HomeMy WebLinkAbout09-3113DANIEL R. MAINS,
Plaintiff
V.
GREEN TREE SERVICING, LLC,
formerly known as GREEN TREE
CONSUMER DISCOUNT,COMPANY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2009- 1113 CIVIL TERM
ACTION TO QUIET TITLE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER 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
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accomodations available to disabled individuals having business
before the court, please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
DANIEL R. MAINS,
Plaintiff
V.
GREEN TREE SERVICING, LLC,
formerly known as GREEN TREE
CONSUMER DISCOUNT,COMPANY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 2009- CIVIL TERM
: ACTION TO QUIET TITLE
COMPLAINT TO QUIET TITLE
Plaintiff, by his attorney, Robert G. Frey, complains of Defendants named herein and all
persons unknown claiming any right, title, estate, lien, or interest in the real property described
herein adverse to plaintiffs title, and for a cause of action alleges:
1. Plaintiffs are Daniel R. Mains and Sherri W. Mains, husband and wife, who reside in
West Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, and have a
mailing address of 3287 Ritner Highway, Newville, Pennsylvania 17241
2. Defendant is Green Tree Servicing, LLC, successor by merger of Green Tree Consumer
Discount Company, a limited liability company having its office and principal place of business at
345 St. Peter Street, St. Paul, MN 55102.
3. Plaintiff owns in fee simple and possesses all the real property located on Mount Rock
Road situated in West Pennsboro Township, County of Cumberland, Commonwealth of
Pennsylvania, and more fully described in Exhibit "A" attached hereto and incorporated herein.
Said real estate is hereinafter referred to as "the Property."
4. Plaintiff acquired title to the property by deed of Steven A. Failor and Cynthia L.
Failor, husband and wife, (hereinafter referred to collectively as "Failor") dated August 31, 1998
and recorded August 31, 1998 in Cumberland County Deed Book 184, Page 501, a copy of which
is attached hereto as Exhibit "B".
5. Approximately three months after the conveyance of the Property to Plaintiff, Failors
executed a mortgage to Defendant, Green Tree Consumer Discount Company, purporting to place
a lien of mortgage on the Property that had been previously been conveyed to Plaintiff. Said
mortgage was dated November 27, 1998 and recorded November 27, 1998 in Cumberland County
Mortgage Book 1502, Page 828, a copy of which is attached hereto as Exhibit "C".
6. By suit filed in the Office of the Prothonotary of Cumberland County to file number
2001-1486, Conseco Finance Consumer Discount Company, formerly known as Green Tree
Consumer Discount Company, as owner of the mortgage admitted that the property subject to its
mortgage was intended to be that of Failor's residence at 535 Mount Rock Road and not the
property that was previously conveyed to Plaintiff. A copy of said complaint is attached hereto as
Exhibit "D".
7. Conseco in that action sought a reformation of the mortgage to correct the property
secured by the mortgage. Said action remains open and no final resolution has been entered and
the mortgage has not been reformed and continues to purport to be a lien on the Property owned
by Plaintiff.
8. In 2003 as a part of Conseco's plan of reorganization in bankruptcy, Conseco sold its
assets to Green Tree Investment Holdings, LLC, a joint venture of affiliates of Fortress Investment
Group, LLC, Cerberus Capital Management and JC Flowers & Co. A copy of the announcement
is attached hereto as Exhibit "E".
9. In 2007 the affiliates of Fortress Investment Group, LLC and Cerberus Capital
Management sold all of the assets of Green Tree Servicing, LLC, formerly known as Green Tree
Investment Holdings, LLC to a group of investors led by Centerbridge Partners, L.P. A copy of
the announcement is attached hereto as Exhibit "F".
10. Green Tree Servicing LLC is the successor in interest to Green Tree Consumer
Discount Company.
11. Defendant through its open and unsatisfied mortgage on the Property, claims an
interest and estate in the Property adverse to Plaintiff. Defendant's claim, as acknowledged in its
complaint to reform the mortgage, is without any right whatever, and defendant has no right, estate,
title, lien, or interest in or to the property, or any part thereof.
12. Defendant's mortgage constitutes a cloud on Plaintiffs title to the Property.
WHEREFORE, Plaintiff prays:
1. That Defendant, and all persons or entities claiming under it, be required to set forth the
nature of their claims to said real property;
2. That all adverse claims to said real property be determined by a Decree of your
Honorable Court;
3. That said Decree declare and adjudge that Plaintiff owns in fee simple, and is entitled to
the quiet and peaceful possession of, said real property; and that Defendant, and all persons or
entities claiming under it, have no estate, right, title, lien, or interest in or to said real property or any
part thereof;
4. That said Decree permanently enjoin Defendant all persons or entities claiming under it,
from asserting any adverse claim to Plaintiff s title to said property;
5. That said Decree make null and void the mortgage given to Defendant recorded in
Cumberland County Mortgage Book 1502, Page 828;
6. That said Decree empower the Recorder of Deeds of Cumberland County to satisfy the
mortgage given to Defendant recorded in Cumberland County Mortgage Book 1502, Page 828;
and
6. For such other and further relief as your Honorable Court deems just and proper.
Respectfully submitted,
a .e.
Robert G. Frey
Attorney for Plaintiff
Supreme Court I.D. No. 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
I verify that the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 19 Pa. C. S. §4904 relating to unsworn
falsification to authorities.
Dated: May l,572009
r--
DANIEL R. MAINS
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in West Pennsboro Township,
Cumberland County, Pennsylvania, being more particularly bounded and described as
follows:
BEGINNING at a nail in the center line of Mt. Rock Road (T-325), at the dividing
line of the Western line of a 50 feet wide private right-of-way and Lot No. 7 of Final
Subdivision plan for Steven A. and Cynthia L. Failor, recorded in Plan Book 78, page
32; thence along said private right-of-way, North 31 degrees 30 minutes 00 seconds
West, a distance of 1,260.40 feet to an iron pin set at the Northeastern comer of Lot No.
4-B as shown on the hereinafter mentioned subdivision plan; thence along said Lot No.
4-B, South 53 degrees 00 minutes 00 seconds West, a distance of 371.25 feet to a
point; thence South 35 degrees 35 minutes 00 seconds West, a distance of 205.00 feet
to a point; thence South 53 degrees 00 minutes 00 seconds West, a distance of 38.25
feet to a point at the Northeastern comer of Lot No. 4; thence South 37 degrees 00
minutes 00 seconds East, a distance of 327.52 feet to a point on the dividing line of Lot
No. 2 of Final Subdivision Plan for Steven A. and Cynthia L. Failor, recorded in Plan
Book 71, page 84; thence along said Lot No. 2, South 53 degrees 00 minutes 00
seconds West, a distance of 450.25 feet to a point in the center line of aforesaid Mt.
Rock Road (T-325); thence along said center line North 77 degrees West, a distance of
800.00 feet, more or less, to a point at the line of lands now or formerly of Francis
Mains; thence along said lands, North 03 degrees West, a distance of 313.50 feet to a
point; thence North 45 degrees East, a distance of 471.90 feet to a point; thence North
36 degrees 07 minutes 23 seconds West, a distance of 257.48 to an iron pin set at the
Southwestern comer of Lot No. 5 of Survey/Subdivision for Steven A. and Cynthia L.
