HomeMy WebLinkAbout14-2554 i
Supreme Court of Pennsylvania
CourtUof Common Pleas
/V • p, tn\\ For Use O n ly:
Givil;Coyer; Sheet y y' fi
ICI ..f ► Y I� ��` S
C U M B E FLAN D� Docket No:
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The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint El Writ of Summons ❑ Petition ❑ Notice of Appeal
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiffs Name: Lead Defendant's Name:
T The Bank of New York Mellon et al Jillian R. Reed et al
I ❑ Check here if you area Self - Represented (Pro Se) Litigant
0 Name of Plaintiff /Appellant's Attorney: Erin P. Dyer
N Dollar Amount Requested: 171 within arbitration limits
Are money damages requested?: ❑Yes Z No
(Check one) ❑ outside arbitration limits
A
Is this a Class Action Suit? ❑ Yes ❑x No
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Zoning Board
S ❑ Product Liability (does not include ❑ Statutory Appeal: Other
E mass tort) ❑Employment Dispute:
Slander/Libel/ Defamation Discrimination
El
❑
C ❑ Other: Employment Dispute: Other
, Judicial Appeals
❑ MDJ - Landlord /Tenant
I ❑ Other: ❑ MDJ - Money Judgment
0 MASS TORT ❑ Other:
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
El Toxic Waste ❑ Ejectment
E] Other: El Common Law /Statutory Arbitration
B El Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure Restraining Order
PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto
❑ Dental ❑ Quiet Title ❑X Replevin
❑ Legal
❑ Medical ❑ Other: ❑ Other:
❑ Other Professional:
Pa R.C.P. 205.5 212010
IN THE COURT OF COMMON - PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Trust CIVIL DIVISION
Company, N.A., as Trustee for BankAmerica
Manufactured Housing Contract Trust III, No. _
Senior /Subordinate Pass - Through
Certificates, Series 1997 -2, by and through its
servicing agent Green Tree Servicing, LLC, rj N
Plaintiff, MW �--
COMPLAINT IN REPLE = - E
N� � M
V. - c> to cD
Jillian R. Reed, Ricky A. Snyder, Shawn za
Snyder, and Alisha Snyder, X C= M <,
Defendants.
Filed on behalf of Plaintiff:
The Bank of New York Mellon Trust
Company, N.A., as Trustee for
BankAmerica Manufactured Housing
Contract Trust III, Senior /Subordinate
Pass - Through Certificates, Series 1997-
2, by and through its servicing agent
Green Tree Servicing, LLC
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
Dyer Law Firm, P.C.
5743 Centre Avenue
Pittsburgh, PA 15206
412- 361 -1000 (p)
412- 361 -6800 (f)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Trust ) Civil Division
Company, N.A., as Trustee for )
BankAmerica Manufactured Housing ) No.
Contract Trust III, Senior /Subordinate )
Pass - Through Certificates, Series 1997 -2, )
by and through its servicing agent )
Green Tree Servicing, LLC, ) COMPLAINT IN REPLEVIN
Plaintiff, )
V.
Jillian R. Reed, Ricky A. Snyder, Shawn
Snyder, and Alisha Snyder,
Defendants.
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 RECEIVEDA DISCHARGE IN BANKRUPTCYAND 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, 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 OFFICE
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249 -3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
The Bank of New York Mellon Trust ) Civil Division
Company, N.A., as Trustee for )
BankAmerica Manufactured Housing ) No.
Contract Trust III, Senior /Subordinate )
Pass - Through Certificates, Series 1997 -2, ) THIS FIRM IS A DEBT COLLECTOR
and through its servicing agent ATTEMPTING TO COLLECT A DEBT AND ANY
by g g g ) INFORMATION OBTAINED WILL BE USED FOR
Green Tree Servicing, LLC, ) THAT PURPOSE. IF YOU HAVE PREVIOUSLY
Plaintiff, ) RECEIVED A DISCHARGE IN BANKRUPTCY
AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE
V. CONSTRUED TO BEAN ATTEMPT TO COLLECT
A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
Jillian R. Reed, Ricky A. Snyder, Shawn AGAINST PROPERTY.
Snyder, and Alisha Snyder,
Defendants.
COMPLAINT IN REPLEVIN
COUNT I - REPLEVIN
AND NOW, comes The Bank of New York Mellon Trust Company, N.A., as Trustee
for BankAmerica Manufactured Housing Contract Trust III, Senior /Subordinate
Pass - Through Certificates, Series 1997 -2, by and through its servicing agent Green Tree
Servicing, LLC, Plaintiff, by and through its attorneys, Dyer Law Firm, P.C., and
Erin P. Dyer, and files its Complaint in Replevin and avers the following in support thereof:
1. The Bank of New York Mellon Trust Company, N.A., as Trustee for
BankAmerica Manufactured Housing Contract Trust III, Senior /Subordinate Pass - Through
Certificates, Series 1997 -2 ( "BNY Mellon "), is a National Association with a principal place
of business at 101 Barclay Street, 4W, New York, NY 10286.
2. BNY Mellon files this action through its servicing agent, Green Tree Servicing
LLC, a limited liability company duly authorized to conduct business in the Commonwealth
of Pennsylvania with a principal place of business at 1400 Turbine Drive, Rapid City, South
Dakota 57703.
3. Jillian R. Reed ( "Borrower ") is an adult individual residing in Cumberland
County, Pennsylvania, whose last known address is 54 Walnut Dale Road,
Shippensburg, PA 17257.
