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HomeMy WebLinkAbout13-6243 Supreme C. " i ; nnsylvania a' Cou .' leas FF6 Protlwnotary Use Only: lcc t No: County I The information collected on this form-is used solely for court administration purposes. This form does not su pplement or replace the filing and service of pleadings or other papers as required bylaw or rules of court. C, ommencement of Action: - Eomplaint ©Writ of Summons ® Petition Q Transfer from Another Jurisdiction ® Declaration of Taking 1 Lead Plaintiff's Name: Lead Defendant's Name: Are money damages requested? E3 No Dollar Amount Requested: '�+ithin arbitration limits ±..' (check one) ❑ outside arbitration limits a Is this a Class Action Suit? ❑ YesNo Is this an MDJAppeal? © Yes 0 Name of Plaintiff/Appellant's Attorney: 1_�ZN tGLI C, UPU S01-i ❑ Check here if you have no attorney (are a Self- Represented [Pro Sej Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. 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Q Medical ❑ Other: Q Other Professional: Updated 1/1/2011 1 11,r D F ICS. d.J, Ti 11 I"t;DTt�tt�ig I' Cl1aMBP LAND COUNTY P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bombardier Capital Inc. by and through its CIVIL DIVISION agent and servicer, Green Tree Servicing, vl LLC, No c� a 3 Plaintiff, TYPE OF PLEADING: Complaint in Replevin VS. Filed on Behalf of Herbert E. Weston and Martha E. Weston, Bombardier Capital Inc. by and through its agent and servicer, Green Tree Servicing, Defendants. LLC Counsel of Record for this Party: Daniel C. Lawson PA. I.D. #38562 Lexington V. Wolff PA. I.D. #7078 MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, P.L.L.C. Firm No. 198 U.S. Steel Tower, Suite 4850 600 Grant Street Pittsburgh, PA 15219 -6194 Telephone No.: (412) 261 -6600 Fax No.: (412) 471 -2754 P1086205.1 pd al= 9g7a19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bombardier Capital Inc. by and through its CIVIL DIVISION agent and servicer, Green Tree Servicing, LLC, No. Plaintiff, VS. Herbert E. Weston and Martha E. Weston, Defendants. 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 717 - 249 -3166 OR 800 - 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bombardier Capital Inc. by and through its CIVIL DIVISION agent and servicer, Green Tree Servicing, LLC, No. Plaintiff, VS. Herbert E. Weston and Martha E. Weston, Defendants. COMPLAINT IN REPLEVIN AND NOW, comes Bombardier Capital Inc. by and through its agent and servicer, Green Tree Servicing, LLC, by and through its attorneys, Daniel C. Lawson, and Meyer, Darragh, Buckler, Bebenek & Eck, PLLC and avers the following in support of its Complaint in Replevin: 1. Herbert E. Weston and Martha E. Weston, hereinafter referred to as `Borrowers,' are individuals whose last known address is 936 Rockledge Drive, Carlisle, PA 17013 2. Bombardier Capital Inc. 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 November 15, 1999, Borrowers entered into a `Security Agreement,' hereinafter referred to as the `Financing Contract,' a true and correct copy of which is marked as Exhibit `A' and is attached hereto and made a part hereof. P1086205.1 4. Plaintiff is the present holder of the Financing Contract. 5. Pursuant to the Financing Contract, Borrowers promised to repay the borrowed amount of 22,532.05 plus interest. 6. Borrowers have defaulted by failing to make payments when due. 7. As of October 3, 2013, the delinquent payment amount due and owing from Borrower to Plaintiff is $1,861.44. 8. As of October 3, 2013, the amount owed by Borrower to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is $17,218.67. The interest on said amount is accruing daily at the rate of $6.02. 9. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the Financing Contract. 