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HomeMy WebLinkAbout05-2675 6, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION No, 06~ ;)&7S' ~ Plaintiff, Complaint in Civil Action. Replevin v. Cindy K, Reasner, Filed on behalf of: Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC Defendant. Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S,C, S 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 OFTHIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITIEN 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 A TIORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, CIVIL DIVISION Plaintiff, ) ) ) ) ) ) ) ) ) No. Complaint in Replevin v, Cindy K. Reasner, Defendant. NOTICE THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY, You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Plaintiff, v. Cindy K. Reasner, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION ..- No. OS -.;2.<0 7:J THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. COMPLAINT COUNT I - REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, by and through its attorney Erin p, Dyer, Esquire and avers the following in support of its Complaint in Replevin: 1. Green Tree Consumer Discount Company, successor servicerto GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff' or "Green Tree," is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania and has its principal place of business located at Stonewood Commons III, 105 Bradford Road, Suite 200, Wexford, PA 15090, 2, Cindy K. Reasner, hereinafter referred to as "Defendant," is an individual whose last known address is 123 Rustic Drive, Shippensburg, PA 17257, 3. On or about September 21,1999, Defendant purchased a 1999 Commodore Manufactured Home, Serial Number CX34799AB, (the "Mobile Home"), from County Side Village Homes, Inc., (the "Seller"), and entered into a written Manufactured Home Retail Installment Contract and Security Agreement, (the "Security Agreement") for the payment of a portion of the purchase price thereof. A true and correct copy of the Security Agreement is attached hereto as Exhibit "A." 4. Seller assigned its interest in the Security Agreement to Plaintiff, GreenPoint Credit Corp who perfected its security interest in said Mobile Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate otTitle is attached hereto as Exhibit "B," 5. On September 30, 1999, GreenPoint Credit Corp. and GreenPoint Credit LLC, filed a Certificate of Merger with the Pennsylvania Department of State, Corporation Bureau, Effective October 1, 1999, the surviving entity is GreenPoint Credit, LLC. 6. Effective November 1,2004, GreenPoint Credit, LLC, assigned its servicing rights and responsibilities to Green Tree Consumer Discount Company. 7, Plaintiff avers that the approximate retail value of said Mobile Home is $50,000,00 and that the said Mobile Home is in the Defendant's possession and believed to be at Defendant's address as stated above, 8. Defendant defaulted under the terms of the Security Agreement by failing to make payments when due. As of February 25,2005, the Defendant's payments of interest and principal were in arrears in the amount of $940,21. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of February 25, 2005, is $56,062,88, 9, Plaintiff provided Defendant with thirty (30) days notice of intent to repossess the Mobile Home, A true and correct copy of the notice of intent to repossess the Mobile Home is attached hereto as Exhibit "C," 1 0, Defendant failed to cure the default or return the Mobile Home upon Plaintiff's demand. 11. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of said Mobile Home, 12. The Security Agreement provides that in the event of default, Defendant will pay: a, the reasonable attorney's fees of seller or of seller's assignee, provided that prior to commencement of legal action such fee shall not exceed $50.00; b, court costs and disbursements; and c, costs incurred by seller or of seller's assignee to foreclose on the Mobile Home including the costs of storing, reconditioning and reselling the Mobile Home. 13. In order to bring this action Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, requests: a) judgment against Defendant to recover the Mobile Home, plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. COUNT II - DAMAGES By way of separate and alternative pleading, Plaintiff, Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, alleges the following: 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though fully set forth. 