Loading...
HomeMy WebLinkAbout13-2184 Supreme Co ` . nnsylvania Cou leas For Prothonotary Use Only: Docket No: �3 Coun 'I ;3 - a,��f ���� i The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: mplaint ❑ Writ of Summons ❑ Petifion T ransfer from Another Jurisdiction ® Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: �` W �5 nt iWt-r GDG IfiJG Dollar Amount Requested: ❑within arbitration limits Are money damages requested? lW yes E3 No (check one) f utside arbitration limits 11T Is this a Class Action Suit? 0 Yes 13'�No Is this an AMJAppeal? ❑ Yes \ n,,No Name of Plaintiff/Appellant's Attorney: l l.L C_ ( wI -ter —� ❑ Check here if you have no attorney (are a Self - Represented [Pro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional [3 Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other .. ;' ❑ Product Liability (does not include ❑ Employment Dispute: Tj mass toll)' Discrimination i� ❑ Slander/Libel/ Defamation m C [3 Other: [3 Employment Dispute: Other [3 Zoning Board ❑ Other: ❑ Other. MASS TORT ❑ Asbestos Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: © Eminent Domain/Condemnation E3 Declaratory Judgment B.; ❑ Ground Rent Mandamus [] Landlord/Tenant Dispute Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial EQuo Warranto ❑ Dental ❑ Partition eplevin ❑ Legal ❑ Quiet Title ❑ Other: ?= ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount CIVIL DIVISION Company, by and through its agent and servicer, Green Tree Servicing, LLC, No. )3 aj$q O N O Te rp Plaintiff, TYPE OF PLEADING: Complaint in Replevin V. Darrell Hughes, FILED ON BEHALF OF PLAINTIFF: Conseco Finance Consumer Discount Defendant. Company, by and through its agent and servicer, Green Tree Servicing, LLC, COUNSEL OF RECORD: Daniel C. Lawson PA. I.D. #38562 Meyer, Darragh, Buckler, Bebenek & Eck, PLLC Firm # 198 U.S. Steel Tower, Suite 4850 MW , 600 Grant Street� Pittsburgh, PA 15219 -<: ' r (412) 261 -6600 77 c f P1058729.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount CIVIL DIVISION Company, by and through its agent and servicer, Green Tree Servicing, LLC, No. Plaintiff, V. Darrell Hughes, Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Courthouse 2 Liberty Avenue Carlisle, PA 17013 (717) 249 -3166 103- 75 PA ATE C� 1 R # c l � B � (o, � $ P1058729.1 " " } q &� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Conseco Finance Consumer Discount CIVIL DIVISION Company, by and through its agent and servicer, Green Tree Servicing, LLC, No. Plaintiff, V. Darrell Hughes, Defendant. COMPLAINT IN REPLEVIN AND NOW, comes Conseco Finance Consumer Discount Company, by and through its agent and servicer, Green Tree Servicing, LLC, by and through its attorneys, Daniel C. Lawson, Esq., and Meyer, Darragh, Buckler, Bebenek & Eck, PLLC and avers the following in support of its Complaint in Replevin: 1. Darrell Hughes, hereinafter referred to as "Borrower," is an individual whose last known address is 276 Redwood Lane, Carlisle, PA 17013. 2. Conseco Finance Consumer Discount Company, by and through its agent and servicer, Green Tree Servicing, LLC, hereinafter referred to as "Plaintiff," is duly authorized to conduct business in the Commonwealth of Pennsylvania. 3. On or about June 6, 2000, Borrower entered into a "Security Agreement," hereinafter referred to as the "Financing Contract," a true and correct copy of which is marked as Exhibit "A" P1058729.1 -1- and is attached hereto and made a part hereof. 4. Plaintiff is the present holder of the Financing Contract. 5. Pursuant to the Financing Contract, Borrower promised to repay the borrowed amount of $73,621.00 plus interest. 6. Borrower has defaulted by failing to make payments when due. 7. As of April 1, 2013 the delinquent payment amount due and owing from Borrowers to Plaintiff is $2,662.74. 8. As of April 1, 2013, the amount owed by Borrowers to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is $71,042.75. The interest on said amount is accruing at the daily rate of $25.75. 9. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the Financing Contract. 10. On March 1, 2013 Borrower was provided a Notice of Default, a true and correct copy of which is marked as Exhibit "B" and is attached hereto and made a part hereof. 11. Pursuant to the Financing Contract, Borrowers financed a 1999 Fleetwood Manufactured home (serial no. PAFLX22AB5587SK13 ) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured Home." P1058729.1 -2- 12. It is believed and therefore averred that the Manufactured Home is located at 276 Redwood Lane, Carlisle, PA 17013. 