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Home My WebLink About06-2526 IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff. CIVIL DIVISION No. ex, -;).J; d.f:::, CI U ,t ~-'~ Green Tree Consumer Discount Company, 'c. TYPE OF PLEADING: Complaint in Replevin Jackson S. Starliper and Vicki J. Starliper, Defendants. FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company COUNSEL OF RECORD: Edward F. Voelker,.Ir. PA J.D. #55414 Chad R. Callahan PA J.D. #82058 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh. P A 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Grecn Trec Consumer Discount Company, CIVIL DIVISION Plaintiff~ No. v. Jackson S. Starliper and Vicki 1. Starliper, Defendants. NOTICE v ou have been sued in court.lfyou 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 arc 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. VOl) SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 170] 3 (71 7) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff. CIVIL DIVISION No. ~ - :)5:2(,., 0..1 '-'~ L~/2Yl v. Jackson S, Starliper and Vicki I. Starliper, Defendants. COMPLAINT IN REPLEVIN AND NOW, comes Green Tree Consumer Discount Company, by and through its attorneys, Edward F, Voelker, Jr., Esq., Chad R. Callahan, Esq. and Voelker & Associates, P,C., and avers the fo\ lowing in support of its Complaint in Replevin: \. Jackson S. Starliper and Vicki I. Starliper, hereinafter referred to as "Defendants," arc individuals whose last known address is 38 North Penn Street, Shippensburg, P A 17257 and 221 Shippensburg Mobile Estates, Shippensburg, P A, 17257. 2. Green Tree Consumer Discount Company, hereinafter referred to as "Plaintiff," is a Pennsylvania corporation and is duly authorized to conduct business in the Commonwealth of Pennsylvania. 3. On or about 07/24/1995, Defendants entered into a "Retail Installment Contract and Security Agreement ," hereinafter referred to as the "Security Agreement," whereby Defendants purchased and financed from Royal Finance of Pennsylvania a 1988 Champion Atlantic manufactured home (serial no. 078405C9913) with certain furnishings, equipment, appliances, and -1- accessories included at thc time of purchase, hereinafter collectively referred to as the "Manufactured llome." ^ true and correct copy ofthe Security Agreement is marked as Exhibit "A" and is attached hereto and made a part hereof. 4. It is believed and therefore averred that the Manufactured Home is located at the residence of Defendant Vicki Starliper. 5. The Security Agreement was assigned for value to Plaintifl's predecessor-in-interest, IlankAmcrica Housing Services, a division of Bank of America, fsb, on or about 07/24/1995, as permitted by the Security Agreement. 6. The Security Agreement was subsequently assigned for value to Plaintiff as permitted by the Security Agreement. 7. Pursuant to the Security Agreement, Defendants promised to pay the financed amount of $26.125.00. X. As security for the loan, Defendants, by the Security Agreement, granted Plaintiff's predccessor-in-interest a security interest in the Manufactured Home. 9. Plaintiffs predecessor-in-interest perfected its security interest in the Manufactured Ilomc by having an encumbrance placed on thc title thereto. A true and correct copy of the Certificatc of Title for a Vehicle is marked as Exhibit "B" and is attached hereto and madc a part hereof. ] O. Plaintiff avers that the approximate retail value of the Manufactured Home IS -2- $lX.053.00. 