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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, flk/a Conseco Bank, Inc.,
CIVIL DIVISION
No. 64-..-- lj/5<6
~
Plaintiff,
Complaint in Civil Action - Replevin
v.
Alice G. Benfield,
Filed on behalf of:
Green Tree Consumer Discount
Company, f/k/a Conseco Bank, Inc.
Defendant.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THA 1:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 9
1692 et seq. (1977), DEFENDANT(S} MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY
(30) DAYS OF RECEIPTOFTHIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S} WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, flk/a Conseco Finance
Consumer Discount Company,
CIVIL DIVISION
Defendant.
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)
)
)
)
)
)
)
)
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)
No.
Plaintiff,
Complaint in Replevin
v.
Alice G. Benfield,
NOTICE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, flk/a Conseco Finance
Consumer Discount Company,
Plaintiff,
v.
Alice G. Benfield,
Defendant.
COMPLAINT
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)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No.
THIS FIRM IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IFYOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT
REAFFIRMED, THIS NOTICE IS NOT AND
SHOULD NOT BE CONSTRUED TO BEAN
ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY.
COUNT I - REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, flk/a Conseco
Finance Consumer Discount Company, by and through its attorney Erin P. Dyer, Esquire
and avers the following in support of its Complaint in Replevin:
1. Green Tree Consumer Discount Company, f/k/a Conseco Finance Consumer
Discount Company, hereinafter referred to as "Plaintiff" or "Green Tree," is a corporation
duly authorized to conduct business in the Commonwealth of Pennsylvania and has its
principal place of business located at Stonewood Commons III, 105 Bradford Road,
Suite 200, Wexford, Pennsylvania 15090.
2. Alice G. Benfield, hereinafter referred to as "Defendant," is an individual
whose last known address is 7073 Carlisle Pike Leiby's Mobile Home Park, Lot 249,
Carlisle, Pennsylvania 17013.
3. On or about August 20, 2001, Defendant purchased a 1991 Zimmer
Manufactured Home, Serial Number NLH1133AB, (the "Mobile Home"), from Conseco
Bank, Inc., (the "Seller"), and entered into a written Manufactured Home Promissory Note,
Security Agreement and Disclosure Statement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A."
4. Seller perfected its security interest in said Mobile Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title
is attached hereto as Exhibit "8."
5. Subsequently, Seller assigned its rights under the Security Agreement to
Conseco Finance Consumer Discount Company, Plaintiff herein.
6. On June 9, 2003, Conseco Finance Consumer Discount Company filed
Articles of Amendment - Change in Corporate Name with the Pennsylvania Department
of State, Corporation Bureau. As of June 13, 2003, the new name of the corporation is
Green Tree Consumer Discount Company.
7. Plaintiff avers that the approximate retail value of said Mobile Home is
$41 ,000.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
8. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of November 20, 2004, the Defendant's payments of
interest and principal were in arrears in the amount of $1,707.10. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of
November 20,2004, is $42,209.82.
9. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess
the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile
Home is attached hereto as Exhibit "C."
10. Defendant failed to cure the default or return the Mobile Home upon Plaintiffs
demand.
11. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
12. The Security Agreement provides that in the event of default, Defendant will
pay:
a. the reasonable attorney's fees of seller or of seller's assignee,
provided that prior to commencement of legal action such fee shall not
exceed $50.00;
b. court costs and disbursements; and
c. costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
13. In order to bring this action Green Tree Consumer Discount Company, flk/a
Conseco Finance Consumer Discount Company was required to retain an attorney and did
so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, flk/a Conseco
Finance Consumer Discount Company requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, Green Tree Consumer
Discount Company, flk/a Conseco Finance Consumer Discount Company alleges the
following:
14. Paragraphs 1 through 13 of this Complaint are incorporated herein by
reference as though fully set forth.
15. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, flk/a Conseco
Finance Consumer Discount Company requests:
a) judgment against Defendant in the amount of $42,209.82 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
~- - -~,=---,
-~
~ ~ ----...."" .
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
L:\Green Tree\Benfield, Alice\CM Replevin.wpd
VERIFICATION
Carmine M. Amelio, Regional Manager and duly authorized representative
of Green Tree Consumer Discount Company, deposes and says subject to the
penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities
that the facts set forth in the foregoing are true and correct to the best of his
knowledge, information and belief.