4. Ricky A. Snyder ( "Co- borrower ") is an adult individual residing in
Cumberland County, Pennsylvania, whose last known address is 54 Walnut Dale Road,
Shippensburg, PA 17257.
5. Shawn Snyder and Alisha Snyder ( "Occupants ") are individuals residing in
Cumberland County, Pennsylvania, whose last known address is 46 Walnut Dale Road,
Shippensburg, PA 17257.
6. Borrower, Co- borrower, and Occupants are collectively referred to herein as
"Defendants," where appropriate.
7. Borrower and Co- borrower own certain personal property located in
Cumberland County in which Plaintiff holds a perfected security interest. Upon information
and belief, the Occupants reside at the property.
8. On or about July 7, 1997, Borrower and Co- Borrower bought a 1997 Redman
Homes New Moon 5710 manufactured home, Vehicle Identification Number 12230910,
(the "manufactured home ") from Country Side Village Homes, Inc. ( "Seller ") and entered
into a written Security Agreement ( "Security Agreement ") for the payment of a portion of
the purchase price thereof. A copy of the Security Agreement is attached hereto and
incorporated herein as Exhibit "A."
9. Sellerassigned its interest in the Security Agreement to BankAmerica F.S.B.
Bank America F.S.B. recorded its first lien on the Certificate of Title for the home. A copy of
the Certificate of Title is attached hereto and incorporated herein as Exhibit "B."
10. Bank America F.S.B. later assigned its servicing rights and responsibilities
under the Security Agreement to Plaintiff herein.
11. Borrower and Co- borrower defaulted under the terms of the Security
Agreement by failing to make payments when due.
12. On or about November 1, 2013, Plaintiff provided Borrower and Co- Borrower
with thirty (30) days notice of intent to repossess the manufactured home. A copy of the
notice of intent to repossess the manufactured home is attached hereto and incorporated
herein as Exhibit "C."
13. Borrower and Co- borrower failed to cure the default or return the
Manufactured Home upon Plaintiffs demand.
14.. As of April 24, 2014, Borrower and Co- borrower's payments of principal and
interest were in arrears in the amount of $1,977.52. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of April 23, 2014, is $14,301.91.
15. The approximate retail value of the manufactured home is $16,000.00.
16. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of the manufactured home.
17. The Security Agreement provides that in the event of default, purchaser 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
manufactured home. including the costs of storing, reconditioning and
reselling the manufactured home.
18. 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 FORADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN
THIS SUIT.
WHEREFORE, Plaintiff, The Bank of New York Mellon Trust Company, N.A., as
Trustee for BankAmerica Manufactured Housing Contract Trust III, Senior /Subordinate
Pass - Through Certificates, Series 1997 -2, by and through its servicing agent Green Tree
Servicing, LLC, requests:
a) judgment against Defendants, Jillian R. Reed, Ricky A. Snyder, Shawn Snyder,
and Alisha Snyder, to recover possession of the manufactured home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the
manufactured home, shipping fees, any cost for insurance placed on the
manufactured 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 manufactured home; and
b) In the event Plaintiff repossesses the manufactured home and resells or
otherwise disposes of the manufactured home, a deficiency judgment against Borrower
and Co- Borrower 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
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 manufactured home, less
expenses.
COUNT 11 - DAMAGES
By way of separate and alternative pleading, Plaintiff, The Bank of New York Mellon
Trust Company, N.A., as Trustee for BankAmerica Manufactured Housing Contract Trust
III, Senior /Subordinate Pass - Through Certificates, Series 1997 -2, by and through its
servicing agent Green Tree Servicing, LLC, alleges the following:
19. Paragraphs 1 through 18 of this Complaint are incorporated herein by
reference as though fully set forth.
20. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, The Bank of New York Mellon Trust Company, N.A., as
Trustee for BankAmerica Manufactured Housing Contract Trust III, Senior /Subordinate
Pass - Through Certificates, Series 1997 -2, by and through its servicing agent Green Tree
Servicing, LLC, requests:
a) judgment against Borrower and Co- Borrower in the amount of $14,301.91 with
interest and late charges plus detention damages, special damages consisting of interalia,
detaching and transporting the manufactured home, shipping fees, any cost for insurance
placed on the manufactured 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 manufactured home; and
b) In the event Plaintiff repossesses the manufactured home and resells or
otherwise disposes of the manufactured home, a deficiency judgment against Borrower
and Co- Borrower 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
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 manufactured home, less
expenses.
Respectfully submitted,
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
Dyer Law Firm, P.C.
5743 Centre Avenue
Pittsburgh, PA 15206
412 - 361- 1000(p)
412- 361- 6800(f)
VERIFICATION
Erin P. Dyer, Esquire, on behalf of The Bank of New York Mellon Trust Company,
N.A., as Trustee for BankAmerica Manufactured Housing Contract Trust III,
Senior /Subordinate Pass - Through Certificates, Series 1997 -2, by and through its servicing
agent Green Tree Servicing, LLC, as its attorney 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 information and belief. He
signs the Affidavit on behalf of the Plaintiff because the Plaintiff is outside this jurisdiction
and, therefore, the Plaintiff's Verification cannot be timely obtained. Upon request, the
Plaintiff will provide its Verification.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
Dyer Law Firm, P.C.
