HomeMy WebLinkAbout09-0013IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company, CIVIL DIVISION
as Agent and Servicer for BankAmerica
Housing Services, a division of Bank of No. 09 - OD13 e.~ vi, ~~~JL.rv~
America, FSB, t
TYPE OF PLEADING:
Plaintiff, Complaint in Replevin
v.
FILED ON BEHALF OF PLAINTIFF:
Charlotte Blosser, Green Tree Consumer Discount Company,
as Agent and Servicer for BankAmerica
Defendant. Housing Services, a division of Bank of
America, FSB
COUNSEL OF RECORD:
/Edward F. Voelker, Jr.
PA I.D. #55414
Cynthia M. Dornish
PA I.D. #59890
Pamela L. Brickner
PA I.D. #209392
Voelker & Associates, P.C.
Firm #332
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 151 O 1-3603
(412) 486-8800
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company, CIVIL DIVISION
as Agent and Servicer for BankAmerica
Housing Services, a division of Bank of No.
America, FSB,
Plaintiff,
v.
Charlotte Blosser,
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 ou b the
y y
court without further notice for any money claimed in the complaint or for any other claim
or relief requested b3' 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. TffiS
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
1N THE COURT OF COMMON PLEAS Oh' CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company, as
Agent and Servicer for BankAmerica Housing
Services, a division of Bank of America, FSB,
CIVIL DIVISION
No. d ~= 0~ ~ CTv~ ~ ~e~M
Plaintiff,
v.
Charlotte Blosser,
Defendant.
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. Charlotte Blosser, hereinafter referred to as "Borrower," is an individual whose last
known address is 76 Country View Estates, 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 May 26, 1998, Borrower entered into a "Retail Installment Contract,
Security Agreement, Waiver of Trial by Jury and Agreement to Arbitration or Reference or Trial by
Judge Alone," hereinafter referred to as the "Financing Contract," a true and correct copy of which
is marked as Exhibit "A" and is attached hereto and made a part hereof.
4. Plaintiffs principal is the present holder of the Financing Contract.
5. Pursuant to the Financing Contract, Borrower promised to repay the borrowed amount
of $29,242.50 plus interest.
6. Borrower has defaulted by failing to make payments when due.
7. As of December 18, 2008, the delinquent payment amount due and owing from
Borrower to Plaintiff is $934.55.
8. As of December 18, 2008, the amount owed by Borrower to Plaintiff, not including
costs, attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is
$25,810.56. The interest on said amount is accruing at the daily rate of $4.39.
9. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the
Financing Contract.
10. On October 2, 2008, Plaintiffprovided Borrower with a Notice of Default, a true and
correct copy of which is marked as Exhibit "B" and is attached hereto and made a part hereof.
11. Pursuant to the Financing Contract, Borrower financed a 1998 Dutch Housing, Inc.
Model 5801 manufactured home (serial no.18032D) with certain furnishings, equipment, appliances,
and accessories included at the time of purchase, hereinafter collectively referred to as the
"Manufactured Home."
12. It is believed and therefore averred that the Manufactured Home is located at 76
Country View Estates, Newville, PA, 17241.
13. Pursuant to the terms of the Financing Contract, a security interest in the
Manufactured Home was granted or assigned to Plaintiff s principal
14. 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 "C" and is attached hereto and made a part hereof.
15. Borrower has failed to surrender the Manufactured Home upon Plaintiff s demand.
16. Plaintiff is now entitled to immediate possession of the Manufactured Home.
WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the
sum of $25,810.56, plus attorneys fees, costs, expenses, interest from December 18, 2008, and
damages for the unjust retention of the Manufactured Home.
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Edward F. Voelker, Jr.
Attorneys for Plaintiff
Voelker & Associates, P.C.