GREEN TREE CONSUMER DISCOUNT COMPANY
-- I
, ~;r(~~I~
Carmine M. Amelio, Regional Manager
L:\Green Tree\GENERAL\Verification.Amelio. wpd
GT.to-OO-202 UIOll MH.PNSA OHIO. NORTH CAROLINA. PENNSYLVANIA
I MANUFACTURED HOME PROMISSORY NOTE, SECURITY I
AGREEMENT AND DISCLOSURE STATEMENT (CONV. - FHA - VAl (SI) Date
BENFIELD - 5702290
r&)f-SfI6~ '2
~ -;).0 - 0 I d e{241(
MAKER:
MAKER: BENFIELD. ALICE G.. 7073 CARLISLE PARK LOT 249. CARLISLE. PA 17013
CREDITOR: Conseco Bank. Inc. 2825 E. Cotl:onwood Parkway. Suite 230. Sail: Lake City. UT SU2l
ANNUAL
PERCENTAGE RATE
(The cost of my credit as a
yearly rate.)
FEDERAL TRUTH-IN-LENDING ACT DISCLOSURES
FINANCE Amount Total of Payments
CHARGE Financed (Thurnaunt I wiU hm
(The dollar amount the (The amount of cadit provided paid after I have mad. all
credit will cost me.) to me or on my behalf.l payments as scheduled.)
$
13.41% $
My Payment Schedule will be:
Number of Payments
240
76419.40
40619.00
$ 117038.40
Total Sale Price
(The total cost of my purchase
on credit, including
my down pavrn1nt of
$ .00
$ 117038.40
Amount of Payments
487.66
When Payments Are Ou~
Monthly beginning 10 I jO! 01
(estimate) .
SECURITY: I am giving a security interest in: N~ Other Idescribe):N/A
..E.. The manufactured home or modular home being purchased or refinanced.
NtA Real property located at N/A
LATE CHARGE: If a payment is more than
10
days late. I will be charged
10% of ~he scheduled installment amount
PREPAYMENT; If I payoff early, I ~ may ~ will not be charged a prepayment penalty.
. ~ If I payoff early, I will not be entitled to a refund of part of the origination fee.
ASSUMPTION: Someone buying my home _ may subject to underwriting conditions, _ will not be allowed to assume
the remainder of my obligation on the original terms.
See the Contract document below for any additional information about nonpayment, default, any required repayment in full before
the scheduled date, and prepayment refunds and penalties. "e" means an estimate.
.. Creditor and/or ita affiliates _y receive COlllIllissions or other COlllPCsation frOlll businesses to nOlI these charqes are due"
PHYSICAL DAMAGE INSURANCE
Physical Damage Insurance is required but I may obtain It from
anyone I want that is acceptable to you. If I get the insurance
checked below from you or through you. I will pay you
$ 1725.00 for insurance protection for a term of 05 years.
~ Comprehensive ($ .00 deductible)
~ Flood
~ Liability N/A Vendor's Single Interest
N/A Other N/A
ITEMIZATION OF THE AMOUNT FINANCED
1. Amount Given To Me Directly.................. $ 1437.14
2.*Amounts Paid To Others On My Behalf.:
a. Paid to Public Officials ........................ + $
b. Paid to Insurance Companies ................ + $
c. Paid to Appraiser ................................. + $
d. Paid to CREDITOR FOR POINTS + $
e. Paid to ....PPlICATION FEE + $
f. Paid to ORIGINATION fEE + $
g, Paid to W....RRANTY IHSUR....IICE + $
h. Paid to PHe BANK + $
i. Paid to TAX CtAlM BUREAU + $
j. Paid to ADDITION....l . ~EE ....TTACHHENT + $
k. Paid to + $
l. Paid to + $
m.Paid to + $
3. Principal Balance (1 + 2a.-m.) ................. $
4. Prepaid Finance Charges .........................
TOTAL PREPAID FINANCE CHARG:eS
.00
1725.00
.00
2043.95
100.00
160.00
894.00
29753.19
1819.11
4990.56
.00
.00
.00
42922.95
_ $ 2303.95
_ $ .00
_ $ .00
5. Amount Financed (3 - 41......................... $ 40619.00
.. Creditor and/or its affiliates may receive commissions or other
compensation from businesses to whom these charges are due.
B.nkors Syac.ms. Jne.. St. Cloud. M'N F4rm GT.MHPNLAZ.2 112212001 I_I..."
years.
