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HomeMy WebLinkAbout12-1634NINTH JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION Deutsche Bank National Trust Company 1761 East St. Andrew Place Santa Ana, California 92705 Plaintiff, V. George D. Bryson 129 Regency Woods North Carlisle, PA 17015 and Yvonne M. Bryson 129 Regency Woods North Carlisle, PA 17015 Defendants. Court Term No. 02 6 / 9- I (l 3 (?i vl Complaint in Replevin COMPLAINT ON ACTION FOR REPLEVIN, PA. R. C. P. 1073, et seq. `R..E -OFFICE = I 'HEE OTHONOTARY 2 i'M 14 AM, 10: 36 C'IFMERLAND COUNTY "E HNSYLVANIA Now comes the Plaintiff, Deutsche Bank National Trust Company, (hereinafter referred to as "Plaintiff'), by and through its counsel, David J. Demers of Cooke, Demers & Gleason, LLC, and for its Complaint, states as follows: 1. Plaintiff is a foreign corporation authorized to transact business in the State of Pennsylvania. 2. Defendants, upon information and belief, are residents of Cumberland County, Pennsylvania and upon information and belief own certain personal property (a manufactured home) located in Cumberland County, Pennsylvania in which Deutsche Bank National Trust Company holds a perfected security interest 3. The court has proper jurisdiction and venue over this matter because it involves residents of Cumberland County, Pennsylvania and property that is located in Cumberland County, Pennsylvania. ®Io3.75 as a?? P eLg //9? iz 4d 7a 37a ._oanNo.'?37^^^^,nT?. °+A STA_f_f4AENT CONTRAC?=MA?NIJFA_ ED H?J'rlf_I_E 1='ECI TRUTH IN LENDING DISCLOSURE S EMENT PURCHASE AGREEMENT, This Retail Irstaliment Sor,tra.t ("Contract') contains the terms and conditions or which Seiler is salting, and Buyer is purchasing, the Manufactured Home cnswc:,ed below. MEANING OF SOME WORDS. In this Cz,ntraet, the words "you" and "your" mean anyone signing this Contract as a Buyer. The words "we," "us" and "our" mean Seller :x, If Seller assigns (sells) this C:ontrac: to it,___UNITED COMPANIES FUNDING. INC. Ir this Contract, -he words "Manufactured Home" or_'HoTe' mean the manufactured horns and the additional Appliances, Accessories and Fumishims..-- sold with is (see Description of the M.a^ufaztured Home below). If there Is more th3fl_opg Buyer. each will be ggligated, sepecately and together,_to pay til1 sums due and to keep all promises made to us In this Contract. This Contract is betweetl Seller_ar_d Buyer All isclosures have beert_rg d;v Seller,. __- S, - s . t-_ _- z _-_--- - `- SELLER REGENCYHOME Name 7098 CARLISLE Pii jQ CARLISLE, 17013- Ad dress - - YOUR MAILING ADDRESS. You promise to advise us of arty, change of rnafli.ng- address while this Contract, is .in- effect.. After delivery of. the Manufactured Home, we should send any papers or notices concerning the Manufactured Horne purchased under this Contract to: Buyer GEORGE Q YS N 129 REGENCY WOODS NORTH mo ?4R - - Name ee or Route CUMBERLAND PENNSYLVANIA 17013- City or own - County ti e *$ o e CoBuyer YVONNE M BRYSON 129 REGENCY WOODS NORTH Name ee or ou e CARLIS CUMBERLAND PENNSYLVANIA 1 - ty or own MOT—- ---- - - - e-------- -- - - -- rye---- CoBuyer .- -- - . --r -- _ -- --- _ _ Name - -- - e or outs City or own - oun -Stale - ---- p Code C:oBuyer Name a or Route City or own _ County 4jp Code LOCATION OF THE MANUFACTURED HOME. After delivery to you, the Manufactured Home will be at: 129 REGENCY WOODS NORTH REGENCY WOODS19F3 _ _ __ _- '? eat or outs ame o an er o tea' CARUSLE CUMBER60Q ?-.x qpx-6VANIA F 1701 e city Sit 23P DESCRIPTION OF THE MANUFACTURED HOME (The Manufactured Home includes the additional Appliances, Accessories and Furnishings,): New 1996 MANORWOOD SC423A TUOO647AB 56 26 New Year anu adorer s Name Model arise an_, Q. a o, It _ ?tnlt ctu[er_s_ .. Bng _.._.. _... A A .. -- Item -- Additional WATERHEATER _ Appliances A/C - Serial Number -- -- Item -- --Serial Number -- FURNACE RANGE Accessories and FumishlnysDISHWASHER REFRIGERATOR PROPERTY DAMf1GE INSURANCE REQUIRED: You must insure thhe Manufactured Home agaigst h deal damage until all amounts you awe us are ppaid In full. This I surance myst be in amounts and types aC?ptalofe to us. If the M$r?ufacfura Qpm? is to be t (1$p0rted on the hway? you must l,u„e elnnnn An tt ihla trin irtwtraru:w- If the Manufactured Home Is to be located fn an area Et-has been Ail et1Dtfed by the l?@ era) Erl'1eroency Ie s di o laifrier of the Insurer's le itity for tailure o Salve Such enotice, You win rovlae us wun9tne original Innsqurance ptf}y insurance Cove at - Oobtain er with all ec or u, to insurance coverage wec an getdtrr youtRgivesyyou m more natty you reQUest. we we t insurance Tor you. Th This Insurance sh?I b in a act for 1?A moisth? etartin and will c st $ A Yqu authorize us to furnish specific information about the Manu actured7 ome, to any lnsuran a a®nF"w f o inar"?nriSnt to quotoe premiums an o_solic?our insurance business, _ tget insurance for you, at yrour It at an time You fail to et or keep in fo, Ca any9 insurance required by this Contract, we mar (but arenot required tq) expens?. If w8 pet Vou i s Ins?Uance it will 1w, aual interest insurance, You fLuthgriz us tg r?ease to third parties any in pet necessary to monitor the status of_InsTrance on your Manufactured owe and to. get the insurance esGnbe in this ontra , ent -__, You agroe that we may earn a fee or commission in connection.zdlh p1aQQ ]?tIL4f tiny insurance sold in connection with this Contract to the e- permitted by law. If any Insurance we' at for you is cancelled by, the insurance oompan , and reolaeement coverage results to additional costs to you for the un ired period of the original Fnsuranbe polin 1 v?'ll reimburse You for the s. It we have purchased arty required Insurance on your beltalt, at Vour exepx?pnse and If you rep'syf the sums dUe oh this Contract, un1dw you crospec(Tlcally request cancellation, the insurance will remain I effect until me scheduled expiration pate. in we cancel at Vyour reCUest an required insurance wa havb, purchased on our behalf, we will credit any, Aremlum refunds to anV matured unppaid stallments due an this ?ontracty If trtere are no matured uttpald installments ti?en due on this Contract we wllf cause to be paid to yoG those prerri m refunds, UCFI Form MHPA11 (Pennsylvania-Dealer) Page 1 of 5 DOS DRAFTS 01114197 E I :x + I_oap No.j 153700001674 CREDIT INSURANCE AUTHORIZATION. WE, DO NOT REQUIRE YO.U,.T_g_tv GAT CrREDIT LJF and/or CREDIT pl AB LfTY INSURANCE WITH THIS CONTRACT. Credit,(1fe 4nd/or Credit Disability Insurance are not regwre tam crad?t anI will not peLpro?id unless you sir this authori anon, agree topay the additions cost and your application for insurance is approved. r requests an approves, re It a Insurance will be issued for the mttial Amount of Benefit, stated below, and Will be in eftec) for the numf?er of months, stated below, beginning on the effective dote of the policy; This benefit wilt decrease across the tsrrri of our ontract. his Credit Life nsurance may not cover the entire balance due on this Contract a the time of death. If requested tahnd approved, Cre?t Disability Insurance will be issued for th monthly Amount of Benefit, stated below, and will be in effect for d sanumbfihefp ont o1 sat%4ilityW ow, s?iheitegTnoi otitt? coverage ate of the policy , his Cretfit Disabi ity Insurance may not cover the entire period of disa Number of Type Amount of Months You Total Your Signature Benefit Are Covered Premium Single Credit Life I want credit life insurance Insurance $ 0.00 0 $ 0.00 , (one Buyer) per month months Signature - Buyer #1 Date I