1 I , Defendants have defaulted under the Security Agreement by fail ing to make payments when due. As of 03/24/2006, the delinquent payment amount due and owing trom Defendants to Plainti IT is $636.65. 12. As of 03/24/2006, the amount owed by Defendants to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the Manufactured Home, is $15,153.34, The interest on said amount is accruing at the daily rate of $4.52. 13. Defendants have failed to surrender the Manufactured Home upon Plaintiffs demand. 14. On 02/23/2006 and 03/30/2006 respectively, PlaintifTprovided each Defendant with a Notice ofDefilUlt, true and correct copies of the same are marked as Exhibits "C" and "D" and are attached hereto and made a part hereof. 15. Plaintiff is now entitled to immediate possession ofthe Manufactured Home, 16. Plaintiff is entitled to attorneys fees under the terms of the Security Agreement. WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home, plus attorneys fees, costs, interest from 03/24/2006, and damages for the unjust retention of the Manuhlcturcd Home. -3- Respectfully submitted, vuiiZATES PC Chad R. Callahan Attorneys for PlaintitI Voelker & Associates. P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 -4- ;; l "--~.,. .' ( ( 11161111111111111 _ TITLE MH FIXED RATE CONTRACT . ........,....f::J "",""'" ,,,,,,,,,,..,. :"jf<YJ!:,"'." LOAN PLAN F 0 1 q6'ii~~~~ OFFICE NUMBER, 7 9 07 5 ::Ul:ij1~ii'.'.':Sii".' DEALER NO ' 7 5 0218 ~";~m::"'"'''''' ., }..ii~~..'.:"~.'.'.'.:iiii.j!' ACCNT NO.: 'l'b;:;"o?oi9 ;;tJf:~~:tr~;;mr~"' PENNSYlVANIA RETAIL INSTALLMENT CONTRACT and SECURITY AGREEMENT BUYERIS): JACKSON S STARLIPER VICKI I STARLIPER NAME NAME: NAME NAME SHIPPENSBURG COUNTY, CUMBERLAND MOBILE ESTS CfTY, SHIPPENSBURG STATE: PA lJe. 17257 PHONE: 717 1532' 4755 UEC. '1St. 161.. 40 ..16 80 162." 46.2664 PROPOSEDLO<:ATlONOI'MANV'ACTVAEDHOME 221 SHIPPENSBURG MOBILE ESTS SHIPPENSBURG, PA 17257 ~"'S ADDRESS; 221 "I," Ilmell or "us" me.n. ell persons who sign tl'\is eontrect 1!18 buyer or co.buyer. jointly end severally. end 'you" or ''your'' mean.. the sell.r and any 8pign... This contrect will b8 IlUbmitt.a to the Creditor indicated below. at 8 locel office. and if approved. it will be ....s.ign.d to thet Creditor. On the date of this contract. I buy from you on 8 credit sale besi. the menutsctur.d home described b"low, togeth.r with turnjshing~ equipment. sppliancea &snd ecces.a.ories included in the m.nufsctur.d home at the time of purcha&Q (celled "Manufactured Hom."). CREDITOR: BANKAMERICA HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB Description of Manufactured TRADE NAME: CHAMPION MOOfl: ATLANTIC Home: 88 X 40 28 YEAR; NEW: USED: lENGTH: .. !MOTH: .. SERIAL. - NUMBERS: 07 8405C9913 I ;';;,,,;;;1, i !:::: ~ .! i ITEM 1!,1~;i~;:;;:~jill ~::::J SERIAL NUNI8ER ~ii\;::':;<i:i1;\i::tm ~ ITEM 1~~r[::~Jl;tii;;il li;.~:,,,~;;iWiiiili:1 SERIAL NUMSfR h;Vii~;~h~~:; "I AODI~IONAl REFRIGERATOR STOVE WID ACCESSORIES CIA STEPS DECK 6X6 AND FURNISHINGS, SKIRTING PORCH 8X14 PROMISE TO PAY: I promise to pay you tne Unpaid ~lanc8 shown in (Item 5) with interest at the rete of: 12.00 %p.r y..r until the d.bt is. fully paid. I'll pay this amount in in.tellments as shown in the payment schedule. EBeh monthly payment will b. sppJied B8 of it. scheduled due date. If no interest rata is disclosed above, the interest rat. is the Annuel Percentage Rete shown below. ANNUAL FINANCE CHARGE Amount Financed Total of Payments Total Sale Price PERCENTAGE The total cost of my RATE purcha.s41 on credit The amooot of credit The amount I wll hltw mc1udil"lg mydo\llll"l Tn. ClO$t of my credit .. The dollar amount the prov;ded to me or on paid af~r I NW mad. sf! payrnant of . yearly r.te: credit wilt coat me: my behalf: pliIyrnenta.., scheduled: $ 1.395.00 12.00 % $ 30,314.00 $ 26,125. DO $ 56,439.00 $57,834.00 ffi2L1.r.i*m~'U~\lltl~\~~Jllt~mm)mjm5l)~~ nJt111~~';'''.'