HomeMy WebLinkAbout10-2771E
OF
2010 AP? 25 Pty 3: 20
C si' ;7 LA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company,
f/k/a Conseco Finance Consumer Discount
Company,
CIVIL DIVISION
No. 10 awItTrm
Plaintiff.
TYPE OF PLEADING:
Complaint in Replevin
V.
Darrell Hughes,
Defendant.
FILED ON BEHALF OF PLAINTIFF:
Green Tree Consumer Discount Company,
f/k/a Conseco Finance Consumer Discount
Company
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
\.?6thia 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 15101-3603
(412) 486-8800
0-%
*ga.00 Pty ATW
M-* 1 X1.79
p,*- c7 q1 pqq
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company, CIVIL DIVISION
f/k/a Conseco Finance Consumer Discount
Company, No.
Plaintiff,
V.
Darrell Hughes.
Defendant.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail
to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company, CIVIL DIVISION
f/k/a Conseco Finance Consumer Discount
Company, No.
Plaintiff,
V.
Darrell Hughes,
Defendant.
COMPLAINT IN REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, f/k/a Conseco Finance
Consumer Discount Company, by and through its attorneys, Edward F. Voelker, Jr., Esq., Pamela
L. Brickner, Esq., Cynthia M. Dornish, Esq., and Voelker & Associates, P.C., and avers the
following in support of its Complaint in Replevin:
1. Darrell Hughes, hereinafter referred to as "Borrower," is an individual whose last
known address is 276 Redwood Lane, Carlisle, PA, 17013.
2. Green Tree Consumer Discount Company, hereinafter referred to as "Plaintiff," is
duly authorized to conduct business in the Commonwealth of Pennsylvania.
3. On or about June 6, 2000, Borrower entered into a "Manufactured Home Retail
Installment Contract and Security Agreement," 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. Plaintiff is the present holder of the Financing Contract.
5. Pursuant to the Financing Contract, Borrower promised to repay the borrowed amount
of $73,621.00 plus interest.
6. Borrower has defaulted by failing to make payments when due.
7. As of April 21, 2010, the delinquent payment amount due and owing from Borrower
to Plaintiff is $2,841.06.
8. As of April 21, 2010, the amount owed by Borrower to Plaintiff, not including costs,
attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is
$73,531.06. The interest on said amount is accruing at the daily rate of $26.62.
9. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the
Financing Contract.
10. On March 16, 2010, Borrower was provided 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 1999 Fleetwood Homes
Stonecreek manufactured home (serial no. PAFLXI 1AB455875SC13) 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 276
Redwood Lane, Carlisle, PA, 17013.
-2-
13. Pursuant to the terms of the Financing Contract, a security interest in the
Manufactured Home was granted or assigned to Plaintiff
14. Plaintiff 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 Plaintiffs demand.
16. Plaintiff is now entitled to immediate possession of the Manufactured Home.
WHEREFORE, Plaintiff demands judgment in replevin for possession of the Manufactured
Home or the sum of $73,531.06, plus attorneys fees, costs, expenses, interest from April 21, 2010,
and damages for the unjust retention of the Manufactured Home.
Respectfully submitted,
& ASSOCIATESAP.C.
for Plaintiff
Voelker & Associates, P.C.
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
-3-
*em-y-R-EW cnp"d w cost, logo.
GIT,•,oaa-to, temp MH494ft FEAINSYLVAMA DZ DATS: 6/06/00
M%N101CITCUURNTY FED HOME RETAIL WGITALLMENT 669NACT # 73327512
AQREEWNT (CONV. - FHA - VA) (SI} pate C10
BUYER: ROCIM, DARRIML, Via REEyit00D DRI',t$, CaNLISLB, PA 17013.