Failor, recorded in Plan Book 77, page 61; thence along said Lot No. 5 North 48
degrees 33 minutes 33 seconds East, a distance of 540.45 feet to an iron pin set;
thence North 60 degrees 24 minutes 47 seconds East, a distance of 522.72 feet to an
iron pin set at line of lands now on formerly of Glenn Molter; thence along said lands
South 31 degrees 30 minutes East a distance of 2,068.00 feet, more or less, to a point
in the center line of aforesaid Mt. Rock Road (T-325); thence along said center line
North 87 degrees 48 minutes 43 seconds West, a distance of 57.92 feet to a point, the
Place of BEGINNING.
Being residual Tract No. 1, Lot No. 4 and Lot No. 4A of Final Subdivision Plan for
Steven A. and Cynthia L. Failor, dated November 3, 1999, and recorded in Plan Book
81, page 34.
ss? m to t? 4 R ,
z
PARCEL I.D. NO:46-094521-031
THIS DEED
MADE THE 31ST day of August in the year one thousand nine hundred ninety eight
(1998).
BETWEEN STEVEN A. FAILOR and CYNTHIA L. FAILOR, his wife, of Penn
Township, Cumberland County, Pennsylvania, hereinafter called Grantors
AND DANIEL R. MAINS, of West Pemsboro Township, Cumberland County,
Pennsylvania, hereinafter called Grantee: t.
WITNESSETII, that in consideration of the sum of Thirty Thousand and no/100 /
($30,000.00) Dollar:, in hand paid, the receipt whereof is hereby acknowledged, the Grantors do
hereby grant and convey unto the said Grantees, his heirs and assigns
ALL that certain tract of land situate in West Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a Plan prepared by Larry V. Neidlinger,
R.P.L.S., dated March 6, 1997 and recorded in the Office of the Recorder of Deeds for
Cumberland County in Plan Book 7?, Paged/ .
BEGINNING at an iron pin set at comer of lands now or formerly of Paul D. Motter,
thence along other lands of Steven A. Failor South 60 degrees 24 minutes 47 seconds West
522.72 feet to an iron pin act; thence still along lands of Failor South 48 degrees 33 minutes 33
seconds West 540.45 feet to an iron pin set; thence along lands now or formerly of Francis
Mains North 36 degrees 07 minutes 23 seconds West 1,100.00 feet to a point; thence still along
lands now or formerly of Francis Maine North 58 degrees 19 minutes 41 seconds East 797.38
fat to existing stone; thence along lands now or formerly of Dennis Willey South 89 degrees 51
minutes 49 seconds East 665.65 feet to an existing stone; thence still along lands of Willey South
24 degrees 37 minutes 40 seconds East 314.68 feat to an existing post; thence along lands now or
formerly of Paul D. Motter South 04 degrees 38 minutes 25 seconds East 405.10 feet to an iron
pin set, the Place of BEGINNING.
600X 184 M'uf 501
Exhibit "B"
05/14/2009 11:35:10 AM CUMBERLAND COUNTY Inst.# 199829664 - Page 1 of 3
CONTAINING 27.8257 acres and designated as Lot No. 5 on Plan of Steven A. and
Cynthia L. Failor.
BEING part of the same premises which Steven A. Failor, granted and conveyed unto
Steven A. Failor and Cynthia L. Failor, his wife, Grantors herein, by Deed dated July 15, 1994
and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book, 108,
Page 558.
ALSO BEING the same premises which Galen L. Motter granted and conveyed to
Steven A. Failor end Cynthia L. Failor, his wife by deed dated October 10, 1996 and recorded in
the Office of the Recorder of Deeds for Cumberland County in Deed Book 147, page 403.
TOGETHER with a right of way from the Mount Rock Road to the property herein
conveyed across the lanes as now exist on other property of the Grantors, for farm uses only,
reserving the right of use to Grantors across the lane existing on the Tract herein conveyed.
AND the said Grantors hereby covenant and agree that they will warrant specially the
property hereby conveyed.
IN WITNESS WHBREOF, said Grantors have hereunto set their hands and seals the
day, month and year first above written.
Signed, Sealed and Delivered
in die presence of
3.C'-?-- .
N
H N
r
9 p
r '
79 wp N
iix s?I tr M
r?SS$?'$SS?Sy^ ?
/,,-. AEZ/, .(SEAL)
STEVEN A. FAILOR
(SEAL)
IA L. FAIL OR
:r
Q.
2 Am 184 PACE 502
Exhibit "B"
05/14/2009 11:35:10 AM CUMBERLAND COUNTY Inst.# 199829664 - Page 2 of 3
COMMONWEALTH OF PENNSYLVANIA .
: SS:
COUNTY OF CUMBERLAND
On this, the Uf day of August 1998, before me, the undersigned officer, personally
appeared STEVEN A. FAILOR and CYNTHIA L. FAILOR, his wNe known to me (or
satisfactorily proven) to be the persons whose names ace subscribed to the within instrument, and
Sckpoow)edged that they executed same for the purposes therein contained.
WHEREOF, I hereunto set my hand and seal.
I do hereby certify that the precise residence art-compI
within named Grantees is: y 75 /'? + • F, . /? /?o .
August V . 1998 .??E+...?i;'I/P i PR r ??uJ/
post office address of the
Attorneyjor Grantees '
COMMONWEALTH OF PENNSYLVANIA .
:SS:
COUNTY OF CUMBERLAND
RECORDED on thisll day of rl'.) , 1998, in the Recorder's Office of the said
County, in Deed Book j'Vq , Page 31,?j
Given under my hand and seal of the said Office, the date above written.
Recorder
C. IRWIN, McANIGHT &
ATTORNEYS
co
ROK 184 PACE 503
3
Exhibit "B"
1 05/14/2009 11:35:10 AM CUMBERLAND COUNTY Inst.# 199829664 - Page 3 of 3
?yr W
' c4nowOaweltih or leWtV Spa Ab"Wh Lire 11W RWW" tab
OPEN-END MORTGAGE '1i? "? ` lien 9072 28
This MonSW secures fatut advances
.........1998................
1. DATE AND PARTZS. The date of this Mtsrtgago (Seca * Waninew) is ...November . 27,
and ft
parties. their addresses and ter: idwtifiation dambers, if required, are as follows:
MORTGAGOR: Steven A Failor and Cynthia L Failor
HUSSAND AND WIFE, AS TENANTS BY THE ENTIRETIES
? If chocked, refer w the attached Addeo*= incarpauttd beiein, foe addudooal Mottppa, their signatures and
LENDER.- Green Tree Consumer Discount Company
3401 Hartzdale Drive Suite 118
Camp Hill, Pennsylvania 17011
2. CONVEYANCE. For good and vahable cousidecuion, the receipt and suffuieacy of which is w3mow ppd to secure
the Secured Debt (defiled below) and Mottppes puftsunce under thus Security Instnmseat, Mos?gPOO. bargains.
coams and to Lender the follawiag daCribed property: " ...
O , w
res. : rt
See Exhibit A ca a ° ?-
C R
' 2C C?
C" ccr.:u
The property is located in ...... Cumberland . -............................. at ................................................
r-41 1
17241
............... ....?........................, .....................??....................... Peamsylvtusia . .............