<i.;~)~tliiF~!';;'ow~~~i1i!~~ni t~trdi:l~b';:it:"~W'!!;ii;"1i~f&,; See oantr.ct terl"M for edditlonal inforn'l8tion aoout nonpayment default. requIred repaymllnt in full before tha scheduled date, and prepayment l'8funda and penahi... Prepaymel"l't If I pily off early, Ivvill not h..... to pay. penalty. but I will not "0- entitJ8d to II refund of the Prapaid Final"'Ge Charge. If any. S~urity: I giw jQu a HCurity interest in: X the goods or pro".rty b.ing pun:ha.sed. ~'~bBt~. '~~::::!:1ii~~\l~J;tl\~;;\tlt~t' \;';\%\~lw.!;<;,,~~-;.~~m:~mm~\\,\);fJ;fjm':;:::)ti~Il.w.:lilt.~j;);::I!r;jf,~~:n!Wln:;~i;;f;i.W~1~~!;:L;!W:::iW,;:::)iu ,11~mliiijn. mHEm[L~:~'_::,..,"~;~m!!mH;~ J!rdrl'!!1mHrnffru:';k,*t\ffim~~:~l:!~,~"r:t!*:~~~~iri~rr:1:ml!t~i%~1:mlm:m~~c~~ 180 $ 313.55 Monthly. beginning 24 .19 $ ,00 Mon'hly, begiming .19 $ .00 Monthly, beginning .19 -- $ .00 Monthly, beginning ,19 _real property located at: l.... Ch-ve: If. paym.nt i.s more than ----.!....? dll'(.lllate. I \/\/ill b. cNtrged $ 5.00 AN....mp1ion: Someone buying mv Manufactured Home mav. under c.ertain circums1anca, be allowad to UoSume tha ,.msinder of the contract on the original t.",.. 5 '*' of th. unpaid amount of .sucl't payment not to 8JCcssd 3&oee2.()294 PA PAGE'OF4 ORIGINAL COPY L \ .. . . :~~m,~~![~lW~m~mH~!ii~~Mlatt():~Gfj~5tQUNtJfl~NGSD.il~lJllm~~;~l~m!fi:2m~~!li .00 ),$ 1,395.00 27,500.00 1. C..h Prioo (Incl. Sal.. Tax of $ 2. 8. Cash Down payment $ b. Trad..ln (Year. Make. Model): Length Width Grcea Value $ . 0 OLiens $ (SeIIe,tCIPllYOff) .00 $ .00 $ $ 1,395.00 26,105.00 Net Trad...ln Velu. Total Downpayment. 3. Unpaid Balanc8 of Cun Price (1 minus 2) 4, Amounts paid to other. on my behalf: 8. To Insurance Companies: (1) Property Insurance . $ (2) Credit Lif. Insurance,. $ b. To Public Officials: (1) Cortificoto ofTitlo $ (2) FILING FEE~ c. To Seller: For: (PNpaldl"lr-..rceC...."".) .00 .00 15.00 5,00 . 0 0 $ d. To, For" $ .00 .00 e. To: For; $ Totsl (a + b + C + d +.) 5, Unpaid Bolonoo (3 plu. 4) 6. Prepaid Finance Charge. 7. Amount Financed (5 minus 6) .00 $ $ $ $ 20.00 26,125.00 .00 26,125.00 @W!!~!!~HmEmi~:r,l~~it::r.:!ili::i:X'llliiiHW$$t:rUMG~FJ!J:mimm!il;ilmili(:Jij:i:H!il;StliiimHi*!~H!t PROPERTY INSURANCE: Proporty Insuronco on tho Men u- fectured Home is required for the term of thi, centrect. I heve the right to choose the person through whom it is obtained. Bv marking the appropriete line below. I elect to buy the coverage indicat.d from vou for tho term .nd premium shown: Type of Inauranee Term Premium Broad Form Camp. OMOS $ .00 - .00 Mobile Home Owners OMOS $ - SERV CNTRT $ - LiABIlITY INSURANCE COV~RAG~ FOR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTH~RS IS NOT INCLUDED UNLESS MOBILE HOME OWNERS INSURANCe is INDICATED IN THE PROPERTY INSURANce SECTION ABOve. CREDIT LIFE INSURANCE: Credit Lifo Insuronce i. not required for this contract or a factor in its approval. If I elect Credit Lif. Insurance. the nome(.) of the proposed insurad(.) are: PropoMd Insured Proposed Insured (Only SPOUH can be in.ured jointly,} This insurance may not payoff .11 of my debt. and the exact amount of coverage is shown on my policy or certificate, My signature indicstes my .I.ction to obtein Credit Life Insurance coverege for the term end premium shown: Type of Cove,ege Term Premium - - Single $ Joint $ - Dat. It..