HomeMy WebLinkAbout04-4717IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
CIVIL DIVISION
Complaint in Civil Action - Replevin
Matthew W. Darr and Angelina J.
Darr,
Defendants.
Filed on behalf of:
Green Tree Consumer Discount
Company
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, CQUNSEL
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 Discount )
Company, )
)
Plaintiff, )
)
v. )
)
Matthew W. Darr and Angelina J. )
Dart, )
)
Defendants. )
)
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.
Matthew W. Dart and Angelina J.
Darr,
Defendants.
CIVIL DIVISION
No.
TH~S 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 OFA 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. Matthew W. Dar, hereinafter referred to as "Purchaser," is an adult individual
whose last known address is 18 Big Spring Terrace, Newville, Pennsylvania 17241.
3. Angelina J. Darr, hereinafter referred to as "Occupant,"is an adult individual
whose last known address is 18 Big Spring Terrace, Newville, Pennsylvania 17241.
4. Purchaser and Occupant shall be referred to jointly as Defendants where
applicable.
5. On or about July 27, 1998, Purchaser bought a 1996 Fleetwood Oak Knoll
Manufactured Home, Serial Number PAFLT22AB092600K13, (the "Mobile Home"), from
Green Tree Consumer Discount Company, (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."
6. 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."
7. Plaintiff avers that the approximate retail value of said Mobile Home is
$33,000.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
8. Purchaser defaulted under the terms of the Security Agreement by failing to
make payments when due. As of September 10, 2004, the Purchaser's payments of
interest and principal were in arrears in the amount of $5,040.40. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of
September 10, 2004, is $34,525.54.
9. Plaintiff provided Purchaser 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."
10.
demand.
Purchaser failed to cure the default or return the Mobile Home upon Plaintiffs
~ i'~:AULT: I w I be in d~fault if: i~'~'~ or {iii I do nc,~.aep any of my other pr0mlse= u ..........
Agreemer;t; ?r~.{ii ) ~i e a case, or some( a case against me, under the Unit~ates 8ankrupt~ Code; or (iv} you feel in
goo~;~t the:Manufac~red Home i r that I wi? not be able to continue ~ayments. The default described under
~DD V if th S Agreement s guaranteed by the'Veteran s Administration. You will give ~e.notice of the default ~cept when I
Pr0 untardy surrender or abandon the Manufactured Home, ~ w~(I have the right to cure the defautt dun~he.notlce period. If I do ~ot
cure the default, you may do either or both of the fo owing: {a) Acco erat on: You can require me to ~mm~djateiy pay you the entire
rema ning balance of this Agreement~and/or [b) RepoJsession: You can repossess the Manufactured Hom~. 0~qe you get possession 0f
the Manufacture~ Ho~.yo~y~el~'it~f the amount from the sale, after exOenses, is less than what I owe you,,I wgf pay you the
difference. If the~'~y.prope~,l~ft in the. Manufactured Home when you repossess, you may dispose of it. as provided by law. If
default, you can do whatever is necessa~-~'correct m~ default, ~f you spend money to coffect my default, { will pay you'back
immed ately With nterest at'he c~ntract rate of int'}est. ' / ·
~5 NOTICE: ~cept for any notice required u~der apphcable taw to be given m another manner, la} any not, ce to me pro ~ded for ~n
~hls Agreement sba t be given' n w tng by ma no su?.nctme~ ce~fled ma~t 'addressed to me et the Man~actured Home address
or a~ su~ other address as I may designate by.not, ce {o ~o~ in wQting,:and lb} any notice to you ~h?l' be given in writing by codified
.mai~, return teceipt:~3que~ed, to your address stated hereip:or, tp_~t~r:address as you ~ay d~s[gnate by n0~ce to ~ in writing.