SELLER: BPRIE BRIOTS NOftES !NC., 7048 CARLISLE PIXE, cARLIM3, PA 17013
ASSIGNM- CONSSCO MIAaCS COMM DTWOtWT CON PUT, 105 BRADFORD RD 3OIT6 200, WE"=, PA 15090
PERCENTACIFRATE CHARLIE
N
of"audit elf s
fif
d
o
Financed r mar or rayirient5
(iDlMa IW4lAwa al sale PHCe
malivailayfnr-
-
e
o
r 6 Mml the
?
podit,Mll Cot h*1 Mm A MM at rawt fro-
i 0 W e fr I hm mob In aline an MaLinwfisp
r
did to to or on my Will.) fayhMM Bubb lei) my OWM OgrrR of
13.75 9(n 275176.20
Of _Payment schedule will be: S 73b21.00
$ 3Q8747.20 a 3900.00 }
$ il2657.20
957.7? Monthly beginning - -
Jit
AiECURITY: I era &Ina It secuoty interest ln:
TRegoods or property tieing purchased. a/A OthW.(Desarbe}_ N/A
FILING FZM- a 40.00 LATE CHARGE It a payrnar?tis more than 15
BS.00 gar S.Dx the unpaid s.mspt of the jnstslLeet, ,phieh. dayslatB, } wBl be charged
ver is law
PWAYMW: If I M Ott early, I N/A may ?6( will not be chargad a preP$Yfnanrpenalty_
?t^e0ne buying nr'?' me Bey. auscr to cQ++ditbna, be allowed to assume the rrmalnder of 11fp Contract on the
+?0? arms. -
See the Contr6Ct doClrment below for any add-tional information about nonpayment, d+fauit, any required repayment in full before
the rcCl'+"UlOd date, and Prepayment refunds *Ad waldelr_
1. Cash Sala Price -
OnaludkV Taxes of} e_ .00 a 76900-00
2. d,roa$ Trade-in ............. s 00 "
lee Anrorlt Dandm TrsOadn a ?.Do
?
00
Get Trade-in .--------•.., $
Deictiptlon. Make
year 0000 Size 00 R 00
3. Cash Down Payment •... $ 341x0.00
4. Total Down Payment............................. a 3900-00
6. tlnpald Balance of Cash Sale PAce (I - 41_ +8 73000.00
G. Paid to Public Officials ............................... +a 40,00
7. Paid to Insurance Companies .. .................. ?
+9 5111.90
$. Paid to Appraiser ....................... v
9. a. Paid to + s .00
b. Paid to ?
+ b ?
.00
C. Paid W__ + $ .00
d. Paid to + s ; 00
e, Feld to +_ 00
f. Paid to +a ?
.00
V. Paid To +6 .OD
10. PdAclpel6alanea(8+G+7+R+S e. p.).,.. +s 73621-00
11. Pmpald Finenct: C haWs-„-__.._._...... ...... s •00
12. Amount Pinartcad H 0 - 11) ..................... s T3621- DO
•*^?: I , me . -my- Means th
assi0nedby Stier). Ihs "oarties" mains the
other Property dasnibed an page 2. -Contra
a..?aV@ & 4Vr , St. Cl",Ma Fr. 41-MRRCLAZPA paOMy
PhEFIed Damn" Inewaneala requttrad blu I e+aY ?taln
baa" 1114K if sadeatawte you. if I yet 101,
You or thmuph Yeti, I wNf pay you
j 581,00 101 Insuranea pretedlen for a tern do,
X Comprehen eve of Z50-00 ddb}
N/A Fbod
X u40"
vendors Single In"St
Credit fife and Disability lnsuranee are not IeWred to obtain
o
Ad"Unal radit and war not lee Provided unless I $4m and COST.
Wes to pay tM
.
The ter?,t of INS Insurance Is oD_ Years.
8/A SMOG Credit Life insurance S .00
K/A Jaw credit fife Insurance 9 -Do
'VA Vn4G Credit DisabEty Insurance s .00
Total 4_. -00
signature
ugeflsi- You , youur- "am the $ and ala0 the Aaslyn?
'or and Saar, together. "NlanufOCtund ?terne- means the mar
or agreement means tMt Retail Installment Contract and 5
ohaaAl 4T-?o?e-,ot rgn,q l
any
amnrq Aa.e r dw
?o; Ir "AL(
eas,n1-"I bsvwra¦,1017. tel.