13. Pursuant to the terms of the Financing Contract, a security interest in the Manufactured Home was granted or assigned to Plaintiff. 14. Plaintiff perfected its security interest in the Manufactured Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a Vehicle is marked as Exhibit "C" and is attached hereto and made a part hereof. 15. Borrowers have failed to surrender the Manufactured Home upon Plaintiff s demand. 16. Plaintiff is now entitled to immediate possession of the Manufactured Home. WHEREFORE, Plaintiff demands judgment in replevin for possession of the Manufactured Home and the sum of $71,042.75, plus attorneys fees, costs, expenses, interest from April 1, 2013 and damages for the unjust retention of the Manufactured Home. Respectfully submitted, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, PLLC "rile : L on M Attorneys for Plaintiff Meyer, Darragh, Buckler, Bebenek & Eck, PLLC U.S. Steel Tower, Suite 4850 P1058729.1 -3- 600 Grant Street Pittsburgh, PA 15219 (412) 261 -6600 P1058729.1 -4- °ow,«t rr..nt. tar ea�i�n. tsar. toae. DISBURSlHM DATE: 6/06/00 Gtr - 10.30 -101 (else) mm.m PENNSYLVANIA ACCOtMT # 73327512 MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT ANp SECURITY AGREEMENT (CONV. - FHA - VA) (SI) Date G Q BUYER: HUGHES, DARRELL, 276 REDWOOD DRIVE, CARLISLE, PA 17013• SELLER: BONNIE HEIGHTS HOMES INC., 7048 CARLISLE PIKE, CARLISLE, PA 17013 ASSIGNEE: COHSECO F111AHCE CONS014ER DISCOUNT COMPANY, 105 BRADFORD RD SUITE 200, WEXFORD, PA 15090 FEDERAL TRUTH -IN• ENDING A T dl CL URE5 ANNUAL FINANCE Amount Total of Payments Total Sale Price PERCENTAGE RATE CHARGE Financed {the $Muni Iwlll hays Rha tetai cost a! cry pur• (The oast o} my anal) n a Me dollar mnount ttu (no amount of eratlt pre. paid aflrr t rays made all than an endit,ineluding Yearly rate.) o WN Wll tall ms.l vidad to nra or on ary behalf.) payMeeta essehedulsd) ary down payment of . 13.75 C A 235176.ZO $ 73621.00 $ 3900.00 ) My payment schedule will be: $ 309797.20 $ 312697.20 Number of payments Amount of Payments When Payments Are Due 360 657.77 Monthly beginning J O Ua�6 SECURITY: I am giving a security Interest in: HX The goods or property being purchased. M/A 0ther.10eseribe): H/A FILING FEES: s 40.00 , LATE CHARGE: If a PeV.mentIs more than 15 days late, I will be charged 0.00 or 5.0% of the unpaid amount of the installment, whichever is less PREPAYMENT: If I pay Off early, l H/A may XX will n original terms. ot be charged a prepaymentpenalty. TIO A83UMPN: Someone buying my FomQ may, su act to conditions, be allowed to assume the remalnder of the Contract on the See the Contract document below for any additional information about nonpayment, default, any required repayment in full before the schedulad date, and prepayment refunds and penaltles. BUYER RESTRICTIONS: If I do not most this Contract' bli atiens I MRV lose the lorogerty that I bought in thl le. TEal Z TION OF THE AM T FINA PHYSICAL D MA SURA CE 1. Cash Sale Price Physical Damage Insuraneela required but I may obtain It from (including Taxes of) 8 • g 76900.00 chycksl I want t you or lt ugh you ! abll, I pet YeL nsurano ,.. 2. Gross Trade- in'­.­ S • two Amount Dated on Trade-in S ,00 y 581.00 for Insurance protection for a term i01 Net Trade -in .............. S D0 x 250.00 a-- YB e. Comprehensive (e deductible) Deacrlatlon: Make N/A Flood Year 0000 Size 00 X 00 H Liability S. CashOown Payment.... g 3900.00 H/A other 4 . Total Down Payment . ............................... . 8 3900.00 H/A Vendor's Single interest S. UnpaldRalanceof Cash Sale Price 11 - 4J... +s 73000.00 6. Paid to Public Officials .............................. +b 40.00 OPTIONAL CREDIT LIFE 7. Paid to Insurance Companies......,,.,.......... +S $81.00 AND DISABILITY INSURANCE 8. Paid to Appraiser .............. + g .00 Credit Life and Disability Insurance are not required to obtain +S credit and will not be provided unless I sin and ag to pit the 9. a. Paid to 0o additional cost. g »� y b. Paid to + 8 .00 The term of this Insurance Is o0 years. c. Paid to + g .00 d. Paid to +g .00 H/A Single Credit Ufa Insurance b 00 e, Paid to +g ,0o H/A Joint Credit Life Insurance g .o0 f, Paid to +S .00 H/A Single Credit Disability Insurance s .00 u. Paid to + 5 • p0 Total 8 .00 10, Principal Balance 16 +6 +7 +8 +9 a. - g.f.,,. +5 