HomeMy WebLinkAbout04-0799IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company f/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
CIVIL DIVISION
No. 04 - 799 ??vil,??2r?'1
Complaint in Civil Action - Replevin
V.
Carol E. Wetzel and Kenneth L.
Wetzel,
Filed on behalf of:
Green Tree Consumer Discount
Company f/k/a Conseco Finance
Consumer Discount Company
Defendants.
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 RECEIPTOF 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/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
V.
Carol E. Wetzel and Kenneth L.
Wetzel,
Defendants.
NOTICE
CIVIL DIVISION
No.
Complaint in Replevin
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.
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/k/a Conseco Finance
Consumer Discount Company,
Plaintiff,
V.
Carol E. Wetzel and Kenneth L.
Wetzel,
Defendants.
CIVIL DIVISION
No. 04 - (21
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 LI EN AGAINST
PROPERTY.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company f/k/a 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 Companyf/k/a 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 III, 105 Bradford Road, Suite
200, Wexford, PA 15090.
2. Carol E. Wetzel and Kenneth L. Wetzel, hereinafter referred to as
"Defendants," are individuals whose last known address is 229 Meals Drive, Lot 229,
Carlisle, PA 17013.
3. On or about September 21, 2001, Defendants purchased a 1991 Skyline Sun
Haven Manufactured Home, Serial Number 50110321D, (the "Mobile Home"), from
Conseco Bank, Inc., (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A."
4. Seller perfected its security interest in said Mobile Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title
is attached hereto as Exhibit "B."
5. Seller transferred its right, title and interest in the Security Agreement to
Conseco Finance Consumer Discount Company.
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, Plaintiff herein.
7. Plaintiff avers that the approximate retail value of said Mobile Home is
$19,000.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
8. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of February 6, 2004, the Defendants' payments of
interest and principal were in arrears in the amount of $968.88. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of
February 6, 2004, is $20,406.32.
9. Plaintiff provided Defendants 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."
10. Defendants failed to cure the default or return the Mobile Home upon
Plaintiffs demand.
11. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
12. The Security Agreement provides that in the event of default, Defendants will
pay:
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.
13. 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 Defendants to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNTII-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:
14. Paragraphs 1 through 13 of this Complaint are incorporated herein by
reference as though fully set forth.
15. 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 Defendants in the amount of $20,406.32 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
Erin P. yer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
LAGreen Tree\Wetzel, Carol & Kenneth\CM - Replevin.wpd
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
/ RAA/A4-/-4 ZA M /I i
Carmine M. Amelio, Regional Manager
LAGreen Tree\GENERAL\Verifi ation.Amelio.wpd
fGT-10-00202 n;Oll MH-PNSA OHIO, NORTH CAROLINA, PENNSYLVANiIA AeY a - OSR.6"r76
MANUFACTURED HOME PR NOTE, AGREEMENT AND DISCLOSURE STOATIEMENT CONVS FHAI- VA) (S0 I Date ?'•r a"21 r)I_
MAKER: CAROL E WETZEL, 229 HEALS DRIVE LOT 229, CARLISLE. PA 17013 I ?? tf(r? /'tV
MAKER: KENNETH L WETZEL, 229 HEALS DRIVE LOT 229, CARLISLE. PA 17013 ? to V 13L_-__ _._
CREDITOR: cONeECO SANK, INC. 2825 EAST COTTONWOOD PARKWAY, SUITE 230 SALT LAKE CITY, UT 84121
_ FEDERAL TRUTH-IN-LENDING ACT DISCLOSURES
ANNUAL FINANCE Amount Total of Payments Total Sale Price
PERCENTAGE RATE CHARGE Financed (The amount l will hws iihe total cost of my purchase
'
(The cost of my credit as a IThe dollar amount the (The amount of credit provided paN ahalhave made ah credit, '
my doum
payment
t
yearly reta.l credit mill cast ma.) to me at on my behalf.) payments as scheduled.) f . 0o
a,
14.68 % .S 37,536_60 .4 17.829.00 55,365.60 S 57,965 D
My Payment Schedule will be:
Number of Payments Amount of Payments When Pay nts Are Due
240 290.69 Monthly beginrungi pQV -( ;-V-Q _.