10. On June 4, 2013, Borrowers were provided a Notice of Default, a true and correct copy of which is marked as Exhibit `B' is attached hereto and made a part hereof. 11. Pursuant to the Financing Contract, Borrowers financed a 1984 Flamingo manufactured home (serial no. 12214543) with certain furnishings, equipment, appliances, and accessories included at the time of purchase, hereinafter collectively referred to as the `Manufactured Home.' P1086205.1 12. It is believed and therefore averred that the Manufactured Home is located at 316 Walnut 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 17,218.67, plus attorneys fees, costs, expenses, interest from October 3, 2013, and damages for the unjust retention of the Manufactured Home. Respectfully submitted, MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, PLLC J exi olff Attorneys for Plaintiff Meyer, Darragh, Buckler, Bebenek & Eck, PLLC U.S. Steel Tower, Suite 4850 600 Grant Street Pittsburgh, PA 15219 P1086205.1 MANUFACTURED ROME Seller Buyer HERBERT E WESTON RETAIL INSTALLMENT CONTRACT IRT- SYAIE MOBILE HOME HARIHA E WESIOV PENNSYLVANIA 629 LOU MER RD .2ND FLOOR 316 WALIM IAXgIr No. q 4 � LEWISBERRT. PA 17339 CARLISLE. PA 17013 Date "We' and "us" mean the Seller above. "You" and - your - mean each Buyer above. r. 7 its successors and assigns I and guarantor. selrarately and together. ANNUAL FINANCE AMOUNT FINANCED AL OF PAYMEN OTI S ALE PRICE PERCEN Tic GE CHARGE The amount o} credit The owivint you will have The total cost of your RATE The dollar amount the provided to you or paid when you have made wchase on credit. including The cost of your credit credit will cost You. on your behalf. all scheduled payments. your down p ayment as a yearly rate. of s 1.186.00 15.003 % s 48 675.93 $ 22.532.05 S 71,208.00 I t 72,,394.00 Payment Schedule: Your Payment schedule will be Number of PsymertS Amount of Ravmer+Rs When Payments are Due 240 296.70 MONTHLY BEGINNING ON C 'ear ' 1 0 4t ` Security: You are giving a security interest in the goods or property being Durchased. Q You are giving a Security interest in the rear property at N/A ® Late Charge: If o o aymerrt is more than 10 days late. you will be cha r ged 2% of the unpaid amount of the payment. Prepayment: If you Day off this Contract early. You will not have to pay a vanaltv. 40 If you pay off this Contract tarty. you will not be entitled to a refund of part of the Additional r-lrsence Charge. ASSUMPTION: Someone buying your Manufactured Home 9 may subject to conditions be allowed to ED cannot assume this Contract on its origlnal terns. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date. and WermYe"ent refunds and PemItles. - e" means an estimate BUYER RESTRICTIONS: If Buyerdoes not m eet this Contract obligat Buyer ►nay lose the property that Buyer bought in this sate. SECURITY: To secure your payment and cartomiance under the terms of this Contract. you give us a security interest in the JanufactUred Home (as defined above) and. unless prohibited by law. all Dresemt and future accessions to the Manufactured Nome except that accessions will not include "household goods` as defined mn the r-TC Credit practices Rule, 10 C.F.R. 4". if we do not inanpe the purchase of such household goods). If you do not meet your Contract obligations. you may lose your house. and the real sstate described In anv mortgage or deed of trust (if any). This Contract is also secured by a separate mortgage or deed of trust dated ,n . on real estate. as shown In the TRUTH IN LENDING 0 "he term - Property' means all property securing this Contract. ;REDIT INSURANCE: Credit tree_ credit drsability laceident and PROPERTY INSURANCE: You are rcouired to Insure the mea)th or accMent and sickness). and any other insurance Property securing this Contract with the following minimum :overage quoted below. are not required to obtain credit and we oro(�ty if