HomeMy WebLinkAbout08-4303V
Y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
as Agent and Servicer for BankAmerica
Housing Services, a division of Bank of
America, FSB,
Plaintiff,
V.
Deborah M. Morton and Dale E. Morton, Jr.,
Defendants.
CIVIL DIVISION
f tl^?
No. D$- Y3 d 3 t N;
TYPE OF PLEADING:
Complaint in Replevin
FILED ON BEHALF OF PLAINTIFF:
Green Tree'Consumer Discount Company,
as Agent and Servicer for BankAmerica
Housing Services, a division of Bank of
America, FSB
COUNSEL OF RECORD:
dward F. Voelker, Jr.
I
PA I.D. #55414
Cynthia M. Dornish
PA I.D. #59890
Voelker & Associates, P.C.
Firm #332
Hampton Stoneworks Professional BtiIdin'g
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,
as Agent and Servicer for BankAmerica
Housing Services, a division of Bank of
America, FSB,
`Plaintiff,
v.
Deborah M. Morton and Dale E. Morton, Jr.,
Defendants.
CIVIL DIVISION
No. 6?-4303 ch;l -fat%.
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 bythe:
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, as
Agent and Servicer for BankAmerica Housing
Services, a division of Bank of America, FSB,
Plaintiff,
V.
Deborah M. Morton and Dale E. Morton, Jr.,
CIVIL DIVISION
No. 0 F( - y 3 03 c d a; I -f cr^
Defendants.
i
COMPLAINT IN REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, as Agent and Servicer for :.
BankAmerica Housing Services, a division of Bank of America, FSB, 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. Deborah M. Morton and Dale E. Morton, Jr., hereinafter referred to as "Borrowers,"
are individuals whose last known address is 16 Mountainview Terrace Lot 16, Newville, PA, 17241.
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 March 12, 1997, Borrowers entered into a "Retail Installment Contract
and Security Agreement," hereinafter referred to as the "Financing Contract," whereby Borrowers
fip_anced a 1988 Clayton Ridgewood manufactured home (serial no. CM043534) with certain-
-I-
furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter
collectively referred to as the "Manufactured Home." A true and 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 16
Mountainview Terrace Lot 16, Newville, PA, 17241.
5. The Financing Contract was subsequently assigned for value to Plaintiffs principal
as permitted by the Financing Contract.
6. Pursuant to the Financing" Contract,' Borrowers promised to repay the borrowed
amount of $16,820.00 plus interest.
7. Pursuant to the terms of the Financing Contract, a security interest in the
Manufactured Home was granted or assigned to Plaintiffs principal
8. Plaintiffs principal 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. Borrowers have defaulted under the Financing Contract by failing to make payments
when due. As of July 9, 2008, the delinquent payment amount due and owing from Borrowers to
Plaintiff is $892.01.
10. As of July 9, 2008, the amount owed by Borrowers to Plaintiff, not including costs,
attorneys' fees and damages for the unjust retention of the Manufactured Home, is $11,051.23. The
-2-
interest on said amount is accruing at the daily rate of $2.69.
11. Borrowers have failed to surrender the Manufactured Home upon Plaintiffs demand.
12. On June 3, 2008, Plaintiffprovided each Borrower with a Notice of Default, true and
correct copies of which are marked as Exhibits "C" and "D" and are 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'$11,051.23, plus attorneys fees, costs, interest from July 9, 2008, and damages for the unjust
retention of the Manufactured Home.
Respectfully submitted,
& ASSOCIATES, P
I - ..v -
Cynt is M. Domish
Attorneys for Plaintiff
Voelker & Associates, P.C.