(estimate).
_ J
SECURITY: I am giving a security interest in: N/A Other (describe) N/A
x 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 JO days late, I will be charged lot of the scheduled installment amount
PREPAYMENT: If I payoff early, 1 x may N/A will not be charged a prepayment penalty.
x If I pay off early. I will not be entitled to a refund of part of the origination fee.
ASSUMPTION: Someone buying my home Att may subject to underwriting conditions, N)8 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.
ITEMIZATION OF THE AMOUNT FINANCED
1. Amount Given To Me Directly ................ .. $
2. Amounts Paid To Others On My Behalf e:
a. Paid to Public Officials ....................... . + $ 0.00
It. Paid to Insurance Companies .............. .. +$ 0.00
c. Paid to Appraiser ............................... .. + S 0.00
d. Paid to SEE ATrACHKRNT +$
e. Paid to TOTAL AMOUNT MON ATTAC124ENT+$ 17,929.00
f. Paid to + S
g. Paid to + $
h. Paid to + $
i. Paid to + $
j. Paid to_ _ + $
k. Paid to + $
1. Paid to +$
m.Paid to CREDITOR FOR PTS/ORIG. Fee + $ 896.45
3. Principal Balance (1 + 2a.-m.l • ............... . S. 18,925.45
4. Prepaid Finance Charges ........................ .
TOTAL PREPAID FINANCE CHARGES $ 996.45
5. Amount Financed (3 - 41 ........................ . S 17.829.00
j Creditor and/or its affiliates may receive commissions or other
compensation from businesses to wham these charges are due.
PHYSICAL DAMAGE INSURANCE
Physical Damage Insurance is required but I may obtain it from
anyone t want that is acceptable to you. if I get the insurance
checked below from you or though you. I will pay you
S N/A for insurance protection for a term of !/A __ years.
N/A Comprehensive (S_ 1d/A deductible)
N/A Flood
N/A Liability N/A Vendor's Single Interest
W/A Other N/A
OPTIONAL CREDIT LIFE AND DISABILITY
Credit Life and Disability Insurance are not required to obtain
credit and will not be provided unless t sign and agree to pay the
additional cost.
The tern of this insurance is N/A years-
N/A Single Credit Life Insurance $ 0. On N/A Joint Credit Life Insurance $ N%A Single Credit Disability Insurance S
Total
X
Signature 0f Makerlsl insured ? ? Date
I.. A. Cb . 1AN F..,m GT-MHPNLAr-2 112212001 01030"t
!nT In On 2i r? 11r01 1 V? 6 l` ll 'tr'r(rt? i 111-!.
EXHIBIT "A"
1. DEFINITIONS: '1,'
manufactured home c
arise from the menu(
exchange, or otter d
collections and distrib
Agreement and Disch
Creditor, together.
NEW OR
USED YEAR AND MAKE
u 1991 SKYW" CARPQRATIOW
CONTRACT AND SECURITY AGREEMENT
ens the MakeRsl. 'You' or 'your' means theCn
f mw prow rty Mat now or later is attached to, is a
APP a - 05766776
Home'
or
Manufactured Home
1 MODEL I SERIAL NUMBER
rural HAVEN 501103221)
SIZE
14 x70
X Stove X Refrigerator x Washer x Dryer WA Air Conditioner a A Wheels/Axles
Other
(DescribelI x/A
2. LOCATION: The Manufactured Home is located at the following address: 229 xRALS DRIVE toy 229, GRLISLR, PA 17013
. The land on which the Manufactured Home is boated is owned by: NEAW reP
3. PROMISE TO PAY: To repay this ban, I promise to pay you U.S. 8 18,$25.45 (the "Principal Balance" as shown
on page I I plus Interest from the date of the aiebuteaeent
at the rate(s) of 13.7504
Per annum according to the Payment schedule set forth on page 1, phis other amounts as agreed and allowed by bow. It is not your
intention to charge any amount which is riot allowed by law, but should such amount be charged Inadvertently, you will refund it to the
Contract balance. The Total Sale Peke Is 20, 429.90 and my down payment In 2,600.00 .
