HomeMy WebLinkAbout04-6494
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Plaintiff,
No. 0'/ - t..1.f cflj C, u, tr- 'ifl-.""'1
Complaint in Civil Action ~ Replevin
v.
Nestor Sanchez and Rosemary L.
Schall,
Filed on behalf of:
Green Tree Consumer Discount
Company
Defendants.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~
1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY
(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Nestor Sanchez and Rosemary L.
Schall,
Defendants.
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CIVIL DIVISION
No.
Complaint in Replevin
NOTICE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IFYOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
v.
Nestor Sanchez and Rosemary L.
Schall,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
}
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CIVIL DIVISION
No. ()l.I - (."L[qi C.i(J,LT~
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.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, by and through its
attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in
Replevin:
1. Green Tree Consumer Discount Company, hereinafter referred to as
"Plaintiff" or "Green Tree," is a corporation duly authorized to conduct business in the
Commonwealth of Pennsylvania and has its principal place of business located at
Stonewood Commons III, 105 Bradford Road, Suite 200, Wexford, Pennsylvania 15090.
2. Nestor Sanchez and Rosemary L. Schall, hereinafter referred to as
"Defendants," are individuals whose last known address is 10 Heather Drive Box 8,
Carlisle, Pennsylvania 17013.
3. On or about June 13, 1994, Defendants purchased a 1987 Fairmont Kingsley
Manufactured Home, Serial Number 7533, (the "Mobile Home"), from Royal Finance of PA,
(the "Seller"), and entered into a written Manufactured Home Retail Installment Contract
and Security Agreement, (the "Security Agreement") for the payment of a portion of the
purchase price thereof. A true and correct copy of the Security Agreement is attached
hereto as Exhibit "A."
4. Seller assigned its interest in the Security Agreement to Plaintiff, Green Tree.
Green Tree perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$16,000.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
6. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of October 22, 2004, the Defendants' payments of
interest and principal were in arrears in the amount of $776.02. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of
October 22, 2004, is $14,597.70.
7. Plaintiff provided Defendants 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."
8. Defendants failed to cure the default or return the Mobile Home upon
Plaintiff's demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
10. The Security Agreement provides that in the event of default, Defendants 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.
11. In order to bring this action Green Tree Consumer Discount Company was
required to retain an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests:
a) judgment against Defendants 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, alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, requests:
a) judgment against Defendants in the amount of$14,597.70 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.
; _--J
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~ _ ___. .~'.___'H
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
L:\Green Tree\Sanchez - Schall\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
/
L:\Green Tree\GENERAL\Verification.Amelio.wpd
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e
MH-RIC
PENNSYLVANIA
GT-l0-39-OO1 (1/941
I MANUFACTURED HOME RETAIL INSTALLMENT CONTRACT AND I
SECURITY AGREEMENT ICONV. - FHA - VAl
SCHALL, L. BCSDWlY
BUYER: S61fCIIEZ, 1II!STOll., 10 lIEATllEll. DIUVE, CAllLISLE, PI!. 11013
(Print full name) (No. Street)
SELLER: ROYAL pmAJICE OP PA., 4701 DEVORSBIIlE ROAD SUITE
(Dealer's name) (No. Street)
GIlXER TREIl
ASSIGNEE: COllSlI!IEJ. DISCOl/R'l' COIlPAIIY, 300 WEYlfAN PLAZA SUITE 430, PITTSBURGH, PA 15236
(Name of Financial Institution) (No. Streetl (City - State - Zip)
FEDERAL TRUTH-IN-LENDING ACT DISCLOSURES
FINANCE Amount Total of Payments
CHARGE Financed ~_Il'wiIlli1"
!Tht dal'- lmaunt thl !TIle IIlIOUIIl 01 credit pro- pIid altlll hnl mada ..
credit will cnt mo.1 yidad 10 mo 01 on my bWlI.1 paymtlllla .. adladullll.l
ANNUAL
PERCENTAGE RATE
!Tht coot 01 my cr.dit III
YIIIIy 1111.1
12.75% .
My payment schedule will be:
Number of Payments
180
.
22072 .DO
27543.20
(City - State - Zip)
105, IlARRISBIlRG. PA 17109
(City. State. Zipl
.
