HomeMy WebLinkAbout04-3100IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount CIVIL DIVISION
Company,
Plaintiff, No. ~)(-1/- ~
Complaint in Civil Action - Replevin
James L. Gettel,
Defendant.
Filed on behalf of:
Green Tree Consumer
Company,
Discount
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §
1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY
(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer
Company,
Plaintiff,
V.
James L. Gettel,
Defendant.
Discount
)
)
)
)
CIVIL DIVISION
No.
Complaint in Replevin
NOTICE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
James L. Gettel,
Defendant.
CIVIL DIVISION
No. 31oo
THIS FIRM IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE
USED FORTHAT PURPOSE. IFYOU HAVE
PREVIOUSLY RECEIVEDA DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT
REAFFIRMED, THIS NOTICE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, by and through its
attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in
Replevin:
1. Green Tree Consumer Discount Company, hereinafter referred to as
"Plaintiff" or "Green Tree," is a corporation duly authorized to conduct business in the
Commonwealth of Pennsylvania and has its principal place of business located at
Stonewood Commons III, 105 Bradford Road, Suite 200, Wexford, Pennsylvania 15090.
2. James L. Gettel, hereinafter referred to as "Defendant," is an individual
whose last known address is 113 Hershey Rd Lot 6, Shippensburg, Pennsylvania 17257.
3. On or about September 15, 2000, Defendant purchased a 1992 Norris
Industries Pinecrest Manufactured Home, Serial Number N01017342TN,
(the "Mobile Home"), from Conseco Bank, Inc., (the "Seller"), and entered into a written
Manufactured Home Promissory Note, Security Agreement and Disclosure Statement,
(the "Security Agreement") for the payment of a portion of the purchase price thereof. A
true and correct copy of the Security Agreement is attached hereto as Exhibit "A."
4. Seller assigned its interest in the SecurityAgreement to Plaintiff, Green Tree.
Green Tree perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$24,500.00 andtl~at the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of June 14, 2004, the Defendant's payments of interest and
principal were in arrears in the amount of $961.70. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of June 14, 2004, is $26,294.24.
7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess
the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile
Home is attached hereto as Exhibit "C."
demand.
Defendant failed to cure the default or return the Mobile Home upon Plaintiff's
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
pay:
10. The Security Agreement provides that in the event of default, Defendant will
a. the reasonable attorney's fees of seller or of seller's assignee,
provided that prior to commencement of legal action such fee shall not
exceed $50.00;
b. court costs and disbursements; and
c. costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
11. In order to bring this action Green Tree Consumer Discount Company, was
required to retain an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of interalia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNTII-DAMAGES
By way of separate and alternative pleading, Plaintiff, Green Tree Consumer
Discount Company, alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests:
a) judgment against Defendant in the amount of $26,294.24 with interest and late
charges plus detention damages, special damages consisting of interalia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
L:\Green Tree\Gettel, James\CM Replevin.wpd
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
VERIFICATION
Carmine M. Amelio, Regional Manager and duly authorized representative of
Green Tree Consumer Discount Company, deposes and says subject to the
penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities
that the facts set forth in the foregoing are true and correct to the best of his
knowledge, information and belief.
GREEN TREE CONSUMER DISCOUNT COMPANY
ine M. Amelio, Regional Manager
L:\Green Tree\GEN ERAL\Vedfication.Amelio.wpd
GT-10-00-202 (4/00) MH-PNSA IIO, NORTH CAROLINA, PENNSYLVAI~
· MANUFACTURED HOME PROMISSORY NOTE, SECURITY r'~
AGREEMENT AND DISCLOSURE STATEMENT (CONY. - FHA - VA) (SI) t Date
MAKER: GETTEL. JA~LES L.. 113 FLERSEEY RD LOT 6. SEIPPF~SBURG. PA 17257
MAKER:
GETTEL- 5260895
CREDITOR: Co,seco Bank. thc. 2825 E. Cottonwood Parkway. Suite 230. Salt Lake City. UT 8412t
FEDERAL TRUTH-IN-LENDING ACT DISCLOSURES
ANNUAL FINANCE
PERCENTAGE RATE CHARGE
(The cast of my credit a~ a (The dollar amount the
yearly rate.) credit will cost rna.)