5743 Centre Avenue
Pittsburgh, PA 15206
412- 361- 1000(p)
412- 361- 6800(f)
LAGreen Tree \Snyder- Reed \Complaint.wpd
1
EXHIBIT A
SECURITY AGREEMENT
PENNSYLVANIA
MH FIXED RATE CONTRACT
RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT _,_; LOAN PLAN: F01
WAIVER OF TRIAL BY JURY AND AGREEMENT TO ; -off',: OFFICE NUMBER: 79061
ARBITRATION OR REFERENCE OR TRIAL BY•JUDGE ALONE OFFICE
LOAN SOURCE NO.: 7 5 0 2 3 0
(Contract) USE y` ACCT. NO
ONLY �=
BUYER(S): NAME: JILLIAN R. REED _ _ FUNDING CO
NAME: RICKY A. SNYDER II��IIIIII�IIII811�IIIIIIUIIIIIf ll� l�l�f�l�f611111�1-
NAME: r0XIT —
BUYER'S NAME: COUNTY: CUMBERLAND
ADDRESS: 313 5 ORRSTOWN ROAD CITY: SHIPPENSBURG STATE: PA zip: 17 257
PHONE: 717 532-9257 s. sEC. #(S):
PROPOSED LOCATION OF MANUFACTURED HOME: 5 4 WALNUT DALE ROAD SHIPPENSBURG, PA 17257
"I," "me," "myself" or "my" mean all persons who sign this Contract as buyer or co- buyer, jointly and severally, and "you" or
"your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, if
approved, it will be assigned to that Creditor. On the date of this Contract, I buy from you on a credit sale basis the manufactured
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactured
home at the time of purchase (called "Manufactured Home ").
CREDITOR:BANKAMERICA HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this
Contract (Item 5) with interest at the rate of:
12.50 %per
year until the debt is fully paid. I will pay this amount in installments as shown in the payment schedule until the Unpaid Balance
is fully paid. If, on 7 / 07 /17 , I still owe any amount under this Contract, I will pay such amount in full on that date, which
is called the "Maturity Date." Each monthly payment will be applied as of its scheduled due date. If no interest rate is disclosed
above, the interest rate is the Annual Percentage Rate shown below,
ANNUAL FINANCE CHARGE Amount Financed Total of Payments Total Sale Price'
PERCENTAGE The total cost of my
RATE The amount of credit The amount I will have purchase on credit
The cost of my credit as The dollar amount the provided to me or on paid after I have made all including my down
my behalf: payments as scheduled: payment of
a yearly rate: credit will cost me: $ 1,566.65
12.50 % $ 51,399.25 $ 29,766.35 $ 81,165 60 $ 82,732.2
- .:See' #7. a e -2 Fin Gha a +_= Amoui►t':Fin. .:Total Pa . ±�Dowri <Pa ert
See Contract terms for additional Information " ""
Number of AmotJnt of when Pa irlertts Are Due r_.
about nonpayment, default, required
repayment in full before the scheduled Z- 2 4 0 3 3 8.19 AUGUST 07 97
date, and prepayment refunds and My $ Monthly, beginning 8
+.
$ - Monthly, beginning ' 19 —...—
penalties. payment
Prepayment: If I pay off early, I will not schedule : $ 0 0 Monthly, beginning 19
have to pay a penalty, but I will not be wtll .._ $ .00 Monthly, beginning . 19
entitled to a refund of the Prepaid = ,;
-
Finance Charge, K any.
Security: I give you a security interest in the goods or property being purchased.
Late Charge: If a payment is more than 15 days late, I will be charged 2 % of the unpaid amount of such payment, not to exceed
$ 5.00
Assumption: Someone buying my Manufactured Home may not assume the remainder of the Contract on the original terms without your prior written
consent.
Estimates: All numerical disclosures except the late payment disclosures are estimates.
PAGE I OF 6
PAS50662-0497
ORIGINAL- COPY
Description of TRADE NAME: REDMAN HOMES
Manufactured MODEL: MOON 5710
Home:
YEAR: 97 NEW: X USED: LENGTH: 7 2 it WIDTH: 14 IL
SERIAL
NUMBERS: 182309 10
S£REAL NUMBER _ ..
SERIAL
ADDITIONAL AIR CONDITNG SKIRTING
ACCESSORIES
AND FURNISHINGS:
'' w. ITEMIZATION£:OF AMOUNT FINANCED _
- - _.,':INSURANCE
1. Cash Price (Including Sales
x of $ . 0 0 31,000.00 PROPERTY INSURANCE: Property Insurance on the
Tax ): $ Manufactured Home is required for the term of this
2. a. Cash Down Payment $ 1, 566.65 Contract. I have the right to choose the person through
b. Trade -In (Year, Make, Model): whom it is obtained. By marking the appropriate line
Length Wide below, I elect to buy the coverage indicated from you
Gross value $ 0 0 Liens $ 0 0 for the term and premium shown, and I want it financed
(Seller to pay off) on this Contract.
Net Trade -In Value $ .00
...........
Total Down Payment $ 1,566.65 Type of Insurance Term Premium
3. Unpaid Balance of Cash Price (1 minus 2) $ 29,433.35 X 12MOS $ 288.00
4. Amounts paid to others on my behalf:" Physical Damage Coverage
OMOS $ .00
a. To Insuranoe Companies: $
(1) Property Insurance $ 288. 0 0
(2) Credit Life Insurance $ .00 LIABILITY INSURANCE COVERAGE FOR BODILY
b. To Public Officials: INJURY AND PROPERTY DAMAGE CAUSED TO
(1) Certificate of Title $ 22.50 OTHERS IS NOT INCLUDED UNLESS INDICATED IN
(2) FILING FEES ..... . $ 5.0 THE PROPERTY INSURANCE SECTION ABOVE.
c. To Creditor: CREDIT LIFE INSURANCE: Credit Life Insurance is
For: $ .00 not required for this Contract or a factor in its approval.