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
r
PENNSYLVANIA
a''3ETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, MH VARIABLE RATE CONTRACT
WAIVER OF TRIAL BY JURY AND AGREEMENT TO F~OR• LOAN PLAN: Aol o5219s
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE oi=1,`ICE OFFlCENUMBER: 79061
{Contract) uSE LOAN SOURCE NO.: 7 5 0 2 3 0
ACCT. NO.: ~Q/ n/ .d
BUYER(S): NAME:.CHARLOTTE BLOSSER - - - _ _ ONLY FUNDINC3CODE: -
NAME: - _
NAME - -- ~ ~ - ~~
13uYER'3 NAME: _ _ -.. .. .. ~ -COUNTY: CUMBERLAND -
ADDRESS:271 .S HANOVER ST ~ cn=y:CARLISLE sfiAiE: PA ~P;-17013
PHONE: _ S. SEC. # 1 - 4 0 - 5 27 8 ~-"`
(~~_
PROPOSEDLACAnoNOFMANUFAC'rl~tEDHOME75 ~CO TRY VIEW ESTATES, N,WVILLE PA 17241
"I," "me," "myself' or "my" mean all persons who sign this Contract as buy®r or oo-buyer, Jointly and sevenapy, and "you" or
"your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, if
approved, it will be assigned m that Creditor. On the date of this Contract, t buy from you on a credit sale basis the manufactured
home described on page 2, together with furnishings, equipment, appliances and aooessories included in the manufactured
home at the time of purchase (called "Manufactured Home").
CREDIT~:BANKAMERICA HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB.
PROMISE TO PAY: 1 promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this
Contract (Item 5} with interest at the initial rate of 7 .5 0 % per year. The interest rate I wiN pay will change in accordance
with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed
due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 05/22/28 , I still owe any amount under
this Contract, 1 will pay such amount in full on that date, which ie called the "Maturity Dabs." Each monthly payment will be
applied as of its scheduled due date. If no interest rate is disclosed above, the initial interest rate is the Annual Pet~oentage Rate
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate may
change 11 months after my first payment is due and every 12 months thereafter based on movements in the monthly
average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal
Reserve Board, which is the Index rate. My interest rate cannot increase or detxeaae by more than 2.0 0 % at arijr Interest
rate change or by more than 5.00 % over the term of the Contract. Th_e interest rate will squat the index rate in effect
4 5 days before the interest rate change date plus a margin of 3 .5 0. 9'0 (rounded to the NEAREST 1 / 8
of one percentage paint) unless the~interest rate caps limit the amount of change in the Interest rate. If this index rate is no
longer available, you may choose a new index that is based upon comparable information.
ANNUAL FINANCE CHARGE Amount Financed Total of Payments Total Sale Price
PERCENTAGE The amount t w~l have paid The total oust of my
RATE
The doNar amountthe
The amount of aedit after I have made aB
payments as scheduled purdtase on credit
(which is subjsat to
The cost of my credit as credit wip cost me (which provided to me or on (based on the current change) including my
a yearly rate {which is
s~jectto change : is subiect m change): my behalf: Annua[ Psroentage Rate
which is subJectto
h down ntof
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o
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ange): $
500... 0.0
8.7
/o $ 53,999.34 $ 29,242.50.' $ 83,241.84 $ 88,741.84
See If7 a F"in. e + Amarnt Fin. Total Pa . + gown P nt
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Security: I glue you a security interest in the goods or property being purchased.
isle Charge: If a paymentis more Than 15 days ~, I w~l be charged 2 % of the unpaid amountof such payment, notto exceed
y 5 . 0 0 -- - ~ . -.. -
Variable Rata: My Contract contains a variable rate feature. Disclosures about the variable rate feaarre have been provided b me earper.
Aswmption: Someone buying my Manufactured dome may, under certain clrcumstanoes, be stewed to assume the retnalnderof the Contract on the
original terms.
Estimates: All numerical disclosures except the late payment disclosures are estlmates.
~o ~~YO u~sw~~urC~ nrs~ Leo vn terms to e11eCL on me sate mis contract is signed. If the interest rate changes, actual Amount
of Payments, Annual Percentage Rate, Finance Charge and Total of Payments will be more or less than disclosed above.
PA960848-0497 _
` O&IGINRL COPY
PAQE 1 OF 7
Description of TRADE NAME: DUTCH HOUSING, INC . - MODEL: 5'801
Maeufactur+e:d _ _. _. _ r„_
Home:. ~ r-. _ .. • .... ..