a ca►rliNt vill not provide them unless you stgn and agree to bay the a esser o Ltr principal additional premium. If you want such Insurance w will obtain it balance of your loan w ith us. or the selling or you (if you auafify for coverage) we are quoting below ONLY price of the Manufacttu:Qd Home. he coverage* you have chosen to purchase- �r"k Life• insured N/A You may purchase or provide the insurance through any Insurance Sin El Prgm. S O.00 Term N/A ❑ Si le . company that Is reasonably acceptable to us. If you get the 'edit Disability: insured N/A insurance from or through us you wilt pay t: 0.00 for ❑ Single Cl Joint Prem. s 0.00 Ter, �_.. N/A N/A of coverage. lame of Insurance Corntany_ Liability )nsyrance coverage for bodny injury and /or property 'our 'signature below means you want (only) the insurance demmggee caused to otRe ►s )s NOT included In this Comraot unless overage(s) quoted above. If forte are quoted. you have declined checked and indicated below. ny coverages we offered. N/A N/A :uver d /o /b Buyer /o /b ❑ the following liability insurance is included in this coverage: , over d /oJb Buyer dTo b PAR5S1 969 - EO /Eo'd trE9 -1 1ZS866L118 WlIdD 0100008 - Wst 66- 11 - AON iTEIYIIZATION OF AMOUNT FINANCED Q gum PgOTECTION/SERVICE PLAN With Your c urd wse Manufactured Nome Price 6 23.000.00 of the Manufactured Home. you have elected to amuchase the (including safes tax of S 0.001 following optional buyer protection or saivice elan ( Buyer Pnnection/Servics Plan N/A Paid to N/A - b 0.00 The plan covers NIA 1, Cash Atce . S 23.000. GO N/A end will be in Manufacturer's Rebate s 0 effect N,LA See ft Plan documents for details_ I Cash Down Psyrnenit s 1.186.00 . 2. Subtotals 1 ,186- 0 0 PRONOSE TO PAY AND PAYMENT TERMS: You promise to Trarde4n Allowance s 0.00 Day us the concipal amount of $ 22.532.05 ohs Leas: Arnount Owing a 0.00 interest on the unpaid balance at the rateta) of 15.0007. T N/A 3. Net Trade -J" s 0.0(1 4. Total flown Payment fling 2 plus line 3) S 1,186.00 p yeas until the fir*81 scheduled oavr»errt date. Interest will begin S. Unpaid Balance di Cash %ice Ifees, t simWA $ 21 to accrue on 30 days befogs, 1s t payment due date Fees Paid to Othefg: and will accrue on a 30/360 day bests. After the final Paid to Public Officials - Filing Feae Only t 0.00 scheduled paymem date, ov after you default and we demand Paid to Public Officials - Other than Fllhq Fees s� 0.00 payment, we will earn loterest on the unpaid principal balance at rnsurencePrornlunms a r _ .1 the r O f 15.000 % Per Vogt. You agree to MY this fr INS111WCE COMPAIT'Y' 1 Contract according to vmsrmt schedule and late charge (To: NIA I provisions shown In the TRUTH IN LENDING DISCLOSURES. You also agree to Pay any additional amounts according to the terms (To: N/A I of this Contract. A late charge. is orovided in the TRVTI4 IN Additional Finance Chwpets) Paid To Seiler S 0 .00 LENDING DISCLOSURES. will be imposed only once on a late To_ TAVTII .�OC STAHPS _ s 27.50 payment. A late charge will not be collected on the final T POINTS /ORIG. FEE g 0,00 scheduled Psymerit. but interest wail continue to accrue at the To• APPRAISAL FEE s 300.00 applicable contract rate. 3. subtotal If+ne 5 a►us all Fees Paid to Othersi 11 22.532.05 Q ADDITIONAL F MANCE CHARGE: You agree to clay an 7. Prepaid Finance Charges 1 0.00 additional. nonrefurxlable finance charge of a MA Artwunt Mistwed Cline B minus line 71 0 2 that will be ❑ pair} in welt 0 fi+at►ced Isaa ITEMIZATION OF *We may retain or receive a portion of this amount. AMOUNT FINANCED). D bald Proportionally with each payment. SALE: You agree to vurchaft from us the manufactured home DOWN PAYMENT': You also agree to pay. or apply to the Gash described below. together with time relined services, furnishings. Price. on or betwe today's date. any eeah. rebate and not trade -in applientf8 end aceossorlos listed below (together referred to as value described in the ITEMIZATION OF AMOUNT FINANCED. 