73621.00 11. PfODaid finance Charges ... ....................... -6 00 X 12. Amount Flnanced 110 - 11 I ..................... a 73621.00 Signature of Buyers) Insured Date CONTRACT AND SECU AITY AGREEMENT 1. DEFINITIONS: "I ", "ma ", "my' means the Buyer(s). "You ", "your" means the Seller and also the Assignee (after the Contract Is assigned by Seller). The "parties" means the Buyer and Seller, together. "Manufactured Home" means the menufacturadhome and any Other property described on page 2. " Contract" or "Agreement" means this Retail Installment Contract and Security Agreement. a.P►orant-, Inc., at. cieud.MM Finn 137.dNRCLAZPA 8120/09 ORIGINAL OT-10-219-101 Ierae3 l�' fe+roe 1 oral tM �t IInRUI �grlenTlagnl , glteapow0an,1117.TIai. NEW 0 red HUGHES 5106855 Hama AN N 1999 stave ;00D HOMES STONSCR&EK PAFLX1IA845597SC13 28 X 64 X BtOVe X Refrigerator Washer Dryer X Air Conditioner Wheels /Axles t er ( Desc ,lbil l SKIRTING /D91INSNR/DECXS Z. PURCHASE: I have the option of buying the Manufactured Home for the cash price or buying on credit. The cash price la shown on cage 1 as the "Cash Sale Price ", and the Credit price is shown on page 1 as the "Total Sale Price ". I choose to buy on credit. 3. SECURITY INTEREST: I give you a security interest in the Manufactured Home and any property added to It or attached. The Purpose for giving this security interest is to secure my obligation under this Contract, l also grant you a Security interest in any interest 1 may have in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. I agree to execute any application for certificate of title or ownership, financing statementor other document necessary to perfect your security interest in the Manufactured Home. Only the counterpart labeled "original' may create a security interest in chattel paper according to the Uniform Commercial Code definition in effe0tin Pennsylvania. 4. PAYMENTS AND LATE CHARGE: l will pay you the amount shown as the "Total of Payments" according to the payment schedule shown on page 1, 1 also agreeto pay a fate charge for late payment as shown on page 1, S. NSF FEE: If any payment instrument which I submit to you is returned unpaid for any reason, I will pay you a fee of N/A N/A B, PREPAYMENT; I MAY PREPAY THiS LOAN IN WHOLE OR IN PART AT ANY TIME, I WiLL NOT PAY A PENALTY UPON PREPAYMENT UNLESS OTHERWISE STATED IN THE NEXT SENTENCE. IF I PREPAY IN FULL WITHIN N/A MONTHS OF THE DATE OF THiS NOTE, I WILL PAY YOU A PENALTY OF N/A N/A . PARTIAL PREPAYMENTS WILL NOT EXCUSE OR REDUCE ANY LATER SCHEDULED PAYMENT UNTIL THIS NOTE IS PAiD IN FULL. I. SIMPLE INTEREST CONTRACT: This is a simple Interest contract. The interest rate is 13.751 per annua Interest will accrue upon the unpaid principal balance outstanding from time to time until paid In full. The Ftnance Charge, Total of Payments and Payment Schedule were computed bussed on the assumption that payment will be made on the dates scheduled for Payment- Early payments will reduce my final payment. Late payments will increase my final payment. My final payment will be equal to all unpaid sums due under this Contract. My promise requires me to pay the final pa final payment differs from the amount of the final payment disclosed. yment on the date due even it the amount of the a. NO WARRANTIES: t agree that there are no warranties of any type covering the Manufactured Home. I am buying the Manufactured Home AS 18 .and WITH ALL FAULTS and THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MANUFACTURED HOME 1$ WITH ME. I agree that any implied warranty of merchantability and any implied warranty of fitness for a particular purpose are specifically excluded and do not cover the Manufactured Home. This NO Warranties provision does not apply to the extent that any law prohibits It and It does not cover any separate written warranties. S. PROTECTION OF THE MANUFACTURED HOME: I will: (a) keep The Manufactu Fra a in good condition and not Commit waste; (b) pay all taxes, charges and lot rent due for the Manufactured Home and the real estate It Is located an; (c) not move, use illegally, self, lease or otherwise transfer the Manufactured Home: (d) not attach the Manufactured Home to any real estate and The Manufactured Home will always be treated as personal property unless you consent in writing and state law permits such Contrary treatment; and (a) not let anybody else have any Interest In the Manufactured Home. 10. INSURANCEi 