13.63% ~ 73418.70
My Payment Schedule wiU be:
Number of Payments
360
Amount Total of Payments Total Sale Price
Financed (The amount I w~ll have (The total cost of my purchase
(The amount of credit provided paid after I have made all on credit, including
to me cc on my behalf.) payments as scheduledJ my down payment of
$ .oo
$ 23237.70 $ 96656.40 $ 96656.40
Amount of Payments
268.49
When Payments Are Due
Monthly beginning 30-45 days from
the date of :he disbursement.
SECURITY: I am giving a security interest in: N/^ Other (describe): N/A
XX The manufacture(~flome or modular home being purchasedor refinanced.
N/A Real property located at N/A
LATE CHARGE: If a payment is more than z0 days late. I will be charged
PREPAYMENT: If I pay off early, I x may N/A will not be charged a prepayment penalty.
X~ If I pay off early, I will not be entitled to a refund of part of the origination fee.
ASSUMPTION; Someone buying my home may, subject to underwriting conditions, be allowed to assume the remainder of my
obligation on the original terms.
See the Contract document below for any additiona~ information about nonpayment, default, any required repayment in full before
the scheduled date, and prepayment refunds and penalties.
ITEMIZATION OF THE AMOUNT FINANCED
1, Amount Given To Me Directly .................. $ .0o
2. Amounts Paid To Others On My Behalf:
a. Paid to Public Officials ........................ + $ .0o
b. Paid to Insurance Companies ................ + $ . co
c, Paid to Appraiser ................................. + $ ,00
d. Paid to CONSECO EOR POINTS + $ 933.50
e. Paid to APPLICATION FEE + $ 100~00
f. Paid to CONSECO 73325190 +$ 15380.83
g. Paid to EDNA K F~EY & JAMES + $ 5000.00
h. Paid to JAMES GS~TEL + $ 1856.87
i. Paid to
j. Paid to + $ .0o
k. Paid to + $ .o0
I. Paid to + $ .co
re. Paid to + $ .0o
n. Paid to + $ .00
3. Principal Balance (1 + 2a.-n.) .................. $ 24271.20
4. Prepaid Finance Charges .........................
_ $ .oo
5. Amount Financed (3 - 4) ......................... S 23237.70
PHYSICAL DAMAGE INSURANCE
Physical Damage Insurance is requited but I may obtain it from
anyone I want that is acceptable to you, If I get the insurance
checked below from you or through you, I will pay you
$ .oo .for insura~ce protection for a term of o0 years.
N/A Comprehensive ($ .o0 deductible)
N/A Flood
N/A Liability N/A Vendor's Single Interest
N/A Other N/A
OPTIONAL CREDIT LIFE AND DISABILITY INSURANCE
Credit Life and Disability Insurance are not required to obtain
credit and will not be provided unless I sign and agree to pay the
additional cost.
The term of this insurance is 00 years.
N/A Single Credit Life Insurance $ .00
N/A Joint Credit Life Insurance $ .00
N/A Single Credit Disability Insurance $ .00
Total $ .00
Signature of Maker(si insured Date
EXHIBIT "A"
I ...~TRACT ANO SECURITY Ai3REEI~
1: DEFINITIONS: 'l', 'me," "my# means the MakerlsL 'You," 'your' means the Creditor. 'Manufactured Home' means the
manufactured home or modular home; the real property described on page 1, if applicable; and any other property described on page
deed of trust, if applicable.