want joint credit life insurance Joint Credit Life insurance $ 0.00 0 $ 0.00 (two Buyers) Signature - Buyer #1 Date 1 also went joint credit life insurance per month months Signature - Buyer #2 1 want credit disability insurance Date Credit Disability Insurance $ 0.00 0 $ 0.00 _ (one Buyer) per month months Signature - Buyer #1 Date "e" means estimate Security: You are giving a security interest in the Manufactured Home _ aPt ie ate household gootls. Your Payment Schedule will be: _ _ _ _ _ _ _ e Late Charge: Each time you fail to make a payment in full within fifteen No, of Payments Amount of Payments When Payments Are Du (15) days after it is due, you will pay a late charge of two percent (21Y.) 299 $427.43 Monthly, beginning JUNE 20, 1997 of the unpaid amount of the payment, or five dollars ($5,00), whichever amount is less. 1 $428.96 MAY 20, 2022 Prepayment: If you pay off early, you may be entitled to a refund of part of the Finance Charge. Assumption: Someone buying your Manufactured Home may, subject to conditions, be allowed to assume the remainder of this Contract on o- original terms, Other Information: Refer to the rest of this Contract for any additional Information about security interests, nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. ANNUAL FINANCE Amount Financed Total of Payments Total Sete Price PERCENTAGE CHARGE The amo unt of credit The amount you will have paid The total cost of your purchase RATE The dollar amount the provided to you or on attar you have made all on credit, including your The cost of your credit credit will cost you. your behalf. scheduled payments, downpayment of as a yearly rate, $ 15.000.00 10.500 % $ 82,960.53 $ 45,270.00 $ 128,230.53 $ 143,230.53 PROMISE TO PAY: You romis? to a us the Total Sale Price for the '?NIOUT PENALTY. it r vat uv rw I mcc 1 r vvn a.vn i nna. l -I ........... .......-...,...............?.... MAY LOSE YOUR HOUSE, THE PROPERTY THAT YOU BOUGHT YOUR RIGHT TO REINSTATE. WITH THIS LOAN, OTHER HOUSEHOLD GOODS AND FURNITURE, YOU MAY PREPAY ANY AMOUNTS DUE YOUR MOTOR VEHICLE, YOUR MANUFACTURED HOME, OR MONEY. UNDER THIS CONTRACT ANY TIME,_ - Mar LUfacture Home by makin the DoWvyyppa nt, and then payln us Unless we ag? differently, It writing, amts or earl payments will not _01_11 AN[ ANC. 215 TIN 38101-0215 the Total of Al ts When ou sign tni ntract ?ti will at p us any Prepaid ante their e sown. You 11 pay thg Total of ?ssvv nts by paying to us monthly payments in the number and amourt?.of - pa nts shown in Your Payment Schedule. Your first payment will be due on the date shown In Your. _.Payment Schedule, and subsequent payrmie'n?tts will be dye on the $ame day of e?erV month crier thatY Each m kehall payment ill be applied as of its sc ettlluled due date, ou v,1 k el PaYrne U or an of r ##ii to c we star a you in w inp son Your aynlgn Tne in ar a shown has hee calcu T d ?s:q on a rttract ate of ei annum, pus n re mane ?arSS77e s own. W.ntract e to paV tnteres at the a Vntra p eta until the balance ue on this is. paid In full, Jnls9s we. reee differenoy in wrltl or are of resuted by a hcabblle lawavments wil' ala app5d first to npald scheduled rhonI ly payments, next to unpb cha our obli?ppanon to ortUnue to make pavmeets as required under the ?aa On' Schedule, ut ma reduce the pt?ittpteat balance due and a r tt iq taws a nts. Itvy u (1 pre a tfiis Con act in full, or `2 if ?y?u e?autt an 1<al t?cure SYtour ?efau?t an? xis, deman? payment of th? entire bal,?ttce due . n this Contract, we will C1rve, you ? clad for an unearned Finance Ch g alculated by the acCuanal method. Howeve? no portion of an Prep?alrl ?inance Charge will be rebated. You then will be Jlar d a Fhance Ch?rsle on the amoum due, from the date of the cre?t, St the Contract Rare or it the highest rate allowed by the app ?cab?¢ law, whichever rate then is ower. W??ether you preppay br we demand payment in full, nQ refund or credlt of less than $1.00 wilt be made. If you defauh on this Contract and we re ossess the Collateral Vou m7 cure or re earn thte? Collateral, and heft',66?iol er ?-o+?trf this fCOntrrt8ac?t may ,rtsta?tge l?HT T?oREPOSSV?S?Y?UITL?NT T8eGET BACK YOUR HOME). R advances we made on. your behalf, and last to any unpaid collection costs YOUR TRADE-IN. You promise that anyy proper, traded-in is free from and late charges. - art liens security interests, enourtlbrartees or tither Gat You also are, at the time of the trade-in, the legal owner of any LATE CHARGE. Each tin p fail to make a payment in full within 15 Pr?missroperty that traded-you in. l you d fl at it Is d e o uvi u a a f to ch e o two percent (2°h of the isle ss. OniY one late, chprpa may be collected on any installment no matter how Ibng it remains m'rJefault. uavsstd amoum o'? tie paymntyor five dollaYS ($5.00), whichever amount UCFI Form MHPAIS (Pennsylvania-Dealer) 0 Page 2 of 5 D08 DRAFTS 01114197 Lean No. 153""?rrt87r Y ITEM11ATION Of AMOUNT FINANCED: 1. CE,SH PRiCc. - - - - -- a. cash sale cr+ce $ 60,250.00 b. sales tar: $ 0.00 _ c. Total Casn Price _ - $ 60 250.00 2. DO%IVNPAYMENT - a, cash down oayment $ 15,000.00 b. Your Trade- n; i. trade-in allowance $ 0.00 ii, balance due on trade-In $ 0.00 iii. net trade-in allowance (amount on line 2bi minus amount on line 2bli) $ 0.00 Year Make Moe Size Serial # _ -- _ ° - c. Total Down Payment 15,000.00 (amount on line 2a plus amount on line 2bil0 $ 3. UNPAID BALANCE OF CASH PRICE . 4b,250 00 (amount on line 1c minus amount on line 2c) $ 4, INSURANCE PREMIUM COSTS a. Manufactured Home insurance 0 month term) $ 0.00 _ b. Gap Insurance ( 0 month term) $ 0_00 - a Credit Life insurance ---- L 0 _ month term) $ 0.00 _ d. Credit Disability Insurance ( _0 month term) $ 0.00 ARBITRATION. A cep! as explained below, you and we 0derstand and agree that aii disputes, claims or controversies from or relating to this Contract (whether under case law, statutory law, or any other laws ineludin but not limited to, all contract, tort and property disputes) shall be resolved by binding arbitration ("Arbitration"). This Contract is made pursuant to a transaction in interstate commerce and shall be governed by the Federal Arbitration Act at 9 U.S.C, Section 1. Arbitration shall be conducted by one arbitrator selected-by us with your consent. You and we agree that the arbitrator shall have all powers provided by law and -this Centract. These powers shall include all legal and equitable remedies including but not limited to, money damages, declaratory relief and Injunctive relief, Judgment upon the arbitrator's decision may be entered in any court having jurisdiction. You and we agree and understand that you and we choose Arbitration Instead of litigation to resolve disputes, except as explained below. You and we understand that you and we each have a right to litigate disputes in court, but that cou or t Buyer .1 Buyer e. Total of Insurance Premium Costs (sum of amounts on lines 4a through 4d) $ 0.00 5. AMOUNTS PAID TO OTHERS ON YOUR BEHALF: a. To Public Officials (Title & Filing Fees) $ 20.00 = b. Other: $ 0.00 c. Total of Amounts Paid to Others on Your Behalf (sum of amounts on lines 5a and 5b) $ 20.00 6. PRINCIPAL AMOUNT FINANCED (sum of amounts on lines 3, 4e and 5c) $ IMMIN 7. FINANCE CHARGE $ 82.96053 6. TIME BALANCE (sum of amounts on lines 6 and 7) - -- $ 128.259 9. PREPAID FINANCE CHARGE $( 0•? ) 10. AMOUNT FINANCED (amount on line 8 minus amount on line 9) $ 128.239.53 11. PAYMENT SCHEDULE ( 299 payments of $ 427.43 each, i b i TJOR€3A-i? 7 nn nr ue on" eg 9 _ (1 payment of $ 428.9 us on 0, 2022 ) __.._._ _ Title and Filing Fees (If not financed) $ 0.00 Buyer Buyer BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT AT ZtHE TM F SIGNING. Buyer _ L date g; 1 f> Buyer _ date- 7 Buyer date M H {•iI I.