4. x ORIONATiON FEE I also agree to pay a nonrefundable origination fee of $ 896.45 , and it will be RIA paid in
cash. N/A paid pro rata over the loan term. X withheld from the proceeds. ill 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 10.0% of the
scheduled iestallanat aeormt
S. NSF FEE: ff any instrument which I submit to you is returned unpaid for arty reason. 1 wig 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 Payment Schedule were computed based on On
assumption that payment will be made on the dates scheduled for payment Early. payments WIN reduce my final payment Late
payments will increase my final payment. My fire) payment will be equal to all urriaal arms 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 titte law or Uniform Commercial Code in the
Manufactured Home and any property added or attached to it, to secure my obligation urrder this Agreement. Unless otherwise stated
in this Agreement, there are no prior Kerns on the Manufactured Home. 1 also gran you a security Interest in any interest 1 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 accompa tied by any one or more original) constitutes chattel paper iss such
term is defined in the Unifomu Commercial Code In effect in the applicable jurisdiction) no security interest in any Agreement may be
created in any documentlsl other than the Original.
9. PREPAYMENT: 1 MAY PREPAY THIS NOTE IN PART OR IN FULL AT ANYTIME. 1 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, 1 WILL PAY YOU A PENALTY OF
6 months interest on the amount in excess of 202 of the original DrineiDat
amount
. Partial pibpaVniONta wW
not excuse or reduce any later scheduled paymertt until this note is paid in full.
10. NO WARRANTIES: I agree that there are no warranties of any type covermng the Manufactured Home. If I am purcheskp the
Manufactured Home then it is being purchased AS IS and WITH ALL FAULTS and THE ENTIRE NU AS TO THE DUALITY AND
PEnFoRmi CE OF IAE MANUFACTLRED HOME IS WITH ME. 1 agree that any implied warranty of mephar ability and any implied
warranty of fitness for a particular purpose are specifically excluded and do not cover the Manufactued Home. This No Warranties
provision does not apply to the extent that any law prohibits it and it does not cover any separate wru warrantier
ass.,. 9,mpn?. Ire.. ft. Ce , YM Fpm aT-MN -2 lalt200f gernegL eT-10.00-202 IrS 2 of 4)
APP a - U596p1/6
11, PROTECTION OF THE MANUFACTURED HOME: I will (al 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; ic) 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 subject the
Manufactured Home to forfeiture or seizure; le) riot attach the Manufactured Home to any real estate and the Manufactured Hume will
always be treated as personal property unless you consent in writing and state law permits such contrary treatment; and Iq 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 (or other siruilar
instrument identifying the property as a fixture) has been recorded, my Manufactured Hone is and shall remain personal property arid 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. 1 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: I 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. 1 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 me, 1 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 1 direct the insurarx:e
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
Manufactured Home or pay off this Agreement. I give you a power of attorney (which 1 cannot cancel) so that you may do whatever
you need to in order to collect the insurance proceeds. If 1 fail to obtain, maintain or pay for the required insurance, or it 1 fait 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 I owe you for any insurance for for late charges, attorneys' fees or collection costs), 1 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 an taxes, assessments and other charges, fines, and impositions attributable to the Manufactured
Home which may attain a priority under this Agreement. 1 shall promptly furnish to you all notices of amounts due under this paragraph
arid, if I make payments on any such amounts directly, 1 shall promptly furnish to you receipts evidencing such payments. 1 shall
promptly discharge any lien which has priority over this Agreement provided that I shalt not be required to discharge any such lien so
long as I stall 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, legal proceedings which operate to prevem the enforcement of ttw 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.