$
$
$
$
OPTIONAL CREDIT LIFE AND DISABILITY
Credit Life and Disability Insurance are not required to obtain
credit and will not be provided unless I sign and agree to pay the
additional cost. -
The term of this insurance is 00
~ Single Credit life Insurance
N/A Joint Credit Life Insurance
Nt A Single Credit Disability Insurance
Total
X
Signature of Maker(s) Insured
--- -. --. 111011 ~e.
Cintb-',
EXHIBIT "A"
.00
.00
.00
.00
Date
Iparl" 1 of 4)
1irntl.IJ
EENFIELD - 5702290
., CONTRACT AND SECURITY AGREEMENT I
1. DEFINITIONS: "I," "me: or "my" means the Maker's). "You. or .your. means the Creditor. "Manufactured Home" means the
manufactured home or modular home and any property that now or later is attached to, is a part of, or any benefits or proceeds that
arise from the manufactured home, and all supporting obligations. "Proceeds. includes anything acquired on the sale, lease, license,
exchange, or other disposition of the Manufactured Home; any rights and claims arising out of the Manufactured Home; and any
collections and distributions on account of the Manufactured Home. "Agreement" or "Contract" means this Promissory Note, Security
Agreement and Disclosure Statement; and a mortgage or deed of trust, if applicable. The "parties' means I, the Maker, and you, the
Creditor, together. .
NEW OR Manufactured Home
USED YEAR AND MAKE I MODEL I SERIAL NUMBER I
U 1991 ZIMMER HOMES CORP. ZIMMER I NLH1l33AB I
~ Stove ~Refrigerator X Washer -2-- Dryer 2- Air Conditioner
Other I
(Describe) NfA
SIZE
27 X 60
~ WheelslAxles
2. LOCATION: The Manufactured Home is located at the following address: 7073 CARLISLE PARK LOT 249. CARLISLE. fA 17013
. The land on which the Manufactured Home is located is owned by: LEIBY'S MHP PHASE 1
3. PROMISE TO PAY: To repay this loan, I promise to pay you U.S. $ 42922.95 (the "Principal Balancew as shown
on page 1) plus interest from the date of the disbut'sement
at the rate(s) of 12.50%
per annum according to the payment schedule set forth on page 1, plus other amounts as agreed and allowed by law. It is not your
intention to charge any amount which is not allowed by law, but should such amount be charged inadvertently, you will refund it to the
Contract balance. The Total Sale Price Is $117038.40 and my down payment is $.00
4. ~ ORIGINATION fEE: I also agree to pay a nonrefundable origination fee of $ 2043.95 , and it will be Nf A paid in
cash. N/A paid pro rata over the loan term. ~ withheld from the proceeds. !If this fee is withheld from the proceeds, the
amount is included in the principal sum.)
5. LATE CHARGE: If a payment is made more than
scheduled installment amount
10
days after it is due, I agree to pay a late charge of 10% of the
6. NSF fEE: If any instrument which I submit to you is returned unpaid for any reason, I will pay you a fee of $ 25 .00
7. SIMPLE INTEREST CONTRACT: This is a simple interest contract. Interest will accrue upon the unpaid principal balance
outstanding from time to time. The Finance Charge. Total of Payments and Payment Schedule were computed based on the
assumption that payment will be made on the dates scheduled for payment. Early payments will reduce my final payment. Late
payments will increase my final payment. My final payment will be equal to all unpaid sums due under this Agreement. My promise
requires me to pay the final payment on the date due even if the amount of the final payment differs from the amount of the final
payment disclosed.
8. SECURITY INTEREST: I give you a security interest under the applicable certificate of title raw or Uniform Commercial Code in the
Manufactured Home and any property added or attached to it, to secure my obligation under this Agreement. Unless otherwise stated
in this Agreement, there are no prior liens on the Manufactured Home. I also grant you a security interest in any interest I may have in
premium refunds or proceeds under any insurance covering the Manufactured Home. I agree to execute any application for certificate of
title or ownership, financing statement, or other document necessary to perfect your security interest in the Man\1factured Home. To
the extent, jf any, that any Agreement lwhether or not accompanied by anyone or more original) constitutes chattel paper (as such
term is defined in the Uniform Commercial Code in effect in the applicable jurisdiction) no security interest in any Agreement may be
created in any document(sl other than the Original.