(zircds)
Together with all ASIs , easemama, apparoewsnces. royalties, mineral rights, ail and gas dglsts, all waver and riparian rights,
• ' ditches, ad -am stock and 81 t?teigg Gad lltrste h%provema", strucntres, Szmres, Gad te0smMew that may sow, or at
anytime in the fame. be part of the real estate described above (all r -bared to ss 'Property'.
3. MAX WUM MUF# I ?IlI? The rota prindpal amount secueed br this SaaO&ry Iasan>?t at MW ow time shall not
exceed S ................................................. :... This Inmitodon of nooacs does not iaehAt interest Gad Aber fees and
chMp vaiidy made puusaw to dds Secoft Instnissent, Also. Ws Hwindon does not apply to advances made under the
tetas of ibis Security bunmcot to prowa Lender's security and to pesitrm lay of do covesom cannined in this Security
lm nowiL
4. SECURED DEBT AND FUTURE ADVANCES. The toms 'Secured Debt* is defined w f Wows:
A. Debt iacnm I under the t-- of all promissory note(s). mss). gnnranty(s) or other evidence of debt described
blow Gad all their exwodow. renewals, naodUkadow or saber. (Whw roWwKft the dda below it is
sugred dsutyon hwisafe tow mch as bwrionura' nama note w wara. bureau mm, maw* data. enc.)
Note dated November 27, 1998, between Green Tree Consumer Disc:&= Company and
Steven A Failor, Cynthia L Failor, for $200,000.00, maturing Dee
I
r OSYLVANA - WMTOAe[ INOT roe Lewin. Lour, rru, ON VA uaQ gppKi? ?
07N4 wt.. w..1e. new. MN n?oal?r:a.u hnn wHrro+A t=lttlsa ,i2
Tom m lillt4
Exhibit "C"
B. All future advances ftaat Lender to Mortgagor or other fugue obliptions of Mortgagor to Leader under any promissory
note, contract, gnaranty. or odes evidence of debt executed by Moctpgor is favor of Leads executed don dds Security
Instrument whether or not this Security Instrument is specifically referencaL If snore dean one pe m ftes this Security
InstnmKat. each Mortgagor sgteea that this Security lastt our will secure all furore advaaoes and be obligations
that are given to or incurred by any one or more Mortgagor, of say one or mouse Mortgagor and dbert. All suture
advances ad odher fume obilptiuns are secured by this Security Iwotrumam even dwoo an or part may gat yet be
advanced. All future advaaoes and other Mm obligations are segued a! if made on the date or this Security lnwumeat.
Notlim in this Security hwument shall constitute a commitment to maim a&fidonal or fom Teas or advances in airy
amount Any sucb commitment moat be agreed to in a separate writing.
C. All obligations Mortgagor oyes to I.ender. which may later arise, to the extent not pntohNW by law, Mudiag, but not
limited to, liabilities for overdtalts relating to my deposit account ?grermea? betvKea MorMW and Leader.
D. All additional suns advanced and expenses incurred by Lender for issuting. preserving or otherwise ptowcang the
Property and its value and my other sums advanced and expenses incurred by Leader under the tams of this Security
This Security Instrument will not aecum any otba debt if Lender fans to Siva gay required notice of the right of rtsci ion.
S. PAYM NIS. Monpgor age m that all payments under the Secured Debt will be paid when doe and in aaor+dance with the
terms of the Sensed Debt and this Security Instrument.
6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seised of the angst cowayed by this
Security Instrument and has tit right to pant, bargain, convey, all. and mortgage the Property. Mortgagor also warrants that
the Property is unencumbered, except for encumbrances of record.
7. PRIOR SECURITY INTERESTS. With regard to any other morg"c. deed of trust, security agreement or odw hen
docnmem that created a prior security interest or a ra= on the Property. Mortgagor agree :
A. To make all payments when due and to perform or comply with all covenants.
B. To promptly deliver to Leader any notices that Mortgagor receives from the holder.
C. Not to allow any modification or extension of. nor to request arty hunts advances trader M note or ap emoent secured
by the lien docurnent without Lender's prior written consent.
L CLAIM AGAIMT TITLE. Monp4jor will pay all taxes, assessments, liens, ewwxbnwu. lease payaents.:triad rents,
uuiliries. and other cberps relating to the Property when due. Leader spay regmm Mortgagor to provide to Leader copies of all
notices that such' amounrs are due and the receipts evidencing Mortgagor's paynw= Monsw will defend tide to the
Property against any elaicos that would impair the lien of this Security Ima'nma L Mortgagor agtea to asdp to Leader. as
by Lender. any rights. clangs or defenses Mortpgor may have against parties vow supply labor or materials to
maintain or improve the Property.
9. DUE ON SALE OR ENCIlNMRANCE. header may. at its option, deelate the entire balance of the Secured Debt to be
ismaedately due and payable upon the creation of, or contact for tie creation of; any lira, mumbraoce, ttnIft or sale of t>tt
Property. This A* is stgca to the restrictions imposed by fedeixi law (12 C.F.R. 591). as w0cable. Ibis ewienant shall
tun with the Property and shall remain in effect until the Secured Debt is paid in f d! and this Security beat is released.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Moryptgor will leap the Pmpetty is good coodWa and
malm all repairs that are reasonably nary. Monppr shaft not commit or allow any waste. impsir*tmut, or deserioretioo of
the Property. Mortgagor will beep the Property tree of noxious weeds and grasses. MonpW agms that the stare of the
occupancy and use will not substantially change without Lender's prior wrium consent. Mortgagor will na paunch any change
in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all
demands, proceedings, cla = and actions against Mortgagor, and of any loss or damage to the Property.
ei,... w.?.,. s,..,.., ..... sc CI-W. MM I14.eol17-741) F.. M Mta.,? 12M91"
P0K15021 023
Exhibit "C"
Treader or Lahder's agents may, at Lender's option, enter the Property at any reasonable tune for the purpose of inspecting the
Property. LeWer " give Mortgagor notice at the time of or beforr an inspection specifying a reasonable propose for the
inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on
Leader's inspection.
11. AUTHORITY TO PERFORM. If Mortgagor;fails to perform any duty or any of the coveaarts contained in this Security
bwwneae, Lender may, without mice. perform or cause them to be perfotaud. Mortgagor appoints Leader as attorney in
fan to sign Mortgagor's name or pay any amount necessary for performaaoe. Lender's right to perfo, fat Mortgagor shall
not oaeate an obligation to perform, and Lender's failure to perform will not preclude I?aader from exercising any of Leader's
other tights under the law or this Security Instrument. If any coaarucdon on the Property is discontinued or not carried on in a
reasonable manner, Lander may take all steps necessary to protect Lendees security intact in the Property, including
comoction of the construction.
12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bar", conveys and mmops io Lender as
addidood security all the right, dde sad interest in and w any and all existing or 6mue leaves. subleases, and any odor written
or vaabal agreements for the use and occupancy of any pardon of tie Property, including any extensions. renewals,
modifications or spa tiooa of such agreements (all referred to as `I==') and rents, issues and profits (all referred to as
'Rents'). Mortgagor will promptly provide Leader with true and correct copies of all edsdag and ftturt Leases. Mortgagor
may collect, receive. enjoy and use the Rents so long as Mortgagor is not in default under the terms of ibis Security
Instrument.