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
-3-
W H FIXED RAh CONTRACT
.1 1 PENNSYLVANIA LOAN PU?l*_P'01
" OFFICE NuMEEA:^
RETAIL INSTALLMENT CONTRACT 7 97 9 015
7 5 oa 1 s
SECURITY AGREEMENT MINIMUM-
and DEALER No
CONT ACCT No.:
"y'+whJ1?T?' _ rte`
NAME DEBORAH M. MORTON
BUYWS): NAME-_. DALE E . MORTON 3R
NAME: cwwy.cuMBERLAND
NAME _
A PA zM. 17 013
Aaoiteos: 318 N W ST STREET _ txrr CARLISLE sTwTE:
WOW-717 240-0817_ &WC.Atak 183-62-7633 203 548738
PRC13000 LOCAnON OF MAN OACTURW HOME: MOUTAINVIEW TERRACE LOT 16 NEWVILLE, PA 17241 ur" moon the,
1 " "ms.' "myself' or %mv- mean all perspn.;who sign this contract an buyer or cobuysr, jointly.¦nd severally, and 'va r * ba assigned to
eellor and any assignee. This contract will be subrrittsd to the Creditor indicated below. at a local ofFics and. if approved. It
that Creditor. On the dots of this contract I buy from you, on a credit sale basis the manufactured home described below, together with,
furnishings, equipment, applisncsl* ¦nd eccessores 6ducled in the manufactured home ¦t the time of purchase (called Vanufactured Home*),
CREDITOR: BANKAMERICA HOUSIT NG SERVICES, A DIVISION OF SANK OF AMERICA, F5B
paaaiptiop of
Manufactured tNAOE NAN-
}fame:
SaftkL
CLAYTON
YEAH: as
_
'CM043534
ITEM »•^ U
AD01TIONAL
ACCESSORIES
AND Ft,IRNISHING$-
MODEL: _RIDGEWOOD
USED.. X LENOTH: 70 _x vVIOTFt 14 n.
NEW _
tiElilAL NLadBEfl "+?A -Whi ... I w ITEM U;:ac: aaal8ll :.
-r
SEfaAL NUMRR
PROMISE TO PAY: I promise to pay you the Unpaid Bslsncs shown on page 2 of this contract (Rem 5) with interest at the rats of:
ORIGINAL COPY PAWORs
l60mtllea PA
P-Ublf "-A,
13.25 %pef
year until the debt is fuliy paid, YIl pay this amount in inatatlmsnta as shown in the paYrnant schedule, Each monthiy payment will bs applied as
o
.IIe..6. A rhea. the interest rats is the Annual Percentage Reta ch?+rn below.
.. _a .?_
1. Cash Price(incl, Sales Tax of S .00),$ 17,
2. a. Cash Downpatrment 3 1, 87 0. 00
b. Tradedrt (Year. Make. Model):
Length Width _
Gross Volvo $ . 0 0 Liens $ -.00
t5+wr % p.r am
Not Trodedn Value $ .00
'total Downpayment
3. Unpaid Balance of Cash Price. (1 minus 2) $ 16,030.00
4. Amounts paid to others on my behalf:
a. To Insurance Companies:
(1) Property Insurance S 770.00
(;)Credit Life fnsurshce $ .00
b..To Public Officials:
(1) Certificate of Title $ 15.0 D
'(2) -FIL'ING' FE-75 $ 5 .00
c. To Creditor:
For: 5 .00
-
a. To-
For:
s .00
s. To:
For; _ ,.._
$ 00
f. To:
.....? ?
For,
S .00
g- To;
For:
Total (a+b*c*dwa f*gl $ 790.00
5. Unpaid Balance (3 plus 4) $ 16,820.00
6, Prepaid "Finance Charge
7. Amount Financed (6 minuo o) 5 16,820.00
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the tern of this
contract. I have the ht to choose the person through
whom 0 is obtained?y marking the appropriate line
below, i elect to buy the coverage Indicated from you
for the term and premium shown, and I want It financed
on this contract
Type of Insurance Term Premium
X p wide i oamae. ease 3 66 MOS S 770.00
_ OMOS. S .00
_SERV CETRT g
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY-DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
.THE. PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life, Insurance is
not required for this contract or a factor in Its approval.
.If I elect Credit- Lifa {insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be Insured jo" )
This insurance may not pay off all of my debt, and the
exact amount of cov ie shown on my or
C?rodit U19 lnouuraancee, c ove?for oWd
the term and
premium shown:.
