory or regulatory law, is governed by the laws of the State of Utah and applicable federal law . All other terms of this loan are governed by the laws of the State of Pennsylvania 27. ADDITIONAL TERMS: '1'hiS loan is sot made urntil the daeunents have been reviewed and accepted by us. 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, /''AIAZCER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT, UTION - IT IS IMI IRE 1NM BRA 01 THAT YOU THOROUGHLY READ THE NT BEFORE YOU SIGN IT. 1 MakerX Signature Date 11a*&. Sm ms. Inc.. OL Ck#'A, MN P;m 6RMHPNLA2.2 1!22/:001 anaml. GT-1000.202 111011 rpsps 4 o/ 4J •• r Y CND, gn. l T y ?.r 1 %th [ 1r ' N /) V/ `A h- N C) 0 0 . ` W Y, N W ?a t R ?1 .. +i -ti? TM?i6OOno Uda FELLA W by 'oazoa7 t ,r 1,7 w INE -'DR '' ?-. 57703 y n? e Y MR lr oerw woo d OM ?..rjlrr+. R 1?1 ihr ar aonpy once Mwb Y tK IrrU o•rr - - `-? ___.. .. 6IaNeq M i I ION #w ym 6wnw to hWAw owe' a 18r L1004OLDVA i ! ?,-j ANA OF A NOTARY: 4?? MY s ...r wwwicv? eaenrvnoe( sm tloa GAVE .. Y .•..N'1 ?.Cwr? w nr r w" wrrr rrorn tiY?r1 M 1w. ... - ? LifCNIdLpEH - ?? ?'. ua^m,ovm Mao ? 1 Y AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens) MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA, (HO) X RI, SD, TN, TX (HO), UT, VT, VA, WA, WY ?? NOTICE OF DEFAULT Gi] £j 11lTTD E L? AND l? $,rJw?l'`? it Ti RIGHT TO CURE DEFAULT Date of Notice: 01/30/2008 Certified Mail Receipt No. 71067112169004310081 Angela Zimmerman Green Tree Consumer Discount Company 211 Bishop Rd Three Executive Park Drive Suite 14 Mechanicsburg, PA 17055-5804 Bedford, NH 03110 800-043-0202 Account No: 183753540 Creditor: Green Tree Consumer Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of. 2 payments past due(plus $204.88 in fees and charges) totaling $688.62. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $688.62, which consists of $483.74 for past due payments and $204.88 for late charges, or by doing the following: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $34,137.49 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 bring a court action to assert the nonexistence of your default or any other defense you may have to acceleration and foreclosure. If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This is ? I I 771110- O W 0 cc a d W X O LU F, CC CC 1.6 U a W J Lu CC 2O zaa = L) W F- LU 0 Green Tree Consumer Discount Company Tempe III 7360 South Kyrene Rd Tempe, AZ 85283-4583 7107 v M X to Z Z D M0 OFm_ rn > n ?O m y 11 C m O z v DIM PS Form 3811, July 2001 Domestic Serum Receipt a debt and any information 3. service Type C911TIRUD MAIL 4. Restricted Delivery? (ExHa Fee) ?Ves 1. Article Addressed to: X H YES, sole, d.6-ry add_ b.1- ? Ao.m ? Addre ? yes ? No X P-1k 16 1 1" 1, r. 1 VERIFICATION I, Jennifer Lockerman, 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 unworn falsification to authorities, that the facts set forth in the foregoing are true and correct to the best of my information and belief. t r. J nnifer ockerman ',Collection Manager Green Tree Consumer Discount Company P ? 3 GA) 93 00 c 00 1\ J U1 O fl. ? L r#?r- ? d ca w 0 t ?.w3 CX) 9-n sr? ro ? 4 (5 E. (n SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02212 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS ZIMMERMAN ANGELA R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZIMMERMAN ANGELA but was unable to locate Her in his bailiwick. He therefore returns the / ^VIRT1T T -r kTT r T.T/lTT ("Ll the within named DEFENDANT ZIMMERMAN ANGELA NIOT FOUND , as to 211 BISHOP ROAD _ MECHANICSBURG, PA 17055 DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS. NO FORWARDING ON FILE AT POST OFFICE. HER #_IS 717-7p6-5929 Sheriff's Costs: So answer Docketing 18.00 Service 10.00 Not Found 5.00 R. Th omas Kline Surcharge 10.00 Sheriff of Cumberland County .00 - 43.00 VOELKER & ASSOCIATES 05/06/2008 ,5/9/08 Sworn and Subscribed to before me this day of A. D.