Total Sale Price
lTht total COlt olll\Y p'ur.
ell.. OIl Clldit. incllllling
my dCNIII 'IJIIlInt 01
$ 3000.00
. 52615.20
49615.20
When Payments Are Due
Monthly beginning
5Jy ~O, 1'1',
Amount of Payments
275.64
SECUIIn: I "'" ;jYilIIJ . nCllRty inlorOll in:
-X...-Tho goalklll prlljNlrty baing pulchald. _Rill plOpllty IOeltad It
RUIGFEES:$ 20.00 .IATECIlARGE: ll.payn.lliomal.thon~dlYllll.,lwilboclllrQadl~or 2.00~ofth.paymllll.whichn.iI LESS
PREPAYllEIT: III PlY off nrIy.1 may bI onlitJod 10 Illfund 01 ,Irt ollh. financI charp.
ASSUIlPTIOI: Som.OIII buying my ~ lIIIIy.lUbjoct 10 ClnditiOI1l, bI aIIoWld 10 _ III. IlfIIaindll 01 lhe Contract OIl the originall.rmo. SN 11Io Conlract dOCUllllllI balow
III.., additillllll iAf~ alIout llOIIJIIYlII.nt, d.flult, Iny IIquirad '1JIrrr-1 in ,.. bolll. the tchedul.d dati, ond Plopaymont r.hlndllIHI ponaltioL
ITEMIZATION OF THE AMOUNT FINANCED
1. Cnh S..Plico flllCludint Tun 01) I 1404.00 ..$ 24804.00
2. GI..TI.in ..................... $ .00
loa Amount lIWId on
Tlad..jA ......m..............
NIl Tlld..o ...................
Oacr1Ilion: Mato
V.. 0000 Sizl 00 X 00
3. Cab DoWl\ P.ymaIIt ...m.m.... $ 3000.00
4. Tolal Down PlJllllnl........................................ . I
5. Unpaid8llanc..,CIlhSIIIPric.(1.41................... I
6. Plidto Pubic: Olficilla ...................................... +$
7. Paid 10 1I1I1II1IIC. Compaaia..m........................... +$
8. Poidt. Appllilor ...... ...................................... .$
9. I. Paid 10 +$
b. Paid 10 +$
c. Paid 10 .1
d. Paidlo +1
.. Paid to +$
I. Paid 10 +1
II- Plid 10 +$
h. Paidlo .1
10. PriRipalIel_lS. 6 + 7 + 1.90.-11.1..............
11. Pr.poid finlllC. Cllargu ............................. .......
Discount Points
.00
.00
3000.00
21804.00
20.00
243.00
.00
.00
.00
.00
.00
.00
.00
.00
.00
22072.00
. I
..
. $
-I
. I
12. Amount FinIIIc.d (10 .111.................................. I
.00
.00
.00
.00
.00
22072.00
PHYSICAL DAMAGE INSURANCE
Ph,.aI DllMgIIIlIUllftCl ilr..d but I mlY olItoin it ftom ..,_ I -.t thaI is
.cclpllbla 10 you. If I gat Ih. insuranc. chlckad ....ow from you III !hroll\1h you,
I will pay YOll I 248.00 101 illllIIIIIC. plot.cIio. 101 I III\ll of ..2.!- YIIII.
~ Comprehensive ($ 250.00 deductible)
~ Flood
~ Liability --!L.AVendor's Single Interest
MIA Other
111 A Other
MIA Other
DPTlDIAL CREDIT LIFE AND DISABILITY INSUROCE
Credit Life and Disability Insurance are not required to obtain
credit and will not be provided unless I sign and agree to pay the
additional cost.
The term of this insurance is
00
years.
MIA Single Credit Life Insurance $
HI A Joint Credit Life Insurance $
HI A Single Credit Disability Insulance $
Total $
.00
.00
.00
.00
x flA
Signature of Buyer(sllnsured
Date
I CONTRACT AND SECURITY AOREEMENT I
1. DEFINITIONS: "I", "me", "my" means the Buyer(sl. "You", "your" means the Seller. "Manufactured Home" means both the
manufactured home and other property described below. 'Contract" means this Retail Installment Contract and Security Agreement.
NEW OR I Manufacturer Home
USED YEAR AND MAKE MODEL SERIAL NUMB~ SIZE
U 1987 PAIlUfORT KIllGSLEY 7533 14 X 10
~ Stove ~ Refligerator ~ Washer -.-!........ Dryer -.-!........ Air Conditioner _ Wheels/Axles
Other ~
{Describe SHED SICIllTDlC
2. PUR HASE: I have the option of buying the Manufactured Home for the cash price or buying on credit. The cash price is shown
above as the "Cash Sale Price", and the credit price is shown above as the "Total Sale Price". I choose to buy the Manufactured Home
on credit.
3. ASSIGNMENT: If there is a financiel institution shown as "Assignee" above, you are going to sell this Contract to that financial
institution. I will make my payments to the financial institution. "You. and "your" also means the financial institution after the Contract
is sold.