~N~.OF PRQPERT-Y~'ASSUMPTtON:>tf all 0/~'~h~rt of the~nufac~d Home ~]~i~terest therein is sold or othe~ise
transferred by me without your'prior writt~ co~ant~excluding the croatian'df a.~ch~etm~ney security' interest for household
apphances you may; at. your oot~on declare all ~he sums~secured~y~greement,to~b~immed*ately due and payable. If you
exercise such option to ~ccelerate, you shall mai~to me thi~y-(30} da~= pr[~r nozi? of acceleration in accordan~ with the notice
provision'herein If I fa ~-to~pay such-sums pr o~t0~h~lratmn of such perlod,.y~u may '~ithout fu~her no, ica'or demand on
.invokeany,rem;dies-p~r~i~ed~underlaw. ~ /'.~'
~A~O~'S FEES: If ~,h~n ~n~v,who is not a salari,d em~to~e~,to:coliec~ what { owe 'under t~is Agreement or to get
'p~ssessi6n-~f the M~nufacturad ~bme-ar to. enforce my agreements herein~l will Day your statutory a~orney s fees plus cou~ cos~
and out. f-pocket expenses. ~ 2~ . ~x/~
18, MISb~L~ANEOUS PR~I~O~: ~his wri~en Agreement is the o~y'aoreement that covers my loan. This Agreement can only be
modified"or a~ended oCp¢ovis~ps~iy~d (g~n.up) by a wri~eQ.~odification to this Agreement signed by you. YOU can decide
not to'use~force any-~'~rig~ts u~e~Ei~'Agreement without losing them. For example, you can extend the time for making
some~'yment~without e~tendin~o~,e~S. If any part of ~i~ Agreement cannot be enforced because of a law which prohibits it, ag
ca.still be e~force~.~agree.to psy you all allowable Charges for the return by a deDosito~ institution of a dishonored check
:in~e~ to law. t agree to cooperate'with.you regarding any reques[s after
~' scmade concemin, or the transaction and to provide any and all additional-documentation
19. from or relating to this Contract or the partie~ thereto shell be resolved
~ ~)ne i.y0u.with.my~con§e, qt.~This arbitration agreement is r~ade pureu~nt~"a transection
--'" '~nd shall'be Fed.era! Arbitration Act at 9 U.S,C. Section 1. Judgment upon the award rendered
, b~.entered.i~'any cou~ havin parries agree and understand that they choose arbitration in~ead 6f litigation to
resole disputes. ~he ~a~ies understa~d4that they have a right or eppo~uniW~tigate.~sputes in court, but that (hey prefer to
resotve~eir disputes through arbitr~, except as provided herein. THE PAR~ES V0[UNTARIL~ ANO KNOW~GLY WAIVE ANY
RIGHT THin'AVE TO A JURy/~I~L, E~H~ PURSUANT-TO ARe~TION UND~ THIS C~USE GR PURSUANT TO A COURT
_AC~N~Y{~O~ [AS PROVIDED H~REIN). The pa~ies agree and understand that alt dispute~ arising, under case law, statutory taw and
ag ot~er laws mclud ng,'but~hm[ted to, all contract, to~ and pr~pe~y disputes wltf be sub e~ to bln~mg arbitration ~n accord with
this Co~tract, The part,es_agree t~at. the arbitrator sh~tl have all p~wers provided b~ taw, the Contract and the agreement of the
pa[t~?. These powe~mclude all legal.and equitable remedies including, but n~t hm~ted to, money damages, decfa~ato~ ~ehef and
inju~tJve~e{i~hstanding anything hereanto the cont~aW, you retain an ootion to use judicial (fiiing a [awsuitl or non-judicial
re ief~t~for~ecudw agreemen[ re ating to the-Man~actured Home secured in a transaction underlying this arb trati0n agreement,
t0 e~or~monetary obhga~on-se~red by the Manufactured Home or to foreclose on the Man.ecru[ed Home. The mst~tutmn ~nd
maintenance of a lawsuit to foreclos~pon.~y cottateral to obtain a monetary tudgment or enforce the security agreeme~ she not
constlt~e a wa~ve~ of the nght of ~any.pa~ to;compel a~bttrat~on regarding any o~her dispute er remedy subjec~ to arbitration in this
Conzra~; including the firing of a counte~ciaim~in~Xsuit brought by you pursuant to this provision. - ~
NOTICE TO MAKER[S); 1. DO NOT SIGN THIS AGREEMENT BEFORE-~,OU R~D IT OR IF IT CONTAINS '~
, · ANY B~NK SPACES. 2. YOU ARE ENTITLED TO A COPY OF,~IS.AGREEMENT. '~
'~- ' ACKNOWLEDGES RECEIPT OF A COMPLIED COP~ Q¢'~IS~EMENT.
CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE~
Signa~ur~ ~w . '
Signature
11. 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:
12. The Security Agreement provides that in the event of default, Purchaser 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.
13. 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:
Judgment against all Defendants to recover possession of the 1996 Fleetwood Oak
Knoll Manufactured Home, Serial Number PAFLT22AB092600K13.
L:\Green Tree\Dart, Matthew\CM Replevin.wpd
Erin P. Dyer, E's'~quire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
be ~n ii) ; or (ii~ I do na,.t.~eep any of my ether prom~se~, u.,.,,.
I file a case. at a case against me, under the Unlt~etes Bankruptcy Code; or (ivJ you feel in
r will not be able to COntinue ~ayments. The defautt described under
i~ this Agreement is guaran~ed by ~e'Veteran's Adm~nistratlon. You will give me.notice of the default except when
surr~der or abaton t~e Manufa~umd N~me, I will have the right to cure the default d~r~ng~he, notice period. If I dO not
cure the default, you may do either o~ b~th o~ the f~llowlng: la} Acc~eration: YOU c~n require m~ to i~e~iatety pay you the entire
remalnin0 balance of this Agmement~and/or lb} Ra~ssession: YOu c~n re~ossess the M~nufactuted Hom~. ~e you get possession O(
the Manufactura~ Ho~yo~y~el~it~f the amaunt from the sale, after expenses, is less ~an what I ~ you, { will Cay you the
d fference, If t~'~y, prope~y,~ft in the. Manufactured Home when you repossess, you may dispose at it. as p/ovid~ by ~aw. I~
default, you can ~o whate~ is n~essa~-~'correct my default, If you spen~ mone~ to carrot my ~ef~ult, I will pay you'b~ck
'immediately With interest at the contract rate of int'}est. / ' -
NOTICE: ~cept for any notice requked under ~plic~b[~aw to be 9~ven in another m~n~er, (al ~ny notice ~o me provided fo~ in
be given'in writing by mailing such:notice~ cenified mail,'add[essed to me ~t the Man~actured Home address
~s: as I may designate by~otice~o yo~ in waling,tend lb) any notice to you ~?i'be given in writing by codified
,ma'l. return receip:.~q~ed to your address stated hereln.or, to s~t~;addre~s as you may designate by notice to me in writing.
16~SE~.OF PROP~ ~UM~ION: If all or any p~ft of :he. Manufactured Hame otTtme~est the~et~ ts sold or othe~lse
tree.erred by me w~thout your prior wn~e~ co~[~exclu~ng the crest~ou~a.~c~asecmoney secunw interest for household
app antes you may at your option ~ec~are all the sums~secured by~th*~Agreement.to,b~mmed~ately due and payable. If you
exercise such option to ecce[erete, you shall m~to me t~y-[30) da¥~ prior not~ce of accelerazlon m accordance w~th the nohce
prows~on here n If I frei-to.pay such-sums Drier to the expiration of such peno~..you may; w~thoot fu~her notme'or ~emand o~
nvoke any remedies-permuted,under law. ~ /
1T, R~O~ S FEES: If you~htre an a~omey who ~s not a salaried employee to-collect what I owe under th~s Agreement o~ to get
possesst~-of the Manufactured ~ome-or to,~force my agreements ~rem I will pay your statutow a~orney s fees plus cou~
and outer;pocket expenses.