-w,.j Dote ('~N11:1.1I.1 (If joint coverega desir.d. both propoMd in.urad. must sign,) If you do not meet your contract obligations, you may Iooe your manufoctured home. Notice to Buyor: Do not sign this contract in blank. You aro ontitled to on exact copy of the contract you oign. Keep it to protect your legal rights. BUYER(S) S1GNATURE{S~ ACCEPTED: Thtl foregoing contract is hereby assignsd undllr the terma of the Asaignmllnt on page 4. SE"E"'ROYAL FINANCE OF PENNYSLVANIA :seLLER'S AOORESS: 4701 DEVONSHIRE ROAD STE 105 '"2.l~~J- ....../ ~.lJP.-t. VICKI I STARL PER DATEO'THI'CONTRACT,. 7-e/l'j"-9's .,. I AGREE TO All THE TERMS ON All PAGES OF THIS RETAil INSTAllMENT CONTRACT AND ACKNOWLEDGE RECEIPT OF A COMPlETED COPY OF THIS CONTRACT. )~--/~ SELLER" S SIGNATURE: SELLER'S TITLE: /1.14 ' Je06G2-OZ94 PA 7..L-~ ' . /'1 ....f;h.:; A -"i'<-;: (S1gnatuN or Co-Bu ORIGINAL COpy PAGE 2 Of 4 \ . 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 lUG or may hereafter by operation of IGw become accessions to it. (2) any refunds of unearned insurance premiums financed in this contract. and (3) all proceeds of such Manufactured Home and accessions. 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 axt8nStons. renewals or modifications. If this contract is secured by a mortgage or deed of trust on my faal 8state. then this security agreement is not exclusive. Your rights and remedies under this contract and any mortgage or d....d of trust executed herewith are cumulative. but my right to a Notice of Defaull and Right to Cure Default shall not be affected by any inconsistent provision of any mortgage or deed of trust. My execution of this contract constitutes a waiver of my personal property and homestead exemption rights 10 the personal and real property herein described. PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. BUT I WILL NOT BE ENTmED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. PROPERTY INSURANCE: I am required to insure the Manufactured Home against physical damage for the term of lhe contract at my expense. The minimum coverage will be Broad Form Comprehensive in an amount equal to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balonce I owe from time to time on this contract. The insurance policy will contain a los. payable clause protecting you (os your interest may appear), and provide for 10 day notice of cancellation to you. I have the right to choose the person through whom Ihe 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 Ihe minimum coverage at my expen<;e for the remaining term of the contract. Should I fail to maintain insurance coverage, you may. but are not obligated to, obtain the minimum coverage and such additional coverage as you may reasonably require. If you do so. 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 who may feceive a profit for this service. 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 Ihe period for which that installment remains in default. After this contract matures, whether by acceleration or otherwise, I will not be charged a lale charge. EVENTS OF DEFAULT: I will be in default under this contract if: (a) I fail to make any payment when due; (b)lfail 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 rules or regulations relating to the facility where the Manufacturod 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 the Manufactured Home without first obtaining your written consent (g) I allow the Manufactured Home, if it is personal property, to become part of any real estate: (h) I encumber or abandon the Manufactured Home or uso it for hire or illegally; (i) I