Type of Coverage Term Premium
_ Single $
•.-Joint ?_? $
Date
(eNn?l
date
(.bnaurl .?
(If joint coverage desired, both proposed insureds must sign.)
ADDITIONAL TERMS AND CONDITIONS
SECURITY IWIXREST: I grant you a security Interest under the Uniform Commercial Coda in (1) the Manufacturod Home and in
AN gnodS that are or may hereafter by operation of law become-acoessione to it, (2) all appl anove, machinery, equipment and
other goads furnished with the Manufactured Home (whether or not Installed or affixed to it) Including but not limited to the items
listed as "Additional Aooessories and Furnlshinge on page 1 of this contract, (3) any refunds of unearned Insurance premiums
finanosd In this contract, and (4) all proceeds of such. Manufactured Home and accessions, and of any Additional Accessories
and Furnishings. This security interest secures payment and performance of my obNgations under this contract, Including any
additional debt arising because of nrty failure to perform my obligations. under this contract and includes any contractual
extensions, renewals or modifications. My execution of this contract constitutes a waiver of my personal property and
homestead exemption rights to the property herein described. I will'sign and deliver to you whabnvr financing statements and
other documents you deem necessary to allow you to perfect your security interest in any personal property and fixtures.
PREPAYMENT: i MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, !F ANY.
WIEWNPA
900.00
ORIGINAL COPY
PROF 2 OFO
PROPERTY INSURANCE: physical damage insurance coverags protecting the Mar?ufntctr+rsci Horror for
.8. MinlTnum Coverage. i am required to provide
the term of this contract against loss by fire, hazards included wit* the term "VXt* coverage' and any other hazards,
including flood, for which you require insurance, in an amount equal to 4io lesser of the actual cash value of the
Manufactured Home or the remaining unpaid balance I owe from time to time under this contract (ft * innl mum Cp vo1p d y
The Insurance policy will contain a loss payable clause protecting you (as your interest may appear),
and provide notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the insurance policy. l
have the .right to choose the person through whom the property insurance policy is obtained. If my insurance coverage
expires or is cancelled prior to payment in full of this contract, I must obtain no less than the Minimum Coverage at my
expense for the remaining term of this contract. Should I fail to maintain the Minimum coverage, you may, but are, not
obligated to, obtain insurance coverage. I agree that any Insurance you purchase may be for the protection,ot.onty your
Interest In the Manufactured Home, may not fully protect me in the event of a loss. and may be for such reasonable period as
you determine. if you decide, in your sole discretion, to obtain Insurance, you will notify me of that fact and that the coat, plus
interest at the contract rate, will be added to my debt. I will ropey such amount during the. term of the poiiny in tt> rttarmgr
requested by,yau. 1 understand that thR insurance premiums maybe higher If you must purchase the insu"than might be'
the an if 1 had purchased the insurance, and that you may purchase the insurance.ftom an affiliated oorfapany,which.maY
rpCeiv9 a profit for this service
b. Assignment and Application of insurance Prooseda. I hereby grant and assign to you the proceeds of any and all
tmsurance coverage on the Manufactured dome, including any optional coverage, such as sarthquako fneurarm which in
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, 1 shall give prompt notice
or make proof of bas to the {nsurance carrier, yowmay do so on my
to you and the insurance carrier. If Ifall to promptly nobly
'boi+alf. AN physical damage insurance proceeds. Including proceeds from optional oovsnt6a, shall be applied to. rsstoraton or
is not
repair of the Manufactured Home, unless you and t agree otherwise in writing or union such restoration or reps.i'.t
economically practical or feasible, or your security interest.wouid be lessened. If such restoration,or repair is not practical or
feasible, or your security Interest would be lessened, you sheJ apply the Insurance proceeds to the remaining unpaid balance.
of this contract. whether or+mot then due, and give me any excess.
LATE CHARGE: l ;agmo to pay a late charge for late payment as set forth on the front of this contract. Only ons late charge 41
be made on any delinquent Installment regardless of the period for which that Installment remains in default„ After this contract
matures, whether by acceleration or otherwise, I will not be charged a late charge.