NEW0R
USED YEAR AND MAKE
Other
{Describe)
Manufactured Home
MODEL I SERIAL NUMBER t SIZE
2. LOCATION: The Manufactured Home is located at the following address: 113 ~ ~ LO~ 6. SEZ~P~lSBL~G. PR ].7257 · . The Jand on which the Manufactured Home is located is owned by: Tat~ PA~TY
3, PROMISE TO PAY: To re~ay my loan, I ixomise to pay you U.S. $ 2a271. ~0 (the 'Principal Balance') as shown
per annum according to the payment schedule set forth on page I, plus other amounts as agreed and allowed by law, The Total Sale
Price la $966§6.A0 and my ~own ~ymmtt ie $.00
4.. XZ ORIGINATION FEE: I also agree to pay a nonrefundabie origination fee of $ 933.50 , and it wil{ be N/A paid in
cash. ?/A paid pro rata over the loan term. xx withheld from the proceeds. (if this fee is withherd from the proceeds, the
amount ia included in the principal sum. J
5, LATE CHARGE: If a payment is made more than
10 days after it is due, I agree to pay a late charge of [0% of the
6. NSF FEE: If any instrument which I submit to you is returned unpaid for any reason, I will pay you a fee of $ 25.00
7. SIMPLE INTEREST CONTRACT: This is a simple interest contract. Interest will accrue u~on the unpaid ;xincipal balance
outstanding from time to time. The Finance Cheqle, Total of Payments and Payment Schedule were computed based on the
assumption that payment will be made on the dates scheduled for payment, Early payments will reduce my final payment. Late
payments will increase my final payment. My final payment will be equal to all unpaid sums due under this Agreement. My promise
requires me to pay the final payment on the date due even if the amount of the final payment differs from tho amount of the final
payment disclosed.
8. SECURITY INTEREST: I give you a security interest under the applicable certificate of title law or Uniform Commercial Code in the
Manufactured Home and any pmper~y added or attached to it, to secure my obligation under this Agreement. Unless otherwise stated
in this Agreement, there are no prior liens on the Manufactured Home. I also grant you a security interest in any interest I may have in
premium refunds or proceeds under any insurance covering tine Manufactured Home. I agree to execute any application for certificate of
title or ownership, financing statement, or other document nscesseW to perfect your security interest in the Manufactured Home. To
the extent, if any, that any Agreement (whether or not accompanied by any one or more original) constitutes chattel paper (as such
term is defined in tho Uniform Commerciel Code in effect in the applicable jurisdiction) no security interest in any Agreement may be
created in any document{s) other than the Original.
9. PREPAYMENT: I MAY PREPAY THIS NOTE IN PART OR IN FULL AT ANYTIME. I WILL NOT PAY A
PENALTY UPON PREPAYMENT UNLESS OTHERWISE STATED IN THE NEXT SENTENCE. IF I PREPAY IN
FULL WITHIN 60 MONTHS OF THE DATE OF THIS NOTE, I WILL PAY YOU A PENALTY OF
~ ~mt~ ~z~t~e~t On the ~ounC ~n ~e~ 0£ 20% o£ ~h~ O~4g~n~l ~rinct~l ~lnt
· Partial prepayments will
not excuse or reduce any later scheduled payment until this note is paid in full.
lo. NO WARRANTIES: ! agree that there are no warranties of any type covering the Manufactured Home. If I am purchasing the
Manufactured Home, then it is being purchased AS IS and ~11'H ALL FAULTS and THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE MANUFACTURED HOME I$ WITH ME. I agree that any implied warranty of merchantability and any iml~lied
warranty of fitness for a particular purpose are specifically excluded and do not cover the Manufactured Home. This No Warranties
provision does not apply to the extent that any law prohibits it and it does not cover any separate written warranties.
GETT~L - 5260895
11 PROTECTION OF THE MANUFACTUR~IOME: I will: a) keep the Manufactured H~in good condition and not commit waste;
(b) pay all taxes, charges and tot rent due ~? the Manufactured Home and the real estat'~'t is located on; (c) not move, use i legally,
sell, lease or otherwise transfer the Manufactured Home; (d) not attach the Manufactured Home to any real estate and the
Manufactured Home will aIways be treated as personal property unless you consent Jn writing and state law permits such contrary
treatment; and (e) not let anyboE-y else have any interest in the Manufactured Home.