9. PREPAYMENT: I MAY PREPAY THIS NOTE IN PART OR IN FULL AT ANYTIME. I WILL NOT PAY A
PENALTY UPON PREPAYMENT UNLESS OTHERWISE STATED IN THE NEXT SENTENCE. IF I PREPAY IN
FULL WITHIN 60 MONTHS OF THE DATE OF THIS NOTE. I WILL PAY YOU A PENALTY OF -.
six months interest on the amount in excess of 20% of the oriqinal principal amount
. Partial prepayments wilf
not excuse or reduce any later scheduled payment until this note is paid in full.
10. NO WARRANTIES: I agree that there are no warranties of any type covering the Manufactured Home. If I am purchasing the
Manufactured Home, then it is being purChased AS IS and WITH ALL FAULTS and THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE MANUFAClURED HOME IS 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.
GT-lo-00-Z02 11/01) rtas
tim.1)
B.nk.... Sy.,.",.. Inc., St. Cloud. MN Form GT-MHPNlAZ.2 1/22/2001
Ip~g" 2 <1f 41
OIlIGlNAL
tiMIII~
.
BENFIELD - 57022~O
'11. PROTECTION OF THE MANUFACTURED HOME: I will: la} keep the Manufactured Home 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 on; (c) not move, sell, lease or
otherwise transfer the Manufactured Home; (dl not use the Manufactured Home for a purpose that will violate any laws or subject the
Manufactured Home to forfeiture or seizure; (e) 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 {f} not let
anybody else have any interest in the Manufactured Home.
, 2. PERSONAL PROPERTY: I agree that regardless of how my Manufactured Home is attached to the real property and regardless of
how your security interest in my Manufactured Home is perfected and regardless of whether an affidavit of affixture (or other similar
instrument identifying the property as a fixture) has been recorded, my Manufactured Home is and shall remain personal property and is
not and shall not become a fixture or part of the real property unless you consent in writing and state law permits a contrary
classification. I agree to pay any and all personal property taxes assessed against my Manufactured Home and agree that failure to pay
such taxes shall constitute a default under paragraph 17. .
13. INSURANCE: I will keep the Manufactured Home insured against such risks and in such amounts as you may reasonably require
with an insurance company satisfactory to you. I will arrange for you to be named as loss payee on the policy. I agree to provide you
written evidence of insurance as requested by you from time to time. If you finance the purchase of any such insurance for me, I will
repay you for the cost of that insurance. plus interest up to the contract rate of interest. I authorize you to furnish account data to a
Ilcensed insurance agent of your choice so such agent may solicit the purchase of credit. property, warranty or other insurance from
me. I agree that the insurance company may make any payments due under the policy directly to you, and I direct the insurance
company to do so. You may do whatever you think is necessary to be sure that any proceeds of the insurance will be used to repair the
Manufactured Home or payoff this Agreement. 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. If I fail to obtain, maintain or pay for the required insurance, or if I fail to arrange
for you to be named as loss payee, you may treat that as a default of my obligations under this Agreement, and you may (but are not
required to) purchase such insurance. If you purchase such insurance, I will immediately repay you for any amounts you spend in
purchaSing the insurance, plus interest up to the contract rate of interest or, at your option, pay you over time as a workout of the
obligation. If I owe you for any insurance (or for late charges, attorneys' fees or collection costs), I understand that I owe an additional
sum for these debts beyond my monthly principal and interest payment. My monthty payment will therefore be greater than that stated
on page 1 until such additional debts are paid in full.
14. CHARGES; LIENS: I shall pay all taxes, assessments and other charges, fines, and impositions attributable to the Manufactured
Home which may attain a priority under this Agreement. I shall promptly furnish to you all notices of amounts due under this paragraph
and, if I make payments on any such amounts directly, I shall promptly furnish to you receipts evidencing such payments. I shall
promptly discharge any lien which has priority over this Agreement provided that I shall not be required to discharge any such lien so
long as I shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to you or shall in good faith
contest such lien by, or defend enforcement of such lien in. legal proceedings which operate to prevent the enforcement of the lien or
forfeiture of the Manufactured Home or any part thereof, .
15. INSPECTION: You may make, or cause to be made, reasonable entries upon and inspections of the Manufactured Home, provided
that you shall give me notice prior to any such inspection specifying reasonable cause therefor related to your interest in the
Manufactured Home.
16. FORBEARANCE BY CREDITOR NOT A WAIVER: Any forbearance by you in exercisin9 any right or remedy hereunder, or otherwise
afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance
or the payment of taxes or other liens or charges by you shall not be a waiver of your right to accelerate the maturity of this
indebtedness secured by this contract and declare a default herein.