18, MISC~NEOUS that covers m~ loan, This Agreement can only be
mQdified-or amended or D.up} by on to this Agreement signed by you. YOu can deci~e
them. For example, you can extend the time for making
of this ~g~ment cannot be enforced because of a law ~hich prohibits it, all
pay you ail a{Io~ es for the return by a deposito~ {~Sfitution of a dishonored check
. ~t.~This arbitration agreement is ~ade pursuAnt3~a ~a~action
gore t at 9 U.S.C. So.ion 1, Judgment upon the a~a~d
resolve disputes, ~he ~aAies u~de~s~and(that they hsve a right of oppo~u~i~tiga~e ~sputes n court. ~ut that ~y prefer to
resolve;~lr~]sputes through arbLtra~o~, except as 9~owded hete~n. THE PAR'~ES VOLUNTARILY AND KNOW~GLY WAIVE ANY
RIGHT THE~HAVE TO A JURY/TRIAL, E~HER PURSU~T~TO ARB~TION UND~ THIS C~USE OR PURSUANT TO A COURT
-AC~N~Y~O~ fAS PROV DED H~REIN. ~e panics agree and understand that a d sputeA ar s no under case law, statuto~ taw and
NO~C~TO MAKER[S}: 1. DO NOT SIGN THIS AGREEMENT BEFORE.?~U R~D IT OR IF IT ~NTAINS ',
· . ', ANY 8~NK SPACES. 2, YOU ARE ENTITLED TO A CbPY OF~TRIS.AGREEMENT, '~ '"
'~M~KFR ACKNOWLEDGES RE~IPT OF A COMPLIED COPY O¢'~IS'AG~EMENT. . ~
· ' CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY RE~E~
' ---- ~ ' - ENTIRE AGREEMENT BEFORE;YOU SIGN IT
L~ --(~ , ~:, ~- ~ '
Sionatur~ ~ ~- ~ % ' Sionamre ' ~
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
Ca~mine M. Amelio, Regional Manager
L:\Green Tree\General\Verification. Ame]io.wpd
, Stove ~Refri~or __ Washer ~ Dtye!~_~ Air Conditioner Wheels/Ax
Other ~
2. LOCATION: The Manufactured Home is lecsted at the fallowing address:
· The land on which the Manufactured Home is located is owned by:
3. PROMISE TO PAY: Tc repay my loan, I promise to pay you ~s~o0.co (the "Principal 5alance") as listed under the.
"Itemization of Amount Financed" on page 1, plus interest from the cont~a~t date at the rate of 1.2.5o % per annum
until paid in full by making the "Total of Payments" in accordance with the "Payment Schedule" on page 1. I also agree to pay you a
late charge for late payment as shown on page 1. The Total Sale Price is [02690,70 . and my down payment is 2o27.5e
4. SIMPLE INTEREST CONTRACT: This is a simple interest contract. Interest will accrue upon the unpaid principal balance Outstanding
from time to time· The Finance Charge, Total of Payments end Paymept ~chedule were computed based on the assumption that
payment will be made on the dates scheduled for payment. Early payments Will'reduce my final pay~nent. Late payments will increase
my final payment. My final payment wig 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 the amount of the final payment disclosed.
5. 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 property added or attached to it, to secure my obligation under this Agreement. I also grant you s security
interest in any interest I may have in premium refunds or proceeds under any insurance covering the Manufactured Home. I agree to
execute any application for certificate of title or ownership, financing statement er other document necassaty to perfect your secudW
interest in the Manufactured Home. To the extent, if any, that any Agreement (whether or not accompanied by any one or mere
original) constitutes chattel paper (as such term is defined in the Uniform Commercial Code in effect in the applicable jurisdiction) no
~ecurity interest in any Agreement may be created in any document(si other than the Original.