fail to promptly pay any taxes and other liens and encumbrances on the Manufactured Home: and/or (i) I 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 Defou~ have occurred, you may do whatever is necessary to correct my default. You wilL except as set forth below. first givo me a Notice of Default and Right to Cure Default belore you accelerate payment of the remaining unpaid balance I owe you Dr repossess or foreclose on anv property which secures this contract The Notice will tell me what my default is and how I can cure it. You are not required to send me this Notice when (1) you have already sent a Notice twice within the preceding ono.year period, (2) I have abandoned or voluntarily surrendered the -MAnufactured Home. or (3) other extreme circumstances eXlst. CURE OF DEFAlA.T: I may cure a default at anv 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. To cure a defau~, I must pay: (a) all amounts which would have been due in the absence of defau~ and acceleration; (b) the attomey's lees 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 defau~. 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: (a) you can require me to immediately pay you the entire remaining unpaid balance of the contract plus accrued interest. or (b) you can repossess the Manufactured Home. If you are not required to send me the Notice of Default and Right to Cure Delauh. you will have these rights immediately upon my default. Once you get posses.ion 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. ATTORNEY FEES: If you hire an attomey who is not your salaried omployee to collect what I owe undor this contract or to got possessIon of the Manufactured Home. I will pay your reasonable attorney's fees. provided that prior to commencement of legal actIon such fees may not exceed $50.00 and further provided that no attornoy's fees may be charged prior to my receipt of the notice of default. 3~&2..o294 PA PAGE 3 OF 4 ORIGINAL COPY . .... . . OTHER TERMS AND CONDITIONS: I ag"'e: (a) to pay with my monthly installments, if requested by you to do so. the estimated amount necessary to pay yearly taxes. assessments and insunmce premiums that will become due within the next twelve month period: (b) to pay you a transfer fee, if I sell the Manulactured Home, unless such fee is prohibited by law; (c) to pay inlerest at the contract rate on the ",maining 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 01 funds you actually advance on my behd to correct my default; and (e) that if I am married, and residing in a community property state, both my community propeny and separate property will be liable for all payments due under this contract. CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting my account and share inform~tion about me and my account with credit feporting agencies. You may sell Of otherwise furnish information about me, including insurance information, to all others who may lawfully ",coive such information. You may fumish sp""ilic inlormation 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. ASSIGNMENT: You may assign this contract to any person or entity. All rights grantod to you under this contract shall apply to anv assignee o11his contract. WAIVER: Waiver of any delault shall not constitute a waiver 01 any other default. No term 01 this contract shall bll changed unless in writing and signed by one of your officers. This contract. and any mortgage or deed of trust sxecuted by ms in connection with this contract. is the entire agreement between us aoo I e.gre.e that no oral or implied r8pf8S~mtations have