•?? Buyer ax " date GUARANTEE OF BUYER'S PROMISES. The undersigned, jointly and severally, agree(s) to pay amounts due on this Retail Installment Contract as of today's date and until all amounts due on this Contract are paid in full. The undersigned also agree(s) to all the terms and conditions of this Retail Installment Contract On I (we) _ -read, signed, and SELLER'S AGREEMENT. Seller agrees to this Contract, and, subject to . - received a completely filled in copy of this RETAIL acceptance by INSTALLMENT CONTRACT. umrmp comPeN1Es FUNDING. INC. acceptance at its designated office, assigns it to Cosigner. X UNITFD COMPANIES FUNDING. INC. _ in accordance with the assignment set forth herein. Notice of acceptance-is hereby waived. Cosigner. X Seller RE CY HO ING. WOULAIMCH Ur WA rm ante NO WARRANTIES, EXPRESS f By, t t ?C MERCHANTABILITY, FITNESS FOR A OTHERWISE, HAVE BEEN MADE BY L Signalers - °_- YOU ACKNOWLEDGE HAVING EXAMII S IF IT IS USED ACCEPT THE CI Tue r31tt at Ct CrQ f 'date DISCLAIMER DONS NOT AFFECT Al rum uuwewr-rn?n ue?ue uwru J OR IN A COURT ACTION BY US. EXCEPTION TO Even trough you and we agree to Arbitration, we still ial (filing a 1 -lawsuit or nonudicial relief to enforce our , or to otherwise collect the bl alance due on this Contract, t a lawsuit to enforce our security interest~ or to obtain a ment, without waiving your right or our ngght to compel any other dispute or remedy, including the fiiin of a y you In a lawsuit brought by us. You may stilt useudlcial relief to seek redress for any illegal act commltt in the ayments under this Contract or in the repossession of the Home. TO THE BUYER: DO NOT SIGN THIS CT IF BLANK. YOU ARE ENTITLED EXACT COPY OF THE CONTRACT 1N. KEEP IT TO PROTECT YOUR 5-?-q date date S$-? 9 date date UCFI Form MHPA11 (Pennsylvania-Dealer) Page 3 of 5 DOS DRAFT 8 1tjpp1??OuouCCuree Gasn n I tyormieis Cosntrll r omaln in r?eenmn ift?YoU nsav ?si t4he oa eG? re our dacett u[tt ?s?VVgvents ogftiu an ?ourpit?t?s GOntract o r Set ???, ?o?? Rri??,t t0? tUre YD2 ??t?TO tt sec?onSOllataral and res?l ii see ?ur'Rtg?tt to FTepoeaess se?on oir?tes ac?. YoM also fu anr?t us d securi InWest in any Insurance proceed;; includf unehil tino persons of property insured tri cconnecon wis vontrapci d al we var us i instutriance a IIRS re to P us directly e? You an o?°rl tAus to n uyroaRYYddnuuar °anY rou ,g r Tr auQtnw?Ys?rt{'I w r?a''-n9ll'VJ unpaf, nc rr?I I, oX is ?on?ram - d --- yyYyoPu wil st u in havilt our sec rttv 1 terest noted on n Itcate of ln+R to et?ver anur??ur??t aorr>e?. Vvtl( caue and?c e f !cafe to be vVRgq_u tonudcsel trua n o i a s o tie later q tphe o f isd pntr4ct ri fic t ot?t e is or ti j-p]ti?ci t?is ajnt$nt.?y° J1r npoarnjep 6pffaralclrB ant sie8tlurr tr Q, I nec t0 r ran Or ifa 61e OW Q($atlle Jr1? COltaterai, OrneO e ec LO re a Ict our secu I?eCCQT?t[ in , .0 C:o'fate[af. YOU alSlp ?ut r ze us, at ou[a nee n n i e wiOUt Vour dit7nature sucl nanang tlonU utron ske?erns, An an u le nts rpe r oe oreto Ic to per a t,opreserve, anodhp?ec?a?ur scti tt?y i rrees iPC IIf an other doc meats re n can t 0 ec t our int re st i n ?h?e C.vllatuer>?ddrou a ornetto{o n t e u ocummeri?ts ne vetr +ou Kart OU Tull aarv ni NnT phow the to exec f anal poe}r?So?e an en rs, a VEIN. ntetetr to s asp attome - -fact as o .co cf so if ersoll I resent Yo to euyse itty lRiterest, a c ?rty release teeeSy erot?tisenva is paid it ul? We agree that L, nL f r s to act as uraaaMmo In-fact for the or?ij n nau anr?? ac&i t oNe io ss° ion of Ens Coat it cpto P by Y P EVENTS OF DEFAULT. You will. be In default under this Contract if;. (1) use thepManuT urea HO 101 pusirm noulonaer?vournon e?Sidntee:oor it we send u Notice of befaT and Wu do o{-c re yiirtt in the aann r a0gij the tl11 per4od desgrlbedn in 11 t?oUce, tgr i you erau an0 we 0 not nave to I e you Ngtlce of a au e e hgve i e t to dec(?re rnmediatefn, ue? anrlaow?nfl?the entire aancne aue on tits ontr ct, o tree extent rmtte by f you wave ?n:sen UIE, em nd .or payment, prof notice o di onor, an notice of acceeration. OUR RIGHT TO REPOSSESS; YOUR RIGHT TO GET BACK YOUR HOME We may rO$Tss the Collator aI ifi {) ou are in daI an yoU go pot ffillat naayt to v ure your CtefAUl that yctu )YiaV have end (3) CYye eC are e! pa a le I'entire pA1an°e Gue on t te s a so Accele atiori r15, ir v t w; a?rte sta Ir, tie Notice of Acco ouI a?tai?to t , en r rnc , ue oohh the con a? n o re an we me ov n such event ?opu fete se p eq it ?ot?ai?raY„krttotve t e o°INa ?ainga?f?ie?8 place to o? atets or to rage. It we re ossess wa aisc v take ao g"nsion of an they rope an here Tor attaotlheapto s InVe °tlateraf 1We aareve aromptl pto return 11 ou at cue rrsk wtn4 To g on oqurP rt, i?wmeatakne `poss?SSlo?ieror?veor Oh p?oaerty we wiK ttotty yYOU in wnOn It you do not ten Crgmpt?VV 07", m and igrce, possession oT thia ro?ert wen ve X'our permtsstorl'6 jseose of it in a r enable m>t?nn r You tI ?y arty reasonaoe c es for,storin or s. ip n suc property whc maY incur tot e extant permitted by app icagIejawl If w r ossess we will San ou wr af? notice statin a Scall the event n w anti a amo ?temtze , at you re r up to to cure itce eau€f or ref?eyeM. ?i?tor we re sseasy art rise o not Max, r?tsT 511t r t to cur or redee that e s the Co ter a rtv to sa e o a pulAc UCc n tln wbe i en east t?c ?l eer ter i S0't', iis98onn ci oat arnys "or address w'9Ic ycu?ate give us?in wrung. B re the sale you s II may pet pack h Collate aI if r1 u all Instal2?ants due onrvaast UU aI trfe a oft Lve o he ?o?l?t?r?l?a ?C t °ui?' n61?ieYnustiut' u l?r?ato?a eo r errasc?i?et?so, ??. hay us ha ecos?s g? ntler the ? of"t I;;?oa?fr?cta??re any other ?tstau?s w?itc?i rile ?tVen°?1t?' - cfa?sdnSb))e ensesh o eia4un a re re ssessi n exceed -on?ater low by aw.? ? g p?g ancP stonng tie We will ap Iy the Mt s of an rep ession sale 1) first t our ex oases In a ilia t 0 Mien to our cos of r 11in re wrtn arid sort r?'then ? fo our reasongb?e an acU, u qom a n a or a tow h we ve 'To' t o Fud gel III d dt ?the; ?s tyhe?reia sit a ? fairo% of p? ? q t is r` jol o? . S e ?°his VOn de"911 pp4?v tv u wntten Nd n autt red b?aa ?n theeII Home or ufhnu ?t?s7 ctrl eost{r Ces o? o oeverwlitt theb [aced n on year ?taveeto gro ?youd?Voace jq `eiQttiee ) No?ices o??efau?t,ee do not UCFI Form MHPA11 (Pennsylvania-Dealer) i Page 4 of 5 D08 DRAFT 9 01114197 • 4 Loan No. 153700001674 Loan No. 153700001674 NOTICE ANY 'HOLDER OF THIS CONSUA CREDIT CONTRACT IS SUBJECT APLL CLAIMS AND DEFENSES-WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SE: IV ICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE D :EI'TOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. SELLER'S ASSIGNMENT AND OBLIGATION' f FOR VAL . C D receippt of which is hereby acknowledged, Seller, named hereln, hereby sel' tr ins, transfers and sets over unto ATE M F'UNDIN Its successors and assigns, the foregoing eat Installment on rac reins er escriebTas t he ">?onn"ac, an .a 'IIn ' i ell a ` f rt serest anc! to the property therein described and all monies due and to become due and all rights and remedies under the ontract, with power in ss :;nee to assign efther in Assignee's own name or in the name of Seller, for Assignee's exclusive benefit, and to take all such legal or other proceeding: a:: Seller might have taken save for this assignment, Acceptance of the Contractby Assignee shall occur at Its designated office