NOTICE: SEe PAGES 2 AND
First Copy - OrIgIn"
s.
EXHIBIT "A"
GT.1D-38-001 /1/94) ~, of 3J
..... s-,.a:.m.. Inc., St.. Cloud. MN (1-800-317.23411 F....
i OF THIS CONTRACT
Fourth Copy - Seller
-
.
4. SECURITY INTEREST: I give you a security imerest under the applicable certificate of title law and the applicable Uniform ~
Commercial Code in the Manufactured Home and any prope~ added or attached to it. to secure my obligation under this Contract. I
also assign directly to you 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 Manufactured Home. I authorize you to prepare and file financing. statements signed only by yo,", to
the extent allowed by law. To the extent, if any. that any Comract Iwhether or not accompanied by any' one or more onglOal'
constitutes chattel paper (as such term is defined In the Uniform Commercial Code in effect in the applicable juriSdiction I no security
interest in any Contract may be created in any document Is) other than the original.
5. PAYMENTS: I will pay you the amount shown as the "Total of Payments' according to the payment schedule shown on page'.
6. LATE CHARGE: I agree to pay a late charge for late payment as shown on page'.
7. FHA INSURANCE PREMIUM: If my Conn act is FHA insured, I agree to pay the credit insurance p.remium charged to you by
the FHA. I will pay the premium disclosed as part of my monthly payment amount. If I prepay my Contract 10 full, you may charge mhee
for the FHA premium you have ~id, but have not yet collected from me. If my Manufactureil Home is repossesseil, you may add t
uncollected FHA premium to my Contract balance. ,
B. PREPAYMENT REFUND: I HAVE THE RIGHT TO PREPAV ALL OR PART OF THE UNPAID BALANCE OF THIS
COITRACT WITHOUT ANV PEIALTY. I understand that any prepayment in an amount less than $26.00 will be considered a
prepaymen~ of the "Finance Charge' and applied ~ the next monthly payment due. Any prepayment in an a.mount of $~5.00 or mo~e
will be applied as a pl'epayment of the . Amount FlOanced' at the next scheduled payment date. If I prepay thiS Contract 10 full, you IWIII
give me a refund of part of the Finance Charge. Any prepaid finance charge will not be included to figure this refund. The refund wil be
figured by the actuarial method, except that you will assume I made all paymems on the due dates. I will not get a refund if the
amount is less than 41.00.
9. NO WARRANTIES: I agree that there are no warranties ot any type covering the Manufactured Home. I am buyjng the
Manufactured Home AS IS and WITH AU FAULTS and THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF-THE
MANUFACTURED HOME IS WITH ME. I agree that any implied warranri 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 app'ly to
the extent that any law prohibits it and it does not cover any separate written warranties. A statement as to model year IS for
identification purposes only.
10. PROTECTION OF THE MANUFACTURED HOME: I will: lal keep the Manufactured Home in good condition and not
commit waste; (bl pay all taxes. charges ,lOd lot rent due for the Manufactured Rome and the real estate it is located on' Icl not move
the Manufactured Home from its original location without your written consent; Idl not use the Manufactured Home illegally; lei not sell
or lease the Manufactured Home without your wrinen consent; If, not attach the Manufactured Home to any reaf estate and the
Manufactured Home will always be treated as personal property; and (gl not let anybody else have any interest in the Manufactured
Home.
11 . INSURANCE: I will keep the Manufactured Home insured against such risks and in such amounts as you may reasonably ~uire
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
wrinen evidence of insurance as requested by. you from time to time. I authorize you to furtllsh account data to a licenseil 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 tlie insurance will be used to repair the Manufactured Home or
payoff this Contract. I give you a pgwer of attorney (wh,ch I cannot cancell so that you may do whiJtever you need to in order to
collect the insurance proceeds. If I fail to obtain or maintain 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 Contract, and you may (but are not reqUIred tol purchase such insurance. If you
purchase such insurance, I will immediately repay you for any amounts you spend in purchasing the insurance, plus interest at the
contract rate of interest. If I repay you such amounts spent 10 purchasing the insurance within thirty (30) days. the default for my
failure to provide insurance will be cured.