Mortgagor agms that this ampment is immediately effective between the patties to this Security buttument and effective as
to third parties on the recording of this Security Instrantent, and this assignment will remain effective until the Obligations an
sanded. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to mate payments of Rentz due
or to become due directly to Lander after such recording. bowevex Lender agiaa not m notify Mortgagor's tenants undl
MwWgor defaults and Leader notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's ceesrts pay all
Rats due or to became due directly to Deader. On receiving notice of debdt, Mortgagor vAll endorse sad deliver to Lender
airy payment of Rats in Mortgagor's possession and will receive any Rem in trust for Lender and will sot commingle the
Rears with any other funds. Any amounts collected will be applied as provided in this Security loan== Mortgagor vrarrsnts
that no default etcivts under the Laam at any applicable Lmdlordltenart law. Mortgagor also agrees to mdutain and rcqudre
any tenant to comply with due teens of the Leases and applicable law.
13. LEASEHOLDS; CONDMINI1)MS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees w comply with the
provisions of any lease if this Security Insatnmtmt is on a lessebold. If the Property includes a unit in a condominium or a
planned unit development. Mortgagor will perform all of Mortgagor's dudes under the coveassus, by-laws, or regulations of
due condominium or planned unit development.
14. DEFAULT. Mortgagor will be in default if any parry obligated on the Secured Debt fails to mate payment when floe.
Mortgagor will -be in default if a breach occurs under the tarns of this Security Instrument or any other d r Nn z 1 czecuw for
the purpose of creating. securing or guaraatlrins the Secured Debt. A good faith belief by Leruder that Leader at any time is
iamen with respect to any person or entity obligated of the Secured Debtor tat tie prospect of any payment or the value of
the Property is impaired sball also consthm an event of default.
13. FJCMEDIES ON DEFAULT. In sod6 iasances. federal and safe law will require Leader to provide Mortgagor with notice
of the Tight to Cate or other notices and may esabliah time schedules for bred am actions. Subject to these limitations, if
any, T may accelerate the Secured Debt and foreclose this Security Instunwat in a manner provided by law if Mortgagor
is in debuh.
At the option of Leader, all or any put of the agreed fees and charges, accnled interest and principal shall become hamediaWy
doc and payable. after giving notice if required by law, upon the occurrence of a defatdt or anytime thereafter. In addition,
Leader shall be entitled to an the remedies provided by law, the tams of the Stxun:d Debt, this Security irswument sod try
related docoaeems. All remedies we distinct, cumulative and not exclusive, and the 1. ranter is auited to all remedies provided
at law or equity. whether or not expressly set forth. The acceptance by Lander of any scan in payment or partial payment on
the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are tiled shall ant contitute a waiver
of Loader's tight to require complete cute of any existing detaalt. By not exercising any tmudy on Mortgagor's default,
Lender does not waive Lender's right to later consider the event a default if it continues or Lappens again.
s /?!? user. s or si
a1/9& SW*M *ffto . W4.. SL ek,A. MH 1140C."').2?4t1 r..m rt4trw• 121IM4 OOK1502"M BN ?? /T•? ? _
Exhibit "C"
16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except wben prohibited
by law. Mortgagor agrees to pay all Of I.endais expenses if Mortgagor bunches any covenant is this Security Instrument.
MottMor will do pay on demand any amount warred by Lsatkr for ims dq. inspecting. Fesesving or oderwise
proeeeti * the property and Lender's security imtam. These expeaecs will bees imetM from the date of the payment uadl paid
in full at the highest imerest rate in effaxt as provided in the terms of the Sec>tred Debt. Mortgagor ego, is to pay ail coasts and
expenses incur od by Leader in cdkcang, enforcing or protecting Lender's trite and rmaedia under this Secadty Instrument.
This amount may include, but is not limited to. attorneys' fees. court coats, and other legal acpemes. This Secadty Instrumeoc
elan remain in effect until released. Mortgagor agrees to pay for any w ordation costs of such mleiase.
17. ENVEKOM 9MAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section. (1) Eavim mental Law means,
without limitation, the Comprehensive Enviromnewd Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601
et seg.), and all other federal, state and local laws, njulatiom, ordinances. court orders, ammmey general opinions or
intespsdve leaen concerning the public health, safety. welfhm eudroamamt or a bazardow substance; and (2) Hasardous
Substance: ame+ms any toxic, n duoaauve or baatttdoats material. waste, pollutw or contaminia Mkk has cbara cs wbich
tender the substance dangaoaa of potentially dangerous to the public bath, safety. wadfhm or environment. The term
includes, wMaut limitation. any substances defined as 'bazardoars material.0 "toxic substances,' •baardous wam' or
'hazardous substance under say Environmental Law.
Mortgagor repro. warrants and algree4 that:
A. Except as pmvwWy disclosed and aelmowkdged in writing to Lender. no Hazardous Substance is or witf be bated,
v r P * or released on or in the Property. 'This restriction does not apply to small qua xWes of Hxtardous Substances that
are genemlly recognized to be approprisse for the normal use and maintenance of the Property.
B. Except as previously disclosed and acitsawledgcd m writing to Lender. Mortgagor and every anent bane been, at+e, and
dWI tetnain in fail compliance with any applicable Environmental Law.
C. Mortgagor than immediately notify Leader If a release or ftearened release of a Haatdoaa Substance occurs on, under
or about the Property of there is a violation of any Environmental Law concerning the Ptoperty. In such an event,
Mortgagor shall take all nexssasy rancdid action in accordance wilt any Eaviroatmeaual Law.
D. Mortgagor shall immediately notify Leader in wti ft as soon as Mortgagor bas reasoo to believe there is any heading or
dtteatened investigation, cWm. or proceeding reladAg to the release or threatened release of any Hazardous Substance or
the violation of any Environmental law.
18. CONDEMNATION. Mortgagor will give Leader prompt notice of any pending or thmatesed actioc, by private or public
entities to purchase or tats my or all of the Property thtomgb condemnsdon, eminent domain, or any other mans. Mortgagor
Leader to inrerveme in Mottgagot•'s mare in any of the above described actions or claims. MottpW an*s to
Leader the procee& of any award or claim for damages connected with a condemnation or odd tilting of all at any putt of the
Property. Such pmceedt shall be considered payaaeacs and will be applied as provided in this Security bwomem. This
assignment of proceeds is subject to clue tams of any prior mortgage, deed of trust. security speemertt or other fin document.
19. INStWANCE. Mortgagor shall keep,Properry insured against loss by fire, flood. tbeR ad other boards and fift rum owbly
aandsted with the Property due to itk type and location. Tbis insurance shall be maintained in the amoutat and for the periods
that Leader require. The Insumace carrier providing the insuaance :ball be tdtoaen by Mortgagor subject to Lender's approval,
wbich shrill not be uaressonably withheld. If Moe ppx bile to maintain the coverage desalted above. Lender my, at
Lender's option. obtain coverage to protect LandWs rights in the Property according to the =ms of this Security Instrtmisat.