'Manufactured Rome'). Your purchase of-the Manufactured Rome is subject to the termrs of this Contract - Contract means this r--rr document and any separate document that sacureo this Contract. El ESCROW: You 0 may, but we not r equired to Q must pay certain svptinsss and fees from an =crow account. It an escrow account is established. it wiQ be governed by a separate tMrarxlfacturer Mod Name & Number Year egreamertt. REDXW 1984 GENERAL TEAMS: You agree to Purchase the Manufactured of umber usmgch w th t'.msbr d S Rome over time. The Total Solo Price shown mn the TRUTH IN X 22145ta3 14 70 LENDING DISCLOSURES assumes that all pevimants will be made Used as scheduti;d. The actual emouht You will Pay may be more or Servicez furnishings, awiarmeea. and aceeemsorles tnclude: less depending or your payment record. [] Tiros and Wheels 13 Amrles Refrigerator The low of Pennsvhrania will govern this transaction. It is also governed by applicable federal law and regulations, Including tlrg { dvemmange preemption of state usury laws. The federal AUrnetive Mortgage Washer b Yer Trarm48ctiong Parity /lit may 9180 apply. ❑ A/C Urftisf We do not krtermd to charge or collect any interest or fee that la D Skirting O Aw csl snore than the epplicable law allows. It we charge or collect any 9 rrlm+g amount over whet the taw allows. we will sAoly the excess first ❑ Accessory Shed to the Principal balance, and we will refund ant excess N you D Services have pall this Contract in full You understand and agree that awns payments to tt+od barties ae a part of thin Contract may involve money retained by us or fl Other pa;d back to us as commissioner or Other remunerstion. if any wovision of this Contract Is not enforceable, this Contract will remain entorceebta without such provlvon. If we Location of Manufactured ,dome after delivery to Buyer- agree with you to any exc u tmo r% to the promises or assurances In this printed Contract, such agreement must be in writing and 316 VALZRIT LANE signed by us. CARLISLE. PA, 17013 PREEPAY YOU MAY PREPAY THIS CONTpACT Description of Trsds4n: IN FULL IN PART AT ANY TIME WITHOUT PENALTY. Any partial prep will not excuse any later Ls /A achellulod payments until you Pay In full. Yarl may obtain from us. or the insurence coo ny named in vour policcy ter certificate or inaureneel, a refund of any uneanmed insurance prwnlurmsi TARS52 • gee ar.t�rs 9rsmsn� tti . 5c. thud. FrM Fo m RSSIM►lUVya! ArZ2/3� J1'fG .KfC�J �� _.�.... (nrA► 2 or 4 221 - b2 /10'd 188-1 11861882toll 11►1105 b3(lldY6fWlJ' ad80'Z1 66- 80 -ACN ADDITIONAL SECURITY: You also assign to. us and After repossession you may have additional (but glue us a sepxlrtty ferest In proceeds and vemium limited) rights under Pa. $tat. Ann- tit. 99 9 623 to refunds of any Insurance and service contracts purchased reinstate this Contract any time up to the date of taomtifer with this Contract. of title to the Manufactured Nome. by paring the installments in default without acceleration, plus an OWNERSHIP AND DUTIES TOWARD PROPERTY: Other obligation which you have `r%ot fuiNW, without By giving us a Security fi terast, real estate mortgage, or acceleratio". plus our costs and fees allowed by the few deed of trust In the Property. you o7se to the following: cited. A. You w1b defend our interests to the Property against claim& made by anyone else. You will do whatever REMEDIES. If you are in default on tits Contract, we is necessary to keep our claim to the Property valid. have all of the remedies provided by law, this Contract. I 9. The security Intelsat you are gHing us in the and erry seoarate peraonsr proosrty security agreement. Property cornea ahead of the lain+ of any other reel