6. PREPAYMENT: ! HAVE THE RIGHT TO PREPAY ALL OR PART OF THE UNPAID BALANCE OF THIS
AGREEMENT WITHOUT ANY PENALTY.
7. NO WARRANTIES: I agree that there are no warranties of any type covering the Manufactured Home· If I am purchasing the
Msnufactured Home, then it is being purchased AS IS and WITH ALL FAULTS and THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE MANUFACTURED HOME IS WITH ME. I agree that any implied warranty of merchantability and any implied
warranW of fitness for a particular purpose are specificatiy excluded and do not cover the Manufactured Home. This Ne Warranties
provision does hot apply to the extent that any law prohibits it and it does not cover any separate written warranties.
S, PROTECTION OF THE MANUFACTURED HOME: I will: ia) keep the Manufactured Home in good condition and not commit waste;
eh) pay all taxes, charges and lot rent due for the Manufactured Home and the real estate it is located on; {c) not move, use illegally,
sell, lease or otherwise transfer the Manufactured Home; id) not attach the Manufactured Home to any real estate and the
Manufactured Home wiil always be treated as personal property unless you. consent in writing and state law permits such contrary
treatment; and (e) not let anybody else have any interest in the Manufactured Home.
9. PERSONAL PROPERTY: I agree that regardless of how my Manufactured Home is attached to the real 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 proDerty as e fixture) has been recorded, my Menofactured Home ia 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 stats law permits a contrary
classification. I agree to pay any and all personal property taxes assessed against my Manufactured Home end agree that failure to pay
such taxes shall constitute a default under paragraph 14 on page 3.
10. 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 0f 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
gcansed 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 da 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 p~y off this Agreement. I give you a power of attorney (which I cannot cancel) ag that you may do whatever
you need to in order to collect the insurance proceeds· if I fail to obtain, maintain or pay for the required insurance, or if I fall 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 ere not
required tgi 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 contrac~ rate of interest or, at your option, pay you over time aa a workout of the
obligation. If I owe you for any insurance (or for late charges, attorney 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.
11. CHARGES; LIENS: I shall pay all taxes, assessments end 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
end, 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 shell not be required to discharge soy such lien so
long as I shall agree in writing to the payment of the obligation secured by such llen 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.
~2. INSPECTION: You may make, or cause to be made, reasonable entries upon and inspections of the Manufactured Home, provided
that you shell give me notice prior to any such inspection specifying reasonable cause therefor related to your interest in the
Manufactured Home.
13. FORBEARANCE BY CREDFFOR 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 cf any such right or remedy. The procurement of insurance
or the payment of taxes or other liens or charges by you shell ncr be a waiver of your right to accelerate the maturity of this
indebtedness secured by this contract and declare a default herein.
~t-;~-=c2 14r~sl MH-~;SA ~ a~O.HIO, NORTH CAROUNA-,, PENNSYLVAN~IA ACCOb't~ # 73324735
MANUFACTURED HOME I~MISSORY NOTE, SECURITY m
LAGREEMEN~ AND DISCLOSURE'~rTATEMENT (CONV. - FHA - VA) (SI)'~'Date ~ [¥ '~"~ t t~
ANNUAL
PERCENTAGE RATE
IThe coat of my credit as a
yearly rate.)
12.5o
My Payment Schedule witl be:
Number of Payments
360
FEDERAL TRUTH-IN-LENDING ACT DISCLOSURES
FINANCE CHARGE ~Amount Financed
(The dolJar amount,the credit {The amount of credit provided
will cost me.) ' to me or on my behalf.) ·
$ 7~46s.zo $ 2~2oo.oo
SECURITY: I am giving a security interest in:
Total of Payments
IThe amount I will have paid
after I have made all payments
as schedu{ed.)