- 5
L1999 FLERIVODD goKl,,t ISTfsUCt11fFi
B Stove x flefrifierato? warner
Dryer
28 X 64
-,it Air Conditioner Wh"WAlde:
2. PURCHASE: t have the Option Of DIUI the ManuISCI Horne for the Cash price orbWAg OSQE 1 as the "Cash Sal* Price". and the credit price is shown on Pape 1 as the 'Total Sele _ on ??' The Cash Price is it, ort
3. SECURITY tNTVMTt I grve you a security Interest In the Manufactured Home and any property added tot It or attached. Ths
purpose for ofvkV this security interest is to secure my ot*gatlon under trig Contract i ato grant you-8 security
i maY have In Proceeds and premium refunds of arty insurance and service contractspuchased with thin ? Ie agree any
a*eeutse
file Ap ton for ? Q?of title ncrownershlP, financing statement or other doCtunanz n@Oeltfryto perfect your afturitY Interest In
Uniform C acturecial Cods Only defifton he in effect ntepa tt abeled "original"
Y rDnR I rmsylwan;a "original" may crests a security interest In citattsl papal aecwdktp to the
PAYMENTSAND LATE CRUSE- I will pay you the arrtount Shown as the 'Total of Payments.. aacoMing to the oayment schadule
shown on page 1. 1 also agree to Day a late charge for tale payment as shown on page 1.
S- NSF III if any Payment instrument which I submit to you iS returned unpaid for any reason, l will Day you a tee of a1--?-
Y/s
a. PREPAYMENT. I MAY PREPAY THIS LOAN IN WHALE Bg IN WART AT ANY TiME, WILL NOT PAY A
PENALTY UPON PREPAYMENT UNLESS OTHERWISE STATED IN TWF NEXT SEiyTENI IF i PREPAY IN
FULL WrrHIN afa MONTHS OF THE DATE OF TENS NOTE, i WILL PAY YOU A PENALTY OF
it/S
tffa PARTI WILL NOT iXCU$$ OR REDUCE ANY LATER SCHEDULED PAYMENT- UNTIL TONS NOTE/ It PREPAD I?V ?
7. SIMPLE INTEREST CONTRACT: This is a simple Interest contract. The interest rate is 13.75% per aneua
Interest WIN accrue uDon the unpaid pelncipai b4lance
Payments and Payment outatandlny from lima to time urtta tp iwil aril In be made On the Was -
Schedule were COmPuted bated on the assumption that paYrrtartat Schg aduled for
Daym*nt- lrarlY DilYments will reduce my final onyment. Late paynvnu will i
WAR unpaid sums due under this Contract My prarntse raWma mate... ncreasethe flnaf my final! OaymcmL My final Wmernt will be equal
final Payment differs from the arnourtt of the final Payment disclosed- payment on the date due even if the amount of the
0- alp b1 A6'Ut4 lTlte~a: I agree that there ere no warranties of an type ooww,p 1f<te Manufactured Home- l am buying the
L%vkgactured Home A$ 13 and wITH ALL FAULTS and THE ENTU WIN( AS TO THE QUALITY AND PEpF
MANUFACTUMD HORNE 13 VATH ME. I agree that any implied wsnantY of merchantability Ind any i OASAANC6 OF THE
Dartfeutar purpose are specMcally excluded and do not cover the Manufactured Home. Tft No WRni-1Nas provision does fnot a s tot a
the extent that any law pronibib It and it does not Cover any separate written wafrantlas. ppty to
I. PROTSCTWM OF THE MANUFACTURED HOME: I waif (a) keep the Manufacturad Horrts in good condition and not Commit waste;
fbi pay all taxes, charges and lot tent due for the Manufactured Home and the real eateta It Is located:on; (cl not move, use Ilagaky,
sell, lease or otherwise transfer the Manufactured Nome, (d) not attach the Manufactured Home to any real estate and the
hRanu sat wed Home will always be treated as personal Property ur*ss you consent in rwk(ng and state law permits Such Cos kt7I
treatment, and le) not let anybody else have any interest in the Manufactured Home.