d. To: If I elect Credit Life Insurance, the name(s) of the
For: NOTARY FEE proposed insured(s) are:
$ 17.50 Proposed Insured
e. To: Proposed Insured
For:
$ .00 (Only spouse can be insured jointly.)
f. To: This insurance may not pay off all of my debt, and the
For: exact amount of coverage is shown on my policy or
$ 100 certificate. My signature indicates my election to obtain
g. To: Credit Life Insurance coverage for the term and
For: premium shown:
h. To:
$ Type of Coverage Term Premium
For:
Single $
Total (a +b +c +d +e +f+ +h 0 Joint $
9 ) $ 333.0 `
5. Unpaid Balance (3 plus 4) $ 29,766.35
6. Prepaid Finance Charge $ .00 (signature) Date
7. Amount Financed (5 minus 6) $ _29, 7 6 6 . 3 5 Date 1.
I understand and agree that a portion of certain of these amounts (signature)
may be retained by you or your affiliate. (If joint coverage is desired, both proposed insureds must sign.)
PASUM2-0497
PAGE 2 OF 6
ORIGINAL COPY
ADDITIONAL TERMS AND CONDITIONS
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment and
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactured
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and
performance of my obligations under this Contract, including any additional debt arising because of my failure to perform my
obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Contract
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I will
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to' perfect your
security interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction thereof
in the real estate records or other appropriate index as a financing statement for any of the items specified above. Any
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals, or
amendments thereof, shall be sufficient to perfect a security interest with respect to such items.
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
THERE WILL BE NO CHANGEAN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the
Manufactured Home or the remaining unpaid balance I owe from time to time under this Contract (the "Minimum Coverage ").
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a
10 -day notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the insurance
policy. I have the right to choose the person through whom the property insurance policy is obtained. If my insurance
coverage expires or is cancelled prior to payment in full of this Contract, I must obtain no less than the Minimum Coverage at
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are not
obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for' the protection of only your
interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period as
you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus
interest at the Contract rate, will be added to my debt. I will repay such amount during the term of the policy in the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than might be
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive a profit for this service.
b. Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and all
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which in
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, 1 shall give prompt notice
to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, you may do so on my
behalf. All physical damage. insurance proceeds, including proceeds from optional coverage, shall be applied to restoration or
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless such restoration or repair is not
economically practical or feasible, or your security interest would be lessened. If such restoration or repair is not practical or
feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. I hereby
appoint you as my limited attorney -in -fact to sign my name to any check, draft, or other document necessary to obtain such
insurance payments.
LATE CHARGE: 1 agree to pay a late charge for late payment as set forth on the front of this Contract. Only one late charge will
be made on any delinquent installment regardless of the period for which that installment remains in default; After this Contract
matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the actual charge of the dishonoring institution (or such higher amount
as allowed by law) if any check.given to you is not honored because of insufficient funds or because no such account exists.
PA35088240497 - PAGE 3 OF 6
ORIGINAL COPY�—
�_ ,.
EVENTS OF DEFAULT: 1 will be in default under this Contract ff: (a) I fail to make any payment when due; (b) I fail to timely
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which the
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facility
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you may
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you in
advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneficial interest in the Manufactured
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate without
first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally; (i) I fail to _
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is
located, if this is my responsibility; and /or 0) 1 fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary to
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contract. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one -year period, (2) 1 have
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
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 45 days after receipt of the Notice of Default and Right to Cure Default. To cure a default, I must pay: (a) all amounts
which would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late charges
that are due, and (d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to the
site of safe. I must also perform any other obligation I would have had to perform in the absence of default.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following at the end of the notice
period, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required to send me the Notice of Default and Right to Cure Default, you will have
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from
the sale, after expenses, is less than what I owe you, I will pay you the difference except as otherwise provided by law. All
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating to
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any claim
based on or arising from an alleged tort, shall, ff requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims arising from a single transaction, shall be determined by arbitration as described below. Any other controversy shall be
determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the controversy
is venued lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
b. Arbitration. Since this Contract touches and concerns interstate commerce, an arbitration under this Contract shall be
conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice of
law provision in this Contract. The Commercial Rules of the American Arbitration Association ( "AAA ") also shall apply. The
arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim. Any controversy
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be in
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be entered
in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except as
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice.
c. Judicial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (a)
that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointed
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and I shall designate to the
court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA- sponsored
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy is venued lacks the
power to appoint a referee, the controversy instead shall be decided by trial by a judge without a jury.
PA350OW-0497 PAGE 4 O 0
ORIGINAL COPY
d. Self -Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or I
may have to exercise self -help remedies such as set -off or repossession, to foreclose by power of sale or judicially against or
sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction before,
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of any
such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute or
controversy be determined by arbitration as provided above.
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with the
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dispute
relating to this Contract, you will pay my reasonable attorney fees, count costs and necessary disbursements incurred in
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with the
law. if you prevail in any such action or proceeding, or in the exercise of any self -help remedy as described above, i will pay any
court costs and necessary disbursements to the full extent permitted by law, together with reasonable fees imposed on you by
an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not exceed
$50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure
Default.
OTHER TERMS AND CONDITIONS: i agree: (a) to pay with my monthly installments, N requested by you to do * so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that_wiil become due within the
next twelve -month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (c)
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
full; (d) to reimburse you immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
advance on my behalf to correct my default; and (e) that if I am married, and residing in a community property state, both my
community property and separate property will be liable for all payments due under this Contract.