- - --- YEAR: 9 8 NEW: X ~ USED: _~_ LENC3TH: 44 it WIDTH: 24 }t,
eFarer
NUMBERS:~8032D
• - IT~'1 , SERIAL NUMBER ~-~ SEpIgL NUMBER
_ AoDmoNAL ATR CONDITN_G SKIRTING
ACCESSORIES SHED .DECKS
AND FURNISIiIN(33: ANCHORS - --T-
052198
1. Cash Price (tnduding Sales - ' - -
Taxot$_ 00 -
• 34 500.00
2 a. Cash Down Payment - y ~~ ~~$~ ~ 5 , 5-0 0 0 0
b. Trade-!n (Year, Make, Model):
Goss Value $ - - . 0 0 Liens $ . 0 0
- - - (Setlar to pay oiQ
_ Net Trade•In Value -
7ota1-Down Payment ........... $ . 0 0
-- ............................._ $ 5,5.0.0.00
3. Unpaid Balance of Cash Price (1 minus 2) S 2 9 , 0 60.0 0
4. Amounts paid to others on my behalf:' -
a. To Insurance Companies:
(1) Properly Insurarroa~ $ _ 215.0 0
.__ (2) Credit Life Insurance_ ~ $ , p 0
b. To Public OfBaals: ~ •
(1) Certificaie of Title - .
•-• ......... $ 22 50
__ (2) FILING FEES $ -- 5.00
a To Creditor.
_ " For. $ .. . 0 0
d. To:
For.
e. '1.0: S 0 0
For:
' S - .00
f. To
: "--"
For:
- -_
$ .00
g. To:
For.
_
~--
t h. To:
For:
__ $
7ota1(a+b+c`+d+e+f+g+h) $ 242.50
5. Unpakf Balance (3 plus 4) ............. _ $ . 2 9 , 2 4 2.5 0
8. Prepaid Finance Charge ...
7. AmountFlnanoed(5minus6).._....,..•.,.•.•._ $ 29,242.50
* I understand and agree that a portion of certain of these amounts
t may be retained by you or your affiliate.
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Contract 1 have the right to choose fire person through
whom it is obtained. By marking the appropriate line
below, I elect to buy the coverage indicated from you
for the tam and premium shown, and I want it financed
on this Contract
Type of Insurance Term Premium
~ Phy~ Dam Covafape 12MOS $ 21_ 5 , 00
- BROAp ~ORM $
~. -_ , $
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECTION ABOVE.
CREDR LIFE INSURANCE: Credit Life Insurance is
not required for this Contract or a factor in its approval.
if I elect Credit Life Insurance, the name(s) of the
proposed insureds) are:
Proposed Insured
~•Proposed ]nsured
(Only spouse can be insured jointly.)
This insurance may not pay off ail of my debt, and the
exact amount of coverage is shown on my policy or
certificate. My signature indicates my electlon to obtain
Credit Life Insurance coverage for the term and
premium shown:
Type of Coverage Term Premium
.__
Singh. $
.,~ .Joint _ $
Date
{signature)
Date
(signature)
1t joint coverage is desired, both proposed insureds must sign.)
P~agp~e-0esr
-- ORIGINAL COPY P~oE2oF~
ADDITIONAL TERMS AND CONDITIONS
-,
d-ARIaBLE RATE: ~ - ~ -
a. Monthly Payment Changes. My monthly payment amount will change each time my interest rats is adjusted. The monthly
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payments
over the remaining term of this Contract
b. Notice of Interest Rate and Morrthly Payment Changes. You will send me notice of an adjustment in the interest rate and
monthly payment at least 2S days before the adjustment. This notice wiN cxantain information about the index rate, interest
rate, payment amount and remaining unpaid balance.
c. Conversion to Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginning
ZERO dears from the date at this Contract and ending 3 0 years from the date of this Contract. in
order to conva~t to a fixed rate, I must~~not be in default under the terms of this ontract, I must notify you in wrRing of my
desire to convert to a fixed rate, I mast execute a revision agreement and l must pay a nonrefundabfe conversbn fee. The
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive my
written notification. The new fixed rate will take effect on the "Conversion Date," which shall be my next payment due date
that is at least 3 0 days after your timely receipt of a revision agreement signed by all Borrowers together with a
nonrefundable conversion fee of $ 2 0 0'. 0 0 .The new fixed rate and the Comversion Date are subject to
change if my revision agreement and fees are received after the date spedfied in the revision agreement. My new payment
amount will be effective with the first payment following the Conversion Date.