10. 1lWRMCB, i will keep the Manufacture0 Income Insu?ad against such f11lti and in Such amounts ria you may reasonably require
with an Insurance Company SatisfacWry to you. ( will arrange for you to be named as III pstyee an the Policy. I agree to Provide you
written evrder+ee of insurance as requested by you from tlms to time. N you fk+anq the purchase of any such insurance for me, I will
repay you for the cost of that Ins trance, plus interest up to the contract rate of itterttst, l auMorise You to hrnith account date to a
licensed insurance apart of your chtticb so such agent may, solicit the purchase of ma. I agree that the Insurance company may malts any payments due under Sts PCrack p?°liv to you, and or otdirect her the insu iron,
company to do So, You may do whatever you think is n arybe ONCI? directly In yea, e will be used the repair the
Wanufactured Home or Pay off this Contract t e you a po o attorney sure (that whiarri ts, s I prviceees o1 the so that You a used to repair the
gilt y poorer in the r) so that you may d teva?Yo r
Head to M order to 60ItaCt the insurance OrCC9atlS• If 1 fat to obtain, maintain or pay tot the required hratrraRCe, or if I Tall to tp s nas?pe fqr
you to be named as logs Payee. You may treat that as a default of m obligations under this Corttralct and you may (but are not
reotltad toe purchase such insurance- If You Purchase such insurance. l W4 bmi.14t(NtelY repay you fix any amounts you sf
Purcheslnp the insurance, Pius Interest up to the contract net! of interest at, at your OWI PAY You ever time as a workout of the
obligation, If I owe you for any insurance for for into charges, attorrteYt` fetlr or Collection costs), I un iecatend that I owe an additional
stxn for these debts ?av d my monthly principal and Interest payment, My monthly payment will therefore be greater than that stated
on page t AV Such additonal debts are paid in full.
11. NOTICE OF PROPOSED INSURAIMCEt It so indicated on tits front of this COrWaCL Credit life inautence coverage and/or emit
accident and health insurance coverage will apply to this Contract. The insurance Com " named on the front of this Contract will
write the insurance.
The insurance covers only the Derson(ti sigrenfl the request for Insurance. The charge for each type of credit insurance to be
purchased is as indicated on the front of this Contract. The term of insurance will begin as of the date of this Contractand will and on
the orWal due date of this Contract.
Sub)ect to acceptancebY the ins[xanca company and within 30 dm IN. a certificate at' rlatrance will be given to the insured- If the
Contract is prepaid before It Is due, a refund of Insurance charges will ba made when due,
12- DEFAULT: I war be Fn default if; (1) 1 do not make a payment on tfrna, or (6) 1 do not keep any of my other promises under this RtFOGt faith cite tttthelManufaactuur d i.iomfq ,n d¢npEr D thatt I tN l notabe ? tow WAtIfte my United III Illankruni Code; Or fiv) you feel in DOW
81 The da%sult de scribed undue iv) d
not apply it this Contract Is guaranteed by tno Veteran's AdministraVon, You will gba me notice of ON default except when I
vt y surrender or abandon the Manufactured Nome. 1 will have the right to cure the default d ring:the notice period. H I do not
awe the defame, you may do elther or both of the fellawing: (p) Aooatara$on_You can require me to immediate
hr pay you the l+ntbb
a"++nar.?+..Ine.. at. ern,r,rr caber-.¦,rM-2PA ese,¦¦ d¦4rµ all-t o.aa.tet la+aai ??rr
` y?? ?? b+dRe1 hN
eaur? Tr. eRWW ca vo,"W,1ae4.1tus-
nemeining balance of this C*-aaCt, arWVor ib) Repossession: You can rWoasesli ft INanufactured Morita Once you get possmian of
the Menufaetwad Horne you may sea it It the amount lrom the sale, after expenses. is less than what I owe you, I will pay you the
difference, If there is arty property left In the Manufactured Home when you Wassees. You may dispose of it as provided by law. If I
default, you can do whatever is ne Axxary to correct nay default. If you spend money to correct my default, I will pay you back
n ediataty with interest at the contract rate of interest,
13. CURS OF DWAULT: i may cure a default at any time before title to the Manufactured Home Is transferred from me, which wig be
at least 46 days after reeelpt of Me notice of default- To Cure the default, I must pay.