ASSIGNMENT: You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting
my account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish
information about me, including insurance information, to. all others who may lawfully receive such information. You may furnish
specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance
agent to enable such agent to quote premiums to me and solicit my insurance business.
WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of this Contract shall be changed
unless in writing and signed by one of your officers. This Contract is the entire agreement between us and I agree that no oral or
implied representations have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid
under applicable .law, but if any provision of this Contract shall be prohibited by or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In no event shall
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, such
excess shall be refunded or applied to the amount due.
GOVERNING LAW: Each provision of this Contract shall be construed in accordance with and governed by the laws of the state
of Pennsylvania, provided that to the extent you have greater-rights or remedies under Federal law, such choice of state law
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
•ass- a'L rtvr�- `ms z xu� x j ," z n sT3 t - e yt.} ,.n rs -
d ,J
4 y � sk,_ NO�TiCEgz
ANY`HOLQER OFtTHIS CONSUMER CREDIT CONTRACT, IS SUBJECT TO ALt_ CWIMS#AND =DEFENSES WHICHs�
.a....._
THE DEBTORt�COULi] ASSERT AGAINST SELL`ERat01' GOODS "`OR =SERVICES OBTAINED PURSUANT
HERETOvOR WITH THE PROCEEDS HEREOF RECOVERY HEREUNDER B.Y THME l)EBTOR�SHALL NOTi?EXCEED�
__ AMOUNTS PAtD BYTHE�DEBlOR' HEREUNDER' £ �J E a F
PA950882-0497
PAGE 5 O 8
Oj'" RIGI NAL COPY ,
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALKING FOR
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACCEPTED: The foregoing Contract is hereby assigned under the terms If you do not meet your Contract obligations, you
of the Assignment below. may lose your manufactured home.
Notice to Buyer: Do not sign this Contract in blank.
You are entitled to an exact copy of the Contract
you sign. Keep it to protect your legal rights.
BUYER(S) SIGNATURE(S):
SELLER: COUNTRY SIDE VILLAGE HOMES, I NC.
tiiUti AN REED
SELLER'S
ADDRESS: 31 WALNUT BOTTOM RD
RI A. DER
SHIPPENSBURG, PA 172570
SELLER'S4 ���
SIGNATURE
SELLERS $ GL � �� � 7 ~ �
TITLE: DATE OF THIS CONTRACT:
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
nature of Buyer) (Sign of Co- Buyer)
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE 1 ( "Creditor")
With respect to this retail installment contract ( "Contract") signed by one or more buyers ( "Buyer "), SELLER represents
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
was legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide .
sale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specified
and no part thereof was loaned directly or indirectly by Seller to Buyer; (5) any trade -in, or other consideration, received as any
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed
on such trade -in or other property is accurately described on page 2 and has been paid off by Seller prior to or
contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set forth
herein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the event
of any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
other property or consideration transferred pursuant to this retail installment contract, Seller agrees that it will indemnify and hold -
Creditor harmless from all such claims and defenses as well as from all costs reasonably incurred by Creditor in connection
therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit
Reporting Act, Seller has notified Buyer that this Contract is to be submitted to Creditor.
For value received, Seller hereby assigns to Creditor all its rights, title and interest in this Contract and the property
which is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All the
terms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a part
hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing
this Contract.
PA=e824497 PARE a OF 6
ORIGINAL COPY
;rg
DEPARTMENT OF TRANSPORTATION
� CERTIFICATE OF TITLE FOR A CLE
972200051001501 -001
VEHICLEIDENTIFICATION NUMBER YEAR =� MAKE OF VEHICLE a a�� 71TLE NUMBER
�13� = �� -__r
ry r BODY TYPE OUP SEAT CAP — �� — 2 , 11 TITLE STATE M ODOM. PROCD. / DATE • CI bm AttLES ODOM. STATUS
e�.
DATE Pa TITLED GATE OF ISSUE UNLADEN WEIGHT F GvwR GCWR TIRE BRANDS
,a f ODOMETER STATUS
`nr, • p 0- ACTUAL MILEAGE
1- MILEAGE EXCEEDS THE MECHANICAL
- •--- 1141rT&-
L-.- '�I'v. 2. NOTTHEACTUAL,LEAGE
3� NOT THE ACTUAL MO-AGE-ODOMETER
TAMPERING VERIFIED Ae
4
ODOMETER DISCLOSURE EXEMPT BY FEDERAL LAN 6nEAEMPrFA0MO00METHt015CLOSURE
:
r � `fir RLGISTER),EDOWNER(S) TITLE BRAND;.
I' A = ANTIQUE VEHICLE
r �/ C = CLASSIC V
JILLIAN R REED 4 RICK Y 0 0U70FC IBLEVEHICLE
A SNYDER - - O" CRIOINALLY MFGO. FOR NOVAS
54 WALNUT DALE RD -' - -- - -- - H AGRICULTURAL VEHICLE __
- - -- L - LOGGINGVEHICLE .N
SHIPPENSBURG PA 17257 _ - P. FORMERLY A POLICE VEHICLE
_ - A = RECONSTRUCTED
. _ _ _ _ _ .- _ — S = STREET ROD
T = RECOVERED THEFT VEHICLE
V VEHICLE CONTAINS REISSUED VIN
M - -- - W : FLOOD VEHICLE
w .tv FIRST UE4 FAVOR OF; -- - - SC-00lDUENFAVOR OF. - _ x- FORMERLY AYAXI
BAN AMERICA' E S
Il,a -��pn� tefrrlTaidm is Riled uya�I eafi5:3G1fOrt of Me first ben, gle fits•
IlsnhoWer mull farw thle Tltta io. the Bureau of Motor VehWas xdg1�
appropriate form and lee.