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1}the Manufactured Home and in
ail goods that are or may hereafter by operation of law become acx~essions to it, (2) all appliances, machinery, equipment and
other goods famished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
listed as "Additional Acxessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (~ aN proceeds of such Manufactured
Home and aooessions, and of any Additional Awessories and Furnishings. This security interest secures payment and
pertormance of my obligations under this Contract, inducting any additional debt arising because of my failure th 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 personal property herein described. 1 will
sign and deliver to you whatever financing statements and other documents you deem necessary to aNow you to perfect your
security interest in any personal properly and fixtures. I agree that you may file this security instrument or a reproduction thereof
in the real estate records or other appropriate index as a financing statement for any of the items spedfied above. Any
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals, or
amendments thereof, shall be suffident to perfect a security interest with respect to such items.
PREPAYMENT:) MAY PREPAY THtS 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, IF ANY. lF I MAKE A PARTIAL PREPAYMENT,
THERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES,
PROPERTY INSURANCE:
a. Minimum Coverage. ! am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, hazards inducted within tha term "extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage").
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a
10-day notice ~ canoallation to you. Unless you consent in writing, I shall not add any additional foss payee to the insurance
policy. 1 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, 1 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 of only 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 cost, plus
interest at the Contract rate, will be added to my debt. I will repay such amount during the term of the policy in the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than might be
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive a profit for this service.
PA950816~4Y7 PAt9E 9 OF 7 _
ORIGINAL COPY___ _
b. Assignment and Application of Insurance Proceeds. 1 hereby grant and assign to you the proceeds of any and all
insurance coverage on the Manufactured Home, induding any optional coverage, such as earthquake insurance, which in
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, !shall give prompt notice
to you and the insurance carrier. ]t I tail to promptly notify or make proof of loss to the Insurances oarrior, you may do so on my
behalf. All physical damage insurance proceeds, induding proceeds from optional coverage, shah be applied to restoration or
repair of the Manufactured Home, unless you and f agree otherwise in writing or unless such restoration or repair is not
economically practical or feasible, or your security interest would be lessened. tf such restoration or repair is not practical or
feasible, or your securrty interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance
of this Contract, whether or not then due, and give me any excess. 1 authorize any insurer to pay you directly. I here
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtain such
insurance payments.
LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this Contract Only one late charge wilt
be made on any deNnquent installment regardless of the period for which that Utstallmeni remains in default. After this Contract
matures, whether by acceleration or otherwise, f will not be charged a late charge.
RETURNED CHECK CHARGFNS: t will pay you the actual charge of the dishonoring institution (or such higher amount
as allowed by law) k any check given to you is not honored because of insufficient funds or because no such axount exists.
EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fait to make any payment when due; (b) (fail to timely
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which the
Manufactured Home is located; (c) !violate restrictive covenants, rules or regulations relating to the real property andJor 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) t remove the Manufactured Home from the address shown on this Contract unless t notify you in
advance and receive your wrltt~ consent; (f) I seN or attempt to sell or to transfer any beneficial interest in the Manufactured
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate without
first obtaining your written consent; (h) l encumber or abandon the Manufactured Home or use it for hire or illegally; (i) E fail to
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is
located, 'rf this is my responsibility; andJor ~)1 fail to do anything else 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 ner~ssary to
correct my default You will, except as set forth beknnr, first give me a Notice of Default and Right to Cure Default before you
accelerate payment of the remakting unpaid balance E owe you or repossess or foreclose on any property which secures this
Contract, The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (~ 1 have
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme dreumstances exist
CURE OF DEFAULT: I may cure a default at any time before Celle to the Manufactured Home is transferred from me, which will
be at least 45 days after receipt of the Notice of Default and Right to Cure DefauR. ~To cure a default* I must pay: (a) all amounts
which would have been due in the absence of defauR and acceleration; (b) the attorney fees set forth below; (c) any late chazges
that are due; and (d) reasonable ousts whidl are actuaNy incurred for detaching and transporting the Manufactured Home #o the
site of sale. I must also perform any other obBgation I would have had to perform in the absence of default.