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 win arrange for you to be named as loss payee on the policy. I agree t0 provide you written evidence of Insurance as requested by you from time to time. If you finance the purchase of any such insurance forme, i will repay you for the cost of that Insurance, plus interest up to the contract rate of interest, I authorize you to furnish account data to.a licensed Insurance agent of your choice so such agent may solicit the purchase of credit, property, warranty or other insurance from me. I agree that the insurance Company may make any payments due under the policy directly to you, and I direct the Insurance company to do so. You may do whateveryou think is necessary to be sure that any proceedoof the insurance will be used to repair the Manufactured Home or pay off this Contract. I give you a power of attorney (which I cannot cancel) so that you may do whatever you need to In order to Collect the insurance proceeds. It I fall to obtain, maintain or pay for the required insurance, or if 1 fall to arrange for you to be named as loss payee, you may treat that as a default of my obligation: under this Contract, and you may (but are not m required to) purchase such Insurance. if you purchase such insurance, { will Imadfatefy repay you for any amounts you spand in purchasing the insurance, plus interest up to the contract rate of interest or, at your OPtl0n, pay you Over time as a workout of the. obligation. If I owe you for any insurance (or for late charges, attorneys' fees or cOOection 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 greaterthan thatstated on page 1 until such additional debts are paid In full. 11, NOTICE OF PROPOSED INSURANCEi II so indicated on the front of this Contract, credit life insurance coverage and /or credit accident and health Insurance coverage will apply to this Contract. The insurance Company named on the front of this Contract will write the Insurance. The Insurance covers only the pera0n(s) signing the raquest for insurance.. The charge for each type of credit insurance to be Purchased is as indicated on the front of this Contract. The term of insurance will begin as of the date of this Contract and will .end on the original due date of this Contract. Subject to acceptanceby the Insurance Company and within 30 days, a certificate of insurance will be given to the insured. If this Contract is prepaid before it is due, a refund of Insurance charges will be made when due. 12. DEFAULTi I will be in default if: 11) 1 do not make a payment on time: or (III I do not keep any of my other promises under this t Contract; or iiii) I file a case, or someone else files a case against me, under the United States Bankruptcy coda: or (iv) you feel in good faith that the Manufactured Home Is in danger or that I will not be able to continue my payments. The default described under (iv) does not apply It this Contract Is guaranteed by the Veteran's Administration. You will glue me notice Of the default except when I voluntarily surrender or abandon the Manufactured Home. I will have the right to cure the default during the notice period. If I do not cure the default, you may do either or both of the following: (a) ACColaratlon:You can requlre me to immediately pay you the entire r fi l,¢., et. ralW,Mx rmm er- MMACLA7pA erouras axmauu OT•14ga•1 Qt lefael foods a/ IIIA UMIII I n Trm Arwdd eapafti., ISO?. Isis. remaining balance of this Contract; and/or (b) Repossession: You can repossess the Manufactured Home. Once you get possession of the Manufactured Home you may sell it. If the amount from the sale, after expenses, is less than what I awe you, I will pay you the difference. If there is any property left in the Manufactured Hama when you repossess, you may dispose of It as provided bylaw. If I default, you can do whatever is necessary to correct my default. If you spend money to correct my default, I will pay you back Immediately with Interest at the contract rate of Interest. 