• FIRST LIEN RELEASED -
'DATE
±: Ir BY AIfTNOR[ZED REPRES FTIVE SECOND LIEN RELEASED DAn
I
'• MALING ADDRESS _ ...w.
BY
° Q7 _ AUTHORIZED REPRESENTATIVE
IJ
BANK AMERICA F S B
400 SOUTHPOINTE BLVD _
STE 230
CANONSBURG PA 15317
1 ceroly as of the date of Issue, the official r eoor da of we Penns}Avanla Department BRADLtY L MALLORY
of Transportation reoect thattho parson(s) as coma" named herein Is the lawful ovmer
ot the wldvehiclo• Secretary of Transportation
}r;
APPLICATION F/• TITLE AND LIEN INFORMA
h 'r When , fa title wfdr a co�awner, other than r
eap�g You Tenant, check one o
SUBSCRIBED AND SWORN f
these blocks If no block k checked, hde win be =ad as kt Gammon ".
TO BEFORE ME, MO, DAY YEAR A 0 .kkrd7enonts whh Right of SurAwns cp (an death 01 one owner, aloe goes
to the survving owner).
B p Tenants in Common (on death of one owner, Interest of deceased owner
goes to his or her heirs or estate),
wpy IGNATLME OF PeRSON ADMINISTERING OATH LIEN IF NO LIEN
wT DATE. CHECK BOX '
FIRST LIENHOLDER:
NAME
_-
STREET
CITY
STATE Zip
CD UEN - _ IF NO LIEN ❑
DATE: CHECK BOX
iV The unal"ned hereby makes aWicabon for CedificAle, of Title to Ike vehicle d&Wnbed SECO - jE 17H OLDER'.
- above, Subject to M anaumhrances and other legal elairnS Set forth hero.
V � NAME
00
STREET
Lo SGHATkn OF APPLICANT OR AUTHORIZED SIGNER
0 CITY
n STATE ZIP
} L SIGNATURE OF CO•APPLICJJJTITRLE OF AUTHORIZED SIGNER - .. •
R
1 t t .r a ' r; . .:('1." v` :n .41.5 :'F 'r:'t'' r {•' t_. ' i 'k. r:. ,r #H 'J h
'PE OR PRINT) Certificate of Title must Fee sybmitted within 20 days, unless the purchaser Is a registered dealer holding the vehicle for resale.
WARNING - FEDERAL A N D OR PROVIDING AF ALSE STATEMENT RESULT IN FINES ANaroR IMPRISO SFER OF OWNERSHIP, FAILURE
Regutaod dealers must cOPll+Wie fans MV27A a MV2713 LAST T_ M' .
ASSIGNMENT OF TITLE- . Ieauved M � It purchaser m NOT regslereo dearer, r
Somm0 on Ire Franc of olds fern must be completed PURCHASER OR FULC
eC tO the best OtmylOUf Fm(rMedge thin ltHt odometer /edding LS BuSWESS NAME
T � miles and reflects "actual mileage of the vehicle, t YPURCHASER I T m
unless onto of the (VIIawIRg boxes Is cherSted: STRE
ES
El Rolioctsim amount of mtbage ❑ la NOT the actual mileage ' CITY I excess00.smechanicallimits WARNING: Odometerdlacrecaricy
vwe further candy that ale vahicie is free of any encumbrargo end that ownership Is twat;?
iranslarrod to the pereon(s) or the dealer fisted. STATE ZIP PU OCI PRICE Z
OA A
SUBSCRIBED AND SWORN _
TO BEFORE ME; O DAY YEAR PURCHASER aIONALI7AE m
O
WINATUREOFPERSONADUMSrEANGOATH _ caruncxASeasluNAruaE Z
�P p40p-.P R SER AND/OR
HAN�PAINTNAMEHERE
NO NOTARIZE UNLESS SIGNED: o�
lti IN PRESENCE OF A NOTARY AND slchAnREaes¢t:R m
PU RCI-IASEW$ NAME IS LISTED
r ? c
g >IWIANAE OPODSELLFA {;n
CO SEL M m
HANDPRINT NAME HERE - nl
IIWe certify. to the hes of my %our knowledge that the odometer reading Is LAST FIRST mi. - �
TF-'TdS la
miles and refracts the actual miieageof the vehlt". PURCHASER OR FULL zo
aUSIAIESS NAME N
unless am of the folipwfng boxes Is checked: eo PURCHAS> R m
R
❑ Renects the amgUnt of mdaoga El
Is NOT the actual mirage 4
oxcessoirtsnacnanicatAmtts WARNING: : Odemotardlscrepancy STREET
U We funkier ca+bty IfW. the vehicle m fine of any encllmbrdnde and that ownership Is beroby. ADDRESS
transferred to 1ho porsan(s) a the dealer listed,
SUBSCRIBED AND SWORN
TO BEFORE ME: MO DAY YEAR BTrTE ZIP PURCHASE PRICE: Z
Z
3IGHATURE OF PERSDN A t&TEANO OATH PURCHASER SIGNATURE
m
N O T N OTA R IZE ED
DO NC /T N C}TAI=IILE UNLF SIGN t ca WRCtIA4ER SIGNATURE
PURCHASER A M
® p1 ii E h TR R _ AND NO /OR
J !N Pf�[�51=1V. C %!" �!I >� 4J MidU HANOPRINTNAME HERE
PIJRCHASE14 NAME IS LISTED � z
p m
i �Y� SELLER IS A DEALER _ sIG OF eEI.IER - - -
SELLER MUST
tiANPP81NTNMJEHERE
• ti' / /
It p urchaser Is N O T a registered d ealer s o f Z
I certify to t he best of mytour knovAedgo that the odometer reading is ' LAST FIRST M.I, - If
TENTHS
— — _ miles and relteeis Me actual mlloego of the vehttge, PURCHASER OR FULL m
unless one or the folowing boxes Is checked: sus NESS
Raflects thoamubolmileage Is NOT the actual mileage CC}PURCHASER
aP
❑ Irt excess of its nlecFlanlrnl6rtVla ❑ WARNINMOdom ilardlscroparcy STREET
IlWa lunhar GAddy that the vohiclels free of 8ryerteyrrLfdnCa and iflal omerslupkliaiobl ADDRESS _ b
Iramleried to the liarson(s) or the dealorlisled.