15. This Count is brought in the alternative to the relief sought in Count I. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, requests: a) judgment against Defendant in the amount of $56,062,88 with interest and late charges plus detention damages, special damages consisting of inter alia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses, ~~~ ..--- -,- Erin P. Dyer, Esquire PA 10 Number: 52748 Attorney for Plaintiff 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 L:\Green Tree\Reassner, Cindy\CM REP.wpd VERIFICATION Carmine M. Amelio, Regional Manager and duly authorized representative of Green Tree Consumer Discount Company, deposes and says subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. GREEN TREE CONSUMER DISCOUNT COMPANY Carmine M. Amelio, Regional Manager L:\Green Tree\General\Verification.Amelio.wpd PENN$~LVANIA , J , .REJAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, WAIVER OF TRIAL BY JURY AND AGREEMENT TO ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE (Contract) BUYER(S): MH VARIABLE RATE CONTRACT LOANP~N:A01 091699 FOR OFRCE NUMBER: 79061 OFFICE LOAN SOURCE NO.: 750230 USE ACCT, No.:(qI~CH.R(). NAME: CINDY K. REASNER ONLY FUNDING CODE: NAME: 5~~~" ~ _ ~.~_~~ NAME: COUNTY: - E~~t.A'rnJ'~'- = BUYER'S NAME: ," ,_ . ADDRESS: 48 MOBILE ESTATES CITY: $HI PPENSB'O:l<G --'STATE: PA ZIP; 172''5'7-''~ PHONE: (TI7) :;'31J"~0:).8 S.SEC.#(~ B <: -:00 -gnu --- PROPOSED LOCATION OF MANUFACTURED HOME: 1Z3' R'U'STTC"LlR;- SH.LJ;'J;'J::f.JSB RG, J;'A ,ll <::0 I " - 'I," "me," "myse~' or 'my" mean all persons who sign this Contract as buyer or co-buyer, jointly and'severally,hand 'you' or' "your" mean the Seller and any assignee. This Contract will be submitted.t9 .thE> C[~dilor indic~~~ b,,[owL at a local office and, if approved, itwlll be assigned to that Creditor. On the date of this Contract, I buy from you on a "r!lpit sale b~~s the manufactllrec(' 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: GREENPOINT CREDIT CORP. , '.. . : ' .. PROMISE TO PAY: I promise to pay you at such- aadress- asyou may direct the Unpaid Balance sflown' on .page :!ol"this Contract (Item 5) with interest at the initial rate of 8 . 50 % per year. The interest rate I will pay will change in accordance with the provisions of this Contract. I will pay this amount in installmeniS as shown iii tnepayment scneauie,or as recomputea due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 09/17/29 ,I still ov!!' 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 rat~,is disclosed ab()ve.Jtt"jnl~i~1 jn.t~re,!! ra,te.is the An1J]!al,f',er"elltage, Rate ~ shown below. INTEREST RATE: My initial interest rate may not be based on the Index used to make later adjustments. My interest rate may change 11 months after my first payment is due and every 12 months thereafter based on movements in the average of Interbank offered rates for one ye'ar U:8. dc;>lIar denommated d,,~Slts .n th" l,,6n9,o'l.l)1arket bas,ed upOillh" quotation of major banks as published in the 'Money Rates' section of The Wall Street Journal on the first publication day of each moiith,' , and known as the London Interbank Offered Rates (L1BOR), which ~ the ind~x, rate. T)1is is calle.!! my "',nterest rate change date." My Interest rate cannot increase or decrease by more than ~ . 00 % at any int~.!e,st rate ch"Dge or bl. more than' U 5 . 