12. PERSONAL PROPERTY: I agree that regardless of how my Manufactured Home is attached to the rea[ property and regardless of
how your security interest in my Manufactured Home is perfected and regardless of whether an affidavit of affixture {or other similar
instrument identifying the property as a fixture) has been recorded, my Manufactured Home is and shall remain personal property and is
not and shall not become a fixture or part of the real property unless you consent in writing and state law permits a contrary
classification. I agree to pay any and all personal property taxes assessed against my Manufactured Home and agree that failure to pay
such taxes shall constitute a default under paragraph 17 on page 3.
13. INSURANCE: I will keep the Manufactured Home insured against such risks and in such amounts as you may reasonably require
with an insurance company satisfactory to you. I will arrange for you to be named as loss payee on the policy. I agree to provide you
written evidence of insurance as requested by you from time to time. If you finance the purchase of any such insurance for me, I will
repay you for the cost of that insurance, plus interest up to the contract rate of interest. I authorize you to furnish account data to a
licensed insurance agent of your choice so such agent may solicit the purchase of credit, property, warranty or other insurance from
me. I agree that the insurance company may make any payments due under the policy directly to you, and I direct the insurance
company to do so. You may do whatever you think is necessary to be sure that any proceeds of the insurance will be used to repair the
Manufactured Home or pay off. this Agreement. I give you a power of attorney (which I cannot canceil so that you may do whatever
you need to in order to cotlect the insurance proceeds. If I fail to obtain, maintain or pay for the required insurance, or if I fail to arrange
for you to be named as loss payee, you may treat that as a default of my obligations under this Agreement, and you may (but are not
required to) purchase such insurance. If you purchase such insurance, I will immediately repay you for any amounts you spend in
purchasing the insurance, plus interest up to the contract rate et interest or, at your option, pay you over time as s workout of the
obligation. If I owe you for any insurance {or for late charges, attorneys' fees or collection costs), I understand that I owe an additional
sum for these debts beyond my monthly principal and interest payment. My monthly payment will therefore be greater than that stated
on page 1 until such additional debts are paid in full.
14, CHARGES; LIENS: I shall pay all taxes, assessments and other charges, fines, and impositions attributable to the Manufactured
Home which may attain a priority under this Agreement. I shall promptly furnish to you all notices of amounts due under this paragraph
and, if I make payments on any such amounts directly, I shall promptly furnish to you receipts evidencing such payments. I shall
promptly discharge any lien which has priority over this Agreement provided that I shall not be required to discharge any such lien so
long as I shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to you or shall in good faith
contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or
forfeiture of the Manufactured Home or any part thereof.
15. INSPECTION: You may make, or cause to be made, reasonable entries upon and inspections of the Manufactured Home, provided
that you shall give me notice prior to any such inspection specifying reasonable cause therefor related to your interest in the
Manufactured Home.
16. FORBEARANCE BY CREDITOR NOT A WAIVER: Any forbearance by you in exercising any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance
or the payment of taxes or other liens or charges by you shall not be a waiver of your right tO accelerate the maturity of this
indebtedness secured by this contract and declare a default herein.
17, DEFAULT: I will be in default if: (i} I do not make a payment on time; or (ii) I do net keep any of my other promises under this
Agreement; or {iii) I file a case, or someone else files a case against me, under the United States Bankruptcy Code; or (iv) you feel in
good faith that the Manufactured Home is in danger or that I will not be able to continue my payments. The default described under (iv}
does not apply if this Agreement is guaranteed by the Veteran's Administration. You will give me notice of the default except when I
voluntarily surrender or abandon the Manufactured Home. I will have the right to cure the default during the notice period. If I do not
cure the default, you may do either or both of the following: [a) Acceleration: You can require me to immediately pay you the entire
remaining balance of this Agreement; and/or ih) Repossession: You can repossess the Manufactured Home. Once you get possession of
the Manufactured Home you may sell it. If the amount from the sale, after expenses, is less than what I owe you, I will pay you the
difference, where allowed by law. If there is any property left in the Manufactured Home when you repossess, you may dispose of it as
provided by law. If I default, you can do whatever is necessary to correct my default. If you spend money to correct my default, I will
pay you back immediately with interest at the contract rate of interest.