$ t00663.20
Amount of Payments
279.62
When Payments Are Due
Monthly beginning
xx The manufactured home or modular home being purchased.' The manufactured home or modular home being refinanced.
, Real proper~y located at
LATE CHARGE: If a payment is more than 15 days tare, I will be charged 8 5.00 or 2. po % of the payment,
whichever ia T~SS
PREPAYMENT:;If I pay off early, I will not be charged a prepayment penalty,
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 additional information about nonpayment, default, any required repayment in full before
the scheduled date, and prepayment refunds and p~nalties.
ITEMIZATION OF THE AMOUNT FINANCED
1. Amount Paid On My Behalf ...................... $ .00
Name of Previous Cre'ditor ~PJ~E AND CTJ~R
2. Amounts Paid To Others On My Behalf:
a. Paid to Public Officials ......................... + $ 27.50
b. Paid to Insurance Companies ................ + $ 3oo.oo
c. Paid to Appraiser ................................. + 8 ' .o0
f. Paid to + 8 .oo
i. Paid to +8 .00
i. Paid to +8 .00
4. Prepaid Finance Charges .........................
- 8 .oo
- 8 .oo
PHYSICAL DAMAGE INSURANCE
Physical Damage Insurance is required but I may obtatn 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
$ 30o.0o .for insurance protection for 8 term of 01 years.
x Comprehensive ($ 250.00 deductible)
Flood
X Liability N/A Vendor's Single Interest
H/A Other
OPTIONAL CREDIT LIFE AND DIBABILITY 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 PO years.
t~/A Single Credit Life Insurance $ .00
N/A Joint Credit Life Insurance $ .oo
N/a, Single Credit Disability Insurance $ .o0
Total $ .oo
X
Signature of Maker(s) Insured
CONTRACT AND SECURITY AGREEMENT
Date
I
1. DEFINITIONS: "1', "me", "my" means the Maker(si. "You", "your" means the Creditor. "Manufactured Home" means the
manufactured home or modular home and any other property described below and on page 2. "Agreement" or "Cohtract" means this
Pro~nissory Note, Security Agreement and Disclosure Statement.
NEW OR Manufactured Home
US,D YEAR AND MAKE I MODEL I SERIAL NUMBER I SIZE
~ l,,S F~EETNOOD OAK KNOLL ..,T22A~ 09Z,00KI3 24 X~
EXHIBIT "A"
D£PARTMENT OF TRA NSPORTATIO. N
FOR'A VEHICLE
O] 200-00~
~HEN W'0ARR --~-
GREEN TREE
NEXFORD PA ~SOflO
STATE
EXHIBIT "B"
GRE TREE
GreenTree Consumer Discount Company
1G5 Bradf~d Road
Stdnewood Commons III, Suite 200
Wex~rd PA 15090-1158
Phone 800.245.1340
GTServicing.com
MATTHEW DARR
18 BIG SPR1NG TERRACE
NEwvn I.R. PA 17241
Post-Ba~ruptcy Accounts On/y: NoReaffirmation Signed
NOTICE OF DEFAULT AND RIGHT TO CURE
Date of Notice: 8/17/04
THIS IS NOT A BILL. THIS STATEMENT IS FOR INFORMATIONAL PURPOSE ONLY.
If you were an obligor on this account prior to the filing of a Chapter 7 bankruptcy, and you
have received a discharge, and if the debt was not reaffirmed in the bankruptcy case, Greentree
Finance Consumer Discount Company ("Greentree Finance") is exercising only its rights under
the security agreement as allowed by law. Greentree Finance is not attempting any act to collect
or recover the discharged debt as your personal liability. If the amount requested is not
received by the stated date, Greentree Finance may exercise its right to seek possession of the
collateral.
Credit Transaction: Manufactured Home Debt
Account Number 73324735 (the "Contract")
The Contract is in default. Such default consists of our failure to receive the Contract's monthly
payments as scheduled.