EVENTS OF DEFAULT, I will be in default under this contract It. (a) I fail to make any payment when due; (b) I fall to timely
make rental payments, or to pay other charges and assessments, relating to the real property acrd/a' facility on which the
Manufactured Horne Is located; (c) I violate m*icdve covenants, rinse or regulations relating to the real property and/or facility
where the Manufactured Home is located; (d) i fail to keep the Manufactured Home in good repair and-condition, as you may
reasonably determine: (e) 1 remove the Manufactured Home from the address shown n on this contract unless I nobly you ini
advance and receive your written consent; (f) 1 sell or attempt to eel the Manufactured Home without first obtaining your
consent; (g) 1 allow the Manufactured Home to become part of any real estate without fist obtaining your wrftn consent; (h) I
encumber or abandon the Manufactured Home or use it for hire or illegally; (I) I fail Ito prompdy pay any taxes and other lions and
encumbrances on the Manufactured Home or on the neat property on which it in located; arnddf or-(D I fall to do anything sins which
I have promised to do under this contract.
NOTICE OF DEFAULT- If any of the above specified Events of Default have occurred, you may do whatever is necessary to
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you
aocelomte payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
contract. The Notice win tell me what my default is and how I can cure it. E=xcept as required by applicable law. you are not
required to send me this Notice when (1) you have already sent a Notice twlos within the preceding one-year period, (2) 1 have
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist: .
CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home Is transferred from nor", which will
be at least 45 days after receipt of the notice of default. To cure a default, I must pay: (a) all amounts whm wow have been
due in the absence of default and acceleration; (b) the attorney's fees set forth below; (c) any late charges that are due; and
(d) reasonable coats which are actually incurred for detaching and transporting the Manufactured Home to the site-of sale. I
must also perform any other obligation 1 would have had to perform M the absence of defauK_
ORIGINAL COPY PAOE 3OP6
4M RA
REMEDIES UPON DEFAULT: It I do not cure the d9fauft, you may do a or
entreere aW , ? mince d,d s
as allowed by applicable law: (a) you can require ma e to o Im immediately pay y ursua nt to the security interest i give you
pursuant
contract plus accrued interest or (b) you can repossess the Menuittctund. Home
under this contract. If you are nct required to send me the Notice of Default and Right to Cure Default, you wig have these
rights immediately upon my dotault. Once you get possession of the Manufactured Home you will sell IL If the amount from the
sale, after expenses, Is less than what I owe you, I will pay you the difference except as otherwise provided by law. All remedies
are cumulative and you may enforce them separately or together in any order you deem necessary to protect your security.
ATTORNEY FEES: If you hire an attorney who is not your salaried employee to collect what I owe under this contract or to gat
possession of the M anufactured Home, I' will pay your reasonablo attorney's fees, provided that prior to commencement d?egal
action such teas may not exceed $5000 and'further provided that no attorney's tees may be charged prior to receipt
notice of default.
OTHER, TERMS' "AND CCNDMONS: - I agroe: (a) to pay with my monthly installments, 0 requested. by you to do so, the
estimated amount nscessrr?ry'tti" paY Ye Ytaxaa, assesements and insurance premiums that will become die within; the
next twelve month period, (b) to pay you & transfer fee I I sell the Manufactured Home, unless such foe is prohibited bo, (q} ° .
to pay interest at the contract rate omthe remaining unpaid balance plum accrued interest, from the dKv of maturity urdg paid in. "
full: (d) to reimburse yocl•lmrtrodiately upon your demand. with interest at the contract rate, the amount of funds you alp;
advance on my beloailf to correct my default: and (e) that lt I am married, and residing in a. community property state, troth my
community property and separate property willbe liable for all payments due under this contract.
ASSIGNMENT: You may assign this•contract to any person or entity. AN rights granted to you under this contract shall apply to
any assignee of this contract
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting
my account and share Information about me and my account with credit reporting agencies. You may.eoN or otherwise fumish
information about me, including Insurance information. to all others who may lawfully reoeit?a such Womlatlon. You may'fumish .
spedilo information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance
agent to enable such aged to quote premiums to me and solicit my insurance business.