00 % over the term of the Contract. The interest rate will equal the index rate in effect 4, 5 da~ before the iJiterest - rate change date plus a margin of 4.25 % jrounded to' the 'NE1ill:E-Sm ,of one percenta~e pOint) 'unless - the interest rate caps limit the amount of change in'thlllnterest rate. If thiSTndex rate'ls nOlongefaviiiia~you'may cI10089"'- new index that is based upon comparable information. ,n n' , , . ANNUAL FINANCE CHARGE Amount Financed Total of Payments Total Sale Price PERCENTAGE The amount I will have paid The lotal cost of my RATE after I have made all purchase on credit The dollar amount the The amount of credit payments as scheduled (which is subject 10 The cost of my credit as credit will cost me (which provided to me or on (based on the current change) Inoluding my a yearly rate (which is is subject to change): my behalf: Annual Percentage Rate down pagn:eSlot subject to Chang~: which is subject to change): $ ,00.00 : 10. 2 % $ 130,987.22 $ 56 , 138. 50 $ 187,125.72 $ 195,125.72 , See #7 (nane 2' Fin. Chart'le + Amount Fin. TotalPav. + Down Pa"ment See COntract terms for additional information about nonpayment. default, required repayment in full before the scheduled date, and prepayment refunds and penalties. Prepayment: If I payoff early, t will not have to pay a penalty, but I wiD notbe entitled to a refund of the Prepaid Finance Charge, If any. NUmber of Pa: ants 12 348 Amount of Pa ments 449 .14 522.23 Monthly, beginning Monthly. beginning Monthly, beginning Monthly. beginning When Payments Are Due OCTOBER 17 OCTOBER 17 1999 " 2000 My payment schedule will be: $ $ $ $ Security: I give you a security interest in the goods or property being purchased. Late Charge: If a paymentis more than ~ days late, I wUl ~e_ ~h?lr~d 5 $ 5.00 ' , %ottheu!lpaidam~~~cJ!~~!-~~~!~~~ ~ ==- ~"-. --"""""- -......,..."....=-=-.,. ---- ~~--_.~ VarIable Rate: My Contract contains a variable rate feature. DisQjqsures about the variabl~r~tp f@:al4.~. ttave be~n pr9yige~tto !11~ ~?l.rile-r. - -- Assumption: Someone buying my Manufactured Home may, under certaIn circumstances, be allowed to assume the remainder at the Contract on the anginal terms. Estimates: All numerical disclosures except the lata payment disclosures are estimates. The above disclosures are based on terms i of Payments, Annual Percentage Rate, Fim PA3S0845-0999 fthe int~'lst rate ch...nges. actual Amount lore or less than disclosed above. ?"<l~\f::tf6 EXHIBIT "An Description of Manufactured Home: TRADE NAME: COMMODORE CORP; YEAR: 1999 t-LEW: X U1>.~;_ SERIAL NUMBERS: CX3 4799 AB ITEM II SERIAL NUMBER ADDITIONAL AIR CONDITNG ACCESSORIES ANCHORS AND FURNISHINGS: DECKS 091699 ITEMIZATION OF AMOUNT FINANCED 1. Cash Price (Including Sales Taxof$ .00 ):"".. "...""... $ 63,500.00 2. a. Cash Down Payment. ". $ 8,000.00 b. Trade-In (Year, Make, Model): Length Width Gross Value $ . 00 Uens $ Net Trade-In Value $ TotaIDownPaymenl.... ".".". 3. Unpaid Balance of Cash Price (1 minus 2) 4. Amounts paid to others on my behalf:'" 8. To Insurance Companies: (1) Property Insurance.. (2) Credit Ufe Insurance., b. To Public Officials: (1) Certificate of Title $ (2) FILING FEES"'''' $ c. To Creditor: For: ORIG FEES d. To: For: :ci'o" , (Seller to payoff) .00 8,000,00 55,500.00 $ $ 611.00, .00 $ $ 22.50 5~ 00 $ 2,246.62 $ .00 e. To: For: $ .00 f. To: For: $ .00 g. To: GREENPOINT CREDIT CO' For: FLOOD FEE h. To: For: $ 27 .00 $ Total (a+b +cTd Te TI+g +h) $ 2,912.12 5. Unpaid Balance (3 plus 4)" $ 58,412.12 6. Prepaid Finance Charge $ 2, 273 .52 7. Amount Financed (5 minus 6) $ 56 , 138 . 50 *1 understand and agree that a portion of certain of these amounts may be retained by you or your affiliate. PA350s'46-<lSe9 -- _ MODEL:NOVA--- -:-: ' __ LEl'fGTH: 5 0 It __W1DJl:I: 28 ft II I j I -- SKIRTING SHED CHIMNEY ITEM SERIAL NUMBER ,- INSURANCE PROPERTY INSURANCE: Property Insurance on the Manufactured Home Is required for the term of this Contract. I have the right to choose the person through whom it is obtained. By marking the appropriate line below, I elect to buy the coverage Indicated from you for the term and premium shown, and I want it financed on this Contract. Type of Insurance Term Premium -- ~ _Ph~leaI Damage Coverage 12MOS $ 611.00 B OAD FORM $ - $ - LIABILITY INSURANCE COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE SECTION ABOVE. CREDIT LIFE INSURANCE: Credit Life Insurance is not required for this Contract or a factor in its approval. If I elect Credit Life Insurance, the name(s) of the proposed Insured(s) are: Proposed Insured Proposed Insured (Only spouse can be insured joinlly.) This Insurance may not payoff all of my debt, and the exact amount of coverage is shown on my policy or certificate. My signature indicates my election to obtain Credit Life Insurance coverage for the term and premium shown: Type of Coverage Term Premium - _ Single $ _ Joint .