Greentree F/hence retains a security interest in the collateral securing hhe Contract. The terms of the
Contract provide that in the event of default, Greentree Finance can repossess/foreclose the
collateral, subject to a right to cure such default.
If the default is cured, you may continue to possess the collateral as if there had been no default.
PLEASE NOTE THAT YOUR PERSONAL OBLIGATION TO PAY THE CONTRACT HAS
BEEN DISCHARGED IN BANKRUPTCY AND THAT YOU ARE UNDER NO
OBLIGATION TO CURE THE DEFAULT.
CURE OF DEFAULT: The default may be cured by our receipt of $4347.86 within 30
days from the postmarked date of this notice
CREDITORS' RIGHTS: If the default is not cured in the time allowed, Greentree Finance may
exercise its right under the law and the Contract, which include repossession and/or foreclosure of the
home. In the event of repossession,' the home will be sold at a private or public sale as provided by
law. You have the right to redeem the home until such sale is held.
If you have any questions, you may write to Greentree Finance at the above noted address or call
1-800-245-1340 during normal business hoars.
EXHIBIT "C"
REGULAR
SHERIFF'S RETURN -
CASE NO: 2004-04717 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
DARR MATTHEW W ET AL
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - REPLEVIN
DARR MATTHEW W
DEFENDANT , at 1911:00 HOURS,
at 18 BIG SPRING TERRACE
NEWVILLE, PA 17241
ANGELINA DARR, WIFE
a true and attested copy of COMPLAINT - REPLEVIN
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 27th day of September,
together with
by handing to
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.88
Affidavit .00
Surcharge 10.00
.00
36.88
Sworn and Subscribed to before
me this J_-~ day of
~ ~.~ =2-6v3 ~ A.D.
· P~othonotary
So Answers:
R. Thomas Kline
09/28/2004
DYERBy: LAW FI~
D~p~y Sheriff
SHERIFF'S RETURN -
CASE NO: 2004-04717 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
DARR MATTHEW W ET AL
REGULAR
RICHARD SMITH ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - REPLEVIN
DARR ANGELINA J
DEFENDANT , at 1911:00 HOURS,
at 18 BIG SPRING TERRACE
NEWVILLE, PA 17241
ANGELINA DARR
a true and attested copy of COMPLAINT -
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 27th day of September, __
by handing to
together with
REPLEVIN
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ day of
A.D.
~P~othonotary ~
So Answers:
R. Thomas Kline
09/28/2004
DYER LAW FIRM
By:
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
Matthew W. Darr and Angelina J.
Darr,
Defendants.
CIVIL DIVISION
No. 04-4717 Civil Term
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff Green Tree Consumer
Discount Company and against Defendants Matthew W. Darr and Angelina J. Darr for their
failure to plead to the Complaint in this action within the required time. The Complaint
contains a Notice to Defend within twenty days from the date of service thereof.
Defendants were served with the Complaint on September 27, 2004 and their answer was
due to be filed on October 18, 2004.
Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File
Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the
Defendants at their last known address and to their attorney of record, if any, on
October 19, 2004, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1996 Fleetwood Oak Knoll
Manufactured Home, Serial Number PAFLT22AB092600K13, that being the relief
demanded in the Complaint.
Erin P. Dyer, Esqaire ~.~..~
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
Attachments:
Ten Day Notice -- Exhibit "A"
Affidavit of Non-Military Service & Last Known Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Vo
Plaintiff,
Matthew W. Darr and Angelina J. Darr,
Defendants.
CIVIL DIVISION
No. 04-4717 Civil Term
Certificate of Mailing
Matthew W. Darr
18 Big Spring Terrace
Newville, PA 17241
Certificate of Mailing
Angelina J. Darr
18 Big Spring Terrace
Newville, PA 17241
Date of Notice:
October 19, 2004
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Erin P. uyer, ,..squire ....
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
L:\Green Tree\Darr, Matthew~TDN.~
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
Matthew W. Darr and Angelina J.