1 3, CURE OF DEFAULT: i may cure a default at any time before title to the Manufactured Home Is transferred from me, which win be at least 45 days after receipt of the notice of default. To Cure the default, I must pay: (a) all amounts which would have been due in the absence of default and acceleration, (b) reasonable attorney's fees plus court costa and actual out- of•pocketexpenses as further defined In paragraph t Z, 1e) any late charges that are due, and (d) reasonable Costs which are actually Incurred for detaching and transporting the Manufactured Home to the site of sale, and ) Perform I mustalso Perform any eothe Obl iga ti ons obligation would have had to perform In the absence of default. I have the right to cure a default up to three (31 times In any calendar year. 14. NOTICE Except for any notice required under applicable law to be given in another manner, (a) any notice to me provided for In this Contract shall be given in writing by mailing. such notice by certified mail, addressed to me at the Manufactured Home address or at such other address as I may designate by notice to you In writing, and (b) any notice to you shall be given In writing by certified mall, return receipt requested, to your address stated herein or to such other address as you may designate by notice to me In writing, ' 1 S. ATTORNEY'S FieES; 11 you hire an attorney who is not a salaried employee to collect what i owe under this Contract or to get possession of the Manufactured Home or to enforce my agreements herein, I may be required to pay your reasonable attorney's fees Plus court costs and actual out -of- pocket expenses. If state law provides for a limit on attorney's fees, i win pay only the legal limit. 18. MISCELLANEOUS PROVISIONS This written Contract is the only agreement that covers my purchase of the property. This Ccntractcan only be modified or amended, or provlslons in It waived (given up), by a written modification to this Contract signed by You. You can decide not to use or enforce any of your rights under this Contract without losing them. For example, you can extend the time for making some payments without extending others. If any part of this Contract cannot be enforced because of a law which prohibits It, all other parts can still be enforced. I agree to pay you all allowable charges for the return by a deposhorylnathutlon of a dishonored check or other negotiable instrument to the full extent provided by applleabla law. I agree to Cooperate with you regarding any requests attar closing to correct errors made concerning this Contract or the transaction and to provide any and all additional documentation deemed necessary by you to complete this transaction. 17. ARBITRATION: Ali disputes, claims, or controversies arising from or relating to this Agreement or the relationships which result from this Agreement, or the validity of this arbitration clause or the entire Agreement, shall be resolved by binding arbitration by one arbitrator selected by you with my consent. This arbitration agreemenvis made pursuant to a transaction Involving Interstate commerce, and shall be governed by the Federal Arbitratlon Act, Title 9 of the United States Code, Judgment upon the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes In court, but that they prefer to resolve their disputes through arbitration, except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WANE ANY RIGHT THEY HAVE TO A JURY TRIAL, EiTHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR. PURSUANT TO A COURT ACTION BY YOU (AS PROVIDED HEREIN). The partlea agree and understand that all disputes arising under case law, statutory law, and all other laws Including, but not Ilmited to, all contract, tort, and property disputes, will be subfect to binding arbitration In accord with title agreement. t agree that I shall not have the right to participate as a representative or a member of any class of claimants pertaining to any clalm arising from or relating to this Agreement. The parties agree and understand that the arbitrator shall have all Powers provided by law and the Agreement. These powers shall include. all legal and equitable remedies, Including, but not limited to, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto the contrary, you retain an option to use Judicial or non{udlcial relief to enforce a security agreement relating to the collateral secured in a transaction undedyIng this arbitration agreement, to enforce the monetary obligation or to foreclose on the collateral. Such judicial relief would take the form of a lawsuit. The institution and maintenanceof an action for judicial relief in a court to foreclose upon any Collateral, to obtain a monetary , or to enforce the security agreement, shall not constitute a waiver of the right of any party compel arbitr Including the filing of a counterclaim in.a suit brought by you pursuant to this provision, ation to ne this ryjud Agreement, ra 18. ADDITIONAL TERMS: N/a i I 60'— TVI �.,r,C., St now .MN Fp OT-UNRCtASA alloMp ORfCYMAi OT -1 a•3a -fat fefAC� . to unwr Ipryrrinr 4/ i olar ftrrpl HUGHES - 5I068ss NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SMALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. NOTICE TO BUYER: 1. DO NOT SIGN THIS CONTRACT IF IT CONTAINS ANY BLANK SPACES. 2. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SION. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. 3. LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE BOX ON PAGE 1. BUYER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. X X ` � Ckk' z X Signature-of SIgnature Buyer DARRELL HWHES I Dee Signature of Buyer Date ASSiGNMENT 9Y SELLER For good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, Seiler hereby sells, assigns, and transfers Its entire right, title, and interest In the Contractand the property descrlbad therein {the 'Property "I to Assignee. Such assignment Is made pursuant to the terms contained herein and In a separate Dealer Agreement, which Is Incorporated herein by reference and pursuant to such policies, procedures, and requirements as issued by the Assignee from time to time. IN reference TO THE ABOVE, this Assignment includes that certain provision to follow, provided that if none of the following provisions has been checked by the Seller, this Assignment shall be consldered to have been checked "With Recourse ": A. "Without Recourse'. The assignment of the Contract is and shall be without recourse against the Sailer except as provided above and in any separate dealer agreement between Seller and Assignee relating to the purchase of Contracts. B. - Limited Reeelare4 ".In the event of default of Buyer before Buyer shall have paid the number of monthly payments under the Contract as set forth below under "Limited Recourse ", the Seller will, upon demand, repurchase the Contract from Assignee for the full amount remaining unpaid under the Contract. C. "Repurchase ". If the Assignee repossesses the Manufacturod Home, the Seller will, upon demand, repurchase the Contract from the Assignee for the full amount remaining unpaid under the Contract. D. "VUhh Recourse ". The Seller unconditionally guarantees payment of the full amount remalning unpaid under the Contractand agrees to purchase the Contract from the Assignee, upon demand, for the full amount then unpaid, whenever the Contract shall be In default. E. 'Limited Repurchase". In the event of default of Buyer before Buyer shag have paid the number of monthly payments under the Contract as set forth below under 'Limited Repurchase ", the Seller will, upon demand, repurchase the Contractfrom the Assignee for the full amount remaining unpaid under the Contract If the Assignee repossesses the Manufactured Home. Seller, by signing below, executes this Contract and also assigns the same to the Assignee in accordance with the foregoing provisions. The Sager's Assignment will also include at c tarn provision set forth above which Is Checked below: BONNIE {0 "'C, r ! GG a.r.. l0 �O j� By (Seger) • Title: l ( Limited Recourse { I C. Repurchase f I D. With Recourse { I E. Limited Repurchase Payments Payments I 4u+YangY�mmf.Itro.. at. WoW,h1A Fmm OTiItN RCIAZPA d; s0�e0 olltdNAl OT•1tY7e•1e1 Ie1691 lwp� 4vr Cr i PA Home Only Green Tree Servicing LLC relationships that work 80 0-643-0202 green tree Three Executive Park Drive Suite 14 Bedford, NH 03110 Certified Mail Receipt No. 71067112169023748100 + 0438954 000000027 096002 0061163 DARRELL HUGHES 276 REDWOOD LN NOTICE OF DEFAULT CARLISLE PA 17015 -7818 AND 111111!' II' I! I' IIIIIIIIIII' IIII' IIIII 'll'lIII'I'll'lllllllllllll! RIGHT TO CURE DEFAULT Date of Notice: 03/01/2013 Account No: 733275127 Creditor: Green Tree Servicing LLC Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default within 30 days from the-postmarked date of this Notice. If you correct the default, you may continue with the contract as though you did not default. Your default consists of: 2 payments past due (plus $ 10.00 in late fees) totaling $ 1.785.16• Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $1,785.16, which consists of $1,775.16 for past due payments and $ 10.00 for late fees, or by doing the following: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $71,063.50 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to cure the default at any time before title to the collateral is lawfully transferred. Title transfer may occur no sooner than 45 days from the date you receive this notice. .If you have any questions, write Green Tree at the above address or call the number provided. If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. PA Home Only NOD YMNODPA3 1.0 2/1/2010 4H th if t' i 7106 7112 I690 2374 8100 7106 7112 1690 2374 81170 73 3275127 010 72 Darrell Hughes 276 Redwood Lu Carlisle PA 17015 -7818 733275127 010 Green Tree Servicing LLC FIRST -CLASS MAIL U.S. POSTAGE AND MHD Tempe III FEES PAID 7360 South Kyrene Rd NCP Tempe, AZ 85283 -4583 11 11111111111111111111111 . 