been made to induce me to enter into this contr1lct. VAliDITY: Whersver possible 88ch provision of this contract shall be intsrpretsd in such manner as to bll effsctivs and valid under applicable law. but if any provision of this contract shall be prohibited by or invalid undsr applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity. without invalidating the ",mainder of such provision orthe 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 chargs is receivsd, such eXcess shall be refunded or applisd to the amount due. (See Othsr Page forConsumefs and Sells(s Signatu",s) ASSIGNMENT BY SELLER TO CREDITOR INDICATED ON OTHER PAGE ("Crsditor") With respect to this rstail installment contract ("contract') signod by one or more buyers ("Buyer"). SELLER ",presents and warrants that: (1) Buye,'s credit statement submitted herewith is completely accurate unlsss othsrwise specifisd: (2) Buyer was legally complrtent to contract at the lime 01 Buys,'s execution 011his contract (3) this contract arose from 1he bona fide sale of the merchandise dsscribsd in this conlract (4) ths downpayment was made by Buyer in cash unless otherwise specifisd and no part thereof was loaned di",ctIy or indirectly by Seller 10 Buyer; (5) any trade-in. or other consideration, received as any part of the downpaymen1. is accurately described on the other page. and has been valued at its bona fide value. and any amount owed on such trade-in or other propeny is accurately describad on the other page and has been paid off by Seller prior to or contemporaneously with the assignmsnt of this contract to Creditor: (6) the", is now owing on this contract ths amount set forth hsrein; (7) this contract and any guaranty submitted in connection he",wilh is in all rGSpects legally snlorceable against each purported signatory the",of: (8) Seller has the right to assign this contract and 1hereby to convey good titla to it (9) in ths evsnt of any claim or defense asserted by any Buyer. or any hsirs or assigns of Buyer, with respsct to the Manufactured Home or other propsrty or considaration transferrvd pursuant to this rstail installment contract. Sellsr agrees that it will indsmnily and hold Creditor hannless from all such claims and defenses as wen 8.S from all costs reasonably incurred by Creditor in connection therewith. including but not limited to rsasonabls attorney fees and court costs: and (10) in accordancs with the Fair Credil Reponing Act, Ssllsr has notified Buyer that this contract is to bs submitted to Creditor. For value r""eived, Seller he",bv assigns to Creditor all its rights. tills and interest in this contract and the propsny which is ths subj""t matter hereol and authorizes Creditor to do everything necessary to collect and diSCharge same. All the terms 01 any existing written agreements between Seller and Credrror 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. 380002..0294 PA PA.GE4 Of4 ORIGINAL COPY \ .p- ;~'>::;/~;?~1if "~ ,?\~::rd;:::gEPA~T~tFii{,fiTttj!~sj;o~~.4TioN \ _ ' :~ f!)(!j?/:rj./~':" "'::';:;i.:.;r~;GER:n, 'i', F.i,'e, :AT,,',Et:O,F,,-;,;,Ti:iLiE!F.OR!A. VEH'CL'E;'i:J;;:;~,;i.;?"j;m,;fl~ ],1 "'b"" '~~'"r; .......'""-=. ...... ,,, c ' r "" ..'.r.'l,..... ',c .:1';"",-;:f':?;":~';';;'<'>:!:/:_P'k:1" ;:'7' '-;"k. ,,!,,~~~'( ~-'~- f- Y/:'J.}v,f'.".,,~:,4~,');'.I'';;, . ' -. ..- ;.: ~:,,:; r>~;~;lj~./~.\1;:0<~;:::t::;:.~;,:,~~;,.!t~\,~iif:{;~~tiJ IIDIIOIIO 11I111 ngUIII1I" ~,i: /;1'>~~~;&~~~,':~~_: ~;~: ,~.,"I.5?J~og.~3.0.q;7'~,~~7.0.0],):/1;F;'l1'?i:'.'.~~l I U11111 UII III J ;.':';:t,'tJ:i'1'.~lf:;.;":.~:ij/; '0~8kt{~~1~~1;~~~';'/~~;I~f'i\~li~~~;1~;:r. 