$. Date (signature) Date (signature) (If joint coverage is desired, both proposed insureds must sign.) ORIGINAL COPY PAGE 20F a .\ ADDITIONAL TERMS AND CONDITIONS .VAF.lIABLE RATE: a. Monthly Payment Changes. My monthly payment amount will change each time my interest rate is adjusted. I will pay the amount of the new monthly payment beginning the first monthly payment at the interest rate change date. The monthly payment amount would fully amortize the remaining unpaid balance I am expected to owe on the interest rate change date at the adjusted interest rate in equal monthly payments over the remaining Term of this Agreement. b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate and monthly payment at least 25 days before the adjustment. This notice' will contain information about the index rate, interest rate, payment amount and remaining unpaid balance. c. Conversion to FIXed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginning ZERO years from the date_of this Cl:lntract and ending -----30 years frpm,the dilte of this .Contract. In. order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of my desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee. The new fixed interest rate will be your standard fixed interest rate tor a comparable Contract on the date that you receive my written notification. The new fixed rate will take effect on the "Conversion Date,' which Shall be my next payment due date that is at least 30 days after your !imely rSl1:eipt of a revision agreement signed by all Borrowers together with a nonrefundable conversion fee of $ 200. 00 . Th\l n~ fQ\@\l..rate -'111.11.. 1M. C;ol1'lersiqn,Date are subject to change if my revision agreement and fees are received after the date specified in the revision agreement. My new payment amount will be effective with the first payment following the Conversion Date. 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 aiiow 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 RNANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT, THERE WILL BE NO CHANGE IN 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 baiance I OWe from time to time on this Contract (the "Minimum Coverage"). The insurance polley 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 profitfor this service. PA35084G..o999 PAGE3OF8 ORIGINAL COpy --------------------------------------------~------------------------- 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, I 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 othelWise 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: I 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 othelWise, I will not be charged a late charge. EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fail to make any payment when due; (b) I fall 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; (I) 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 fall 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 (j) I fall 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) I 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 sale. 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 Riglif to Cure Default, yell will have these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from !he 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, if requested by either you or me, be determined by arbftration, reference, or trial by a judge as provided below. A controversy involving oniy a single claimant, or claimants who are related or asserting claims arising from a single transaction, shall be determined by arbitration as described below. A.ny 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. PA3SOS'4s.09i19 P,AIJE4QF6 ORIGINAL COpy c: Judicial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (a) thnt 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 AM in the same manner as arbitrators are selected in AM-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. 