12. DEFAULT: I will be in default if: Ii) I do not make a paymem on time; or (iill do not keep any of my other p'romises under this
Contract; or mil I file a case. or someone else files a case against me, under the United States Bankruptcy Code; or l!v) you feel in good
faith that the Manufectured Home is in danger or that I will not be able to continue my payments. The default descnbed under livl aoes
not apply if this Contract is guaranteed by the Veteran's Administration. You will give me notice of the default except when I
VOluntarily surrender or abandon the Manufactured Home. I will have the right to cure the default during the notice period. If , do not
cure the default, you may do either or both of the following:
lal Acceleration of Payments: You can reguire me to immediately pay you the entire remaining balance of this Contract less the
refund described in the Prepayment Refund paragraph above.
lbl 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 eXPl!nses, is less than what I owe you, I will pay you the difference. If there is any
property left in the Manufactured Home when you repossess, you may dispose of it as provided by law or if no law applies
you will hold it for 20 days; I must claim it with,n 20 days or you will dIspose of it.
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.
13. CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home is transferred from me, which
will be at least 46 days after receipt of the notice of default. To cure the default, I must pay:
(al all amounts which would have been due in the absence of default and acceleration,
lbl the attorney's fees required under paragraph 14.
c any late charges that are due.
dl reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to the site of sale.
leI perform any other obligations under default.
I must also perform any other obligation I would have had to perform in the absence of default. I have the right to cure a default up to
three 131 times in any calendll( year.
14. ATTORNEY S FEES: If 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, 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 anorney's fees, I will pay only the legal limit.
15. 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 Ib, any notice to you shall be given in writing by certified
mail, retum receipt requested, to your address stated herein or to such other address as you may designate Dy notice to me in writing.
16. MISCELLANEOUS PROVISIONS: This written Contract is the only agreement that covers my purchase of the property.
This Contract can only be modified or amended or rrovisions in it waived (given up) by a written modification to this Contract signed
by you. You can decide not to use or enforce any 0 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 depository institution of a
i1ishonored check or other negotiable instrument to the full extent provided by applicable law. I agree to cooperate with you regarding
any requests aftlit' 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. I agree that you may enforce this agreement by judicial process
and are entitled to attorneys' fees. costs and disbursements incident to such enforcement.
17. ARBITRATION: All disputes, claims or controversies arising from or relating to this Contract or the relationships which result
from this Contractb or the validity of this arbitration clause or the entire Contract, shalt be resolved by binding arbItration by one
arbitrator selected [JY the Assignee with consent of the Buyerlsl. 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 rigllt or opportunit>t to ~tillite disl!utes throUllh a court, but that ttlfY_ prefer to resolve their d.sl!utes
through arbitration except as provided herein. THE PARTIES VOlUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A
JURY TRIAL. The parties agree and understand that all disputes arising under case law, statutory law and all other laws including, but
not limited t01 all contract, tort and property disputes, will be subject to binding arbitration in accord with this Contract. The parties
agree and unoerstand that the arbitrator shall have all powers provided bv the law and the Contract. These powers shall include all legal
and equitable remedies including, but not limited to money damages, declaratory relief and irljunctive relief. Seller retains an option to
use judicial relief to enforce a security agreement relating to the Manufactured Home secured in a transaction underlying this Arbitration
Agreement or to enfQfCe the monetary obligation secured by the Manufactured Home, or both. The institution and maintenance of an
action for jUdicial relief in a court to obtain possession of any security or collateral or to obtain a monetary jud",ment shalf not constitute
a waiver of the right of any party to compel arbitration regarding any dispute or remedy subject to arbitration In this Contract.
B.....,.. Sytlte.".. h1C., St. Cloud, MH (1-800.387-23411 Form GT-MHRCLAZPA 3/1.../14
/peg- 2 of 3J
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.
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SARCBlZ - OO~~17~
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 SHALL
NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
GUARANTY: I guarantee that all amounts owed under this Contract will be paid when due. I will remain obligated even if
any of the Buyers are released or if you waive (give upl or delay enforcement of any of your rights under this Contract. You do
not have to give me notice of any such waiver, delay or release. I also must pay your attorney's fees and other court costs of
enforcing this guarantee, as set forth in paragraph 14 on page 2.
x
(Signature of Guarantor)
(Address)
x
(Signature of Guarantor)
(Address)
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 SIGN. 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.