when it issues its check t ,. tl a Seller(s) as payment for the Contract. A. To induce Assignee to purchase the Contract, Seller warrants that (1) to the best of Soler'!: knowledge, Buyer(s)' credit statement submitted herewith is true and correct unless otherwise specified in writing; (2) Buyer(s) were of legal aqq to c on! "act and otherwise legally competent to contract at the time of the execution of the Contract; "(3)-the Contract arose. from the?ona fcl safe of the p1r4 ft. described in the Contract; (4) all signatures on the Contract are genuine; ( Seller has ggood(Ube to the Contract, Free and clear of all liens claims a: d :,ncumbranees and Seller has full power and legal authority to assign the ontract; (6) i-mmedtatel prior to the execution of the Contract Sreller had" oc.3" title to the Wanufactured Home and any property sold therewith under the Contract assigned herein, free and clear of all liens, claims anti encumbrari as M any property received by Seller In trade on this Contract is free from an liens, security interests encumbrances or any other claims, and Buyer(s) at, rte time of execution of the Contract, were the legal owner(s) of such props (8) the down payment was made by Buyer(s) in cash andnot its equivak nt inless otherwise specified, and no part thereof was loaned directly or indirec y by Seller to Buyer(s); (9) the Buyer {s) have accepted delivery of and art: the owners of the property described in the Contract; (10) Assignee is acquiring a purchase money security intere?s] in the Manufactured Home tree tnc clear of any lien, claim or encumbrance; (11) A MManufactured Home Certificate of Title showing a first priority lien or encumbrance naming tfte Ass gnae as secured party has been or will be applied for promptly; where appropriate a UCC-1 financing statement or UCC-1 Jx_1 re fWngl i)meiy,perlegtiri Tirst priority lien or encumbrance in favor of Assignee has been or will be filed ; (12) there is now owing under the Contract the amount set forth as 1' . of Payments" and Buyer((s) have and will have no setoffs, counterclaims or defenses against amounts due or to become due under the Contract; L131 the Contract and eacfi guarantee submitted in connection therewith are in all respe genuine unamended, andlegalfy` onforceable without dei ense or counterclaim against each purported signatory thereof; (14) Seller has compiled with all applicable laws and regulations in the sale of the Manuf:ctr.red Home; (15) the design and construction of the Manufactured Horne is In compliance with all applicable regulations of the Department of Housing and Urban Development (hereinafter known as "HUD including, without limitation, the specifications in effect as of the date hereof prescribed in the Mangy facwred Home Construction and Safety Standards Act of 1974, as amended; and (16) Seller has complied in full with all provisions of (a the Federal Cor sumer Credit Protection Act of 1966, as amended, and with all regulations issued thereunder, (b) the Federal Trade Commission Act and all rules and reculations promulgated thereunder, (c) the provisions of section 561(c) of Public Law 96-221 and the regulations of the Office of Thrift Supervision promuf¢ate ? thereunder, each as amended, (d) all provisions of 24 C.F.A. Apart 201 concerning Manufactured Home location standards and (e) any of=r appl'ical!ie ederal, State and local laws, regulations, rules and ordinances.. . B. In the event any of the warranties made by Seller in para?raph-A above Is determined by Assignee to have been false when made, whether or not such false representations were knowing or intentional and whet per or not Assignee relied upon any such false representations, or in the event that any of the foregoing warranties are breached-in any other way, and whether or not there is a default n payment, Seller shall repurchase the Contract from Assignee, upon demand, without recourse, for an amount of cash equal to the balance due on the Antract computed as of the date of Seller's purchase, with credit for whatever rebates would be due to the Buyer s) on the Contract It the Buyers , on the cate of Seller's purchase, had prepaid the Contract In full. The repurchase price also shall include an additions sum equal to five percent {5h of the balance due on the Contract, as and for Ass'ignee's liquidated damages for Assignee's profit lost on the Contract, which amount Seller and Assignee hertoby agree is reasonable in light of the anticipated or actual harm caused Assignee by reason of Seller's act(sl-ths difficulty RLp oof of such loss, and the Inconvenience or nonfeasbbillty of otherwise obtaining an adequate remedy. - C. Seiler further agrees: (1) that in the event that Buyer(s) fail(s) or refuse(s) to make any Kayrnent due hereunder on the assertion, either oral or written, that the Manufactured Home is defective, not as represented to Buyer(s? by Seller, or that Seller has refused to honor any warranty or service agreement of Seller or manufacturer, upon being advised by Assignee of such calm of Buyer(s)', Seller will repurchase the Contract from Assignee and ayy Assignee for same. immediately in accordance with the terms set forth in ar ra In B above a ,id 'Seller further agrees, and without the necessity of a air ?udicfal determination to indemnify and hold Assignee harmless from`any ot>E a os?s susteaned _s a result of any claim or defense Buyer(s) may have against Seller (b) claims of Buyer(), including but not limited to claims for refund of payments made by Buyer(s), (c) claims for Buyer(s) attorneys' fees, whether or not any litigation occurs, and (d) claims or expenses related to the assertion of Buyer(s' claims, including but not limited to Assignee's attorneys' fees, costs and expenses incurred, whether or ppt any liti ation occurs; (2) to sell, at the request of Asslppnee, the Manufactured Home, together. wdth any other proppeerty purchased under the Contract, which haseen repossessed by or for Assignee; Seller-turther agrees that repossession of the property from the Buyer(), for any cause, shall not release Seiler from the obf[gation&..of this aGVafttnepl; (3 1 Ass?igqnee is hereby authorized, but not obligated, to correct any and all errors in the Contract; (4) that the failure to file or record this instrument or any rotated instrument when required by law shaft not release Seller from Seller's, obligations hereunder, (5) not to make any settlement with an+i Buyer(s) on the Contract asstnod hereby without Assignee's prior written consent; (6) tFtat Assignee does not assume an obligation or liability of Seller with respect to the Contractor otherwise and Seller, without the necessity of a judicial determination of such liability will hold Assignee harmless from and against any expense or liability Incurred by Assignee as the result of any obligation, liability or action of Seller including, without limitation, Assignee's attorneys' fees, costs and expenses incurred in defending anyy such claim whether or not any litigation occurs; C1) that Assignee shall have the sole right to make collections on the Contract and to notify each Buyer of the assignment; (61 not to solicit or make any collections with respect to the Contract after it is sold to Assignee, and that all such collections and other pproceeds from such Contract which may be received by Salter shalt be held by it in trust for the Assignee-and promptlyy transmitted to Assignee, and to torward to Assignee promptly all communications and inquiries which Seller may receive with reference to the Contract; ((9) that Assignee may audit Seller's books and records relating to the Contract; (10) that the waiver of any default hereunder shall not operate as a waiver of subsequent defaults, but all rights hereunder shall continue notwithstanding one or more waiverg.an that 4ts waiv er or c ante o, an?trision herein shall not be binding on Assignee unless made in a writing signed by it; (? 