7106 7112 1690.2374 8100 RETURN RECEIPT REQUESTED DARRELL HUGHES 276 REDWOOD LN CARLISLE PA 17015 -7818 14� +1Iu�4l�lhilllr +f I�INI� + Inl� +l�lill�l�p� +l +hi141+111 + 0418954 000000027 09GO02 0061163 IT - - I SO ....Vii;; . cep, -._. ,.h.! ,e,.xLE tFO- A`.r,'.tE'' �(C ♦ ,�: �2' r •a:r',.1 -ti - :Fl .«fifr:'' ' "'T'`' n.I °,:''. ,� i du 1e 2ir�.+�: y �e:ti S'i �• ' Ilf lax § � . , n. '!�lr '' ' r ° {y,�l�rh�at'x'fill,l'y.,,�i-. (? Y� 1� •1! "i'J�'`i.:f..1!$,1:f11:.; Le ' t : iY:r rti } .T E3?S1r r1 1 'l;��aXro P '7' 'v�Zr�-, J?�ey; c • a, � , �:3YMl !{i': e'er'' I'r^�'' u,ta�';:: c •.�.: .a.:,, .�,"' _ E �iC r F , k r a.. x„ s k• rc' �{, ,' pry +,.- t ;_, + y, .,. a Y• +re ; « D0:185:0 r I^" ,,,�,r [�:5.Q13 U'1` "t1:R11ir. "�, r_,,:r aerlw�a.r,'W+,-r„y'•'!' .. { �, r� 4r.: rm •":roF 'r C. t,� ' zc r° if it ^5r aY .rar �r : '� t x s. :�:xa_ r eL�r : e;. c r N'•ee • ;h :�. .iC - •ma y:. Y";7. �.. ^,. r � ">r*y t L :.;�'a:= "..'.•,�"^��'�'' :. x:..;- ?• a�„ a; �' a: Fi is „- :: ,, .�,��'i” ",'vt'�iJ."r`ri , -.:r» a y,,.•�' -e, W 'r•^ -� � r { r = q- r.°�I: �:.,... �„�a�°a:r,. „ '�z�n..,:r ,,, a:.;rv: �_ p'Af L,lf '2s`�A „83 5IG i? :' ":Si ivr �q ar m. r' �.?F�+�' e»r - ^r_. a^ f MR ac ve+fq 'L21bENTl�j ,r7uue ".'" �:h"3'°.t. -�+,t .. T h ' '�=I>9,9: r ^e:t?,;.,fCi.-•: �„ .�'ra.:'dr � � '<� "rRi`� 1•>ya?� c, Ei°CI€ av�>;! K�J�; .; Y ) Rw�: : � r •^ +:,; (: "xe:'ww� a•.- A1,. ^... rdli®Ei,,_�),. ,MH ' 1-r � ?.1'7_• �:A•.Y' 1� n`��.a� ~�� Irr� a1::.'� ^ •h , _ 1.'^^ �^'" A � ^: �.n.� 1 �•,bo"ar7rvE . YrGR r'°: ..:r�� vR%R• s>ACe�'ooaAVeo h, d a Y , , 2re {;.1: k, ..:..� i' . '.;:�,7. �C'a.:7�." , fY. - :1:= +y).r�n.� .i. - . 600M:'STAt ,r;�..•� r „_..�k. n „2?r� � o,: ; ..'• aAP PATH ^L.:. C - ' p..T'� f_••'(' 1•+... k ATREp 5 r,.. xJ i m ar .o m ' � °P€'i+a� . ° "`+for N waakr :1 +” o m • �"-T fa �rr,r�� " vt �4 " f4v iUt.r r& a' :�19 � 7 "'d + xi 1 { o { ACivei ci � ftt x fit' r ' MAP v t.MttEt �tj; i 88E LEEC8 . .. �twtie� r.. u:., v....;l yl�•f ',�y "?l f� b-l ;'�`• ' •;t..�;,C t .` 4 ' r ". - 1 ': 1:F'�L; a'.'iw7nteACnrk• UDOMME'' I ' 'CLHOSUR fi' «u'' ova d't iy. ra a�%4' = .�7AIIP�WBrEpFEy @RA r IM If r ti's''' L . r ! v S: iM•'• r ` fir f 1 •r° n:rm 99� •r. �F •E SY� 1, . A. ;a .;! Yd;•;� ���of'cauECrorarinwlasr�'� ': I a,. , {7UO�OR�;�y'�, fir• £• �`�..e �.�: ^e.e rt:our.aagrNR,r••.�,,.,y k=' � � �•' ', � � A�` �'j'i�Nd4'� ,T'r" l ai:owm�uranbcpwa . � ° m i.�:roY;Ax,;�s� n •��•�rr'� m , ' Y 'f 'n�rz'. � ' ' ,i�i '�.6"'�� M1.ACm1 ?��fl� .tj P �h i �•�i 'le k' .. {µ^ ��S i4.L: r { y ' b � � �� . � � � b tL � i r Q• 8 '�° • y ° 'f.' e y e ti ���.� h ,'[?R6�:8R00rr�l;� �.' l p ° ; rr Nr`'r et rtei.,rO;:aivl •' ..t ; w. • I r r '� t' I e't �� ;w ; c ai iv;ly� Y6�o' vci�ae L " t IaE Car+rAtlWRElecu ®'vm FiueRdrw �� R6t •r ��,.:, �', � � n �' 1 '� .7'P a' slrc• ��. i } R.awvxw�•r M ''w, , 4 ' ' >'F . .• l •C,..,, AS 1 .6EabNO K � .',tanrwc A rA�rt•. N v f .f )s. �r. r'+"IS,J(' '. �fl� v IBI:FArOR OF•.Y 'r %� ,�' '�f'Q�>�1. Gtll1SE. E -0 F�rIiNA`N f �; Y:a? Yl � y li.4 �j ��.d i .�w •�r ; , ! } k i , n`�t",�+��L.' n°f'9 -�, u16 ;s w+d �r � ' f( �Y wlY:°37� rQ +qql�5 -J�:. }1.'i!•4�,� ' u,Came.ypm "g161td1y $'ol•Im•llrq:CiM1'�Qo+n'4,{„ FiRSrAUEiY , r /} ;Ao ;aN! m 6+:C6�.;_v;or(ilio . viacli: "'l 1 �y r i . OATEv'tt .rr bbrm inA fae. .r _ :k e •i8YrTi •.. S. {. r.'ia: °.�},� �'{i. .nr3.n• -s.. �e J•V°� — rvf: Td�T .'t*. EPAfi6EHfAlI!/B+ir, SECOMb t1EN NELEAB A,M t :% p •�'`� le �{#'>')+'' UNO AODAESS'' ' / J%:.'' 3 '�tt� *• YI%1 - S "f, ° ' a .' s2 " •b•.,:•S.• I •r' % o .1� :1 • 94`$,'. f..�� bM,�" `�,ALlr v ¢x °; r rR�,P „�a. ^1�t1 ��!� �oA ro,,�, va! ':��' 43'. ,�i � � � , y , rl r'in � U ��� J' c rr t � y � )S r F7 i�9Y.. r . " r,•n.' �' r ��'.': F7 y. ' .} •ws :,'Y':. r ^ ' - •, r.°.,'•'l.,r iw,i'SJ Y.P �f!