76. FORBEARANCE BY CREDITOR NOT A WAIVER: Any forbearance by you in exercising any tight w 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 insurarx:e
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 do not make a payment on time; or (ill I do not keep any of my other promises under this
Agreement; or (iii) I file a case, or someone else files a case against me, under the United States Bankruptcy Code; or (iv) you feel in
good faith that the Manufactured Home is in danger or that 1 will not be able to continue my payments. The default described under liv)
does not apply if this Agreement is guaranteed by the Veteran's Administration. You will give me notice of the detault except when I
voluntarily surrender or abandon the Manufactured Home. i will have the right to cure (he default during the notice Perini]. It I do not
cure the default, you may do either or both of the following: lal Acceleration: You can require me to immediately pay you the entire
remaining balance of this Agreement; and/or lb) Repossession: You can repossess the Manufactured Home. Once you get possession of
the Manufactured Home you may sell it. If the amomit from the sale, after expenses, is less than what I owe you, I will pay you the
difference, where allowed by taw, It there is any property left in the Manufactured Home when you repossess, you may dispose of it as
provided by law. It 1 default, you can do whatever is necessary to correct my default. If you spend money to correct my detach, I will
pay you back immediately with interest at the contract rate of interest,
18. FILING: 1 authorize you to file a financing statement covering the Manufactured Home. I agree to comply with aril facilitate your
requests in connection with obtaining possession of or control over the Manufactured Home until this security agreement is ternunated.
A copy of this security agreement may be used as a financing statement when allowed by law.
18. NOTICE., Except for any notice required under applicable law to be given in another mariner, (a) any notice to me provided )ar 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 it writing.
20. TRANSFER OF PROPERTY: If all or any part of the Manufactured Home or interest therein is sold or otherwise transferred by rno
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 sul:h (,print) lt)
accelerate, you shall mail to me thirty (301 days prior notice of acceleration in accordance with the notice provision herein. It 1 fail to
pay such sums prior to the expiration of such period, you may, without further notice or demand oil rile, invoke any remedies permit l if
under law.
21. ATTORNEY'S FEES: If you hire an attorney who is not a salaried employee to collect what 1 owe under this Agreurocmt or ill gel
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 riot apply it this contract was executed in Ohio.
22. NAME AND LOCATION: My name and address indicated on page 1 are my exact legal narne and my Principal residence. 1 will
provide you with at least 30 days notice prior to changing my name or principal residence.
CPNPA3 t ( ' )/
ll d .$yV,?N,Inc., 51. Clot. MNrpm.1"MHMA2-= 1112120p1 ONUN,4 or W00-2t):! 111C1*?1y/`^? ?V/41
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APP a - 05766776
23, ASSUMPTION: If the Creditor's policies in effect at the time permit, an assumption of this Contract by another qualified party may
he considered. All assumptions are at the Creditor's sole discretion and will be subject to the conditions that are in effect at the tinrte
the assumption is requested. All conditions are determined solely by the Creditor and are subject to charge at anytime without notice.
24. MISCE LANEDUS PROVISIONS: This written Agreement is the only agreement that covers my loon. 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 of 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. R any part of this Agreement cannot be enforced because of a law which prohibits it, all
outer parts can still be enforced. To the extent allowed by low, 1 waive the benefit of my homestead and personal property, exemption
as to this Contract. My waiver applies on to the propert y aecurinp the payment of this Contract. Any provision that appoints you as
an agent is not subject to the provision of 20 Pa. S.A. Section 5(301 at seq. (Chapter 55; Decedents, Estates and Fiduciaries Code).
By exercising any of your rights tinder this note, you de so for you sole benefit. I agree to cooperate with you regarding any requests
after closing to correct errors made conceming this Agreement or the transaction and to provide any and all additional documentation
deemed necessary by you to complete this transaction. If 1 purchase credit insurance or other elective product with the proceeds of the
Contract, and such product is later canceled and a refuel owed, you will credit such refuel against the principal balance of the
Contract.