WAIVER: Waiver: of any default shall not constitute a waiver of any other default No term of this contract shall be changed
unless in writing and signed by one of your officers. This contract is the entire agreement babow us and I agree that no oral or
implied represenietions have bean made to induce me to enter Into this contract-
VALIDITY: Wh possible each provision of this contract shad be Interpreted in such manner as to be sffecdve and valid
under appiicab but if any provision of this contract shall be prohibited by or invalid under applicable law, such provision
shall be ineffecd only to the extent of such prohibition
and unless sigthe ned by mw and you. n provision
event shall.
to In n sty, without
remaining provisions of this contract, This contract
any charge under this conbad exceed the highest amount allowed by applicable law. If any excess charge Is received, such .
excess shall be refunded or applied to the amount due.
GOVERNING LAW: Each provision of this contract shall be construed in accordance with and governed by the laws of the state
where the Manufactured Home is located. provided that to the extent you have greater rights or remedies under Federal law,
such choice of state law shall not be deemed to deprive you of such greater rights and remedies under Federal law.
30=O?"PA ORIGINAL COPY WOE40PA
ACCEFTEM. The bregang epntrW is hweby assigned Wider the farms
of the below Assignment
SELLER;
T ROYAL FINANCE OF PENNYSLVANIA
SELLER'S .?
Aches 47 C1 DEVONSHIRE ROAD STS 105
N_ARRISB G -PAS 1_710 0000
sEUErrs ?
SiiiNATURErt_... AXTJCLIa„ ..
SELLEETS h YITLEa .? X046
If you do not meet your contract obiigations, you
may We your manufactured home.
Notion to Buyer: Do not sign this contract In blank.
You are entitled to an exact copy of the contract
you sign. Keep It to protect your legal rights.
BU"AM?9i N A`TLft(sk
DE RA M. MOR'T'ON
01
ALA E• MORTO J
AA7E of 'MRS 00WWT.
i AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
.?' ? . YY\an?Con - -
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE 1 rCredllor')
With respoict to this retail installment corow Ccontrear) signed by one or more. buyers rBuyeo, SELLER repnestents
and warrants tht ;.(1) Buyer's credit statement submitted horawith is completely aom ate unless otherwise specified; (2) Buyer
was legally comp; nt to contract at the time of Buyer's execution of this contract; (3) this contred &mee from the bona file sale of
the merchandise 6sartood In this contract; (4) the downpayment was made by Buyer in cash unless otherwise specillied and no
W thereof was l ned dbrldly or Indirectly by Seiler to Buyer, (5) any trade-in, or otter consideration, received as any part of the
doiHnpaymwd b ' rately described on page 2 and has been valued at ft bona fide value, and any amount owed on
such trade-in or oilier property is accurately described on page 2 and has been paid off by Seller prior to or contemporaneously
with the assignment of this contract toy' Creditor, (8) there is now owing on this contract the arnount set forth herein; (7) this
contract and any guaranty submitted in connection herewith is In ate respects legally enforceable against each purported
signatory thereof; (0) SeAur has the right to assign this contrast and thereby to convey good title to It. (9) In the event of any claim
or defense asserted by any Buyer, or any heirs or assigns of Buyer, with wspect to the Manufactured Home or other property or
consideration transfwred pursuant to this retail installment contract, Geller agrees that a will indemnify and hold Creditor harmless
from all such claims and defenses as well as from all costs reasonably incurred by Creditor In connection therewith, Including but
not limited to reasonable attomey fees and court costs; and (10) in accordance with the Fair Credit Reporting Act. Seller has
notified Buyer that this contract to to be submitted to Creditor.
For value received, Seller hereby assigns to Creditor all Its rights, title and interest in this contract and the property which
is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All the terms of any
aXWting Written agreements between Seller and Creditor governing the purchase of contracts are made a part hereof by r0wenoa,
it bang understood that Craddor relies upon the above warrant . _ is in purchasing this contract.