REMEDIES UPON DEFAULT: ti I do not cure the default, you may do either or both of the foNowing at the end of the notice
period, as allowed by applicable taw: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required to send me the Notice of Default and Right to Cure Defauh, you will have
these rights immedia~iy upon my default, Once you get possession of the Manufactured Home you will sell it. If the amount from
the sale, after expenses, is less than what I owe you, 1 will pay you the difference except as otherwise provided by law. All
remedies are cumulative and you may eMorce them separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution, Any controversy or claim between or among you and me or our assignees arising out of or relating to
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any claim
based on or arising from an aNeged tort, shah, if requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims arising from a single transaction, shah be determined by arbitration as described below. Any other controversy shall be
determined by judidal reference of the controversy to a referee appointed by the court or, ti the court where the controversy
y is venued labks the power to appoint a referee, by trial by a judge without a jury, as described beknt. YOU AND 1 AC3REE
PA36t~A64I97
- _.. - ORIGINAL COPY ~"c~4°Fr
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE, SHAD. BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED 8Y ARBITRATION, BY JUDICIAL REFERENCE, OR BY
~ TRIAL BY A JUDGE.
b. Arbitration. Since this Contract touches and conoems interstate commerce, an arbitration under this Contract shall be
conducted in acxordance with the United States Arbitgstion Ad„(Trtle 9, United States Code), notwithstanding arty choice of
law provision in this Contract. The Commerdal Rules of the American Arbitration Association ("AAA's also shwa apply. The
arbitrator(s) shall follow the law and shall give effect th statutes of limitation in determining any claim, Any controversy
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be In
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be entered
in any court having jurisdiction, and no chaaenge to entry of judgment upon the award shall be entertained except as
provided by Section 10 of the United States Arbitration Actor upon a finding of manifest injustice.
c. Judicial Reference or Trial by a Jadge. If requested by either you or me, any controversy or claim under subparagraph (a)
that is not submitted th arbitration as provided in subparagraph (b) shall be determined by reference t4 a referee appointed
by the court who, sitting alone and without jury, shall decide all questions of law and fact You and I shall designate to the
court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponsored
proceedings. The referee shall be an active attorney or retired judge. ff the court where the controversy is venued ladca the
power to appoint a referee, the controversy instead shall be decided by trial by a judge without a jury.
d. Self-Help, Foreclosure, acrd Provisional Remedies. The provisions of this paragraph shalt not limit any rights that you or 1
may have to exerase self-help remedies such as set-off or repossession, th foreclose by power of sale or judicially against or
sell any coaatsral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction before,
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exerdse of any
such remedy shall serve as a waiver of the right of either you or me to demand that the related .or' any other dispute or
controversy be determined by arbitration as provided above.
ATTORNEY FEES: If l prevai! in any legal action or arbitration proceeding which is oommencsd in connection with the
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dispute
relating to this Contract, you will pay my reasonable attorney fees, court costs and necessary disbursements incurred in
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with the
law. If you prevail in any such action or proceeding, or in the exerdse of any seM-help remedy as described above, I wal pay any
court costs and necessary disbursements to the fu11 extent permitted by law, together with reasonable fees imposed on you by
an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not exceed
$50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right m Cure
Default.
OTHER TERMS AND CONDfTIONS; I agree: (a) to pay with my monthly installments, rf requested by you to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
next twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (cj
to pay interest at the Contract rats on the remaining unpaid balance plus accxued interest, from the date of maturity unta paid in
fulh, (d} to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
advance on my behalf to correct my default; and (e) that if 1 am married, and residing in a community property state, both my
community property and separate property wiN be [fable for ail payments due under this Contract.
ASSIGNMENT: You may assign this Contract to any person or entity. All 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 oatnection with opening and collecting
my account and share information about me and my account with credit reporting agendas. You may sell or otherwise fumish
information about me, including insurance information, to all others who may lawfully receive such information. You may fumish
specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance
agent to enable such agent to quote premiums to me and solicit my insurance business.
WAIVER: Waiver of any default shalt not constitute a waiver of any other default. No term of this Contract shad be changed
unless in writing and signed by one of your officers. This Contract is the entire agreement between us and 1 agree that no oral or
impaed representations have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid
under appacable law, but if any provision of this Contract shall be prohibited by or invaad under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity, without irnatidating the remainder of such provision or the
PA3509060497
PAGESOP7
OR2G2NAL CaPY
remaining provisions of this Contract. This Contract shall be of no effect unto and unless signed by me and you. In no event shall
any charge under this Contract exceed the highest amount allowed by applicable law. if any excess charge is received, such
excess shag be refunded or applied to the amount due,
GOVERNING LAW: Each provision of this Contract shalt be construed in accordance with and gavemed by the laws of the state
of Pennsylvania, provided That to the extent you have greater rights or remedies under Faders( law, such choice of state law
shag not be deemed to deprive you of such greater rights and remedies under Federal law.