1) that this a reement shall inure to and bind"Setter's and Assignee's respective legal representatives, heirs, successors and assigns, and any company affliated Nth either Seller or Assignee which may transact business pursuant hereto; (112) that all obligors hereon severally waive demand and presentment for payment, notice of nonpayment, notice of protest of this instrument and agree that their liability hereunder shall not be affected by any extensions of the time of payment of all or any part of the amount owing hereon at any time or times; all parties hereto also consent to any renewals, release of co-makers, any subsiilions or,ad¢itions of-rtee 9u?ec(s for any one or more of the Buyer(s) onginally signing the Contract, substitutions of collateral releases of collateral, and any and all waivers or other modifications that may be granted or consented to by Assignee and hereby waive notice thereof; (Ii? that Assignee's rights and remedies hereunder shall be cumulative and Assignee may exerc[se any rights or remedies, whether against Buyer(s) under ttfe Contract, against tile security therefor, against Seiler, against security of Seiler or against any combination of the foregoing, in suc order as Assignee sees fill without thereby releasln any other right ft may haves (14) that in the event of default the Assiggnee may proceed against any or all of the parties hereon and shall not be required to first resort to any secun even by any or all of the parties (r15 that tfia filing of a petition under the United States Bankruptcy Code by or against any one or more of the Buyer Is shall not release Seller from SsliePs obligations- or liabilities hereunder; (16) that if this agreement is referred to an attorney forenforgement_or collection, Seller shall pay Assignee's reasonable attorneys' fees d"sbu ments,, court costs and o1 er related expenses. D. ?n a t n, thistr?e ea?tt t?? eGt to tie provisions set forth below in the pparagrapph initialed by Seller, WITHOU? REGOU SE. The assignment of the Contract is atld srfall "be without recourse ainst Sager"exce t as set forth above. F P FULL RECOURSE. Seller unconditionally and absolutely guarantees paymenTof f Fe fit amours rem rig unpa d antler the Contract R and agrees to repurchase the Contract from Assignee, upon demand, whether the Contract shall then be, or not be in default, for the N P full amount then unpaid, with credit for whatever rebates would be due Buyer(s) on_the Contract If Buyer(s), as of tfte date of Seller's I L O payment, had prepaid the Contract in full. T E FULL REPURCHASE, If the Manufactured Horne which secures the Contra is repossessed by or on behalf of Assi nee Seller agrees to repurchase the Contract from Assignee, upon demand, regardless of the.condition or locobQ r of the Manufactured Home I C S ! as is, where is"). The repurchase price shall be the balance due on the Contract, computed as of the date of. repurchase, with credit A A for whatever rebates woufd be due to Buyer(s) on the Contract, as [f. Buyer(s`, as of the date of rg urchase, had prepaid the Contract L B ? in full, together with Assignee's repossession expenses, including, but not limited Io, aahy ootafco§ts and attorneys fees, storage, repair p and towing expenses. Upon payment Assignee shall reassign the Contract to Salter. L N LIMITED REPURCHASE. Seller agrees to comply with the terms and conditions of the foregoing Full Repurchase Agreement (which E are Incorporated herein by reference) provided however, that such obligpations of Seller shall terminate hereunder upon payment by Buyer(s) of each of the first monthly installments, each witt_%m fifteen (15) days of its respective due date. _ UCFI Form MHPAI I (Pennsylvania-Dealer) Page 5 of 5 L108 OAAi^7` B 0111497 •.w .. ri IVedA7 LOW SM./LEW4- ? fK'JLS?00-SaaDFSwaee.t nG'p?t?2' UNTT'® COMPANI S FUNDING, INC. 8349 Lhsitcd PlM DWd. Basom Pm4c, LA 70809 (800) 7251207 z f= (20) 997-wmw P.2 DEFER3LAL AGREEMENT Aexemai Na Buy=Mormwers: Georse m Bty"Ely.+oaste m Bryson I" qty WeoAt Cara" Pa 17013 RuyadBoseo va(a) end Um bed C Funding, Int. ("UCM awns and with the i- w be lesally bound hereby thar. (1) Qa M999, Bnyo&Borr*%lW(a) 4VWd a Betail bMUUM nt C=Wlet fbr the parcbasa of a mamrfatxmed home. 0 The Contest now belongs to Orated Companies Funding, be. MC M. (3) (1) The iasummeat maw east, defeetsd 3 mondfs and will not be due unwom* The ohaso for this defmral is RL92. (b) Charsat for Define of Ietstallnum: Sol W LOU: (d) PaCha pmpaidas inaslbacmdant SM, (e) nvd QQ, psyma:ua waved an msommemb dewed: Am= M TOTAL, DIFE AL CFIARGB DUE- ,SM.00 (s) The P.ynncot dsfead WM Am be efieedvu m d BaytUBaaawa(a) Pay UCFI 00 TOTAL DSFML4L CR&xM DUE of"Q- (3) BuyadBorrowat(s) undaratmd that past duapretnituna flat phyaicai danase Wma = azwor am& imiaaacc, if ant, may not be de8eneid tend asaat be paid at this limo. (6) Except as a praaly ebaemod by tbia Agracc=% the Comma cmtm is the entire asreemeat of BuyerMonowec(s) and UCFI CmtfQruer in full farce and P IN- NOTICE TO BUYIC JBORKCV% WS): IF YOU DO NOT !AY THE 10$F$ILV AL CHARGE DUB, YOU WILL B$ IN DEFAULT ON YMM COWMACTM UNMED CMeAN7ES FUNDING, INC. - - Sy (?" -g i C?- (f TO'd 9fi8t7+T£L+LTL 8159# 3.L3 S3XCM -1XVW dLS=ZT 66^0£-^0N A -4 K7L%4C6 Ot UMMAL ACSRWRXW tPUTM COMPANIES FUNDING, AQC. l" tk*" pum Sled. Doan Rau&% L& 7M9 %'.L DL"EEJMALAG KT Aeeoeed We.4M0WNWM 1" a"POWWaedd CwW% Pe 171W o0wameww(s) and USA" Campmia >?-vJu4 bm. rUCPf 1 sydes add with the to be b*ay batxnd he+1ry tea` Cl) Qa OSOt9S?, Bwyesr8edde?eCa) ia?ed aAsratlastt}bmaaCam.ee ilxthap?adrro a*amrmafimaedd name. { Tbc Cmtma aaw below to Umlod Cameo=-P=d= bs. C'Ucm- t3) Ca Zhe inpaliaamt m+r doo ddfatsd ! =ands dmd v0 mt be dw -"WOW ISrebmW hrmi dfhnW is M. 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LIMITED POWER OF ATTORNEY KNOW ALI, MEN BY TH.-,SE PRESENTS, that Deutsche 13;ank National `!'rust Company, a national banking association organized and existing under t;ho Jaws of the United SLate;s, formerly known as Bankers Trust Company of California, N,A. and having its principal place. of business aL 1761 last St. Andrew Placo, SanLa Arta, Califaa,iiia, 92105, as Trustee (the "Trustee") pursuant to those Pooling and Servicing Agreements for UCFC MH Trust 199E-2, UCFC MH Trust 199-1-2, UCFC M11 Trust 1997-3, UCFC M11 TrusL 199'2--4, UCFC MH Tru:jL 199f3-1, UC("C M11 Trust 19992 and UCFC MI1 Trust 1998-3, as amended, supplemented and modified from time to time in accorclanee with i.tn terms (the "Agreements."), the assignees of Unitod C:orrtparties Funding, Inc:., united Companies Landing Corpnra(.iont? and UNICOR MortgagOO), Inc. (col]ectively known as hereby constit.tites and appoints Groan Tree Servicing or i.i:s i:i.f.filiateu (the "Servicer:"), by and through any of the Service.rl ri officers or employees duly authorized by written rosolution on its behalf, the TrusLee's Lr.ue and lawful At.torrtcy-- tri-l"act, in the `rrusteal s name, place and stead and for the Trustee` s berioti,t, in connection with all mortgage loraas sarvi.cad by thu ,)(arvicer pursuant to the Agreemarrt's solely for the purpose of performing such acts and executing such documents in tho nano cif t,hc Trustee necessary and appropriate