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(ER&:O.O~TE" '~OM.;Il.~S:' ~_",":-:,'~:,_'cii;j:,T,tA;~';','~:~\;;i'~ . . :':( ;~(~?;~1J~~~t:~~~:;;~ff~~f:.~~-1':; ';;f~ ~~.< 1~<~;" ~ ~ ' "~::' :~~,:~" ,... ,~,_; :"~~;~~:s~,s :";:'~':~'~ . ,-,-1.;:.:::.;t;./f.'&./ A>l.>,".!if;.~,~~,',(i". ',;,,, '~r~': ~ "NJ J,,)_ ~''''',~ 0- J.C1\.lM.l<IIiH>f;,t;'1i-;k<;~~"'~J':,- .' ".. /"~:,;t~<(',,~:~?,.>;;'::,./-t!,;:~"',-~:"~:~,~~, :-;<<"i;">-'<' ..,. } ~~ ::~~~~~"~~~. '~'N. . ~I ;>- l<<)111E. .loCTIJ.lJ,_wtlE.ltGEc,o!XlMETI;"-',,. ;i:jO'l~ETER DISCLOSURE E.XEMn~~!\FEDERAL'LAW' ..~::;~':"":';:' ~~~<li4;;. ~REG~TE,~iDQWNER(SI' v:-':'t','1 ,.>.\>(\ ~ ( TITLHR . 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GRE~c,;trrrREE Green Tree Consumer Discount Company Manufactured Housing Division 105 Bradford Road Stonewood Commons lit, Suite 200 Wexford, PA 15090-6920 phone 800-245-1340 fax 724-934-7174 GTServicing.com VICKI I STARLIPER 221 SHTI'PENSBURG MOBILE ESTS SHIPPEl'\SBURG, PA 17257 Post-Bankruptcy Accounts Only: NoReaffirmauon Signed NOTICE OF DEFAULT AND RIGHT TO CURE Date of Notice, 3/30/06 THIS IS NOT A BILL. THIS STATEMENT IS FOR INFORMATIONAL PURPOSE ONLY. If you were an obligor on this account prior to the filing of a Chapter 7 hankruptcy, and you have received a discharge, and if the debt was not reaffirmed in the bankruptc)" case, Greentree Finance Consumer Discount Company ("Greentree Finance") is exercising onlJ' its rights under the security agreement as allowed b}' law. Greentree }-inance is not attempting an}' act to collect or recover the discharged debt as your personal liability . If the amount requested is not received by the stated date, Greentree Finance may exercise its right to seek possession of the collateral. RE: Credit Transaction: Manufactured Home Debt Account Number 73505148 (the "Contract") The Contract IS in default. Such default consists of our failure to receive the Contract's monthly payments as scheduled. Greentree Finance retains a security interest in the collateral securing the Contract. The terms of the Comract provide that in the event of default, Greentree Finance can repossess/foreclose the collateral, subject to a right to cure such default. If the default is cured, you may continue to possess the collateral as if there had been no default. PLEASE NOTE THAT YOUR PERSONAL OBLlGA T10N TO PAY THE CONTRACT HAS BEEN DISCHARGED IN BANKRUPTCY AND THA T YOU ARE UNDER NO OBLIGATION TO CURE THE DEFAULT. CURE OF DEFAULT, The default may be cured by our receipt of $950.20 within 30 days from the postmarked date of this notice CREDITORS' RIGHTS: If the default is not cured in the tIme allowed, Greentree Finance may exercise its right under the law and the Contract, which include repossession and/or foreclosure of the home. In the event of repossession, the home will be sold at a private or public sale as provided by law. You have the right to redeem the home until such sale is held. If you have any questions, you may write to Greentree Finance at the above noted addre~s or caU 1-800-245-1340 during normal business hours. EXHIBIT .L GRE~~:~7REE '-\;:'.