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 PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY'THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID 8Y THE DEBTOR HEREUNDER.
YOU AND t HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACCEPTED: Ths foregoing Contract is hereby assigned under the terms
of the Assignment on page 7.
COUNTRY SIDE VILLAGE HOMES, ID
SELLER: _
SELLER'S
ADDREss~ 31 WALNUT BOTTOM ROAD
SHIM 17.57.0000
SELLER'S
3lGNA7'URE:
SELLER'S
TITLE: (-,~ _~~ .,.
!f you do no# meet your Contract obligations, you
may lose your manufactured home.
Notice 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.
BUYERS) SIGNATURE(S): ~j
CHAR 'TE L SSER
DATE C3F TH IS CONTRACT: - u
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
. (Signature a Buyer) ._ '
(Signature of Co-Buyer)
PwasQe+ea~~
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PACE 1 ("Creditor")
With respect to this retail installment contract ("Contract") signed by one or more buyers ("Buyer'), SEU.ER represents
and warrants that: (1) Buyer's credit statement submitted_herewith is completely accurate unless otherwise specified; (2) gayer
was legally competent to contract at the time ~ Buyer's~execution of this Contract; (3) this Contract arose from the bona fcde
sale of the merchandise described in this Contract; (4} the down payment was made by Buyer in cash anises otherwise specified
and no part thereof was loaned directly or indirectly by Seller m Buyer; (5} any trade-in, ar other consideration, received as any
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed
on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or
contemporaneouslywith the assignment of this Contract to Creditor; (~ there is now owing on this Contract the amount set forth
herein; (7) this Contract and any guaranty submitted in connection herewith is in all respects IegaNyr enforceable against each
purported signatory thereof; (8) Seller has the right to aaaign this Contrail and thereby to convey good title to it; (9) in the svsrct
of any clahrt or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
other property or consideration transferred pursuant to this retail installment contract, Seiler agrees that tt wIU indemnify and hold
Creditor harmless from all such claims and defenses as well as from ail costs reasonably incurred by Creditor in connection
therewith, indudfng but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit
Reporting Act, Seller has notlfied Buyer that this Contract is to be submitted to Creditor.
For value received, Seller hereby assigns to Creditor aN its rights, title and interest in this Contract and the property
which is the subject matter hereof and authorizes Creditor to do everything necsaaary to collect and discharge same. All the
terms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a part
hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing
this Contract.
PA350648~497
PAflE.70F 7'
ORIG2NAL COPY.
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 ~`! D L~ 7it 1lTTD L~
AND VI l\i'i~' J~~rl f~ 1\ii
RIGHT TO CURE DEFAULT
Date of Notice: 10/02/2008 Certified Mail Receipt No. 71067112169007414311
Chazlotte Blosser Green Tree Consumer Discount Company
76 Country View Est 1400 Turbine Drive Suite #200
Newville, PA 1 724 1-8750 Rapid City, SD 57703
800-043-0202
Account No: 735051039 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 con•ect the default, you may continue with the contract as though you did not default.
Your default consists of: 3 payments past due(plus $0.00 in fees and charges) totaling $571.59.
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $571.59, which
consists of $571.59 for past due payments and $0.00 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
$25,596.49 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 an~atfegy~jjpct a debt and any information
LTI i
7/07
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PS Fam 3811, July 2001 pomestic Retum Receipt
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735051039 041
Green Tree Consumer Discount Company FIRST~LASS MAIL
Tempe III U.S. POSTAGE AND
7360 South Kyrene Rd
~~I~~~~I I IIII~~~ FEES PAID
Tempe, AZ 8528313583 NCP
7106 7112 1690 0741 4311
Charlotte Blosser
76 Country View Est
Newville, PA 172418750
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9GN01 206354.001998 0069609
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Charlotte Blosser 735051039 041
76 Country View Est
Newville, PA 17241-8750
DEC. x.2008 11.18AM US BANK DOCUMENT CENTER N0. 1050 P, 45/147
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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 unsworn falsification to authorities, that the facts set forth in the
foregoing are true and correct to the best of my information and belief.
4 ~ .+k
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Jennifer Lockerman Collection Manager
Green Tree Consumer Discount Company
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