estab0 mortgage. or deed of trust. Before using a creditor. You agree to sign any additional, remedy, we will send you any notice and wait for any documents or provide us with any additional cure period that the law may reau;re for that remedy. odd Information we may require to keep the priority of remedies Include the following: our claim to the Property- Yoiu will not do aiWhing A- We may require You to immediately pay us. subject to change our interest In the Property, to any refund Mired by Dew. the entire proritial C. You -i keen the Property In your possession In balance. Pius earned interest and all other agreed g ood condition and repair. You vW11 use the Property charm. for Its intended and lawful purposes, Unless 8. but 7n9 not r8quirtad tp, pev taxer:. fees. otherwise agreed in writing, the Manufactured expanses. assessments. or other liens or make Nome will be located at the 'Location of repairs to the Property If you have not dons co. Any Manufactured }toms after defi%wy to SWar` arltount we pay will be added to the amourit vou provided M this Contract. owe us and will be due irmmed(atety. This amount b. You wIll not try to sag or transfer any tWns in the will barn interest from the date Paid at the rate(s) Property without our Prior written consent- described in the PROMISE TO PAY AND PAYMENT F_ The Manufamped Hoare will remain personal TERMS section. We pr require that y ou eMabllsh property until this Contract is paid in full. Unless aid fund an escrow account it one it not already we give you prior written consent. you will not required. allow the Manufactured Warne to became a Part of C. We may require you to Enka the Pr000rty available reel estate or to otherwise lose Its treatment es to us at a brace we designate that to reasvnlibl personal property under aoplittable law convenient to you and us- F. You will pav Ott taxes, fees. expenses, sod D. We may Immediately take possession+ or the assessments on the Property when due. Property by legal process or calf help. if we do so G. You will notify Us of any Ions of damage to the lawfully. We may than sell the Prtiparty and apply PrmoertY• You will provide us reasonable access to what we receive to our reasonable expenses and the Property for the purpose of inspection then toward vow obligations. as allowed by law. E. Except when prohiblted by row. we may sub you DE FAULT: You will be In default on ,•this Contract if any 4 or oddlttonal amounts if the sale proceeds do riot ore of the following occurs lexceot as prohibited by law): PAY all you owe us. A. You fail to make a payment when it is due. Paragraphs C- and D. (above) apply only to ompnal S. You fail to perform any obligation that you have Property security interests. If this Contract i secured by undertaken in chili C*mw -t (which inctudes doing a n'ortgage or deed of trust. than the foreclosure of such Something you have ag+eed not to dot. interest may impose other duVe* and timitatiorna on our If you defavit you agree to nav our reasonable dolft aid remedies. as Provided by law and the attorneys' fees. beginning wpth the commencement of mortgage or dead of trust. tool action. and up to 450 incurred after the NOTICE OF BY choosing any one or more these remedies. we a do not waive our right to lager uce nottrer re medy. I we DEFAULT and before corrunencemerrt of a legal action do not act on an event of default. we do not give up our (as provided In Pa. Stet. ARP. tit. So li 8231 acrd fees for repossession. repair. storage, end sale of the Property right.ta 1Oter treat that typo Of ovor a default. You agree that if any notice is ree quu ired to be given to securing. this Contract. you of an intended sale or transfer of the Property, notice it an event of default occurs Ott* env ore of You. we is reasonable if malled to vow last known address. as may