•.ra0r!'i•t:.,r:: 't. A XORIZEOAEPRE54?AThE '. .•, . sp GOAiSEC0 FINANCE '�'I "� " "��,'" r'� b � r,,,i� ! N!' • a ) ! ,. •• ��+��. )�.� � :s' }" � : c, '� r I t. F .P' K'I'N'Gb:: _ r AR ! f i`p �r f' ° 2 ULlJT4H , GA 30;09%fl° ' 2�„ .. . r t Y ` _ •S{..`:';S. °ti wYg�rn .Y.. i ✓,. 1 bX � MR a �{,, ' G' • � • f. � •' i� �•a �. '' " � dl rR�i � �� ']'rl t % p , ., )X - .A .<r I t7 „ �N. 68 +n• � s” ' v' f .. .. .th'7>, q! jnVVl �'•' ; V .,�i� !. yCJ4.1 1 .s 1 h.�' • '' 1! tt�y��r! u,F?.la.°� l .`s' "i '.%"sIM'i'� Ir , )•..�'' I 1 ni•; << a' t`.''•ry ;/.• „!l�n.:� �' ry i, z� .. .t• I }7 "' �.7. y .y',,.r r r'•.v „is 4�� �I.Y y evr, a, (q•`•: / �:� 'Y .N:.•: •r:f �' ' r , r 4�1•, 'ff�. . f . l ,x °��; I (. •n' I�, rYi, �) a�'•. 'aL: ,� '� •••.''7 *7 : h'i } Y,l,•' A,.`f .1, 1,1;i1• ff.,r 9 7rY� , � Y. .h . r. i fh s h e , yFc. ir ,J: k,; 'ty;: :., e1 �..'• :'a: ..f' r +' amr aue m mvA an'aAkrn F. r? .. .+:rlr �., ,y.:•r: r: a rrirp'ur.pm, r.7hct NA IM fivpW et UN. PFrosVlre� OefNmr+ern ;r. • ° '�? ' ',:• .�. , •r• y { ap: sofnr':Hen. •, v. f vn ? MU mlq. yilairiiei °F�Fm'a'b»;iawmn'oa,yi 1••:, « ,�: • �•.rF�'.• ` !'fir ,RA I x' ' �y . U,.. 1, , ''.s•:.��J;;'•5uk;.t?�;”' «si .:,��y;;'J.,� a �'• ;+�!;:,. � , �'�trl R' - ' � .�.+ r:,i. .•i. ?� 1 . k�''; 1, ira, : S ?7,bt,Tnn+Da"iW1aA��.1�.Tf%I'� d. � ��� 1 � fir. 1 ' 1 . 1 . 1 , a'�•• �E07 6Nt7fYif� :' 1! y' nJts''' Y'„ �••)�'��r"!;:o't�flC��:�Y;',.fl� Clte•tpp�fchseer ath[�r;lheri'1'pUi ePd11B9'I➢ "19t9G'and r r , ^ fir. 1" CI1 :IVttlf; J rinxi: r,! r• 'r• « <;::s;'yn1Y" ^'tr . _° K : - � :. .Y rhe;tllteao� 't'•� ftEe I0� •:fi 4 ��� .•.`,? ° ••;; 1;'.�4'r�9 +�".;, rw" 111 'be�+,;eued�m�TesurvMdB;nwnekJ :CH Ori db �� � . 4 '„ �.( " ' 'r' • 'il.'•' i " !f`��; •. ! :�`:'Y•1� +Y�i'% �aeceeaed S°ent6hComriian''(, efhgvne•oxnBr; _Mteloei ° el ! .. • 6,a" " aP1..: it :!!'�<d'b; . •� S ,owber ga0n'to hdJfHi.riel:n a eeUle). ,.,fr ° •.:; ::, t. i.H4kY•ax{d'' ° r�'' " - :•:;uasfirrA tom; pp• z '`i's°'s;us""`ic.:..t.,�,,r.. � r - r° ''' .•p- qtY %�'::',�„��' r ,:�:ir� C.r_,,.. .." . ",�l�:Y.(° �9�t�'� �� ♦ iP nOU •�� � r' .. - - 'blr�F'J r'!3� ,h �' _:4'W.'to,na. eµa!ecn ! ��r 'f• .. " + `�..r -,' : :BT iia4,olbEp "' a«-v� -•• d.yt.. _�_ _ ` .r'°°°°A'c'°^�Si+HrscL�r.si�.i: r ClT7 `• - � .y{'�' • } w; : :.' ` .,, r.... ��� �. -� ..' .+s.— �. �_'.•.. l de.� - ''rt '. ,;+_7 � 6 . ZIP' •r . :" :, , • < .:.:i: 5 K. • ntvo Qir?• <, :FINANpAL 30 Inr're ro.<i r.wer +:w. r w• .- •arr.. .., . " ' " •�l 7 D UEN DATE;''i.' _]':>;::L.k r1r ":'"('i.:.:: r,;;Ci;� ' Jj Fmrr, wqq C/r r14.Y Y:rYt� a:>era• • °' . /: -� ♦.tf NO UEtI;'tifEpr n [dq _ . 7YNOltBl'1NOxOER : • - :..::,r., • . , , -p . .n '. Fra: • . • 1 "')' " °�f :;,fb1,V: :'::S) "'� "r.:Y °. :.<.:. . 'V, ,, a bi .�'') 7 .e yr °s • h'v�.: r'• P' .., BiREET '• AMNAM4 moan ? " a i rvry �.° eueiro drairliow2in :,r, • a:�, 1v. � c.Y`• " '�: :` !: �.`�. • :i 'r,fi!• y fr rr :;�t°•'r r : C ` •)%,d, J('rif.'.3r;%r'. » c..< " , r p yf . � . 3CR1' f� J rvrltilf. •r�1b.li lr'iL'• .° �rA ^:. "�,1�''o-.•fl•,�.k{�4CP/rlq r ,iaFO .n "edrwxe m a;�; M liiA e ..: t i vin �ricue t�67r7ijndN riuMeE�. '� ` 1� � �� ' #nr, 5 y . ,r�:,1. t',: ..,u:.._..7 �xa_ .t:r.,U;,9 ° r % • "•' 'f•�1'�d.;yq:,i „ f1: I--• N ”( v i l VERIFICATION I, Jenifer Trottier, state that I am a foreclosure specialist for Green Tree Servicing, LLC, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said Green Tree Servicing, LLC, and verify that the statements made in the foregoing document are true and correct. I understand that .false statements herein are made subject to the penalties of 18 PA. C. S. Section 4904 relating to unsworn falsifications to authorities. J Specialist er Dated: � ' �7 ' l3 P1058729.1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY. Ronny R Anderson Sheriff $? I -t . Jody S Smith �tir�ia�rrti rrErx OF THE PRO HON Tii�i`�f . Chief Deputy �. " . - 243 MAY r-8 PM 3: 13 Richard W Stewart - Solicitor OFFICE OF THE SHERIFF CUMBERLAND COUNTY PENNSYLVANIA Conseco Finance Consumer Discount Co., by and through its agent Case Number vs. Darrell M. Hughes 2013-2184 SHERIFF'S RETURN OF SERVICE 04/29/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Darrell M. Hughes, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 276 Redwood Lane, Middlesex Township, Carlisle, PA 17013. Per Maintenance worker no one resides at this address. SHERIFF COST: $40.24 SO ANSWERS, 2 May 07, 2013 RbNW R ANDERSON, SHERIFF rc)CountySuite S`criff,Tclecsofl,Inc.