CrTY C
SUBSCRIBED AND SWORN _ - C
TO BEFORE ME: MO yr YEAR STATE ZIP D PU R CHASE PRICE
SISNATUREaE PFA.ON ADMISTERING OATH PlxtousER sIGNRTD a C
Iti NOTARIZE UNLESS 51U>Vf =L1 ! II c?punatto=n SKINA711AF Z
PURC jA ' 11 , N R
IN PRESENC (IF NOTARY AND
� DPA
� A E y
l R�}IASEWS NAME IS LISTED SO
' - tin ELitl� IS A DEALE18 F SIGNATURE OF SELLER a
_
SELLER MU HERE - y on th rm, must
a front of this form mus
If purchaser is ■ ■ /
• r ,a izeumpletecl..
Mo Cerlity, to the bestat myrour knowledge Vial tva oacmater reading Is s LAST' FIRST NIX
�y "• — ✓ miles and TOAects the actual mileage Of the Vehide, PUR
CHAS
EROR FULL
Bl1SMJESSr ME
uness one of ftte following boxes is checked:
❑ Rellecta the amount of mileage El rs NOT ere actual -Seaga CO-PURCHASER `
Inoxcessafltsmechan'411 WARNING Odomotardiscrepancy BEET
YWo l4rUier codify that thsvehtclo is free of any encumbraliae and that din OiShip lieraby ADDRESS
vansherred to the persons) or the dealer rioted. ..
CITY t
SUBSCRIBED AND SWORN P UlI RCHASE PRUa
TO BEFORE ME: Mo. - DAY YEAR STATE ZIP ORDW
SV,hATUnE OF PERSON ALWAINISTERINGCdITH' E PURCHASER SIGNATURE
i-�i_ NCI NI_JT ARIii� I.IlNL -S SIGNED Y Oopu yDNATLME
_ PURCHASER , I. Q E'N' PRE4ENC OF A NOY AND . HAND CHASER AN PRINTHAMEHERE
rn
PURCHASER'S c NAPUiE IS LISTED
-'f dt.: ��I•I.FFI 1`, A DEALER ► i SIGNATURE OF SELLER
SELLER MUST
NANDM91 NAME HERE
CHECK HERE IF APPLICATION FOR DEALER TITLE; AND COMPLETE SECTION D. TITLING FEES $
EXHIBIT C
NOTICE OF DEFAULT
PA Home Only
Post BK
Green Tree Servicing LLC relationships that work
800 - 643 -0202 •
Three Executive Park Drive Suite 14 green t re e
Bedford, NH 03110
Certified Mail Receipt No. 9307 1200 1910 0001 7284 18
+ 0452374 000000045 04GO02 0061164
JILLIAN R. REED Post Bankruptcy Account Only:
142 SPRING RD Stay Relief Granted or No Reaffirmation Signed
DILLSBURG PA 17019 -9352 NOTICE OF DEFAULT
AND
��I 'Illll��l "IIIIII��I "I1 ' "'�I'�I��'�II "'Illl'�'� RIGHT TO CURE DEFAULT
Date of Notice: 11/01/2013
Account No: Creditor: Green Tree Servicing LLC
Brief identification of credit transaction: Manufactured Home Account
THIS IS NOT A BILL. THIS STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY. If you filed bankruptcy,
this notice is not an attempt to collect a debt, but instead allows the creditor to enforce its lien. If you were an obligor on
this account prior to the filing of a bankruptcy and either Green Tree Servicing LLC ( "Green Tree ") has received an order
granting relief from the automatic stay or you have received a discharge or surrendered the home in full satisfaction of the
debt, Green Tree is exercising only its rights under the security agreement as allowed by law. Green Tree is not
attempting to collect or recover the debt as your personal liability, but is only complying with statutory notice
requirements. If the amount requested is not received by the stated date, Green Tree may exercise its right to enforce its
lien.
This credit transaction is now in default. The default may be corrected within 30 days from the postmarked date of this Notice.
If the default is corrected, you may continue with the contract as though there was no default.
The default consists of: 2 payments past due (plus $ 81.84 in late fees) totaling $ 585.62 .
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $585.62, which
consists of $503.78 for past due payments and $ 81.84 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 the total amount of the default is not cured 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 $15,074.46
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.