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Noi-H& UFAULT GREY-1 ? REE
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LGHT TO CUR F. DEF'AUJ.T
Date of Notice: 06/0',V2008 Certified Mail Rcccipt No. 7106711210'X)0586 103
Debumb M. Morten Green Trce Consumer Discnunt Cumpany
16 Mountainview Terrace 1400 Turbine Drive Suite #7A)O
Ncwvillc, PA 17241-9022 Rapid City, SD 57703
SOO-643-0202
Aecnunt No, 7350511940 Creditor (irccn Trcc Consumer Discount
Company
Brief identification of credit transaction: Monofaetured Home Account
You are now in default on this credit tmosaetion. You have the rig it to correct this default within 30 days from the postmarked
date of this Notice.
If you contact the default, you may continue with dic contract its though you did not default.
Vour default consists of., 2 payments past du e(plus $55.39 in fees and charges) totaling $626.57.
Cure of default, Within 30 days ftom the postmarked dam of this Notice, you iney cure your default by paying $62657, which
comistsa of $571.18 for past duo payments and 555.39 for late charges, or by doing the following: _.NA,
Creditors rights: if you du not correct your default id tltc time allowed, the cr!ditor may exercise its rights against you under dic
law by taking legal ocrion to reposscm or foreclose on its collateral.
If you fail to cure the total antounL of your default within the cure period describod above, then as of 30 days from the postmark
of this Nutiee, the maturity of dtis contract is autonratieally accelerated and full payment of the contract in the amount of
$11,049.61 shall be due and payable without any futthcr notice from the auditor. Additional expenses, interest and charges
aurrwal after the dalc of this notice shall also be due and payable, You have the right to rcingtatc after aocckrutiup and the right
to brink a court uc6on to assort ilw nnnexistcacc of ynur default or any other defense you may have to acceleration and
forrelnaurc.
If yuu have any questions, write Grccn Tree at Illc above address or call the number provided.
If (his default wis caused by your failure to make a payment or payments, and you wept to pay by mail, send a cmhier'schcok or
money order. Do ant send cash. Other payment arrangements may be made by contacting Grccn Tree.
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! Green Tree Consumer Uismutit Company I
t Tempe elf
7360 Suuth Kyrcne Rd
Tempe, AZ 85283.4583
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NOTICL OF DEI Alil.I' GREI& >=.E
ArND??w"
R161-I'C TO CARE DEFAULT
Date of Notice: 06103/2008 Certified Mail Receipt No. 71067112169005861636
L)plc F. Munon Jr
16 Mountainvicw'I'erracc
Ncwyiilc, PA 17241 A022
a. Survlpp typr CMWIND MAIL
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Account No: 735050940 Creditor: Grecn'TreC consumer Discount
Company
Brief idcnritication of credit truisactinn: Mapufactured Home Account
You an now in default on this erudit transaction. You have the right to Cortcct this default within 311 days from the poshmtrked
date of this Notice.
1f you currcet the de Fault, you may uutttinuc with the contract us though y0rt did nut defaull.
Your default consists of: 2 payments past duc(plus $55.39 in figs and charges) totaling $626,57.
Cure of default: Within 30 days front the postmarked date of this Notice, you may tun your default by plying $626,57, which
cuusisa of $571.1$ fur psal due payments and S55,39 for late churgcs, or by doing the following: ALA
Credilora rigbis: If you Jo not curi cot your default in the time allowed, tic creditor may exercise its rights against you under the
law by utking tegtl action in mposscss or foncinsc on its collu(cral.
If you tail 10 cure tbo total amount of your default within the cure period described above, then as of ;3O days from the postmark
of this Notice, the nlautrity of this conhaot is autumatically aceclarotcd and full payment of dic contract in the onlount of
S 11,049.61 shall be duc and payable without any further notice fruit the creditor. Additional expense-,, interest and charges
dccrued a11br the dutc 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 u) assert Uwe nonexistence of your defoolt or any nther defense yoo may have o accclcratiuu and
forucingtuc.
If you have any questions, write Gmcn '1'reu at the above address or cull the number provided.