to effecLuate the Following ontameraLed transactions in respect of any of tho muri-gn9cu oz doods cL trust; (tho "Mortgages" and the "Deady of Trust." respec:ttvely) and promissory notes sacurod thereby (the "MovLgage Notes") for which the undersigned is acting as Trustee fox variaus cui of icat-eholders (whet-her the undersigned is named r.huTein as rnort:gage-e or heneficicry or has become mortgagee by virt im, of endorsement of the Mortgage Note secured by any such lAoa: Lclagc or t)ued of Trust) and 'tor which Green Tree Servicing I.LC or iLs 4fiflli.aLo are acting as tho Servicer. This Appointment shall apply only to the following enumetatod traatgactoTis and nothing herein or in the Agreement: shall be coribt rued to the contrary: l.. The modi fi cEiLion or re-recording of a Mortgage or hood of Trust, where: said modification or re-recording is solely for, thL, purpose of correcting the Mortgage or Deed of Trust to r_ontorm same to the original intent of t.hc! parties thereto or to correct tiLle errors disnoveLOd after such title ineu>:ance was issued; V6V_" nn?7 7I nn, ^n ?u px'ovi.dea that W said modification or re-recording, in either instance, does noL adversely affect the lien of the Mortgage or been of 'rust as insured and (,i.) othcvwise conforms to the provisions of the Agreement, 2. The subordination of the lien of a Mortgage or Deed of Trust to an easement in favor of a public: utility company of a government agency or unit with powers of eminent domain; this saction shall include, withouL limitation, the execution of partial .,atisfactions/rcleasen, partial reconvoyanccs or the oxeci tior? or rc-quests to t custCas to accomplish game. 3. The conveyance of the properties to the mortgage insurer, or the closing of the title to the properly to be acquired as roil estate owned, or conveyance of title to real estate owned. 4. 't'he completion of loan assumption agreements. 5. The full satisfaction/release of a Mortgage or mead of 't'rust os full convoyance upon payment and discharge of all sums secured Lherek) y, i.ncludi.rlg, wi Lhout limitation, cancellation of the related Mortgage Note. 6. The assignment. of any Mortgage or Deed of Trust and the related Mortgage Note, in connection with the ropurc.hase of Lhe mortga,go loan secured and evidenced thereby. 'I. Tho mull assignment of a Mortgage or. Deed of Trust upon payment and dischargo of all stuns secured thereby in core j?u?ctrion with the refinancing thereof., including, without lin?itation, the assignmcr?t of the related Mortgage Note. 8. With respeCL to a Mortgage or Deed of Trust, the foreclosure, the taking of a dead in lion of fore:clo5tire, or the completion of judicial or non-- judicial foreclosure or termination, cancellatior, or rescission of any such foreclosure, including, wi.thouL limitation, any and all of the following acts: it. i.he substitution of trustee(s) serving under a Deed of ',Crust, in accordance with state law and tine Deed of Trust; 2 ,j M,av_?^-'7!'^7 ??!?'^ ?fi: ?? aN CQU tin n? 1). the preparation and issuance of statements of breach or non--performance; C. Lhe preparation and filing of noticos of default and/or notices of sale; d. the c:ancollation/rescission of notices of default and/or notices of sale; o. the taring of deed in lieu of foreclosure; and f. the preparation and execution of Such other documents and performance of such other actions as may be necessary under the terms of the Mortgage, Doed of Trust or slate law to expeditiously complete said transacLi.ons in paragraphs 8.a. through 8.e. abovo. With respect to the sale of property acquired through a foreclo3ure or deed-in licu of foreclosure., including, without limitation, the execution of the following riocumernLat i.on: a. listing agreements; b. purchase and sale: agreements; C. grant/warranty/quit claim deeds or any other deed causing Lhe transfer of title of the property to n party contracted -to purchase same; ci. escrow instructions; and e. any and all documonts necessary to ef.fecL the transfer of property. ]Q. The modification or amendment of escrow agreements eutahl.ished for repairs to Lhe mortgaged pr.oporty or reserves for replacement of personal property. 11. With respect to tranaactions secured by manufactured huusincj, whathor such transactions are secured by a mvttgago, iien on a certificate of title or perfected by a U,C:.C. financing statement, to execute all doc:unjants necessary on behalf of the Trustee relating ' to loan payoffs, releases of titles, releases of sccuriLy interests on O.C.C. financing statements oz- other similar documcrits rolated to manufactured housing. 3 r •r v. %V Thr.: tYSU.ior: ictnecl gives said Attorney-in-Fact full power, and ,auttto_it:y to execute such inst.rumQnts and to do and perform all and tevuty act and thing necessary and proper to carry into effect tlic; Fyower. or powers granted by or under this Limited Power of At: Loy ney cis fully as the iindersigned might or could do, and Xte:reh,y ooe3 ratify and confirm to all that said Attorney-in-Fact .,hall tic: c3fferL'ive as of March 1, 2007. Thi^ appoi.ntmonL ise Lo be construed and interpreted as a limited power of attorney. The enumeration of spoc:ific items, rights, act.., or powers herein is noL intended to, nor does it give rise to, and it is not to be construed as a general power of attorney. Nothinrl contained herein shall. (i) limit in any manner any ijidornnificatioii provided by Lhe Service.,- to the Trustee under the A(JrUement, or (ii) be construed to grant the Servicer the power to iniL'iate or defend any suit, litigation or proceeding in the rizimu of Doutschc Bank National Trust Company except as spur:ificall.y provided for herein. If the Servicer receives any not,ic.e; of ;Ljit, litigation or proceeding in the name: of Dout scho flank N,atiorial Trust Company or Bankers Trust Company of Cal.i fo nia, N.A., then the Servicer shall promptly forward a copy of y?ama to she Indonture Trustee. Thi. , limited power of attorney is not intended to extend thin powt!!rs grtiYlted L4 the. Servicer under the Agreement or Lo allow the. Storvicc r to take any acL!on with respect to Mortgages, needs Of Tru.;L or Mor'tgagn Notes noL authorized by 1-he Agreement. 1'he ;;c.rvic:er her ehy agrees to indemnify and hold the Trustee and i.Crc directors, otf.icers, employees and agents harmless from and <htj 0 not any and all liabilities, obl ignitions, ios.-;es, damages, (?cnrel r i e actions, judgmcnLs, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by reason or re-itil t: of or in connection with the exercise by the Servicer cif ttzc powers grantect to it horeunder. The foregoing indemnity :,lhll sijrvive the termination of this Limited Power of Attorney wind thr Agreement or L•he earlier resignation or romoval of the Trustee under" the Agreement. `1'hi.; Limited Power of Attorney is ontered into and shall. be governed by Lhe laws of the State of Now York, without- regard to c.or+f.licta of. law principles of such state. Tbi rd pt-ir.t'i.es without actual notico may rely upon the exercise of t,ho powc:t gxantcd under this Limited Power of 2Attorney; and may tic; sat.infiod that L•hi s Limited Power of Attorney shall continue .ill `1211 force and effect and has not. been revoked unless an 4 A• J j/ FAY NO, N (j5 ins,Lr.ument of revocation has been made in writing by the utictersir?rf?,cl. .IN WITNESS Wflf-t'REOP, Dc.utsc:he Bank Nations] Trust, Company, as Trustee has caused its corporate seal to be hereto affixed and those presents to be signed and acknowledged in its name acid i)ehalf fsy a (ItA y elected and authorized signatory this 20th day of, March, 2007. Deutsche Bank National Trust Company, formerly knowti as Rankers Trust Company of California, N.A., as Trus ee By. Name: Ronal(io ' s Title: Vice P sid,ent Ac:ktiuw1ndried and Agreed G)*een 't'ree Servicing rLjLC ?? ??? lrlYlGc By, N?rrnc.: Aviisfln! Errrntary :;`PA'L'ES OF CALIFORNIA COUNTY OF Orange On 14arch 20, 2001, before me, tho undersigned, a Notary Public: in and for said state, personally appeared Ronaldo Reyes, Vice President of Deutsche Rank National Trust Company, as Trustee, personally known to me to be the parson whose name is subocri bc-d to the within instrument and acknowlecigod Lo ine that he:/qhe oxr_cutod Lhat same in his/her authorised capacity, and thi-it. by his/her signature on the instrument the entity upon bobal.f, of which the parson acted and executed the instrument. WITNESS my han(I and official seal. Notrary Pub.?'