18. NOTICE: Except for any notice required under applicable law to be given in another manner, (a} any notice to me provided for in
this Agreement shall be given in writing by mailing such notice by certified mail, addressed to me at the Manufactured Home address
or at such other address as I may designate by notice to you in writing, and (b) any notice to you shall be given in writing by certified
mail, return receipt requested, to your address stated herein or to such other address as you may designate by notice to me in writing.
19. TRANSFER OF PROPERTY; ASSUMPTION: If all or any part of the Manufactured Home or interest therein is sold or otherwise
transferred by me without your prior written consent, excluding the creation of a purchase money security interest for household
appliances, you may, at your option, declare all the sums secured by this Agreement to be immediately due and payable. If you
exercise such option to accelerate, you shall mail to me thirty (30j days prior notice of acceleration in accordance with the notice
provision herein. If I fail to pay such sums prior to the expiratiOn of such period, you may, without further notice or demand on me,
invoke any remedies permitted under law.
20. ATTORNEY'S FEES: If you hire an attorney who is not a salaried employee to collect what I owe under this Agreement or to get
possession of the Manufactured Home or to enforce my agreements herein, I will pay your statutory attorney's fees plus court costs
and out-of-pocket expenses, if allowed by law. This provision does not apply if this Contract was executed in Ohio.
21. MISCELLANEOUS PROVISIONS: This written Agreement is the only agreement that covers my loan. This Agreement can only be
modified or amended or provisions Jn it waived (given upi by a wdtten modification to this Agreement signed by you. You can decide
not to use er enforce any of your rights under this Agreement without losing them. For example, you can extend the time for making
some IMyments without extending othel~ any pa~ of ~s Agr~ment ¢an~ ~ e~d became of a law which ~obibits it, all
ot~r ~s can still ~ enforce. I agr~ ~coo~rate wi~ you r~ardi~ ~ requ~ts a~r closing to correct errors made co~erni~
t~s Agree~nt or ~ ~ansa~ion a~ to ~ovlde a~ and all additional d~fion deemed ~ce~ by you to comp~te this
tran~cti~.
~. ARB~T~: All ~s~es, claims, or controversies aging from ~ rMati~ ~ this Agr~ment ~ the relationships w~ch result
from ~is Agr~nt, ~ ~ vMidiW of ~is afbi~at on cla~ or t~ ~tke ~r~t, ~ll ~ resolv~ by bindi~ a~ation by ~
arbitrator s~ by you with my c~. ~s a~vation agr~ is made purs~ ~ a Vansaction i~olvi~ i~ate
r~olve ~s~. T~ ~es ~e~nd ~t ~ ~ve a dg~ ~ o~ to la,gate disp~es in ~, ~ t~t ~ey prefer m
r~o~e ~r disp~es ~fl ar~flofl, ex.pt as ~ovided ~ifl. ~ PA~ VOLU~A~Y ~D ~GLY WAIVE ~Y
~ TH~ HAVE TO A JURY ~, ~H~ ~T TO A~T~ ~D~ THIS C~U~ OR PU~U~T TO A COU~
w~ ~ ~r~e~. I a~ ~t I s~ll ~t h~e ~ Kght ~ ~ci~ as a r~e ~ a mem~r of any class of c~ima~s
~ dam~s, d~lam~W r~bf, a~ i~ve r~i~. N~i~ an~hi~ ~ ~ ~ntrew, we re.in an o~ to use
~ i~i~on a~ ma~ of an ~ f~ j~i~ relief in a cou~ to f~lo~ ~ any colOr.al, ~ obtain a m~e~W judgm~t
or ~ e~or~ the ~ ag~, ~11 ~ ~e a wa~ of ~ ~ of any pa~ to cornel arbi~e~n r~ardi~ a~ o~r
~ ~ mm~ ~j~ ~ a~t~n in ~is Ag~ent, i~l~i~ t~ f,~ of a count~aim in a suit brought by you pum~ to
23. ~B~ ~W: ~ ~er~t to ~ c~r~d, ~fl~a~ for, a~ r~ved on tNs ~an, incl~i~ f~s and c~rges con~t~ing
i~r~ ~ f~r~ s~tu~ or reg~ato~ law, is govem~ by ~ ~ws of ~e S~te of O=~h and applicable
f~er~ law . All ~r te~s of ~is loan are gover~d by ~ laws of ~ State of
24. ADDITIONAL TERMS:
NOTICE TO MAKER(S): 1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS
ANY BLANK SPACES. 2. YOU ARE ENTITLED TO A COPY OF THIS AGREEMENT.