25. ARBITRATION: AN 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 S 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 5tiyate_disputea_ in court, but that they prefer to
----"- ---- -- - - - - - --
ACTION BY YOU U ( (AS PROVIDED HEII9/1• Tke paellas agree and understand that all disputes arising under case taw, statutory new,
and all otter laws Including, but not lmited to, all comrset, tort, and property disputes, will be subject to baling arbitration in accord
with this agreement. 1 agree that 1 shall not have the right to participate as a representative or a member of am class of claimants
pertaining to any claim arising from or relating to this Agreement. The parties agree and understand flat the arbitrator shall have all
,powers provided by law and the Agreement. These powers shat indude 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 M a transaction underlying thim arbitration
agreement, to enforce the monetary obligation or to foreclose on the Collateral. Such judicial relief wield take the form of a lawsuit.
The institution and maintenance of an action for judicial relief In a teat to foreclose upon any collateral, to obtain a monetary judgmem
or to enforce the security agreement, shall not constitute a waver 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 sun 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 charges constituting
interest under federal statutory or regulatory law, is governed by the laws of the State of Utah and APPlicable Faftral Lew
- AN otter terns of this loan are governed by the laws of the State of
PteSIayLVANIA
27. ADDITIONAL TENNIS:
THIS LOAN IS NOT MADE UNTIL THE DOCUMENTS HAVE BEEN REVIEWED AND ACCEPTED BY
CREDITOR.
NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS
AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR
SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR
SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO MAKER(SI: 7. DO NOT SION THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS
ANY BLANK SPACES. 2. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT.
MAKER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT.
CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE
ENTIRE AGREEMENT BEFORE YOU SIGN IT.
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EXHIBIT "B"
FEB.19.2004 4:53PM CONSECO FINANCE N0.643 - P.23-- -
AL, AZ, AR, CT, DE, DC, FL, GA, IA. (LEE MM), ID, IL, IN, KY, LA, MA (LM, MD, ME (LH First Ling),
NM MN, MO (IZ Hirst Liens), M% MT, NE, NVt N$ NJ (SO), NM, NY, NC, ND, OA, OK. OR, PA (110),
RI, 8D, TN, TX (HO), UT, VT, VA, WA, WI (LH First Liens), WV (LE), WY
NOTICE OP' DEFAULT
AND
.., ... ._ - ... ...... ,... , ., RIGHT TO CURE DEFAULT
Date of Notice: I-26-04
KENNETH WETZEL
229 MEALS DRTVE LOT 239
CARLMLE, PA 11013
Aecouat No: 18376120
CERTUM MAIL RECEIPT N0.
GREEN TREE CONSUMER DISCOUNT CO.
108 BRADFORD ROAD SUITE 200
WEXFORD, PA 18090
1.800-245.1340
CREDITOR GREEN TREE CONSUMM DISCOUNT Co.
Credit Troasaction: MANUFACTURED ROME ACCOUNT
You are now in dCbWt on this credit transaction, You have the right to correct this deiiitdt within 30 days from the
pbstmarked date of this Notice,
If you correct the default, you may continue with the oontract as thought you did not default.
Yom defaait consists at 4 psyments(plus NA in fees and charges) totaling 8968.88.
Care of default: Within 30 dgya from the postmarked date of this Notice you may cure your defnilt by paying 5968.88
which consists of $968,SWr vast du@ usvsnent"ud NA A"kchareea, oebv dolne the lhllowinsrt NA,
Creditors rights: Ifyeu do not correct your default in the time allowed, the creditor may eceroise its rights against you
trade the law by taking legal action to repossess or frecloae on its collateral.
Ifyou W to care the t0tel amount o£yoty de&ult 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 fu payment of the contract is the
amotmt$19271,57&WbAdue SAO pavehlp_.Hvlthout, W further notlefrom the ercdltor4Additionalesnenses, la"tt
and VbAr suieured-aftx11e date oftAiigAWce shall alto-se due and u Avable:
If you have questions, write Gree Trea Coosorner Dis. Co. at the above address or call the Bombes provided.
If this detult was caused by your More to make a payment of payments, and you want to pay by mall, send a cashier's_
check or money order. Do not send cash. Other payment arrangemeats may be made by contacting Gree Tree Constuner
Dis,Co.