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, court 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 se~-help remedy as described above, I will pay any court costs and necessary disbursements to the full extent permitted by Jaw, 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. _ ,_,_ _,___ u ~ ..,.. OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will 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; (e) 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 rem!'linder 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. PA350848-o999 PAGE50F 6 ORIGINAL COPY ,~ NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF_ RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING 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. 31 WALNUT BOTTOM ROAD If you do not meet your Contract obligations, you 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. ~UYER(S) ~IGNATURE(S~ ~ C..w" D.lw..t..... , 'CINDY! . R: SNER ACCEPTED: The foregoing Contract Is hereby assIgned under the terms of the Assignmenton page 7. COUNTRY SIDE VILLAGE HOMES, I SELLER: SELLER'S ADDRESS: SELLER'S SIGNATURE: SELLER'S TITLE: 172570000 .- DATEo.r:!!:lli'cOm-~cT: ~%9' __ _.~. I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. -~ ~~~~~~.~ (Sign re of Buyer) (Signature of Co-Buyer) ,- ASSIGNMENT BY SELLER TO CREDITOR INDICATED ON PAGE 1 ('Creditor') Wrth respect to this retail installment contract ('Contract") signed by one or more buyers ('Buyer'kSELLER 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 otl\er consideration, received as any part of the down payment Is accurately described on page 2 and has been valued at Its bona fld\!l 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 retaUlnstallment contract, Seller agrees that it will indemnify and hold Creditor harmiess from all such claims and defenses as well as from aU costs reasonably incurred by C[editor in connectign _ therewith, including but not limited to reasonable attorney fees and CQu,rt.costs; ;\,nd (1 0) i!l.accordanc~ with the, Fajr Crecjit.,_ 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 lights, title and interest in this Contract and the property which is the subject matter hereof and autholizes Creditor to do everything necessary to col~ct and dis."harge same, All the 'temi\; of any existing written agreements between Seller and Creditor go'!.erning the purchase of Contracts are made a part hereot by reference, it being understood that Creditor relies upon the above warranties and upon said agreements In purchasing this Con~ract. PA350846-0999 ORIGINAL COPY PAGE6OF6 - '..,' ':::;:~::T~::"'?:..~;~;;<:;j:::;~~:~%~'::a~:;'~:":'3~'~'2':';:;5':':'~~;; .' ..:, ..' ""I2'l59US~tni~~~~7~~~;.;;:~.;.:::;:~!;:;:;~;:I ~;;:~:~ ~...;.;; ,..,,;:::,:. ::~::.: ::.,': ,. tX3'1l11~L~":~~~.:::,:,,p~:];?~~g-~~e~::'- J:'5~o~jglJ]r' RE I " "I ., "'I"'-~.""'"l''''''''' '"''''~''''''''-''.;J''' HH . rr ". ..,.. '.:," -':"::f~~Cj ~I' 'exNcp .(if lV;ib."~l'~M~1:[';1;'Wj~t;':I;;;~.~; t . :~':I:;::':= ,,~~~'.: 1 .... ....... ' ..' :':?=:::-_ "~><,,, .'...~' ..:~===.m~ , .:;.:~,,""'" '..,i" .,......,,",,'~. T~'tI!l'lIPItiP .v.mmm.~ld D!~~.;~,su~ .....-:::::a"""""" , .,' "".".,..' ".-AlRlQI./C.'\I1tt(;U< ~~~~~~T~.~~R"'.. '~.f ,,' .~~...,.. .g~-:--. SHIPl"etSBURG,PA J.l~i ~" .-.' . I ~:=~"""" '. . ,C ',. ~.:E,~;:~~;;,;;::;:; ..' 1 ",:' !~~~'" ......OINT c'~li~~'~'! ;-*~ ,,="" , 'r~': ).1;~ Iw._',:',a.IIfir:lftd~ItI...-upon....r.:tlOlt'QI'e.lh'i\""''*RrIt l'=r -;I.-t'/~'-~\'-:-;"t'1' J....""*~ rq. Jllllf 10 ON fIwMu" Nolor ~ .... . ,'+~ . ..':'~:u.. - ........1brril1l\d.IM ' . J, '-. II , ,~MTE,..:'.t' ,"-*".~t; f~f;l;r .' ': - .,J.' ""I~;:'~t."I":"'::,'; ~~...' ~ .. . . '. ~'<"'~ I,.", I ~~IJI!NJIlS..!AsED . ~~~'.'~~_,J..~' .-.' . ~Tf: ".. , ,..., t GREENPOtllitl. ..'~~ftf,~:::~~.\c, i : liOn ~no~ojM1'~~k~~':' l SUHE' 2i1tt .,'..