PA Home Only Post BK NOD YMNPBPA3 1.0 2/1/2010
'i
N
V
O
O
e
0
0
0
0
0
Green Tree Servicing LLC S
MHD Tempe III
7360 South Kyrene Rd
Tempe, AZ 85283 -4583 +
9307 1200 1910 0001 7284 18
72
Jillian R. Reed
142 Spring Rd
Dillsburg PA 17019 -9352
FIRST -CLASS MAIL
Green Tree Servicing LLC USPS CERTIFIED MAIL' U.S. POSTAGE AND
FEES PAID
MHD Tempe III NCP
7360 South Kyrene Rd
Tempe, AZ 85283 -4583
9307 12 00 191 0001 7284 18
RETURN RECEIPT REQUESTED
JILLIAN R REED
142 SPRING RD
DILLSBURG PA 1 701 9 -93 52
��ih lhn��luih4d�rvl�q . 1 1�� l � l �l u �l h �l����l� m l l lh���
+ 0452374 000000045 09G002 0061164
PA Home Only
Post BK
Green Tree Servicing LLC relationships that work
800 - 643 -0202
Three Executive Park Drive Suite 14 green
Bedford, NH 03110
Certified Mail Receipt No. 9307 1200 1910 0001 7284 01
+ 0452374 000000050 09GO02 0061164
RICKY A. SNYDER Post Bankruptcy Account Only:
54 WALNUT DALE RD Stay Relief Granted or No Reaffirmation Signed
SHIPPENSBURG PA 17257 -9667 NOTICE OF DEFAULT
AND
RIGHT TO CURE DEFAULT
Date of Notice: 11/01/2013
Account No: Creditor: Green Tree Servicing LLC
Brief identification of credit transaction: Manufactured Home Account
THIS IS NOT A BILL. THIS STATEMENT IS FOR INFORMATIONAL PURPOSES ONLY. If you filed bankruptcy,
this notice is not an attempt to collect a debt, but instead allows the creditor to enforce its lien. If you were an obligor on
this account prior to the filing of a bankruptcy and either Green Tree Servicing LLC ( "Green Tree ") has received an order
granting relief from the automatic stay or you have received a discharge or surrendered the home in full satisfaction of the
debt, Green Tree is exercising only its rights under the security agreement as allowed by law. Green Tree is not
attempting to collect or recover the debt as your personal liability, but is only complying with statutory notice
requirements. If the amount requested is not received by the stated date, Green Tree may exercise its right to enforce its
lien.
This credit transaction is now in default. The default may be corrected within 30 days from the postmarked date of this Notice.
If the default is corrected, you may continue with the contract as though there was no default.
The default consists of. 2 payments past due (plus $ 81.84 in late fees) totaling $ 585.62 .
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $585.62, which
consists of $503.78 for past due payments and $ 81.84 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 the total amount of the default is not cured 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 $15,074.46
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.
PA Home Only Post BK NOD YMNPBPA3 1.0 2/1/2010
N
O
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0
0
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Green Tree Servicing LLC
MI3D Tempe III
7360 South Kyrene Rd
Tempe, AZ 85283 -4583 +
9307 1200 1910 0001 7284 01
72
Ricky A. Snyder
54 Walnut Dale Rd
Shippensburg PA 17257 -9667
FIRST -CLASS MAIL
Green Tree Servicing LLC USPS CERTIFIED MAIL' U.S. POSTAGE AND
FEES PAID
MHD Tempe III NCP
7360 South Kyrene Rd
Tempe, AZ 85283 -4583
9307 1200 1910 0001 7284 O1
RETURN RECEIPT REQUESTED
RICKY A. SNYDER
54 WALNUT DALE RD
SHIPPENSBURG PA 17257 -9667
� "
+ 0452374 000000050 09G002 0061164
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFFICL FME
LEO-OFF!CE
PROTHONOTAR .
2014 MAY -7 AM It: 1 l
RiFCUMBERLAND COUNTY
PENNSYLVANIA
The Bank of New York Mellon Trust Company
vs. Case Number
Jillian R Reed (et al.) 2014-2554
SHERIFF'S RETURN OF SERVICE
04/29/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Jillian R Reed, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Replevin as "Not Found" at 46
Walnut Dale Road, Southampton, Shippensburg, PA 17257. Deputies were advised that the defendant no
longer never lived at this address and it is thought to be residinj in Dillsburg.
04/29/2014 06:50 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in
Replevin by handing a true copy to a person representing themselves to be Summer Cassel, friend, who
accepted as "Adult Person in Charge" for Shawn Snyder at 46 Walnut Dale Road, Southampton,
Shippensburg, PA 17257.
04/29/2014
RYAN BURGETT, DEPUTY a
06:50 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint in
Replevin by "personally" handing a true copy to a person representing themselves to be the Defendant,
to wit: Ricky Andrew Snyder at 54 Walnut Dale Road, Southampton, Shippensburg, PA 17257.
RYAN BURGETT,'DEPUTY'
04/30/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Alisha Snyder, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint in Replevin as "Not Found" at 46
Walnut Dale Road, Southampton, Shippensburg, PA 17257. Co-defendant Ricky Snyder states he does
not know a Alisha Snyder but did advise that Shawn Snyder dated a "Alisha Fadelle".
SHERIFF COST: $121.20 SO ANSWERS,
April 30, 2014
(c) CountySuite Sheriff, Te!eosoft. Inc.
RONNR ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Green Tree Servicing LLC
v.
Ricky A. Snyder and Jillian R.
Reed, Occupants, Shawn Snyder
and Alisha Snyder,
Defendants.
CIVIL DIVISION
No. 14 - 2554 Civil
PRAECIPE TO DISCONTINUE
WITHOUT PREJUDICE PURSUANT TO Pa.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 is without prejudice.
RESPECTFULLY SUBMITTED,
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000