(a) as amodmts which would have been due in the absence Of default and aeastaratlon,
(b1 reasonable attorney's fees plus court coats and actual out-of.pocl smoanses as further defined In paragraph 12,
Cc) any iata charms met are due, and
(d) reasonable coats which are amunliv Indefault.
curred for dertsOhingand transporting the Manufsawred Home to the Site of We. and
I must also perform any other obligation I would have had to oWfoml In the absence of default. I have the right to cure a default uD to
three 191 times in any calendar year.
14. NOTICE Except for any notice required under applicable law to be given In another manner, (a) any notice to me provided for in
this Contract alas be given In writing by maiWng such notice by certified maor addressed to me at the ManufaetlxedMoms address or
at such other address as f may designate by ria*s to you In writfnM and (VI any notice to you shall be given in wdtkV by cardtled
mall, rettrm recebt requested, to your address stated hereto or to such other address as you may designate by notice to me In wrl[hg.
1 S. ATTORNWS FEE& if you hire an attorney who is not a salaried employee to celleat what f owe under this Contract or to get
posseasion of the ManufaCtured Home or to enforce my agreemants here:,, 1 may be required to per yaw reasonable attorney's feet
Plus court assts and actual out-of-pocket expenses. It state law Provides for a limit on nnx toy's teas, t wig pay only the legal omit,
10. IYOSCN.LANEOUS PRCM31pNffi This written Contract It the only agree-ent that covers my purchase of to property. This
Contract can only be modified or amended, or provisions; in It waived (given upl, by a written modification to this Contract signed by
You. You can decide not to use or enforce env of your riohts under this Cormaet without loving them. For example, you w extend the
time for mawng some payments without extending others. If any Dart of this Contract cannot be enforced because of a law which
crohbts It, at other parts can still be enforced, l agree to pay you all allowable c lutMas for the return, by a depository Institution of a
dishonored Check or other negotiable instrument to the full extent provided by appNespro law. I agree to cooperstawitn you regarding
any requests after closing to correct efrorr made conceminp this Coed7*ct or the transaction and to provide any and all additional
documentation deemed necessary by you to complete this transaction-
IY, ARBITRATION: W disputes, claims, or eontroversMS arising from or relating to this Agreement or the relationships which result
from this Agreement, or the validity of this arbitration clause or the snore Agreement, shalt be resolved by binft arbitration by one
arbf rator selected by you with my consent. This arbitration agr 'ls made pursuant to a transaction invoMnp lnteratata
commerce, and shall be governed by the Federal Arbitration Act, TIT% 9 of the UNted States Code.
may be entered in an c J aebtteni uRir the award rat to
rae any o? ?'rirrg jurisdiction. The gentles agree and understand tenet they choose afbntrattgn hstaed of litigation ion to
dlsputas. The parties understand that they have a right or p ort,lnnkkyy to itigate dsputes In court, but that they prefer to
resolve OWr disputes through arbitration, oxCaot as provided herein. THE PI TES VOAWANLY AND KNOMgNQLY WAIVE ANY
AI(MT tHEY HAVE TO A JURY TRIAL„ e3T4FJ! PURSUANT TO ARBITRATION UNDER TABS CLAUSE OR PURSUANT To A COUM
ACTION by YOU (AS PROVKM NNEiN). The parties agree and understand that all disputes arlstnp 'under rase raw, statutory law.,
and as other laws InaWng. but not &r fted to, no contract, tort, and property disputes, will be subject to binding arbitration In accord
with this agreement. I agree that I liter not have the right to participate as a representative or a member of any class of claiments
pertalntng to any claim ariA fftg from or relating to this Agrearnent. The parties agree and understand that the arbitrator shall have at
Dowera provided by law and the Agreement. These powers shag include all I&W and evuitable remedies, including. but not limited to,
money damages, deofaratery M49f, and intunCtive relief. Notwithstanding anything hereunto the corwary, you retain an option to use
judicial or non4idleial relief to enforce a aeCurity agreementrafattrsg to the collateral soared In a transactionunderlying thus arbitration
afMeement. to enforce the monetary Obifgatian a to foreclose on Ina collateral, Such judicial relief would take the form of a lawsuit,
The institution and maintenanceof an action for fudicial relief in a court to foreclose upon any cOLLatersi,. tc obtain a monetary judgment
or to enforce the security agreement, shall not Conrtihete a waiver of the right of any parry to compel arbitration in this Agreement,
OchAing the fling of a counterclaim In a suit brought by you pursuant to this 9rovyion-
1S. ADDITIONAL TERMS:
x/a
LW?nBy.d....,l,q..?. Cte,r,alY rrr.. eT?1XRC[AaA fl771N OI?aNaL AY t?.aa7ET lerax
*-Aft Trai Frwvm 0-woo.., I Is?. 1662.