?- ,gate of California I i• 4 ` Al .„?t. y 1'u) l{Iq - (,. Mfr l+M'•? ? 5 Prue I of I NO- 8044279 MV-1 9-92 1. 7AX AND FE=-S A. MAKE OF ' iNCLF DEN(1Fr-01,7I01,1 NUMOER IMI F SRS WHICIEE II ` BDOv T1TE. IwWd. TK. VCOEL YEAR + + PE?i? PRICE I TO REVERSE { . * y l THIS COP REOWHF11 l 1 s, L TC.! eD r Y 1 l / 7,96 ' - j i j 7 4 14?- •?. L . - ' S SW i glt On fMNRP ?4? L# `ekoli9 V&1411,.ik wI I1W/'; !CRAW M ?I>ttca<"FTt:DwsPECna++ANEtHArc l CE At7ftKlfiiI= NOTARY PUllUX ess f1ATI.TG 1PRINT NAAFI MADE-IN `FUEL. i uH/HT NIUR 1 haw ?VSCt] But a MglNS C E d _ ?C1<FSFI. Ei6CTRID L7CYgl G/iAI01 EY tN0u4C Alk) BIAt IRA IAAJAI VIN N cwvcl. - AM US 1LNS,W4T + _ _ {LAST NAME fOR FIR.' . BUSINESS MARIE) PAST 11MAR VNIOLE wRW. i rFAL Fftri NUMRFR 9 X E?7. ddti?J SALT `, r+? x. IF ARPLILITILE} Au so n %7',E IxITI PINLA Nri 'iSAa ru0c an nncrsa; - 01 ki r-'j z6 yz C G' STFE:ET (QTY STATE 71 7 . 5' r? a 1A4. 17013 To s ux NOTE. IF A CO PTJFIC R OTIIE YOM WMJJF. ? USYFC AWW; Ca4E0t LINE OF THE SE SLOCA5 I' NO VA CI O< 19 CHPtKM, IA E.W woA PA". TITLE. VAA BE 0"0 AS `TtkAN1T5 w COLMfON% Cbm twuM hr A IY obw Orm I b 23 a O) ?. 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JEMPFYI y TRIM RED RECOSTFJIFD GFAMS CC 4BMUMN W'T {GW)3 (-OlAHHTTE]N TNT AIITIA; =MOW n t TrAU Bl - SE- LF IMKIPEL1.Elb tHCTW Afi4D WHERE IS Vitll"L USED, SiAti fklti' C+Iar3+c. n T? Arrawll • ? yA NOTgF I F-4rliOPEL1.E0 ? ' ? SJ, tIMMH ONLYp 4 (T iadFt. 11LJlTE G.If.CI (]I'e j vkwr;ftit rz* wjut?.Y Unto Y'..A't n TMNSf) R I gENEML OF rF%Alt PLATE TO SE ISSUED BY BUREAU (PVXA)J OF ws M Q TY6Af,ISTDR A RE H'l A(SF-kT i)F I4 ATi- C?'''ll TRANSFER IK KATE I AKPLACEkENB Of L-J srSaeFt MUST BE. A7TAUGHE0.1 PLATE N%-A + REA3()N I CON Rkl'LA ?ALNi [DrASUEpH 9W BUHLAU HE ? *r' EXPIF#:5... DL3OF.T STik,EN oi1tFAS;LD NEMEFi RF,d;T)TLfI*3T IN VALY T€A UBY PLATE kunn Y.?r NOTE, It "NEVER RECEIVED" book Js checked, m. must compk4e FDTm MV-LA. ? ISSUED GI° FIAL AGENT ROM tmf ho V," I H LV F TF ANSFER 8 - :AIIT S{aVATi9L OF PFR.SITN FTIMn 1 F+1'1.T 30. HEW- RFI AY`a"8W'RRlP TI) AT+P. L' PLATE i5 BEING TTIMS"PRIM 41F C21 QElIGL "? • TEk I't TRIM AI'rLTC NT1 . . _ k,Xt "04 .013SURANI£ C0~ff NAW P(1IIC'H f?R tJU {{ b4?E uWVT?e A'T'K C & i l_. _._ ..._ _ lUititllNE+A(iENi iPFtNJT NMAEr AGENT Nib. ggg tSSiANTa f G£A71FY TFVN L" AY.MITI W4Y vtAR_ AC+41 i HNF CHFCKEV lit M, If_NMOM IfW THE VEHICLE IS IN`.P S?ttT ANO °..- - 'pAFfYt4ATIIJN ISSUED TEMPQFWR Ul.`TRATOFi tY.l THE ABAIVL *11 a-.AM. .J 1S;S"W+ AGENT SHGNRTIRE IFLF••!IIHONE NO ' = a£Agr At or THE R-TIk CWI+tIMYGE (VITH AIr Af4L1f_ ? lA =* u H I EPARTMFNT u4AnONu 0 VINE ACKMOIFI.E DOME Tha I/WE MAY LOSE M Y/01,1111 OPERAIVA PRRRN. U$l OR VEHICLE BEGFdTOLOMONOW FOR. FAI.UhE TD MAHhtfMll f RESPONSIBILITY ON THC I• . Ci1..m' REWB MEO VSWU FOB THE KNOW OF REGIBTRATIOM. V WE FlATHEAt ACKNIOVMIEDOE THAT VINE MAY BE SUBJECT TO A J4NE NOT 4110COHIMMI G SbAm AND DAMOOHM AIT OF NOT MOMS THAN TWO a" YEARS FOR ANY FALSE. WIMMMENT THAT 1/WE MARE ON TONS FORM, AND I/WE CERTIFY THAT VINE HAME EXAMINED AND SIGNED THE POW APTEIN ITS COWUITON: AHD, TMAT, IT AN EXEMPTION FROM PAYMENT OF SALES TAX M CLAIMED, I AM/WE ARE AUtH0111=0 TO CLAW THIS EX€MPTNIN. ItWE u y FURTHER CERTIFY THAT ALL STxTEMEMITS HEREIN ARE TRUE AND CORRECT AND MAKE A "KAMON D SPAJIFIN DONE No. O Om 97 y'-m fah aw"icame or me me vft VH*Me DESCRIBED IN K= A. ME OF TAD S"ER A 4 , fTRASYLLI FR d W!'-y 3 .?I?NNwgr?* x ` fTk ENE? `., '1 x'13 I?? g E cj, .A ?? ? ( MESSENGER NUMBER: . . L •_-ATTnr A/A nC s¦rn'nu .?•?•iN'R iF+i EXHIBIT file :///C:/Users/krista.DALAW/AppData/Local/Microsoft/Windows/Temporary°/`2OInte q{t941 k?sk fy? ` ` rsr (`V 1 «s• r##* + « AN VS x*« ? x k * paxI nd ??? of IW 65 00 6??? 557't"? sM iV +?yK ?? ssst*ts #st #'y##*#}###** 140 #*s #**« 00 10 40DI ,jdyg?l?{ 01#0Y ?pg1 s5 ow J.. 'Alt *Rs \V4 PJCQ %'li 10 ? . «* of ate 4 +`l a %,S f Lt tow foou 2/14/2012 eov- .` ••• W /ApPDat`'/Local/Microsowwindows?emp°rary%201ntern ,? . R ? ?erslkr15ta.DALA Page I of 1 I'MMONWEALTH OF PENNSYLVANIA 'PARTMENT OF TRANSPORTATION BUREAU OF ROTOR VEHICLES PO BOX 8279 HARRISBURG PA 17104-2516 r INFORMATION (7:00 AM TO 9:00 PM) WITHIN PA 1-800-932-4600 FROM OUT-OF-STATE (717)-391-6190 6th J WITHIN PA ON A TDD 1-800-228-0676 FROM OUT-OF-STATE ON A TDD (717)-391-6191 AUG 11, 1997 GEORGE D B YVONNE M BRYSON 129 REGENCY NORTH CARLISLE PA 17013 DEAR APPLICANT: THE BUREAU OF MOTOR VEHICLES HAS RECEIVED YOUR APPLICATION RELATED TO THE FOLLOWING VEHICLE: MAKE: MANORETTE, BODY TYPE: MOBILE HOME, VIN NO: TUO0647A8, TITLE NO: 00000000 THE APPLICATION COULD NOT BE PROCESSED FOR THE FOLLOWING REASON: THE MANUFACTURER'S CERTIFICATE OF ORIGIN IS REQUIRED IN CONJUNCTION WITH APPLICATION FOR TITLE TO THE VEHICLE DESCRIBED ABOVE. ANY NEGOTIABLE CHECKS OR MONEY ORDERS SUBMITTED WITH THE APPLICATION HAVE BEEN DEPOSITED BY THE BUREAU. PLEASE FOLLOW THE INSTRUCTION(S) LISTED ABOVE AND RETURN THIS DOCUMENT IN THE ENCLOSED SELF-ADDRESSED ENVELOPE. IT WILL RECEIVE OUR PROMPT ATTENTION, IF A NOTARY PUBLIC, MESSENGER OR DEALERSHIP ASSISTED YOU IN THE COMPLETION OF YOUR APPLICATION YOU MAY DESIRE TO RETURN THIS LETTER TO THEM FOR ASSISTANCE IN MAKING THE ABOVE CORRECTION. THIS FORM WILL BECOME A PART OF YOUR APPLICATION, THEREFORE, YOUR SIGNATURE IS REQUIRED BELOW. IF YOU HAVE ANY QUESTIONS, PLEASE CALL A MEMBER OF OUR SERVICE REPRESENTATIVE TEAM AT ONE OF THE TELEPHONE NUMBERS LISTED ABOVE. APP1,TCANT'S SIGNATURE DATE SINCERELY, SERVICE REPRESENTATIVE TEAM BUREAU OF MOTOR VEHICLES PaPaAwvvl. _ Pe 97198 0052 000969 001 4241 " 7202 r G 0110 f t l? 1 It .?\t tt ? file :///C :/Users/krista.DALAW/AppData/Local/Microsoft/Windows/Temporary%20Intern... 