Date r.:~'I~ ,19~ V
X 151 RESTOR SARCIlEZ
Signature of Buyer
x 151 L. ROSEIWlY SCHALL
SiQnature of Buyer
ASSIGNMENT
Seller hereby sells~ assigns and transfers to Assignee its entire right, title and interest in the Contract and the property described
therein (the "Property I with full author~ to do eve!'Y act and thing necessary to collect and discharge same. To induce Assignee to
purchase the Contract, Seller warrants that: (a) the Contract and Guaranty, if any, are genuine, legally valid and enforceable and arose
from the sale of the Prope!:tV; (bl the Contract is subject to no defense, counterclaim or setoff; (cl copies of the Contract and all other
documents signed by the Buyer were given to the Buyer prior to consummation; (dl Seller has complied with the Truth in Lending Act,
the Equal Credit Opportunity Act, the rair Credit Reportinjl Act and any regulations thereunder, and all other applicable federal. state
and local laws, regulations rules and ordinances; (e) the Buyer is not a minor and has legal capacity to execute this Contract; If I the
Property is free ana clear o~ all liens and encumbrances except the security interest granteil herein arid Seller has the right to assign its
interest in the Contract; Igl the secured interest granted to Seller constitutes a vand first lien on the Property and has been filed or
recorded according to law indicating Assignee as first secured party. (h) the down payment shown on the face hereof has been
received and no part thereof was advanced directly or indirectly by Seller to Buyer; Ii) all statements of fact made in the Contract and
all statements made by or on behalf of the Buyer in the credit applications and any other forms relating to the Contract are true to the
best of Seller's knowledge and belief; iii Buyer has physical damage insurance in the amount of the initebtedness; IkI there have been
no material changes in tl1e Buyer's income~ indebtedness or employment and no other material changes between loan approval and
funding. This is B condition to Assignee funoing the Contract.
Notwithstanding anything hereunto the contrary, if there is a breach of any of the foregoing warranties, as solely determined by
Assignee, without regard to the Seller's knowledge with respect thereto or Assignee's reliance tliereon,. Seller agrees unconditionally to
repurchase the Contract from Assignee, upon demand, for the full amount then unpaid plus costs ana expenses incurred by Assignee
(adjusted for unearned finance charge In accordance with the actuarial method), whether the Contract shall then be, or not be, in
default, and to indemnify, defend and hold Assignee harmless from any loss, damages or claims of any nature bV reason of such breach
of warranty, including attorneys' fees, court costs, disbursements and out-of-pOCket expenses.
Seller further agrees that In the event Buyer asserts against Assignee any claim, defense or counterclaim against payment of any
sum owing under the Contract or in defense of repossession on the assertion, either oral 0( written, that the Property IS defective not
as represented to Buyer by Seller or that Seller refuses to honor any warranty or service agreement of Seller or thil manufacturer. geller
will, upon Assignee's demand. repurchase the Contract from Assignee and pay Assignee the full amount remaining ul)paid (adjusted for
unearned interest in accordance with the actuarial method I plus Assignee's costs and expenses including attorney-s' fees, whether or
not any such claim, defense or counterclaim shall be mentorious and without awaiting adjudication of Buyer s claim. defense or
counterclaim; and Seller also agrees to indemnify, defend and hold Assignee harmless from any such claims, including attorneys' fees,
court costs, disbursements and out-of-P9cket expense.
The liability of Seller shall not be affected Iiy any extension, renewal or other change in the manner, place or terms of payment
thereof, or the release, settlement or compromise of or with any party liable for payment thereof, or the release 0( non-perfect,on of
any securi~ thereunder. Assignee shall not be bound to exhaust its recourse against Buyer or any other person or any security before
being entitled to payment by the Seller hereunder. Seller waives notice of acceptance of this Agreement and notices of nonpayment
and nonperformance of the Contract and any other notices required by law and waives all setoffs and counterclaims.
In addition, this Assignment includes the grovisions of the paragraph below provided that, if none of the paragraphs below has been
checked by thil Seller, tillS Assignment shall e considered to have been checked "With Recourse".
A. "Without Recourse". The assignment of the Contract is and shall be without recourse against the Seller except as provided above
and in any dllaler a~reernent between Seller and Assignee relating to the purchase of Contracts.
B. "Limited Recourse . 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 "Umited Recourse". the Seller will, upon demand, repurchase the Contract from Assignee for the
full amount remaining ul\I!Bid under the Contract.
C. "Repurchase". If the Assignee repossesses the Manufactured Home, the Seller will, upon demand, repurchase the Contract from
the Assignee for the full amount remaining unpaid under the Contract.
D. "With Recourse". The Seller unconditionally guarantees payment of the full amount remaininQ unpaid under the Contract and agrees
to purchase the Contract from the Assignee, upon demand, for the full amount then unpa,d, whenever the Contract shall be in
default.