Darr,
Defendants.
CIVIL DIVISION
No. 04-4717 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this Affidavit on behalf of the within Plaintiff, being so authorized
avers that Defendants' place of residence is 18 Big Spring Terrace, Newville, PA
17241, and that they are not in the military service of the United States or its allies,
or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of
Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Erin P. Dyer, Esquire ,~,~-
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(4t2) 361-1000
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Matthew W. Darr and Angelina J.
Darr,
Defendants.
CIVIL DIVISION
No. 04-4717 Civil Term
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary, kindly issue Writ of Possession in the above matter and direct
the Sheriff of Cumberland County to:
Consumer Discount Company:
1996 Fleetwood Oak
PAFLT22AB092600K13.
Deliver possession of the following described property to Green Tree
Knoll Manufactured Home, Serial Number
2. Inform Matthew W. Darr and Angelina J. Darr that they have ten (10)
days to remove personal items.
3. After ten (10) days a motor truck will transport the 1996 Fleetwood Oal
Knoll Manufactured Home to a predetermined area or the Plaintiff will secure th
Mobile Home with a new lock for later transport.
4. Levy upon any property of Matthew W. Darr and Angelina J. Darr
remaining after the above-mentioned time period and sell their interest therein.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
TREE CONSLIqER DISODUNT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
D/mR
VS.
DARR AND ANGELINA J.
No. 04-4717 CIVIL Term
No. Term
Costs
Att'y. $ 132.38
Pl'ff (s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of CUMBERCAND
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GREEN TRF~, CONS[I~E,R DISCOUNT COMPANY
being: (Premises as follows):
1996 Fl',~':25g~ OAK KNOLL MhNUFACTURED H(1vIE
SERIAL NT3~ PAFLT22AB092600K13
Plaintiff (s)
TgU~ COPY FROM RECORD
In T~'timo~y whereof~, i ~' -.,~ m~to ~ my ~
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date :~ NO--ER 4, 2004
(SEAL)
CURTIS R. LONG
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
.<
By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
, to
Sworn and subscribed to before me this
day of
So Answers,
By
Sheriff
Prothonotary Deputy
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
GREEN TREE CONSUMER DISCOUNT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 04-4717 CIVIL Term
No. Term
Costs
Att'y. $ 132.38
Pl'ff (s) $
Prothy. $ 1.00
CCMPANY
MATTHEW W. DARR AND ANGELINA J.
DARR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
CUMBERLAND
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
(;RF:RN 'T'R"R"R (Y)NSlJMF:R DTSITlUNT CCl'1PANY
Plaintiff (s)
being: (Premises as follows):
1996 FLEEI'WOOD OAK KNOLL MANUFACTURED HQ\1E
SERIAL NUMBER PAFLT22AB092600K13
18 BIG SPRING TERRACE
NEWVILLE, PA 17241
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
CURTIS R. LONG
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Date
NOVEMBER 4, 2004
By:
/). ~ W-
cr:J/~ K, '0. .
Deputy
(SEAL)
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By virtue of this writ, on the 3rd day of December 2004
I caused the within named Green Tree Consumer Discount Co , to
have possession of the premises described ~IDO'W(~jqK~~l\M 18 Big Spring Terrace
Newville, PA 17241
-Re turn
18.00
1. /b
1. 00
8.88
~g:g~E :21 d 8- ^ON ~OOl
B9. bed '},l::,iJJ Jd.i:' .IHli,IJ
33\H3\1S 3\11 30 3JI.:l.:l0
Sworn and subscribed to before me this is!'
day of ;,k.~ ., ;) ovf
C)~ Q~ ~.
/ Prothonotary'
Sheriff's
Docketing
Poundage
Prothy
Milage
PosseSSlon
Surcharge
Advance Costs: 150.00
Sheriff's Cost 89.64
on )"'
Refunded to Atty 12/6/04
so;~~.~
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