exerolse our remsellas against any or all of vou reflected In our records. at least 10 days before the dote NOTICE OF DEFAULT: if you are in defeWt we will of the Intended s al e or transfer (at Such other period of time as is required by lewl. Wham real estate is the send you a Notice of Oefault and Notice of Rigin to Cure slicur*ty, other rules may aPOly Default I - Not;t;e'r when required by law. The Notice will You agree that, subject to your right to recover such exofein wiry you are In default and how you can cure it. omperty. wo rriev take possession of ows onal property We will not OCCelOrate the unpaid baler -go of #hit left in or on the Property securing this Contract and taken Contract. recimess at foreclose On any Property u ntil Into Qassessfort as brovided above. after `ye send you the N*Vc;e a nd any cure period it If the U.S. Oeaartment of Ho describes bait passed. We (nav not be required to send Development insures this Contract u de its Vel a a I you a Notit a if (1) you $rare abandoned the Manufactured Property Irnwovemerit and Manufactured Notre Home. (2) You received two Natices to the prior one -voar iaegupations. our right to snake vou pay off this entire Period. or (3) other extreme circumstances exist. f C j � ontract Is subject to the imitations of those reguiations. • 1 R" uw** t I -AW- �. we . r-9 C%u& MN e ons �tr.CtN.tub+d� 4f22M! V L �V PAR$S3 81E - i2 /eo'd F88 -! 898E88Z1'OB JVJJJV7 >134I81►I S -iboud 4 ud80:Zl 88- 83 -AON INSURANCE: You agree to buy insurance on the dote of this Contract and will end on the ofginal due date Prowty with the types end amounts of coverage of this convect. indicated in the PROpfimtTY INSURANCE *act*". or as Subject to acceptance by the insurance corntoany and we o=l+erwise require You must ne n Us as f os s "yea within 30 days. a certificate of insurance will be given to on any such Policy- in the event of foss or damage to the the itisUred. It this Contract is prepaid before it is due. a Property, we may require additional security or refund of insurance c will be rpode when due. assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. If insurance proceeds paid to to do not my off this ASSIGNMENT This Contract is assigned to Assignee Contract. you are responsible for the balance, You will lidentifyl; $0MA1ZD1ER CAPITAL INC keen the insurance in effect until this Contract is paid in Mortgage bi sion full. If the werniurn for property insurance Is McWed In 'this assignment Is made under the terms of a separate the A Financed and the instwence Is canceled or agreemopt made hatween the Seller and Ass i gned. terminated before this Contract is paid in full, than you agree to give us any Premium refund or rebate that you NOTICE: ANY HOLDER OF THiS CONSUMER receive. we will credit the refund or rebate to the amount CREDIT CONTRACT IS SUBJECT TO ALL y ou owe us We mav, at our option allow you to use the CLAIMS AND DEFENSES WHICH THE refund or rebate to !halo any tot reohaeenre►►t insurance DEBTOR COULD ASSERT AGAINST THE that you purchase. SELLER OF GOODS OR S9tVICES OBTAINED if you do not keep theses promises. we may bur PURSUANT HERETO OR WITH THE inmurance to protect our Interest in the ProoertY. The PROCEEDS HEREOF. RECOVERY HEREUNDER insurance we buv may include co verages beyond those BY THE DEBTOR SHALL NOT EXCEED we require you to buy and may be from a company you AMOUNTS PAID BY THE DEBTOR might not choose. The rate we pity may be hi gher than a HEREUNDER. rate you might have to pay if you buy It yourself. We will add the Premnium for this i "rice to the amount you NOTICE TO BUYER t owe its. Arun amount we pay will be due Lnrhredlately. This amount will earn interest from the date paid at the Igo not sign dais Copt act In 1l18i1k. applicable contra ►eteis!