EXHIBIT "C"
FEH.19.2004 4:53PM CONSECO FINANCE
NO. 643 P.24
AL, AZ, AR, Cr, DE, DC, FL, GA, 1A (LH PMM), M, IL, IN, KY, LA, MA (La), MD, ME (LH First Liens),
MI, MN, MO (LH First Liens), MS, MT, NE7 NV, N13, NJ (HO), NM, NY, NC, ND, OH4 OF:, OR, PA (130),
A SD, TN, TX (HO), UT, VT, VA, WA, WI (LE First Liens), WV (I.1T), WY
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date ofNotice:1-26-04
CAROL WETZEL
229 MEALS DRIVE LOT 229
CARL>ME, PA 17013
Aooount No: 18376120
CERTE711 D MAIL RECBIFT NO.
GREEN TREE CONSUMER DISCOUNT CO,
105 BRADFORD ROAD SUM 200
WEXFORD, PA 15090
1.800.245-1340
CREDITOR GREEN TREE CONSUMER DISCOUNT Co.
Credit Transactim MAMACTUBM HOM$ ACCOUNT
You tro now in delhult oa this credit transaction. You have the rii;ht to oerrect this dcffiult within 30 days from the
postmarked date ofthis Notice.
Ifyou correct the deffiuly you may continue with the contract as thought you did not default.
Year delbult consists of. 4 paymeats(plus NA in keg and ebarges) totaling 5968.s8.
Care of default: Wlthin 30 days from the postmarked date of this Notice, you may care your doi ult by paying S268.8R
which consists of39b8 8S1bEpgat dne gpyments an-iNASer late charRgs. or Iw dome the tb.youwine: NA.
Creditors rlgbtsa Ifyou do not =Tact your delult in the time allowed, the creditor may exercise its rights against you
under the law by tatting legal action to repossess or fitreclose on its collateral.
1Pyou fail to cure the total amount of your default within the stns pariod described above, then as of 30 days from the
postmark of this Notice, the maturity of this contact is automatically accelerated and full payment of the contract in the
amoumd19271.57shallbedue stnd payable without -w further notice from the credhmAdditional Menses. interest
Ind charees acqur"er the dens dAis notice shall also be due anal payable.
Ify you have questions, write Gres Tree Consumer Dis, Co, at the above address or call the number provided.
If this default was caused by your hilure to make a payment ofpsymmts, and you want to pay by maii, send a cashier's
check or money order. Do not send cash. Other payment arrangements may be made by contacting Gree Tree Consumer
Dis.Co.
U2
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00799 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
WETZEL CAROL E ET AL
JODY SMITH
, 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 1245:00 HOURS, on the 3rd day of March 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
CAROL WETZEL
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 .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this q, day of
?h2r,j, a60 A.D.
Prothonotary '
So Answers:
R. Thomas Kline
03/03/2004
DYER LAW FIRM
By JOOGa,
Deputyy{{ Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00799 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
WETZEL CAROL E ET AL
JODY SMITH
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
DEFENDANT , at 1245:00 HOURS, on the 3rd day of March
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
KENNETH WETZEL
by handing to
the
2004
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
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00 R. Thomas Kline
.00
16.00 03/03/2004
DYER LAW FIRM
Sworn and Subscribed to before
me this day of
Ot A,.D.
honotarr yw?
By: Deputy erif
Renee K. Simpson
Deputy Prothonotary
Curtis R. Long
Prothonotary
- a? t e ??at?jo?•vt?c?p
c?tttce ?l
(Suraberianb uCauntp
John E. Slike
Solicitor
CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
VEMBER 2407 AFTER MAILING NOTICE OF
p,ND OW THIS 5TH DAY OF NO SPONSE
RECEIVING NO RE
N
ATED WITH PRENDICE IN ACCORDANCE NTH PA
INTENTION TO Y ?ERMIN
AND CASE IS HERE
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
•sle, Pennsylvania 17013 (717) 240-6195 Fax (717) 240-6573
one Courthouse Square Carh