E. "Umited Repurchase". 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 'Umited Repurchase", the Seller will, upon demand, repurChase the Contract from 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 Assillnee in accordance with the provisions of the
Seller's Assignment set forth above. Said Seller's Assignment will also include the proVIsions of that paragraph set forth above which
is checked below:
ROYAL FIRABCE o~ :e!t.~ ~o ::..r
By:~ {} LJ(~\~
f (' A. J~~ Recourse ( I B. Limited Recourse
_ Payments
p Yl..:.-e.(14--
( I I D. Wi~h Recourse (
Its:
I C. Repurchase
I E. Limited Repurchase
_ Payments
B...... s_ ,..... It. CI..... MN 'HOo-3117.234 11 F.... QT -MHRCLAZPA 311 4IlI4 IlEGIORAL OllICE COPY
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CERTIf::'iG~T'~~:9F Tl'rLE FOR A VEHICLE
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NOV. 19.2004 2:48PM
CONSECO FINANCE
NO.666
P.2
ROCKDALE RDAL, A~ AR, CT, D'E, DC, FL, GA, IA (LH PMM), ID, IL, I~, KY, LA, MA (LH), MD, ME (LH
First Liens), ' .
Mi, MN, Mo (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, ~, NC. I\1J), OH, OK, OR, PA (HO),
ro,. SO, TN, TX (HO), UT, VT, VA, W A, 'WI (LH First LieU$), 'WV CLIO, WY
NOTICE OF DEFAULT
AND
RIGHT TO CUR:E DEFAT.;l:r
Date of Notice; 1l-lO-04
CERTIFIED MAIL RECEIPT KO.
NESTOR SANCHEZ
10 'rotA THER DR BOX 8
CARLISLE,PA 17013
GREE~ TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAn SUITE 2.00 .
WEXFORD, }>A 15090
1-800-245-134Q
Account No: 73316708
CR'EDITOR: GREEN TREE CONSUMER DIS.CO.
. C4edit Transaction; MAi'TDFACTURED BOMB ACCOUNT
. .
. ..
.! . .
. . You ~riowili dafault Qn thi$ credit transl1.Ction. You have the right to correct this d~fault within 30 dll.Ys from the
, posti:narkOO date of this Notice. .
If you cortect:the defaUlt, you may continue with the contract as thought you did not defaUlt.
'ybur::def~uit comistcJ of 4 p~y~euts '(PlUll10.00 in fees and Chgl'ges) tOtaliri(l $1061.'94
Cu~e of ddauit; Within 30 days fromthe'postmarked date of this Notice, you may cure yourdcfault by p~yin~ $10'61.94
Which. cons:iSts of S10SL94..fuI: Dsst duS nayment,und 10&O_foLTate chA.u!;ji!s or by dJdnf!: the f$illpwin~NLA '.
, Creditors rights: If you do not correct your default in tho time allowed. the creditor may exercise its rights againSt you under
'the liiwby r3.1dng legal action to repossess or foroclose on its collllteral.
If yOu filiI to cure the total amount ~f your default within the cure period de~cribed above, then as of 30 days from th~
postmark of this Notice, tha J:natQrity of this contract is automatically accelerated and full paymont of the contt'act'in th~
. :unbunt of U4"i91.~5 shall be dU~Jlnd payAble without...any fu'd,h.c.r notice frJ!Jtl the er.e.clitor. AidW.ortal mleD5es,
ia:tete~d ch~.ns licCr~~d alter the ~_ of thiu)r>lice sh3~sO be d..u.eJU1d Da"~k.
If you have qUestions, wnre' Gteen Tree Consumer Dis. Co. at the above addresfi or call the numb~ 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 ~ne:y order: Do not send cash. Other payment arrangements mlY be made by contacting Green Tree Cons~ Dis.Co.
EXHIBIT "c"
NOV. 19.2004 2:48PM
CONSECO FINANCE
NO.556
P.3
. ,
ROCKDALE RDAL, AZ, AR, CT, DE, DC, FL, GA, IA. (LH PMM), W, IL, I:"<l, KY, LA, MA (LH), MD, ME (LH
First Liens), ,
MI, MN, MO (LH First Liens), MS, MT, ~'E, NY, NH, NJ (EO), ~Tl\f, NY, NC, ND, OH, OK, OR, fA (HO),
RI, SD, TN, TX (EO), UT, VT, VA, W A, WI (LH First Liens), WV (LH), WY
NOTICE OF DEFAULT
Ar\'D
RIGHT TO CUREDEFA"(JLT
Date of Notice: 11-10-04
CERTlFTED MAIL RECElFT NO.
ROSEMARY SCHALL
10 HEATHER DR BOX 8
CARLISLE, PA 170'i3
GREEN TREE CONSUMER DISCOUNT CO.
105 BRADFORD ROAD SUITE 200 .
VVEXFORD, PA 15090
, "
AccouritNo; 73316708
1.800-245-1340
CREDITOR: GREE."1' TREE CONStJ'MER PIS.CO.