MUM - $106855
NOTICE: ANY HOLDER OF THS CONSUMER CREDIT CONTRACT iS SUBJECT TO ALL CLAIMS AND
DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE GELLER OE GOODS OR SERVICES
ORTAJNED PURSUANT HERETO OR WITH THE PRO%ED6 HEREOF. RECOVERY HEREUNDER BY THE
DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
NOTICE TO BUYER: 1. DO NOT SIGN THi$ CONTRACT IF IT CONTAINS ANY BLANK SPACES. Z. YOU ARE
ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU MaN. KEEP IT TO PROTECT YOUR LEGAL
RIGHTS. a. LIABILITY INSURANCE COVElcI.ApE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY 1196URANCE BOX ON PAGE 1.
BUYER ACKNOWLEDGES RECEIPT OF
X `t Ce aV
SiOrlaturre o Buyer Dila]F RF5 Da a
COMPLETER COPY OF THIS CONTRACT.
_x _
Signature of Buyer Date
ASSIaNRIM liy ULLPR
Coo Ocod and valuable consideration, the adequacy and sufficiency of which are MOMW acittrwwled"aed, Seller hereby sells, assigns,
and transfers Ks entka right, title, and Interim In the ComaCt and the property dascrbed therdn [the 'Fkoparty") to Assignee. Such
assignment Is made pursuant to the terms contained herein and In it separate Dealer Agreament, which Is hcomorated herein by
reference; and pursuant to such policies, orocedwes, and eem ksments as Isaued by the Assignee from time to time.
IN ADDITION TO THE ABOVE, this Assignment 4ndudes that certain provision to follow. provident that. R cow of the tokminp
provisions has txen r:hedtad by the Seiler. this Assignment shall be considered to have boon ichecked'WhR Recourse-: A. -Wlhout
Reeoursa"_ The assignment of the Contract is and shall be without recourse against the Stier except as provided 8beve and in any
separate dealer agreement between Seller and Assignee relating to the purchase of Contraou, S. "Unfrad Reoaurae", k the event of
default of Buyer before Buyer she# have paid the number of monthly payments under the Corttractas set forth below under "Linnftad
Recourse-, the Seller will, upon demand. repurchase the Contract from Assignee for the fug amount ;enteining unpaid wrier the
Convect. C. "Repurchasa". If the Assignee repossesses eha Manufactured Nome, the Seller will, upon demand, repurchase the
Contract frorn the Assignee for the full amount remaining unpaid under tht Contract. D. -VJKN Recourse The Seller unconditionally
guarantees payment of the full amount remaining unpaid tinder the Contract and agrees to ourohese the Contract from the Assignee,
default of demand. for the l amount shag have pe[ unpaid, the Hamper the Coact shall be in default. E. "Umltbd Repurchase". In the avant of
def ult q o Buyer ore Buyer the Beier will. morrWy pwvmvits under the Contract as set forth below under Urnited
s
Contract K the Assignee repoa ft Ma fnu acttu urred HomstrdCt from the Assignee for the furl amount ramsirsing unpaid under ihr
? sesses
Seller. by signna below, executes this Comaet and also assigns the same to the Assignee in accordance with the faregoino
provisrom. The Seser•s Assignment wee also Include t Tin provision set torplh above whiClh Is checked below:
HOIUIIB Nitow IiC,C)
Dale8y: X lSeYer - Ada. ? , , ?"'