17 . DEFAULT: I will be in default if: (i) I do not make a payment on time; or (ii) I do not keep any of my other promises under this
Agreement; or (iiil I file a case, or someone else files a case against me, under the United States Bankruptcy Code; or (iv) you feel in
good faith that the Manufactured Home is in danger or that I will not be able to continue my payments. The default described under (iv)
does not apply it this Agreement is guaranteed by the Veteran's Administration. You wi/[ give me notice of the default except when I
voluntarily surrender or abandon the Manufactured Home. I will have the right to cure the default during the notice period. If I do not
cure the default. you may do either or both of the following: (a) Acceleration: You can require me to immediately pay you the entire
remaining balance of this Agreement; and/or (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 owe you, I will pay you the
difference, where allowed by law. If there is any property left in the Manufactured Home when you repossess, you may dispose of it as
provided by law. If I default, you can do whatever is necessary to correct my default. If you spend money to correct my default, I will
pay you back immediately with interest at the contract rate of interest.
'\8. FILING: I authorize you to file a financing statement covering the Manufactured Home. I agree to comply with and facilitate your
requests in connection with obtaining possession of .or control over the Manufactured Home until this security agreement is terminated.
A copy of this security agreement may be used as a financing statement when allowed by law.
19. NOTICE: Except for any notice required under applicable law to be given in another manner, (al any notice to me provided for in
this Agreement shall be given in writing by mailing such notice by certified mail, addressed to me at the Manufactured Home address
or at such other address as I may designate by notice to you in writing, and (bl any notice to you shall be given in writing by certified
mail, return receipt requested, to your address stated herein or to such other address as you may designate by notice to me in writing.
20. TRANSFER OF PROPERTY: If all or any part of the Manufactured Home or interest therein is sold or otherwise transferred by me
without your prior written consent. excluding the creation of a purchase money security interest for household appliances, you may, at
your option, declare all the sums secured by this Agreement to be immediately due ar'ld payable. If you exercise such option to
accelerate, you shall mail to me thirty (30} days prior notice of acceleration in accordance with the notice provision herein. If I fail to
pay such sums prior to the expiration of such period, you may, without further notice or demand on me, invoke any remedies permitted
under law.
(nail. ~initi")
(pafJ~ 3 of 41
21. A TTORNEY'S FEES: If you hire an attorney who is not a salaried employee to collect what I owe under this Agreement or to get
possession of the Manufactured Home or to enforce my agreements herein, I will pay your statutof)/ attorney's fees plus court costs
and out-at-pocket expenses, if allowed by law. This provision does not apply if this Contract was executed in Ohio.
22. NAME AND LOCATION: My name and address indicated on page 1 are mv exact legal name and my principal residence. I will
provide you with at least 30 days notice prior to changing my name or principal residence.
Sonkers SV...ms. Inc.. St. Cloud, MN Form GT.MHPNlAZ-2 1/22/2001
OIVGlNAl
GT-10-00-202 (1/011
LU1~
BENFIELD - 5702290
.23. AS'SUMPTION: If the Creditor's policies in effect at the time permit, an assumption of this Contract by another qualified party may
be considered. All assumptions are at the Creditor's sole discretion and will be subject to the conditions that are in effect at the time
the assumption is requested. All conditions are determined solely by the Creditor and are subiect to change at anytime without notice.
24. MISCELLANEOUS PROVISIONS: This written Agreement is the only agreement that covers my loan. This Agreement can only be
modified or amended or provisions in it waived (given up) by a written modification to this Agreement signed by you. You can decide
not to use or enforce any of your rights under this Agreement without losing them. For example, you can extend the time for making
some payments without extending others. If any part of this Agreement cannot be enforced because of a law which prohibits it, all
other parts can still be enforced. To the extent allowed by law, ( waive the benefit of my homestead and personal property exemption
as to this Contract. My waiver applies only to the property securing the payment of this Contract. Any provision that appoints you as
an agent is not subject to the provisions of 20 Pa.C.S.A. Section 5601 et seq. (Chapter 56; Decedents, Estates and Fiduciaries Code).
By exercising any of your rights under this note, YOu do so for your sole benefit. I agree to cooperate with you regarding any requests
after closing to correct errors made concerning this Agreement or the transaction and to provide any and all additional documentation
deemed necessary by you to complete this transaction. If I purchase credit insurance or other elective product with the proceeds of the
Contract, and such product is later cancelled and a refund owed, you will credit such refund against the principal balance of the
Contract.