All isrsamanee policies and renewals thall be acceptable to Lender and shall include a standard -more clause' and, wbere
applicable, 'loss payee clause." Mortgagor shall immediately notify Lender of twxlhuion or tanninatim of rho inswance.
trader shall have the right to hold the policies sad renewal& if I.eadcr requires. Mortgagor shall immediately give to Lender
all receipts of paid premiums and renewal notices. Upon loss. Mortgagor shall give immediate notice to the insurance carrier
and Lender. Lender may make proof of loss if not made immediately by Mortgagor.
4we 4 of 6)
01"4 80*M 9ynnrW Me- 3L 08W. MM 11-MO 397-23411 hrw M-WT6*A 12n*AA_. _ 80i2 AE .825 1 CIE.
?----?1'- ?y
Exhibit "C"
Unless otherwise &Sited in writing. all insurance proceeds droll be applied to she restoration or repair of the Property or to the
Secured Debt. whether or not then due, at Lender's option. Any application of proceeds to principal dnU not extend or
postpone the due date of the scbcduled payment nor chap the astount of any payment. Any excess will be .paid to the
Mortgagor. If the Property is acquired by Lender, Morgftor's right to any iesut=ce policies and pin,1 ogo resulting from
damage to do Property before the acquisition shall pass to Leader to the a Xteat of the Secured Debt in maUateiy before the
acquisition.
24. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreaaaat, Mortgagor will not be
required to pay to Leader funds for taxes and insurance in escrow.
21. FINANCIAL REPORTS AND ADDITIONAL DOCIUDITS. Mortgatgnr will provide to Leader upon mgoeat. nay
financial statement or information Deader may deem rma=My necessary. Mortgagor agxecs to sign, deliver, and file natty
sddmonati documents or Muficamms shat Leander may consider newmary to petiscr, centhm. and preserve Mortgagor's
obligations under this Security Instrument and Leeetseeler's lien status on the Property.
22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All dM= under this
Security we joiat and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt.
Mortgagor does so only to mortgage Mortpgor's interoeert in the Property to secare payment of the See cuted Debt and
Mortgagor does ant agree to be personally liable on the S=nvd Debt. If this Security Insarumem secterts a stteoamty betweva
Leader and Mortgagor, Mortgagor agrees to waive any rights drat may prevent Leader from bruins my action or claim
atgainst Mor*gw at any party indebted antler the obligation. These rights may include. but are not limited to, any
anti-deficumcy or ow-action laws. Mortgagor agrees dw Leader and say patty to this Security laottu otar may extend. modify
or crake any change in the to of this Security Instrument or any evidence of debt without Mortpgor's comm. Such a
c muse will not release Mortgagor from the tares of this Security bwatamt. The duties and benefits of this Security
Instrument shall bind and benefit the successors and assigns of Mortgagor and Leader.
23. APPLICABLE LAW; s ; WrERPRETATION. This Security Inscnmmau is governed by the laws of the
jusisdictioa is wbich Leader is located, except to the extent otherwise required by ties Iaws of the ,jgduUcdam where the
Property is located. This Security lasuument is Complete and fully inarogrrwed. This Security Iewavnocut may not be amended or
modified by oil agreement Any section in this Security Instrument. madmeaa, or any ap+ mat related to the Secured
Debt that conflicts wub applicable law will not be effective, unless that haw expressly or iorpliedly permits the variatiotn by
written agreement. If any section of this Security Instrument eaumot be enforced according to its tams. that section will be
severed and will not afka the eDkr =Slity of the remainder of this Security Insamttaat. Whenever used, the singular rdW1
include the plural and the phial the singular. The Cgdm and beadings of the swum of this Security lottument are for
convenience only and are not to be used to interpret or define she to rtass of this Security Instrument. Time is of the essence in
this Security Instrument.
24. NOTICE. Unless odwrwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to
the appropriate :party's address on page 1 of this Security Inmtrumeat, or to any odner address designated is wsidus. Notice to
one mortgagor will be deemed to be notice to all mortgagors.
25. WAIVERS. Except to the extent prohibited by law. Mortgagor waives army right to appraistnim relating to the Property.
&'p
010aMtMw.,..... , kns !1. CMM. MN 11-900-"7.23-111 PI/m M-WC*A l ZnW" Bood =rw A26 . ?
Exhibit "C"
26. OTHER TERMS. If checked, the Wowing are applicable to this Secmity lasuumenC
' D Lime of Craft. The Secured Debt includes a revolving lice of credit prevision. Ahbm& the Secured Debt may be
seduced to a tiro belame, this Security Instrument will raaain in effect umtil released.
? Construction Loan. This Secmv Ioatumeat secnrea an obliption incurred for dx comtruction of an improvement on
the Property.
(] Fissure Fuing. Moapgor genet: to Lender a security interest in all goods tint Matpaga owns now or in the future
and tilt area win become Sattma rdmd to the Property. This Security Iatntmment sdlicm m a 6aanelap smoniat
std any carbon, pbompz ok or odta reproduction may be Sled of record for pta?posa of Article 9 of the Uniform
Commercial Code.
? Purcbmw Money. Tbis Security Imtrumm secures advanm by Lender used in wbole or in pan to acquire the
Property. Accordingly, this Seem* Itttuctuoant, and tie lien b mm&r, is and "be mitred as a ywdm money
mortgage wilt all of the tigbW priaides and berteiit 1 thaeof uada tie laws of the Commonwealth of P enmyh WL
? NOTICE TO BORROWER: THIS DOCU1Vi EW CONTAINS PROVISIONS FOR A VARIABLE
IN ERPSr RATE.
? Riders. 'The cm mums sad agraememts of each of the riders checloed below are incorpaaeeci into and supp wmm and
amend the terms of ibis Secuaty Imtentemt. [Check all applicable boned
D Condorminiam Rider D Planned Unit Development Rider D Other ...................................................
D Additbmil Terms.
SIGNATURES; By :swing below. Monpagor, i?oteadia?g to be legally bound bercby, agrees to the tams and covenants mined
in this Security Instrument and in any surf mmmta. Mortgagor also w3mawledges receipt of a copy of this Security ImtrOmem on
the date myed on page 1.
...........q.... .....................
Leven A Fail
L Fai 1 nr (Dm)
ACi NOW1,1MMENT: Pennsylvania (.G!n.1&/ftd
COMM(NWEA.F OF ........................... H?M C?Y OF.. ................... ) SS.
ON04 "a On this. the .... ........... day of ...... before ....
. .......... ..............................
the undersigned•ofTiCer, peraott?iy appeared ....ten i? iaii°r....yutl ice.. tai1or
.......................... .................... ]mown m rite (or atishcWtily preens) ro be
the persam(a) whose name(s) is anbscribed to the within , and acimo 4eW that he/she executed the same
for the purposes therein coxWmd.
In witness whereof, I bereuam at my hand and official seaL
My ° ` ,t sw
(srA 1 ftW T. PWk trof1 Pubic
okay"$ not.. 410vcmv
?t+?M1 tt7N?n ? a, tt00t
?R t Asooeisba, a notser.
U
?-wv
iio:.i omar .............................
It is hereby oemfied that the addmaa of tie Linder wl?yamed is:.. o:.a:l, r:.., cao.ntt et ni..mn
K
ea saaaa Dtive anti. 11a. Capp Sul, VBWA 17011 •••.
................................................................................................................................
............................................................................