I A. iMthou *CouAl
. Limited Recourse t ) C_ Repurchase I I M With Recourse f ) E. Limited Repurchase
Payments
Payments
6MiWV$W M ru.. 9e. C'04RUMN Foe aTiMNNCLAVA f MAM CAOIM0L 4T-10-711,-toy 100) 0w#e IOr F
AL, AZ, AR, Cr, DE, AG k'f.,, GA, U (L9 PbM, ID, II., IN, KY, I.A, MA (Lft MD, ME (LH First Liens)
Ml, MN, MO")gird Lieom), M5, MT, NF, NV, NH4 NJ (HO), NM, NY, NC, ND, OH (HU), UK, UR, PA (HO),
R RX, SD, TN, TX (90), VT, VT, VA, WA, WV
relationships that work
NOT7CE OF pUNU1 T
AND
green tree
RIGHT TO CURE DEFAULT
Date of Notice: 03/1612010 Ccrtificd Mail Receipt No. 71067112169012293499
Darrell Hopes Green Tree Consumer Disu:oun Company
276 Redwood La Three Executive Park Drive Suite 14
Carlisle, PA 17015-7818 Bedibrd, NH 03110
800-043-0202
Account No: 733275127 Creditor: Green Tree Consumer Discount
Company
Brief ideatrficanoo of credit transaction: Manufactured Home Account
You are now ut default on this credit transaction. You have the right to correct obis default within 30 days from the postmarked
daze of this Notice.
If you correct the default, you may ormfinue with the contract as though you did not default.
Your defadt consists ok 3 payments past due(plus $10.00 in fees and charges) totaling $2,856.20.
Core of deholt: Within 30 days fmm the postmarked date of thus Notice, you tray cure your default by Daying $2,856.20, wbicb
consists of 52,846.20 for past due payments and $10-00 for late charges, or by doing the following:
Creditors rigbts: 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 rcposscas or forcclosc on its oollstaral.
if you fail b coat: the " armoutit of your default within the cure period described above, tbcu as of 30 days from the postmark
of this Notice, the maturity of this contract is automatic ally accelerated and full payment of the contract in the amount of
$74,321.07 shall be due and payable without any fo tber notice Rom the creditor. Additional expensea, interest and charges
accrued after the date of this wdcg 3ba11 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 bave to accele rstioo and
foreclosure.
If you have my questions, write Green Tree at the above address or call the number provided.
If this default was caused by your failure to malts a payment or payments, and you want to pay by mail, send a cashier's check or
money order. Do not send cash. Otber payment arrangements may be made by contacting Green Tree.
This is am, atilotilWrt6VGfai&a a debt and any Wormation
4771
I
0 9
a
O W
V Q
/a.
t:r1 C
oZo
cr
3. epfto Typo cwff O aWL
i 4_ Anommad tw.-A rmb. F.0 ? vs
Y Yet.
Ono
IV..,
Green Tree Consumer Discount Company
Tempe III
7360 South Kyraua Rd
Tempe, AZ 852834583
P3 Form 3811, July 2001 tromBMR nstwn
7107
0
rr???rr
bf 2
W
m
(?? rn
m
x
-A (?` ` II Vv I'
733275127 005 FMSTL'LA55 MAIL
Green Troc Consumer Discount Company U.& ", TAGS A"
Tampa, AZ 8 583 ON ? N PAID
7106 7112 1690 1-229 3499
Darrell Hughes
276 Redwood La
Carlisle, PA 17015 7818
9GNOI 279969-006734 0069609
1111111111111111
7106 7112 1690 1229 3499
Daaell Hughes
276 Redwood Lb
Cedis* PA 17015-7818
733275127 005
73
L?€?4;aAl? E"!-f I C_,4E
:%???'S'Rr:. t.?? ? " ?'.:a ?i???t? r?'f'.??•.'4-.? 'ryt',tw •? tt.r': r''r ., 1_
.:4 a ?:1. r:_. f:' !kltf_':l %1 ir: rilnAn'. •+? Irtl'
ifd y' _t???k ?.s'°j' ti?,?t?.s-' ';,1?•t•,7fGf_, S•? ,'i?t?'' ?...'_:,'
d t?ej^Yr? wap !!r ? Miwl+Ul r rwri? i1r? eiriu'rY.;YrY•ww? r'?: '• •• ?:-? • ''f :• . `t•yy ::.y -. , . . i .