MAKER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT.
CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE
ENTIRE AGREEMENT BEFORE YOU SIGN IT.
.. Dat~ Signature
/
Date
'CERTIFICATE OF TITLE FO~ A VEHICLE
PA 172!
DATE
TREE COHSURER
OX
~ #EXFORD P~ ~SOqO
1992 I NORRIS
-,,,,,.,,,,,. I ,,,,.""2/'""t
AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens),
MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA (HO),
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NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice:5-27-04
JAMES GETTEL
113 HERSHEY RD LOT 6
SHIPPENSBURG, PA 17257
CERTIFIED MAlL RECEIPT NO.
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SUITE 200
WEXFORD, PA 15090
1-800-245-1340
Account No :18371919
CREDITOR: GREEN TREE CONSUMER DIS.CO.
Credit Transaction: MANUFACTURED HOME ACCOUNT
You are now in default on this credit transaction. You have the right to correct this default within 30 days from the
postmarked date of this Notice.
If you correct the default, you may continue with the contract as thought you did not default.
Your default consists of:3payments (plus NA in fees and charges) totaling $934.86.
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $934.862
which consists of $854.34for past due payments andS80.52 for late charges, or by doing the following: NA
Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its fights against you under
the law by taking legal action to repossess or foreclose on its collateral.
If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the
postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the
amount$25006.48shall be due and payable without any further notice from the creditor. Additional expenses,interest
and charges accured after the date of this notice shall also be due and payable.
If you have questions, write Gree Tree Consumer Dis. Co. at the above address or call the number provided.
If this default was caused by your failure to make a payment of payments, and you want to pay by mail, send a cashier's check
or money order. Do not send cash. Other payment arrangements may be made by contacting Gree Tree Consumer Dis. Co.
EXHIBIT "C"
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03100 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
GETTEL JAMES L
RONALD HOOVER
Cumberland County, Pennsylvania,
says, the within COMPLAINT - REPLEVIN
Sheriff or Deputy Sheriff of
who being duly sworn according
was served upon
on the 14th day of July
LOT 6
by handing to
ADULT IN CHARGE
- REPLEVIN together with
GETTEL JAMES L
DEFENDANT at 1925:00 HOURS,
at 113 HERSHEY ROAD
SHIPPENSBURG, PA 17257
BECKEY CARDER, GIRLFRIEND,
a true and attested copy of COMPLAINT
to law,
the
, 2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.80
Affidavit .00
Surcharge 10.00
.00
42.80
Sworn and Subscribed to before
me this /L ~ day of
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So Answers:
R. Thomas Kline
07/15/2004
DYER LAW FIRM
By:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND' COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
James L. Gettel,
Defendant.
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CIVIL DIVISION
No. 04-:3100 Civil
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendant.
Respectfully submitted,
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
L:lGreen TreelGettel, James~P2O.wpd
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