If this default wars causu9 by your failure to make a paymettl or payments, and you want to pay by nwil, send u cashier's Chock or
money order. Do not said cash. Ocher payotent umingements may bt made by Contacting Greco Tree.
This is an`rrrtragp1 AII&F1>{i O a debt curd mry ir4f0'-' Wir rt
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(,men Tree Consumer Discount Cnmpauy
1400'furbine Drive Suitt 1#200
Rapid City, SD 57703
900-143-0202
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Green Tree consumer Discount Company !
Tempe 111
7360 Snuth Kyt*cnc Rd
Tcmpu, AZ 852834553 I
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PS Form 3811. July 2001 oafwtaUC ratan ,urc.iot
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VERIFICATION
I, Pam Willis, Loss Mitigation Specialist, and duly authorized representative of Green Tree
Financial Servicing Corporation do hereby depose and say subject to the penalties of 18 Pa. C.S.
§ 4904 relating to unsworn falsification to a that the facts set forth in the foregoing are
true and correct to the best of my informatio and b 'ef.
Pam Willis, Loss Mitigation Specialist
Green Tree Financial Servicing Corporation
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04303 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT C
VS
MORTON DEBORAH M ET AL
MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
MORTON DALE E JR the
DEFENDANT , at 1954:00 HOURS, on the 12th day of August 2008
at 51 MOUNTAIN VIEW TERRACE
NEWVILLE, PA 17241
by handing to
TODD SHAFER, ADULT IN CHARGE
a true and attested copy of COMPLAINT - REPLEVIN
NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing / 18.00
Service ?-IOS 11.00
Affidavit QII .00
Surcharge 10.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. omas Kline
08/13/2008
VOELKER & ASSOCIATES _
By: ty S-heriff
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-04303 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT C
VS
MORTON DEBORAH M ET AL
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
MORTON DEBORAH M but was
unable to locate Her in his bailiwick. He therefore returns the
rnMDT.ATNTT _ VVDT.V17TTT
NOTICE
the within named DEFENDANT MORTON DEBORAH M
NOT FOUND , as to
16 MOUNTAIN VIEW TERRACE
NEWVILLE, PA 17241
DEFT MOVED TO THE HALIFAX AREA APPROXIMATELY FIVE YEARS AGO.
Sheriff's Costs:
Docketing / 6.00
Service
Affidavit ?_-I
Bf adI p$ .00
00
.
Surcharge 10.00
So answ?rs` _--
R. Thomas Kline
Sheriff of Cumberland County
VOELKER & ASSOCIATES
00/00/0000
Sworn and Subscribed to before
me this day of
A. D.
?r•
mtfirg
MaryMane Snyder
R Estate Depu ;
William T. Tully t
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
MAKIAH FACKLER
VS
HAROLD WAMSLEY
Sheriff s Return
No. 2008-T-1693
OTHER COUNTY NO. 07-5758
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and
return, that I made diligent search and inquiry for HAROLD WAMSLEY the DEFENDANT named in
the within NOTICE & COMPLAINT and that I am unable to find him/her in the County of Dauphin,
and therefore return same NOT FOUND, AUGUST 8, 2008.
ATTEMPTED SERVICE BUT PAPERS EXPIRED
Sworn and subscribed to
before me this 8TH day of August, 2008
So Answers,
AT?
NOTARIAL SEAL
ARY JANL SNYDER, Notary Publi
Highspire, Dauphin County
11, Commission Expires Set 1 2010
Sheriff of D uphin County, Pa.
t
By to
Deputy Sheriff
Deputy: R HOPKINS
Sheriffs Costs: $41.25 8/5/2008
David Q Buell
(Prothonotary
XirkS. Sohonage, E SQQ
Solicitor
&nee X Simpson
1S` Deputy Prothonotary
Irene E. Morrow
2"d Deputy Prothonotary
Office of the Prothonotary
Cum6erland County, (Pennsylvania
0G; - J? CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25T" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 * Carilsle, P,4 17013 • (717 240-6195 • Fa.X (717) 240-6573