Ott.a.r*woWomm,Ur_SL 0".MN•t%4k00.207.2241)IMtiRGMTC"17!1./.4 POW1502m VAS( ?Q/?80f8?
Exhibit "C"
r
EZK=ZT A
Login DEUCrintion:
ALL TART CERTAIN PROPERTY SrMATED IN THE TONNSHIP OF NEST PEMSBORO, COUNTY OF
COMBERIAM MM STATE OF PENNSYLYARIA, BEING MORE FOLLY DESCRnW IN DEED DATED 9/12/96,
RECORDED 10/10/96, APPEARING AMONG THE UND RECORDS OF THE COI M AND STATE SET FORTH
ARM TV DBED BOOK 117, PAGR 603.
Parcel ID: 16-09-OS21-031
stimpm AAA
Exhibit "C
J
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
Plaintiff,
Vs.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2001 - 01486
CIVIL ACTION - EQUITY
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days after
this Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
SAIDIS YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
SHUFF
NDSYY TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
& LI AY
A170RtRMAT"W
26 W. WO sew GET LEGAL HELP.
CAM&, PA
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Exhibit "D"
l
CONSECO FINANCE CONSUMER
DISCOUNT COMPANY, f/k/a
GREEN TREE CONSUMER
DISCOUNT COMPANY,
VS.
STEVEN A. FAILOR and CYNTHIA
L. FAILOR,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 2001 - 01486
COMPLAINT FOR MORTGAGE
REFORMATION AND IMPOSITION
OF CONSTRUCTIVE TRUSTS
4X4 11 q-9
1. Plaintiff is CONSECO FINANCE CONSUMER DISCOUNT
COMPANY, f/k/a GREEN TREE CONSUMER DISCOUNT COMPANY, a mortgage
company duly organized and doing business at 7360 Kyrene Road, Tempe, Arizona
85283.
2. Defendants are STEVEN A. FAILOR and CYNTHIA L. FAILOR,
adult individuals, believed to be married, residing at 525 Mount Rock Road, Newville,
Cumberland County, Pennsylvania 17241.
3. On November 27, 1998, Plaintiff and Defendants entered into a
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATIOMWAT"W
26 W. High Street
t.ulble, PA
loan transaction, at which Plaintiffs loaned $200,000.00 to Defendants, and
Defendants executed and delivered a Note and Mortgage to secure said debt. A copy
of the settlement sheet for said transaction is attached hereto as Exhibit "A", a copy of
said Note is attached hereto as Exhibit "B", and a copy of said Mortgage is attached
hereto as Exhibit "C".
2
Exhibit "D"
ii
4. Defendants defaulted upon their obligations under said Note, and
Plaintiffs commenced an action in mortgage foreclosure against Defendants to No.
2000-03316 in the Court of Common Pleas of Cumberland County. Defendants
having failed to respond to said Complaint in Mortgage Foreclosure, Plaintiffs entered
a judgment by default against Defendants in the amount of $242,150.95, on July 21,
2000.
5. In the settlement documents and in documents relating to the
application for the Mortgage, Defendants repeatedly represented that the property to
be mortgaged was the property at 525 Mount Rock Road, NewAlle, Cumberland
County, Pennsylvania, which included their residence.
6. The Mortgage in question described the property to be mortgaged
as "all that certain property situated in the Township of West Pennsboro, County of
Cumberland and State of Pennsylvania, being more fully described in Deed dated
9/12/96, recorded 10190196, appearing among the land records of the County and
State set forth above, in Deed Book 947, Page 403."
7. After investigation, Plaintiffs have discovered that the property
SAIDIS
SHIFT, FLOWER
A LINDSAY
ArnWJKWAT4 AW
26 W. High Street
Carlisle, PA
described in Deed Book 147, Page 403, is not the property upon which Defendants
dwelling Is located, which bears the address of 525 Mount Rock Road, Newville,
Cumberland County, Pennsylvania 17241, but, in fact, was a part of a property sold by
Defendants to Daniel R. Mains, by Deed dated and delivered August 31, 1998, and
recorded in Deed Book 184, Page 502. Said conveyance took place before the
settlement between the parties on November 27, 1998.
3
Exhibit "D"
COUNT I. MUTUAL MISTAKE
8. Paragraphs 1 through 7 are incorporated herein by reference as
though fully set forth.
9. It is believed and averred by Plaintiffs that both parties intended
the mortgaged property to be that which includes Plaintiffs dwelling at 225 Mount
Rock Road, Newville, Cumberland County, Pennsylvania, as said tract is described in
the final subdivision plan for Steven A. and Cynthia L. Failor, dated November 3, 1999,
and recorded in Plan Book 81, Page 34, in the Office of the Recorder of Deeds of
Cumberland County, which tract consists of the residual of tract No. 1, a part of that
property described in Deed Book 108, page 558, and in addition Lot 4A, consisting of
3.9049 acres, which includes a one-story block commercial structure, with the address
535 Mount Rock Road. The legal description of said tract is attached hereto as Exhibit
"D".
10. Because of the mutual mistake of the parties, the Mortgage and
Notes executed and delivered by the Plaintiffs to the Defendants did not bear the
correct description of the property intended to be mortgaged. This mistake was not
SAIDIS
SHUFF, FLOWER known by either Plaintiff or Defendants at the time the Mortgage and Note were
& LINDSAY
ArroRlGMAM.AW executed and delivered. Plaintiff has requested that Defendants join in a new
26 W. Mgb SbW
C ble, PA
Mortgage to reform the defected description, and Defendants have refused to do so.
4
Exhibit "D"
COUNT I1. FRAUD
11. Plaintiff incorporates paragraphs and all of the allegations
contained in paragraphs 1 through 10, inclusive in this Complaint as set forth herein at
length.
12. In the alternative, if the evidence establishes that, in fact,
Defendants were aware of the defective nature of the legal description, then by the
mistake of Plaintiff and the fraud of Defendants in concealing the defect in the
description from Plaintiffs, the Mortgage that was executed did not include the
description of the property agreed to be mortgaged by the parties.
13. The inaccurate description of the property on the Mortgage, was
consequently the result of a mistake of the Plaintiff and the fraud of Defendants in
concealing this knowledge.
WHEREFORE, Plaintiff demands the following relief against the
Defendants:
A. To prevent further unjust enrichment to Defendants, that
the Mortgage executed by Defendants and delivered to Plaintiff be reformed to include
the accurate description of the property which was agreed and intended to be
SAIDIS
SHuFF, FLOWER mortgaged, and which includes Defendants residence at 525 Mount Rock Road and
& LINDSAY
ATMMUTPA74AW the commercial property at 535 Mount Rock Road, which description is attached
26 W. High Street
CWHde. PA
hereto as Exhibit °D".
5
Exhibit "D"
B. That immediately on reformation of the Mortgage Plaintiff
be permitted to foreclose on the property so described, and that the Court impose a
constructive trust on the property and order Defendants acting as Trustees to transfer
the property to Plaintiffs.
C. That the Court award to Plaintiff in addition to the principal,
interest, penalty and late charges on the aforesaid Mortgage all of Plaintiffs costs and
expenses in enforcing the Note and Mortgage, including reasonable attorneys fees of
Plaintiffs attorneys.