- . You are -entitled to an e n act COPY of the contract You signs. OBLIGATIONS INDEPENDENT Each of you who signs Keep It to protect your legal rights. this Contract Is independently responsible to pay It and to keep the other promises made in this Contract. Two is euyeHsh true even if: A. Someone else has aiso signed it, L/ H- We release or do not VY to collect from another X who Is also responsible to pay this Contract. Signature H$R MT E TON gi C. we any security or do not try to take back 1 1 1I 1 Ir any Property. X D. We give up arw other rights we may have. signature ` THA E WESTON �fl to E We extend new uedit or renew this Contract. WARRANTIES: We will provide any warranty X Insormatinn to veu amosramly. Wwature Date WAIVER: To the extent vormhtted by tow, trod agree to ddoa up o nut y0" u � � do eye oertat� r In � x SIgnsturs Date se�on�- .i., the l a" On NO14CE OF DEFAULT ow I ACKNOWLEDGE RECEIPT OF A atiterw1w. we are not Tewl►ed tO. ( 1 ) denwW emit CO Y OF THiS CONTRACT: of an xo to due: I21 gi notice dwt ornourft Eva have cwt been paid. or heirs not bean paid in the approprle% X amount, tirrid. or manner, or, 43) give nadte tint we Intend to make, or are mslzlnqj� 06 Convect immediately SELLERS S1IGNATU - due. r NOTICE OF PROPOSED INSURANCE: if so indicated X � an page i of this Contract. credit life insurance cove �g Name end Title andlor credit accident and health insurwsce coverage will TRI S T ltOSI PIE F YORK apply to this Contract. The insurance company named on g9 r ' page 1 of thus Contract Otsbursetffent Date will write the insurance. date le " 'title 1 H drama purposes may t The insurance covers only the pe►sontsl signing the completed after the i o trect Is signed to reflect the request for tesuran rc The i as for each type g credit actual 4sbufternent date, one not any estlmrtated Insurance to be pu is as indicated on page 1 of di8bursemeilt dote. It may appear only on the odglnal this Contract. The term . of Insurance will beoin as of the for*ml,t •a. *W*#++vt 012200 00" a at o PARS$& 61E -4 $21513'd E26 -1 898188Zv08 1V114r 83a18yg'WA -aoi j 1114160"-Z1 6e- e0-Aoli PA Home Only Green Tree Servicing LLC relationships that work 800 -643 -0202 gre en tree ^ C 700 Highlander Suite 250 G Arlington, TX 76015 + 0431931 000000052 Maaa 0061163 Certified Mail Receipt No. 71067112169025233826 HERBERT WESTON MARTHA WESTON, 316 WALNUT LN NOTICE OF DEFAULT CARLISLE PA 17015 -7821 AND IIh1IIIII1IIIIIs I"' I' III' I III IIIIII 'IIII'I'list III III Jill llJill RIGHT TO CURE DEFAULT Date of Notice: 06/04/2013 Account No. 517221826 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: _Lpayments past due (plus $EUin late fees) totaling $ 629.59. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $629.59, which consists of $620.48 for past due payments and $�1 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 $16,555.85 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges accrued after the date of this notice shall also be due and payable. ° You have the right to cure the default at any time before title to the collateral is lawfully transferred. Title transfer may occur no sooner than 45 days from the date you receive this notice. If you have any questions, write Green Tree at the above address or call the number provided If this default was caused by your failure to make a payment or payments, and.you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. PA Home Only NOD YMNODPA3 1.0 211/2010 �M�i�li k�k 1640 2523 3826 ?106 7112 517221826 081 ye9n �rZ3 3�zb 85 71p6 77��� KeYbecr win M a - WestOA 316 w�ut 11015.1%21 Coslisle pA F1lS' g AG AN -U.S. PAID 14cp 511 8 ,rm e servicing LLC y690 Zr,Z3 30 ,gyp 'Tcov , fie 1360 SO U% 85283 458 �� ` '1emPe � N U14 015:182 i 4 ,I►1�►r" p ia ►l�r �'1 ►1'1,1,►Ilrlt�u ►1' ►111 1 l�l,llirl 1 00611 + 0431931 0000000 52 09�p2 r• ERTIFICATE TITLE FO VEHICLE tit 1 00035'0015004230 =001* �e 12214543 I.. 1984 FLAMINGO 359211011133 CH VEHIM MWWICATNON NUMWA " YEAR I Awm OF VWICi.E nne NUMBER ° _ - MH 3 _ 2/11/fl0 ::= EXEMPT ' 4 • • • BODY me ! DUI+ •• SEAT CAP PRIOR TITLE STATE ODON. PROCO. DATE I ~ �ODOLL. MREB I DOOM. STATUS • .