2/14/2012 NINTH JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION Deutsche Bank National Trust Company Plaintiff, V. George D. Bryson, et al. Defendants. l v M - = ? s'" M- 17 ? Court Term r ' C;? No. ? . =o CD -n c Complaint in Replevin D a t n MOTION FOR ORDER OF POSSESSION OF PROPERTY PURSUANT TO PA. R. C. P. 1073, et seq. Now comes Plaintiff Deutsche Bank National Trust Company ("Plaintiff'), and hereby moves this court pursuant to PA. R. C. P. 1073, et seq., for an Order of Possession. Plaintiff requests that this Order of Possession direct the Sheriff of Cumberland County to seize and forthwith deliver to Plaintiff, or accompany the Plaintiff in repossession of the following property now in possession of Defendants and wrongfully detained by Defendants: a 1996 Manorwood manufactured home, Serial No. TU00647A/B. Plaintiff makes its motion on the grounds that Defendants obtained possession of said property pursuant to a Manufactured Home Retail Installment Contract ("Contract") entered into on or about May 8, 1997. A copy of said Contract is attached to Plaintiffs Complaint as Exhibit A and incorporated herein by reference. Plaintiff Deutsche Bank National Trust Company is the holder of the Contract. Defendants have failed to remit to Plaintiff the monthly payments required in the contract and said contract has been terminated by Plaintiff for nonpayment. Said termination ended Defendants' right to further possession and use of said property. Defendants continue to wrongfully detain the property. s ` For the foregoing reasons, Plaintiff respectfully requests this Court grant Plaintiffs motion and execute an Order of Possession. Respectfully submitted, David J. D rs (#307952) COOKE, DE ERS & GLEASON, LLC Three North High Street P.O. Box 714 New Albany, Pennsylvania 43054 Telephone: 614-939-0930 Facsimile: 614-939-0987 Attorney for Deutsche Bank National Trust Company NINTH JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION Deutsche Bank National Trust Company Plaintiff, V. George D. Bryson, et al. Defendants. - Court Term r -- r C cn D 4 No. . C? vc) levin t i Re l i C n p n omp a 7m rte' VERIFICATION AFFIDAVIT STATE OF PENNSYLVANIA } } ss: COUNTY OF FRANKLIN } David J. Demers, Esq., a credible person, first being duly cautioned and sworn, states as follows: 1. I am one of the attorneys for Plaintiff Deutsche Bank National Trust Company. 2. That the Plaintiff is applying herewith for recovery of a 1996 Manorwood manufactured home, Serial No. TU00647A/B (hereinafter referred to as "Collateral"); that the Collateral is located at 129 Regency Woods North, Carlisle, PA 17015, that to the best of Affiant's knowledge, the Collateral is worth approximately Twenty-Five Thousand and 00/100 Dollars ($25,000.00); and there is due and owing pursuant to the terms of the Contract the net sum of Thirty-Nine Thousand Eight Hundred Seventy-Two and 39/100 Dollars ($39,872.39) as of December 28, 2011. 3. That the Defendants have used the Collateral, to the best of Affiant's knowledge, for personal use. 4. That Defendants executed and delivered to Plaintiff a Manufactured Home Retail Installment Contract and Security Agreement (hereinafter referred to as "Contract"); that a copy of the Contract is attached to Plaintiff's Complaint as Exhibit A. 1. 5. That pursuant to the Contact, Defendants granted Plaintiff a security interest in the Collateral, which security interest Plaintiff perfected by noting its lien on Pennsylvania's Certificate of Title for the Collateral, a true and accurate copy of which is attached to Plaintiff's Complaint as Exhibit C. 6. That pursuant to the terms of the Contract, Plaintiff has a right to possession of the Collateral upon default; that Defendants have failed to make the required Contract payments to Plaintiff; that Defendants are now in default under the terms of the Contract; and that Defendants are presently in arrears on her account in the amount of One Thousand Six Hundred Fourteen and 96/100 Dollars ($1,614.96). 7. That the Defendants have wrongfully detained the Collateral and have failed or refused to return the Collateral. 8. That Plaintiff has suffered considerable injury because of Defendants' detention of the Collateral and will continue to suffer such injury for as long as Defendants have possession of the Collateral. 9. To the best of Affiant's knowledge, Defendants have no claim that their detention of the vehicle is lawful. 10. After reasonable investigation, Plaintiff has determined that the manufactured home is located at 129 Regency Woods North, Carlisle, PA 17015. 11. The vehicle was not taken for a tax, assessment, or fine pursuant to statute, or seized under the execution of judgment against the property of Plaintiff. FURTHER AFFIANT 5AYETH NAUGHT. David J. D ers (#307952) The foregoing affidavit was sworn to and subscribed before me this LO day ??day of b 112012. M A. MI -VA Mf:KI NOTARY PUBLIC Notary Public U My Commission Expires: LA- STATE OF OHIO Ay comm. Eas 0- ?$U' dH ,fifa!'t r 1OAP.q ?^ E ADAM J. BENNETT WOKE, DEMERS J°HN A. GLEAsoN ANDREW P. COOS KEN C. KECH DAvmJ. DEMERS CWjLEASON LLC KYUE KErrcH also admitted in Indiana KRisTA A. MRoczKoWSHI and Pennsylvania also admitted in West Virginia March 13, 2012 VIA FEDERAL EXPRESS Cumberland County Prothonotary's Office Cumberland County Court of Common Pleas 1 Courthouse Square, Suite 100 Carlisle, PA 17013 RE: Deutsche Bank National Trust Company v. George D. Bryson, et al. Dear Clerk: Enclosed for filing in the above referenced matter are the original and five (5) copies of the following: 1. Complaint; 2. Motion for Order of Possession of Property; 3. Verification Affidavit; 4. Notice of the Proceeding; and 5. Notice to Defend. In addition, please find for filing, the original and one (1) copy of the: 6. Request for Service; and 7. Civil Case Information Statement. We request that the hearing date be scheduled at least twenty (20) days from the filing of this action to insure that adequate time has been given to obtain service on the Defendant(s) and make the necessary return(s) of service. Please time-stamp one copy of each document (including this letter) and return them to my office in the enclosed envelope with the case number, the hearing date and the name of the judge assigned. THREE N. HIGH STREET • P.O. BOX 714 • NEW ALBANY, OHIO 43054 office 614.939.0930 • fax 614.939.0987 www.cdgattorneys.com Thank you in advance for your assistance in this matter. Should you have any questions or concerns please feel free to contact our office at your convenience. Very truly yours, &b-td ) &Qjy? ? -r-I - David J. Demers COOKE, DEMERS & GLEASON, LLC Attorney for Deutsche Bank National Trust Company Case No.: Hearing Date: Judge: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Deutsche Bank National Trust Company vs. George D. Bryson (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2012-1634 03/16/2012 08:49 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 2049 hours, he served a true copy of the within Notice, Complaint on Action for Replevin and Motion for Order of Possession of Property, upon the within named defendant, to wit: George D. Bryson, by making known unto himself personally, at 129 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN B 03/16/2012 08:49 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2012 at 2049 hours, he served a true copy of the within Notice, Complaint on Action for Replevin and Motion for Order of Possession of Property, upon the within named defendant, to wit: Yvonne M. Bryson, by making known unto herself personally, at 129 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, SHERIFF COST: $50.45 March 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF T 2012 MA 28 AM 8: 41 UMSi:kLAi4D GOBI) FENNSYLYANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, Plaintiff V. GEORGE D. BRYSON YVONNE M. BRYSON, Defendants Ar- *400 1W 4r" 4*1113%x IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NO. 2102-1634 CIVIL TERM IN RE: MOTION FOR WRIT OF SEIZURE ?ij?i • AND NOW, this 10TH day of April 2012, upon consideration of Plaintiff's "Motion for Writ of Seizure," a Rule is issued upon all interested parties to show cause why the relief requested should not be granted. RULE RETURNABLE within twenty days from the date of service. Thomas . Placey C.P.J. L.. . €.:.':, .. Distribution List: 5 E ? N David J. Demers, Esq. Three N. High Street New Albany, Ohio 43054 =C2 --- c- r =; { George D. Bryson C 129 Regency Woods, North Carlisle, PA 17015 4"es via.`led 4lrolea Pee Yvonne M. Bryson 129 Regency woods, North Carlisle, PA 17015