25. ARBITRATION: All 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 agreement is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration 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 WAiVe 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 parties agree and understand that all disputes arising under case law, statutory law,
and.aU other laws including, but not limited to. all contract, tort, and property disputes, will be subject to binding arbitration in accord
with this agreement. I agree that I shall not have the right to participate as a representative or a member of any class of claimants
pertaining to any claim 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 aU legal and equitable remedies. including, but not limited to,
money damages. declaratory relief. and injunctive relief. Notwithstanding anything hereunto the contrary, we retain an option to use
judicial or non-judicial relief to enforce a security agreement relating to the collateral secured in a transaction underlying 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 maintenance of an action for judicial relief in a court to foreclose upon any collateral, to obtain a monetary judgment
or to enforce the security agreement, shall not constitute a waiver of the right of any party to compel arbitration regarding any other
dispute or remedy subject to arbitration in this Agreement, including the filing of a counterclaim in a suit brought by you pursuant to
this provision.
26. APPLICABLE LAW: The interest to be charged, contracted for, and received on this loan, including fees and charges constituting
interest under federal statutory or regulatory law, is governed by the laws of the State of Utah and applicable
federal law . All other terms of this (oan are governed by the laws of the State of
Pennsylvania
27. ADDITIONAL TERMS:
This loan is Dot made until the documents have been reviewed and accepted by Creditor.
NOTICE TO MAKER(S}: 1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS
ANY BLANK SPACES. 2. YOU ARE ENTITLED TO A COpy OF THIS AGREEMENT.
MAKER ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THIS AGREEMENT.
CAUTION -IT IS IMPORTANT THAT YOU THOROUGHLY READ THE
ENTIRE AGREEMENT BEFORE YOU SIGN IT.
MakerX ~Ji JjJl~"i..#
Signature ALICE G. B~
8 ~O -0/
Date
I
Maker X
Signature
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EXHIBIT "S"
ROCKDALE RDAL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ill, IL, IN, KY,LA, MA (LH), MD, ME (LH
J?irstLiens), .
MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (110), NM, NY, NC, ND~ OB, OK, OR, PA (110),
RI, SD, TN, TX (110), UT, VT, VA, W A, WI (LH First Liens), WV (LH), WY
NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice: 10-27-04
CERTIFIED MAIL RECEIPT NO.
ALICE BENFIELD
7073 CARLISLE PIKE LOT 249
CARLISLE,PA 17013
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SUITE 200
WEXFORD, PA 15090
1-800-245-1340
Account No: 18375616
CREDITOR: GREEN TREE CONSUMER DIS.CO.
Credit Transaction: MANUFACTURED HOME ACCOUNT
You are now in default on this credit transaction. You have the right to correct this default within 30 days from the
postmarked date of this Notice.
If you correct the default, you may continue with the contract as thought you did not default.
Your default consists of3 payments (plus N/A in fees and charges) totaling $1463.00
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $1463.00
Which consists of $1463.00 for past due payments and N/A for late chare:es or by doine: the followine:: N/A
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 $42209.82 shall be due and payable without any further notice from the creditor. Additional expenses.
interest and chare:es accrued after the date of this notice shall also be due and payable.
If you have questions, write Green Tree Consumer Dis. Co. at the above address or call the number provided.
If this default was caused by your failure to make a payment of payments, and you want to pay by mail, send a cashier's check
or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree Consumer Dis.Co.
EXHIBIT "e"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company, flk/a Conseco Finance
Consumer Discount Company,
CIVIL DIVISION
Plaintiff,
)
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No. 04-6158 Civil
v.
Alice G. Benfield,
Defendant.
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendant.
Respectfully submitted,
~?
Erin P. Dyer, ~.
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre AVl3nue
Pittsburgh, PA 15206
(412) 361-1000
L:\Green Tree\Benfield, Alice\P2D.wpd
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06158 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
BENFIELD ALICE G
RON KERR
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
BENFIELD ALICE G
the
DEFENDANT
, at 2121:00 HOURS, on the 30th day of December, 2004
at 7073 CARLISLE PIKE
LOT 249
CARLISLE, PA 17013
by handing to
ALICE G BENFIELD
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
4.44
.00
10.00
.00
32.44
.~~d~~-fP
R. Thomas Kline
01/03/2005
DYER LAW FIRM
Sworn and Subscribed to before
By:
12~ {L.--
Deputy Sheriff
me this ,2'1 t;!? day of
~U~a~D.
P othonotary I~