'"
I,. '
Credit Transaction: MAi'J1JFACTURED HOME ACCOUNT
.'"
. '"
You are now in default on this credit transaction, You have the right to Cot(e\:t this dofault within 30 days rn;m tho
postmarked dl1te oftMs Notice.
If yOu cOlTecfthc default. you may continue with the contract as thought you did not defalllt.
, \ ;'.
Vnllr defiltllt co~~t8 of4 pi1yn1eDtS (p11isl0.00 in fees and chm-ges) tQhulog $10~1.94
, Core of defaUlt: Within 30 days frqm the po~tmarked date of this Notice, you may cute your defau1~ by paring $iOGl.94 '
, . Which consists of nM1.~4 fQ.i:...Ragt due paY..ments aruu..Q.OO for l~llLchara.e.Lo..r by doin~follo~wi::N/A, .' '
, . Creditors rights: If you do not correct YOU( default in the time al1owed, tho creditor may exercise its rights again'st you under
tho law by taking legal action to repossess or foreclose on its collateral. . ':.:' ,
If you fiw to cure the total amount of your default within the cure pe.riod described above. then as of 30 days from the
postIrlark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in, the'
amount of Sl4,Zli.3.5 sha!lJie.due and Da.vabJe witb.9ut an.Y...further 11.oJ.lc..e frornJ,he.'cr'cditoruAddltio~iPe'n'se~
~rest and <;b)u:ges a~.d after t1J..e date ofLbis..notlc~WJJ also p.e due amuuWiible.
If you have questions, write Green Tree ConsUl!lCl' Ois. Co. at the above address or call the number providod.
If this default was caused by your failure to make 11 payment of payments, and you want to pay by mail, send a ca.shier's check
or money order. Do not send cash.. Other paymant an'l1Ilgcments illay be made by contacting Green Tree CODsumer Dis.Co.
70 r:J '6g. f? ~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
Plaintiff,
)
)
)
)
)
)
)
)
)
)
)
No. 04-6494 Civil Term
CIVIL DIVISION
v.
Nestor Sanchez and Rosemary L.
Schall,
Defendants.
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff Green Tree Consumer
Discount Company and against Defendants Nestor Sanchez and Rosemary L. Schall for
their failure to plead to the Complaint in this action within the required time. The Complaint
contains a Notice to Defend within twenty days from the date of service thereof.
Defendants were served with the Complaint on January 3.2005 and their answer was due
to be filed on January 24, 2005.
Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File
Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the
Defendants at their last known address and to their attorney of record, if any, on
January 25, 2005, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1987 Fairmont Kingsley Manufactured
Home, Serial Number 7533, that being the relief demanded in the Complaint.
~
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
Attachments:
Ten Day Notice -- Exhibit "A"
Affidavit of Non-Military Service & Last Known Address
""\
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
No. 04-6494 Civil Term
Plaintiff.
v.
Nestor Sanchez and Rosemary L.
Schall,
Certificate of Mailing
Nestor Sanchez
10 Heather Drive
Box 8
Carlisle, PA 17013
Certificate of Mailing
Rosemary L. Schall
10 Heather Drive
Box 8
Carlisle, PA 17013
Date of Notice:
January 25, 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
.:::>
L\Green Tree\Sanchez. SchaU\TDN.WI
EXHIBIT "An
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Green Tree Consumer Discount
Company,
CIVIL DIVISION
Defendants.
)
)
)
)
)
)
)
)
)
)
)
No. 04-6494 Civil Term
Plaintiff,
v.
Nestor Sanchez and Rosemary L
Schall,
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this Affidavit on behalf of the within Plaintiff, being so authorized
avers that Defendants' place of residence is 10 Heather Drive, Box 8,
Carlisle, PA 17013, and that they are not in the military service of the United States
or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil
Relief Act of Congress of 1904 and its amendments, 50 U.S.C. S 501, et seq. This
statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
/~
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Green Tree Consumer Discount
Company.
CIVIL DIVISION
Defendants.
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No. 04-6494 Civil Term
Plaintiff,
v.
Nestor Sanchez and Rosemary L.
Schall,
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary, kindly issue Writ of Possession in the above matter and direct
the Sheriff of Cumberland County to:
1. Deliver possession of the following described property to Green Tree
Consumer Discount Company:
1987 Fairmont Kingsley Manufactured Home, Serial Number 7533.
2. Inform Nestor Sanchez and Rosemary L. Schall that they have ten (10)
days to remove personal items.