D. Such other and further relief as the Court may deem just
and proper, together with the costs of this action.
SAIDIS, SHUFF, FLOWER & LINDSAY
Attorneys for the Plaintiff
James D. lower A Jr
I.D. #27742
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& (LINDSAY
AnUMS I.AWAW
26 W. High Street
Ca ide, PA
6
Exhibit "D"
02/14/01 16:31 MCCABE,WEISBERG&CC"Y,PC 4 914803336457 NO.934 D03
VERIFICATION
The mmbrsigned, Dune Alessi, hereby certifies that she is the Lead Foreclosure
Specialist of the Plaintiff, Conoco Finance Consum eer Discount Company, Ma Gram Tree
Coasumar Discount ConVoy, in the widiin action, an that she is authorized to make this
vmflcxdon and that the forgoing fists am no and correct to the best of ber knowledge,
infornnrtion and belief sad fiutbat states that false statements hadu are made subject to the
penalties of 18 PA.C.S.§4904 relating to imawom falsification to authorities.
Dias Alkd- A les s i
Exhibit "D"
Conseco Finance Corp. -CFC- Completes Sale of Assets to Green Tree In... CFN Investment Holdings LLC- I Business Wire I Find Articles at BNET 5/13/09 11:35 AM
Business Services Industry
Conseco Finance Corp. -CFC- Completes
Sale of Assets to Green Tree Investment
Holdings LLC -f/k/a CFN Investment
Holdings LLC-
Business Wire, June 25, 2003
Business Editors
ST. PAUL, Minn.--(BUSINESS WIRE)--June 25, 2003
Conseco Finance Corp. (CFC) announced that its sale of assets to Green Tree Investment Holdings
LLC (f/k/a CFN Investment Holdings LLC) closed on June 23rd. Green Tree Investment Holdings
is a joint venture among affiliates of Fortress Investment Group LLC, Cerberus Capital
Management and JC Flowers & Co. The assets sold, and to be operated under the name Green
Tree, included the servicing businesses for manufactured housing, home equity and home
improvement loans, the Agency business, and securities and loan receivables. The final closing
price was $850 million.
Related Results
• Conseco Finance Corp Reaches Agreement in Principle to Sell Company's Assets
• CFN Completes Acquisition of Conseco Finance
• F tch Takes Rating Actions on $ii.6B Of Conseco/Green Tree MH Transactions
• Fitch Bright Spots Emerge for U, S Manufactured Housing, But Recovery Still...
• LIquidation Impasse Stalls Liquidation of Conseco Unit.
The name Green Tree is an acknowledgment of the company's strong foundation that began in
1975 in the manufactured housing financing business. The name speaks to the experience,
knowledge and drive for excellence that has been the hallmark of the organization and its
employees.
The sale follows the Bankruptcy Court's conditional approval of CFC's Third Amended Plan of
Reorganization on June 19, 2003.
COPYRIGHT 2003 Business Wire
COPYRIGHT 2008 Gale, Cengage Learning
http://findartlcles.com/p/articles/mi_mOEIN/is_2003june 25/ai_1042272EkMbit "E" Page 1 of 2
Green Tree Servicing Agrees to Be Acquired by Investor Group Led by Centerbridge Partners
Sea,-eh Results for Cccgie
5/13/09 11:52 AM
Powered by „ .,.
Blusiness'1 ire
A Print
Sharing June 27, 2007 05:45 PM Eastern Daylight Time
` Green Tree Servicing Agrees to Be Acquired by Investor
delicious Group Led by CenterbOidge Partners
Newsvine
Red i SAINT PAUL, Minn.--(BUSINESS WIRE}--Green Tree Servicing ("Green Tree"),
ie
G] G a specialty consumer finance company, announced today that it has entered into
ooa a definitive agreement to be acquired by an investor group led by Centerbridge
"W Yahoo Partners, L.P. and its affiliates ("Centerbridge"). The investor group, along with
existing management, is buying 100% of the company's equity from funds
Permalink managed by affiliates of Fortress Investment Group and from affiliates of
Cerberus Capital Management. The acquisition is expected to be completed in
the third quarter of 2007, subject to customary closing conditions. Terms of the
transaction were not disclosed.
Through this investment, Green Tree expects to grow its loan servicing volume
and invest in new loan portfolios. Green Tree will use its current platform to
continue to develop new business initiatives while expanding and diversifying its
current operations.
Keith Anderson, Chief Operating Officer of Green Tree Servicing, said, "This is
great news for our organization. The new ownership group will provide capital
resources, market expertise and strong strategic alliances that will enable us to
focus on near-term growth initiatives. This will also empower Green Tree to
develop long-term growth strategies, develop new products and expand into
different markets within the consumer finance industry."
Lance N. West, a Centerbridge Senior Managing Director, said, "Green Tree's
world-class senior management team, and its employees' strong commitment to
servicing, make the company a uniquely attractive consumer finance platform.
We look forward to working with the management team to grow the business and
maintain Green Tree's passion for servicing excellence."
About Green Tree:
Green Tree is a specialty consumer finance company that focuses on servicing
the mortgage and manufactured housing markets. The company is one of the
largest servicing platforms in the U.S., servicing over 700,000 accounts with
approximately $20 billion in assets, including the nation's largest portfolio of
manufactured housing loans. The company also services home equity, home
improvement and consumer installment loans, and offers insurance products
through its insurance agency affiliate.
About Centerbridge:
Centerbridge Capital Partners, L.P. (the "Fund"), which will make Centerbridge's
investment in Green Tree, is a $3.2 billion multi-strategy private investment fund.
Centerbridge is dedicated to partnering with world-class management teams to
http://www.businesswire.corn/portal/site/google/?ndmViewld=news view8newsk?fQfQ527006233&newsLang=en Page 1 of 2
RL.CC-
OF THE P .Q`,
: EL
2.0 Y 1.7
-t78.5o i0o A77y
Ciff slgq
ET 4: a015 /45
DANIEL R. MAIN5 , IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION -LAW
GREEN TREE SERVICING, No. 2009-3113 CIVIL TERM
LLC, formerly known as GREEN
TREE CONSUMER DISCOUNT, : ACTION TO QUIET TITLE
COMPANY, :
Defendant
MOTION AND AFFIDAVIT PURSUANT TO PA.R.C.P.1066
And now comes Robert G. Frey, attorney for Daniel R. Mains, Plaintiff and
makes the following Motion and Affidavit:
1. A certified copy of the Complaint in the above captioned matter was
served upon Defendant Green Tree Servicing, LLC by certified mail return receipt on
May 18, 2009. A true and correct copy of the signed return receipt card, postmarked
May 18, 2009, is attached hereto as Exhibit "A".
2. Defendant having not filed any pleading within twenty days of the date of
service, a Notice of Intent to Enter Judgment by default was sent by first class mail,
postage prepaid, on June 15, 2009. A true and correct copy of the Notice and of the proof
of mailing are attached hereto as Exhibit "B".
3. After the mailing of the Notice, Pamela Brickner, Esquire of the law firm
of Voelker and Associates, P.C., contacted the undersigned and requested an extension of
time to file a responsive pleading on behalf of Defendant, which extension was granted
by the undersigned. No appearance has been entered by the said firm or anyone else on
behalf of Defendant.