• _ .. ( \\ n DATE PA TI11E0 DATE OF I$SU5 " �UNLAO6N YVEIGN7 Gvwn - . ' QCNR '- TITLE BRANDS' -' V/ ER STATUS •_ �, i . - q e. ACTUAL M AIUAGILEFBE E t .ILLFApE 6%GF.EOS THE+AGCW bC41. • }� 2 . ROT Art ACTUAL MLEAOE *" e . NOT DIE ACTUAL Is'EAOE41DOREMR .k • TANPW" "W"D ( - ODOMETER DISCLOSURE E' DERAL L AW; ` FxE R IwT FROM Oooftey DISCLOSURE ' ; J ti r M. ME SPAWN RC-0ISTERI?O OwNFJf(81 ag, C • r - +•� Q COU.E @Le VE HICLE C HR I S TOP H E R S C H tJ•$� pig's. tr }t�,t,7> crtJPa, t Ri elnaECT eLE vF�:cte «+ ! F D. . OW OF CowTRr JODI • A DICKEY ,a ''��. t� i, `�, a.0 . 31& 1tALNUT L N "' • °�' ` L :lonol oU NIt%E CARLISLE PA-1701,3 P. ISwASAR R a REDONSTRI1C7E0 s . a rREET POD T . RECOVERED TN+EFf VEHICLE I V . V"La CO TAIPS 01E01SUED VII - w . FLOOD VEWCLE ' FWT LIEN FAVOR OF: SECOND UFN FAVOR OF: X .19" A TAXI 1ST EASTERN BANK // U . ..cord ienhoHSr U Ilaed upon ssWfaWon d the Ere% S.a DIF rni • _ /� _ 4 %Ahab* mIw lo.nN thi TAU$ to the Bureau of Moto. 'takdaa wkh ft 1� FMT LIEN RELEASED ( ( MF" loan •ad tBe + BY ' SECOND LIEN RELEASED AUTHO O REPRESENTA DATE •_ NAILING ADORERS • BY 031007 AUTHORIZED REPRESENTATIVE 1ST EASTERN BANK V! 2730 LIBERTY AY€ PIT_TSSURGH PA 15222 d a, oM dim at Ir•^ m•. oindM reeords ON th. I`gmwyharY. O.p.Nwre a , _ FZA 01: �Y : L ��lt U{t 1M pefmO (•N r Wnpmy'N.m� nyM q at• mRid ewrw �•...+ ,. Gr' S _ a ,h...wveRlr,.. sctretdr•rof'rma ortadoa BuBBCRIBED AND SWOHM If a co•pumhUat other Than your spouse Is Rated and you want the tide:to. A r TO BEFORE' A be Bated as 'Jolnt TanaMS Wdh Right of SurvivamhW (On death Of One N ; owner, Into goes to eurvfving owner.) CHECK HERE Cl. Otherwise, ft Otte will be issued as Tenants In Common' (On death of one owner, interest of ` � ,r• • pf,• deceased Owner goes to hialhar heirs o es 1'R I eo OATH ❑ + . ,ST LIEN DATE: 11 -15-99 -10' IF NO LIEN, cHECA ' I,BTLIENRwLDER WMBARDIER CAPITAL ANC _j n. _ COMMI l M E MEY STREET P . 0 . BOX 0 SSION t CC 823982 EXPIRES• i pTM JAX S T A TWU - 52260 -07 "'I; gandBdTMUNObryNQylaUldor,rd�re •. MANCIAL USTMMON R"ER {i , 2ND LIEN OATL. ♦ IF NO DEN, CNECIL El �J r. wxsV"e m1q mY•r mob~ fn GeM.Rr• d t~ a ar ..ear. irra.rd /•� nth.. o4n a e. aanswrz�..I e... �.aa eleM w 4.n M.• : WD LIENROLDER J FIEftBERT E WESTON BY POA: Qt,A.J 4 4i STREET " y to N-TU 1E OF Mn NT OR AUMOPOFD SUNE MARTHA E WESTON BY POA: Qtoi' `TY + STATE zm D aQNAtuRTaFOaArnlc .armnsw A Un.wae O pORER I - N A• I FWµpALINSTRurnom NUMBER P ' • • • . s . + I y i VERIFICATION �r t 4A r ��tate that I am the Legal Coordinator for Green Tree Servicing, LLC, agent and servicer JorBombardier Capital Inc., Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said Bombardier Capital Inc. by and through its agent and servicer, 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 unswom falsifications to authorities. r?e Coordinator Dated: �(� , �� � SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ,�.! ti i ', � Richard W Stewart Solicitor 09 , . S�E�, % Bombardier Capital Inc. by and through its agent and servicer, Green T Case Number vs. 2013-6243 Herbert E Weston (et al.) SHERIFF'S RETURN OF SERVICE 10/24/2013 08:32 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Herbert E Weston at 936 Rockledge Drive, South Middleton, Carlisle, PA 17013. RONALD HOOVER, DEPUTY 10/24/2013 08:33 PM- Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Herbert E. Weston, spouse, who accepted as"Adult Person in Charge"for Martha E Weston at 936 Rockledge Drive, South Middleton, Carlisle, PA 17013. ALD HOOVER, DEPUTY SHERIFF COST: $50.78 SO ANSWERS, October 25, 2013 RONOV R ANDERSON, SHERIFF