3. After ten (10) days a motor truck will transport the 1987 Fairmont
Kingsley Manufactured Home to a predetermined area or the Plaintiff will secure the
.
Mobile Home with a new lock for later transport.
4. Levy upon any property of Nestor Sanchez and Rosemary L. Schall
remaining after the above-mentioned time period and sell their interest therein.
~
Erin P. Dyer. Esquire
PA 10 Number: 52748
Attorney for Green Tree
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
GREEN TREE CONSUMER DISCOUNT CCW'ANY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-6494 CIVIL Term
No. Term
vs. Costs
NESTOR SANCHEZ AND ROSEMARY L. An'y. $ 127.20
SCHALL Pl'ff (s) $
10 HEATHER DRIVE, OOX 8
CA.RLISLE. PA 17013 Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
County, Pennsylvania
CUMBERLAND
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GREEN TIlEE CONc:JlMF.R j)Tsmlll\IT IT'MPI\NY
Plaintiff (s)
being: (Premises as follows):
1987 FAIRMONT KINGSLEY MANUFACTURED HCl'lE
SERIAL NUMBER 7533
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
RTIS R. WNG
Proth notary. Common Pleas Court of Cumberland County. Pennsylvania
Date
FEBRUARY 16. 2005
~y: 0rv,,, P.7fa/U"l,,-r:-
. Deputy
(SEAL)
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By virtue of this writ, on the day of
I caused the within named , to
have possession of the premises described with the appurtenances. and
Sworn and subscribed to before me this
day of
So Answers,
Sheriff
Prothonotary
By
Deputy
.
'--"
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
SANCHEZ NESTOR ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
SANCHEZ NESTOR
the
DEFENDANT
, at 0930:00 HOURS, on the 3rd day of January ,2005
at 10 HEATHER DRIVE
CARLISLE, PA 17013
by handing to
NESTOR SANCHEZ
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.70
.00
10.00
.00
31.70
r~?~'.r.<~
R. Thomas Kline
01/05/2005
DYER LAW FIRM
Sworn and Subscribed to before
By:
f}~/
puty Sheriff
me this 2,(~
day of
" -jf1AU~". .J/1/):/ A. D.
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vp othonotary ,~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-06494 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
SANCHEZ NESTOR ET AL
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
SCHALL ROSEMARY L
the
DEFENDANT
, at 0930:00 HOURS, on the 3rd day of January ,2005
at 10 HEATHER DRIVE
CARLISLE, PA 17013
by handing to
NESTOR SANCHEZ, BOYFRIEND
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
01/05/2005
DYER LAW FIRM
Sworn and Subscribed to before
By:
-tf ~.')
e uty Sh'e-:rlff
me this ;;.. 'I IE' day of
l~A..u,<, d-ovS/ A.D.
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I P othonotary I' I
WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 316 etc.)
GREEN TREE CONSUMER DISCOUNT CCMPANY
IN THE COURT OF COMMO PLEAS OF
CUMBERLAND COUNTY, PE NSYLVANIA
No. 04-6494 CIVIL
Te m
No.
Te m
vs.
Costs
NESTOR SANCHEZ AND ROSEMARY L.
SCHALL
10 HEATHER DRIVE, BOX 8
CARLISLE, PA 17013
Au'y.
PI'ff (s)
Prothy.
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
CUMBERLAND
County, Pennsylvania
$ 127.20
$
1.00
(I) To satisfy the judgment for possession in the above matter you are directed to deliver poss ssion of the
following described property to:
being: (Premises as follows):
1987 FAIRMJNI' KINGSLEY MANUFACTURED HeME
SERIAL NUMBER 7533
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(P~
laintiff (s)
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(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the efen-
dant (s) and sell hislher (or their) interest therein.
CURTIS R. LONG
Froth notary. Common Pleas Court of Cumberland County. Pen sylvania
Date
FEBRUARY 16, 2005
By:
(SEAL)
Deputv
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By virtue of this writ. on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
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Writ of Possession returned Stayed this date, per attv Over.
Sherif f I s
Docketing
Poundage
Pro thy
Milage
Surcharge
Advance Costs: 150.00
Shcriff'o Cooto:53.76
96 .24
Return
18.00
1. Ob
1.00
3.70
30.00
~etunded La Atty on 3/710)
53.76
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Sworn and subscribed to be ore me this 'f>fJ'ru JO .:!:JI.:LJO ~ ,.(: ~"
day of ,0(<0 f) S
1f~ ~<t61~-~
Prothonotary
QJ Sheriff /
By CJ1JL:V ~O . ~ 0 II irl k< /