4. On or about July 8, 2009, Pamela Brickner, Esquire by telephone left a
message that her firm would not be opposing the within action, that no additional time
was needed, and that the undersigned was free to enter a judgment by default.
5. Defendant has failed to take any action for ten days after the mailing of
said Notice and Plaintiff is now entitled to judgment by default in his favor.
6. A true and correct copy of the real estate that is the subject matter of the
above-captioned action is attached hereto as Exhibit "C".
WHEREFORE, the undersigned, does hereby request your Honorable Court to
enter judgment in favor of Plaintiff and against Defendant as follows:
1. Defendant, Green Tree Servicing, LLC, and all persons or entities claiming
under it, are forever barred from making any claim against the real property, described on
Exhibit "A" attached hereto;
2. Plaintiff is found to be the owner in fee simple, and is entitled to the quiet and
peaceful possession of, the real property described on Exhibit "A" and that Defendant,
and all persons or entities claiming under it, have no estate, right, title, lien, or interest in
or to said real property or any part thereof;
3. Defendant and all persons or entities claiming under it, is permanently enjoined
from asserting any adverse claim to Plaintiff s title to said property;
4. The mortgage given to Defendant and recorded in Cumberland County
Mortgage Book 1502, Page 828 is hereby declared to be null and void;
5. The Recorder of Deeds of Cumberland County is hereby empowered to
satisfy the mortgage given to Defendant recorded in Cumberland
County Mortgage Book 1502, Page 828.
6. Such further relief as your Honorable Court may deem appropriate.
Respectfully submitted,
July f ~~ , 2009 _..
Robert G. Frey, Esquire
Supreme Court Number 46397
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
^ Complete items 1, 2, and 3. Also complete A. Signature
item 4 if Restricted Delivery is desired. ~ Agent
^ Print your name and address on the reverse X ^ Addressee
so that we can return the card to you. B rin N •r~le} C. Date of Delivery
^ Attach this card to the back of the mailpiece, ~
or on the front if space permits.
D. Is delivery address different from item.l? ^ Yes
t: Artide Addressed to: If YES, enter delivery address below: ^ No
--
Green Tree Servicing, LLC
345 St. Peter Street
St. Paul, MN 55102 i. Service Type
Certified Mail ^ Express Mail
^ Registered D Retum Receipt for Merchandise
^ Insured Mail ^ G.O.D.
.Restricted Deli.Very? (Extra Fee} ^ Yes
4icle Number
.(transfer from service label]
PS Form 3811,.February 2004 Domestic Return Receipt " {02565-o2=M-t5ao
~4
r
W
~.~
} UNITED STATES P E ~~""'""^'^ 1
• Sender::Please print yotarname, :address, and ZIP+4 in this box •
,!
,.
FF3EY & TILEY !
ATTORNEYS-AT-LAW
5 SOUTH HAI3OVER STREET...., . I
CARLISLE, PA 17013
:~:w se's ~ 1111111JTlfl!)illllilttlllll!/T!ll~llllll1111~1~1f11/111t11flil
~.
~. ~,
DANIEL R. MAINS , : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL. ACTION -LAW
GREEN TREE SERVICING, LLC, No. 2009- 3113 CIVIL TERM
formerly known as GREEN TREE
CONSUMER DISCOUNT,COMPANY,
Defendant
ACTION TO QUIET TITLE
TO: Green Tree Servicing, LLC, formerly known as
Green Tree Consumer Discount Company
DATE OF NOTICE: June 15, 2009
IM~O~TANT NOTICE
YOU ARE IN "DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL
HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
- ~,
U.S. POSTAL SERVICE ~'~~ p,~~
CERTIFICATE OF G -
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOS ~'"
PROVIDE FOR INSURANCE-POSTMASTER T
~~ ~`~ 2
Y
Received From: -~ r ~
n
FxEY & TILEY ~/s y ~
S~
ATTORNEYS-AT-LAW ~ /~:~. - m H
s SOUTH HANOVER STREET "-"'
GAALISLE, PA 17013
One piece of ordinary mail addressed to
_ Green Tree ` "
Servicing, LLC _ ~~' 3Z-~~~,
_ 345 St. Peter Street ~' ==°N~N~-~
_ St. Paul, MN 55102 _ ~~ Z. -r-oo
~' -i cam ti
0
~ ~ ~ D
_ ~ G7
m
PS Form 3817, January 2 p
4
7
Y
#~,f1~'," war
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in West Pennsboro Township,
Cumberland County, Pennsylvania, being more particularly bounded and described as
follows:
BEGINNING at a nail in the center fine of Mt. Rack Road (T-325), at the dividing
line of the Western line of a 50 feet wide private right-of-way and Lot No. 7 of Final
Subdivision plan for Steven A. and Cynthia L. Failor, recorded in Plan Book 78, page
32; thence along said private right-of--way, North 31 degrees 30 minutes QO seconds
West, a distance of 1,260.40 feet to an iron pin set at the Northeastern comer of Lot No.
4-B as shown on the hereinafter mentioned subdivision plan; thence along said Lot No.
4-B, South 53 degrees 00 minutes 00 seconds West, a distance of 371.25 feet to a
point; thence South 35 degrees 35 minutes 00 seconds West, a distance of 205.00 feet
to a point; thence South 53 degrees 00 minutes 00 seconds West, a distance of 38.25
feet to a point at the Northeastern comer of Lot No. 4; thence South 37 degrees 00
minutes 04 seconds East, a distance of 327,52 feet to a point on the dividing line of Lot
No, 2 of Fina! Subdivision Plan for Steven A. and Cynthia L. Failor, recorded in Plan
Book 71, page 84; thence along said Lot No. 2, South 53 degrees 00 minutes 00
seconds West, a distance of 450.25 feet to a point in the center line of aforesaid Mt.
Rock Road (T 325); thence along said center line North 77 degrees West, a distance of
800.00 feet, more or less, to a point at the line of (ands now or formerly of Francis
Mains; thence along said lands, North 03 degrees West, a distance of 313.50 feet to a
point; thence North 45 degrees East, a distance of 471.90 feat to a point; thence North
36 degrees 07 minutes 23 seconds West, a distance of 257.48 to an iron pin set at the
Southwestern comer of Lot No. 5 of Survey/Subdivision far Steven A. and Cynthia L.
Failor, recorded in Plan Book 77, page 61; thence along said Lot No. 5 North 48
degrees 33 minutes 33 seconds East, a distance of 540.45 feet to an iron pin set;
thence North 60 degrees 24 minutes 47 seconds East, a distance of 522.72 feet #o an
iron pin set at line of lands now on formerly of Glenn Molter, thence along said lands
South 31 degrees 30 minutes East a distance of 2,068.00 feet, more or less; to a point
in the center line of aforesaid Mt. Rock Road (T-325); thence along said center line
North 87 degrees 48 minutes 43 seconds West, a distance of 57.92 feet to a point, the
Place of BEGINNING.
Being residual Tract No. 1, Lot No. 4 and Lot No. 4A of Final Subdivision Plan for
Steven A. and Cynthia L. Failor, dated November 3, 1999, and recorded in Plan Book
81, page 34.
.. rt~r •,
~.
2C~9 J°~~ i 0 t~;~e i~~ I
,, ,
Vf T„