<: :~;'~~.4':':-;.'::.,:;- ; CANONS8~i~. ~ ~;:~'~~1~~";; ,t, Y;"';':"'~ ,,' ;. r' J ! . '~ i' t '" .';~~>~,;l.: :'.:: j' f 'l*atr _ ~.. <11'- of....... ""..~.""'Qf'h ~.d.1,*'i.. ~. <ltTf.-.poMlionllehl:llNlttM~CIf~IWJted~It~~"-r oI"SIIid~ _ -::~':'.',""'1\,'!;~";':: ....,1, . .11' .. ..:z~;:.~~~~~~.t:::... :':'.::'~~ ':"~~~~~:0r:::-:J ;'. '.'>i'~;~~f~;'" ., . "." .:::..... ..'.. '. >' ,..,!-"lil;? ''','''')Z'','C,R:" lilt"" -,>' ~,,~j,.j, ~>.i, ~"....~ ii'""'1 "~:-"'\,'Il'~ . r-f'.j.,;:.;'<i~'~,~ "'", " .1!"<1 ,.I,.~r'" "'" , ,~~-l~ 'i;:";....~~~-4'~~l'jlt,~ c. ", !)I!, J!-,{r1 ,,},[''',1, . . ., - "I'" I' i.'~ ...' - -, "'...". ::.;,-=:_~~...~~4-,.:;:t_~~i... :~!~P'i;:" . '. ":_'f'O'".:..".j~" EXHIBIT "B" "' oW'nlORfZED AaWSENTAnv&. H'~~~Y .....,. "'fi - ra.dt.4. o ;'.';".-"- ;'. '~'.'., .- .......:, . "Ol~~ ."~:. ", ,~.' ".. ,~" .. :~"'~ue><,~ o " " " ~ ,,~'" .'. . ~....... ',I;,~ -.In''''~ ..,:~.~ ROCKDALE RDAL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ill, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens), MI, MN, MO (LH First Liens), MS, MT, NE, NY, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, I'A (HO), RI, SD, TN, TX (HO), UT, VT, VA, WA, WI (LH First Liens), WV (LH), WY NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT Date of Notice: 4/20/05 CERTIFIED MAIL RECEIPT NO. CINDY REASNER 123 RUSTIC DR SIDPPENSBURG, PA 17257 GREEN TREE CONSUMER DISCOUNT CO. 105 BRADFORD ROAD StJITE 200 WEXFORD, PA 15090 1-800-245-1340 Account No: 73505181 CREDITOR: GREEN TREE CONSUMER DlS.CO. Credit Transaction: MANUFACTURED HOME ACCOUNT You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked date of this Notice. If you correct the default, you may continue with the contract as thought you did not default. Your default consists of 6 payments (plus 0.00 in fees and charges) totaling $2070.76 Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $2070.76 Which consists of$2070.76 for Dast due Davments and 0.00 for late charees or bv doine the foUowin!!: N/A Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of $55026.79 shall be due and Davable without anv further notice from the creditor. Additional exuenses. interest and charees accrued after the date of this notice shall also be due and Davable. If you have questions, write areen Tree Consumer Discount Co. at the above address or call the number provided. If this default was caused by your failure to make a payment of payments, and you want to pay by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting areen Tree Consumer Dis.Co. EXHIBIT "C" ~~? , ~~' ~ ~ ~ ~ 0< 'IS ....., ~~ '['~ (, ;; i' -';"\ > ' o ,., ',1 , , '". (...0 r.-.) -- L\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, successor servicer to GreenPoint Credit, LLC, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) No. 05-2675-Civil CIVIL DIVISION v. Cindy K. Reasner, Defendant. PRAECIPE TO DISCONTINUE PURSUANT TO PENNSYLVANIA R.C.P. RULE 229 To the Prothonotary: Please discontinue the above-captioned action at the request of Plaintiff, pursuant to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment) owed to plaintiff by Defendant. Respectfully submitted, ~/~ Erin P. Dyer, Esquir PA 10 Number: 52748 Attorney for Green Tree 5743 Centre Avenue Pittsburgh, PA 15206 (412) 361-1000 ~ ;!,4,t -'II P~:rtJ" '~\1 L\Green Tree\Reassner, Cindy\P2D.wpd (") '" c:- = 0 c.;.? < c.n 'n ,-: $~ :2 '- :-2: m:D r -am , .r:- ;'~6 ::~-) ",.. ~~ 3 c;;) _. :r;; ~ ::0 en .< .. SHERIFF'S RETURN, NOT SERVED CASE NO: 2005-02675 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND , GREEN TREE CONSUMER DISCOUNT VS REASNER CINDY K R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: REASNER CINDY K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , REASNER CINDY K 123 RUSTIC DRIVE SHIPPENSBURG, PA 17257 SERVICE STOPPED PER FAX FROM ATTORNEY DYER. DEFENDANT'S CURRENT ADDRESS IS 12 MOUNTAIN STREET NEWBURG, 17240 Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 14.80 .00 10.00 .00 42.80 ':7~-= Sheriff of Cumberland County DYER LAW FIRM 06/13/2005 Sworn and subscribed to before me this jSr.!2 day .).iXJ '" I_A. D . (-rf-'-- Prothonotary Of~ n n.. ,PO", ,~