_ d. - tit ?-',?`°' •'r. ?' ?i' +,? "?? •'?? "• .k?:.ir ?? 's•• L.y ??,t,? I f 'tk.-.'i
'`?'-. rr{ ••`3 ?4.' ..•••r e:7•'? .-:7'_74w`?.Y.'.?•?7>,iL"'t.'r?l!"vy.?.
Kif
• yit0 •?r. ''_a:Y }gib v'T ?'t09Nd+?wi'o9wrtdn!"' ?;...? '
".i tsr!rt =:Jd t' - ^'r.t '?•`:'.AY"".r,. '?eC-..'nwiii -mow ?111M t.
w id: awM+rcMECtc'rEpE 4. o.iw+ki..:7n au.
4 r- ?" , ` '•. s, -' Ca"i?.: M"'a4?? " "-: r Iy1?6'?e (?d.as T ?Qp pry ?-`.
It t?oitMian? 'duty at
arm.
?, •J .1-- ? • ... ? 5:--?"?"? : ?. (.« ?f S ascma,my+w Sow o MdrrnLl tr aerate} 'rr?"•i 's t?'' ? Yy
.:.. ,eE?3? ,_' ";lt'tniGt!'43??. .+iNI? iF inuri.oa:
tow
'??' ? •' _ '?'. ... -ri •S :?,7 ? ? ? : FIIAIIdtC NIRIIll1t]M ia??? ?',?`=?:' • - . T: -: '
.J7 .. : rA ,; :i. h .... "^ mp atrr' r., x; dc:,»' !;`::`' ?? lFNOt81:0ECK . Dr
ra• yw ±r•+?+?rr w?rrrrr. ra?? q
.a:,+-?. ... •• )?'.•. ?:??.b? F'1?DUI/itlloeb: l';r?r.'C:: :'j:y-' c-i .w .?d.•.:
` ?, •;•7..1., +,• ? ;•.? ' 1_r? °:???`:Sj ?: i?' :Y?y_-? : • : ??, iH[Wi_t_ '?. • . - .c, ,b'r `.?:.. S??f
.r` a- P` •f?r? -!Y • A% r. O . ?I[:-i,' ??_a.-, 7•'.. '.Ar'.
.? ;o' '•, ? , rw:+weaMCrowpai?.w?na?as? :<''ra !P+' { ?S; • •. -
? e'•:.. ??.? c- c_ ?'.3?.'.?e,"!SA,? ri:- 'ctrr .. n . • t• `?srA7E:,:. ?.-•
V t?e•r1MREi ?..•? •'. •.fa1rA.`•_??!/iMio?u idlflilTIQ1711M91?r,,? ,'.^.+•i•'I
. J.
?M6tr uc,'l
VERIFICATION
I, Linda Murphy, 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.
Linda Murphy, Collection Manager Green
Tree Consumer Discount Company
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
,~~tititt~ aC ~nir~Gr,~r
X76
~F~ ..~;:;:~
~~~~~ ~ '~
Z~~~ ~l~~~ ~ ~ ~i~r ~~ ~~
P~~af~~~'i'~Vn,~,~~A
Green Tree Consumer Discount Co.
Case Number
vs.
Darrell Hughes 2010-2771
SHERIFF'S RETURN OF SERVICE
05/14/2010 03:16 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
May 14, 2010 at 1515 hours, he served a true copy of the within Complaint in Replevin, upon the within
named defendant, to wit: Darrell Hughes, by making known unto himself personally, at 276 Redwood
Lane, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $33.84
May 17, 2010
GERALD WORTHINGT ,DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
rc Cain`y8uite Shen"f. Telecscft. Inc.
aF CL,41
David Buell" A 444 e Renee R Simpson
Prothonotary 1St Deputy Prothonotary
�irkS. Sohonage, ESQ 1 ,Irene E. Morrow
Solicitor 1750 2nd Deputy Prothonotary
Office of the prothonotary
Cumberland County, cPennsy(vania
!Q c2 Y'f l CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ealc(717)240-6S 73