</' ' Green Tree Consumer Discount Company Manufactured Howing Divi5ion 105 Bradford Road Stonewood Commons III SUite 200 Wexford, PA 15090-6920 phone 800-245-1340 fax 724-934-7174 GT5er\:\jnq (010, JACKSON S STARLiPER 38 N PENN ST SHIPPENSBURG, PA 17257 Post-Bankruptcy Accounts Only: NoReaffJrmation Signed NOTICE OF DEFAULT AND RIGHT TO CURE Date of Notice, 2/23/06 THIS IS NOT A BILL. TIllS STATEMENT IS FOR INFORMATIONAL PURPOSE ONLY. If you were an obligor on tbis account prior to tbe filing of a Cbapter 7 bankruptcy, and you have received a discharge, and if the debt was not reaffirmed in the bankruptcy case, Greentree Finance Consumer Discount Company ("Greentree Finance") is exercising only its rights under the security agreement as allowed by law. Greentree Finance is not attempting any act to collect or recover tbe discharged debt as your personal liability. If tbe amount requested is not received by the stated date, Greentree Finance may exercise its right to seek possession of the collateral. RE: Credit Transaction: Manufactured Home Debt Account Number 73505148 (the "Contracl") The Contract is in default. Such defauh consists of our failure to receive the Contract's monthly payments as scheduled. Greentree Finance retains a security interest in the collateral securing the Contract. The terms of the Contract provide that in the event of default, Greentree Finance can repossess/foreclose the collateral, subject to a right to cure such default. If the default is cured, you may continue to possess the collateral as if there had been no default. PLEASE NOTE THAT YOUR PERSONAL OBLIGA TION TO PA Y THE CONTRACT HAS BEEN DISCHARGED IN BANKRUPTCY AND THA T YOU ARE UNDER NO OBLIGATION TO CURE THE DEFAULT. CURE OF DEFAULT, The default may be cured by our receipt of $63] .65 withm 30 days from the postmarked date of this notice CREDITORS' RIGHTS: If Ihe default is not cured in the time allowed. Greentree Finance may exercise its right under the law and the Contract, which include repossession and/or foreclosure of the home. In the event of repossession, the home will be sold at a private or public sale as provided by law. You have the right to redeem the home until such sale is held. If you have any questions, you may write to Greentree Finance at the above noted address or call 1-800-245- I 340 during normal business hours. EXHIBIT \) VERIFICATION I, Dalton Baskerville, Collections Manager, and duly authorized representative of Green Tree Consumer Discount Company do hereby depose and say subject to the penalties of 18 Pa. c.s. S 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Replevin are true and correct to the best of my information and belief. ;(L/L.~J~ Dalton Baskerville Collection Manager Green Tree Consumer Discount Company x) (:) ~ rp if': 1".' '0 n .'..:";.. C) C , L':," ., ~. ~. if'; (.j" ::rl..,., "'. "../J -<.. rnp u( ~T) r~ I '9 - Q .j:.- (~?t:.l - 0 "'j 'c ;J -0 -rJ ".', ~. . ~ ....( m {)J 0-, c.") r- ~. ~ C) _JJ -C b ~ -f-. -'- / ----- . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 06-2526 Civil Term v. TYPE OF PLEADING: Praecipe to Discontinue Jackson S. Starliper and Vicki J. Starliper, Defendants. FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company, COUNSEL OF RECORD: Edward F. Voelker, Jf. PA J.D. #55414 Chad R. Callahan P A J.D. #82058 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 06-2526 Civil Term v. Jackson S. Starliper and Vicki I. Starliper, Defendants. PRAECIPE TO DISCONTINUE To the Prothonotary: Kindly discontinue the above matter, without prejudice. Respectfully submitted, VJ\~~... &;ASSOCIATES, P.c. Lf/( . Chad R. Callahan Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 o ~ <:.:.. -oi'\ t'"l"1 r ~~ "'""':7 ,.',' ~;:;, "(" q ;::: ~.~ ~'~~., J:-~ C -';,.<>- ~ -... r--> = = c::r" ::Jt ~ -<. o -0 3 c.:? ~ -4 :::I:.,., n'f: -oe3 ~p J. Ou ::? --r. .'- ....\1 QB ~rn g ~ ~ -J SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-02526 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS STARLIPER JACKSON S ET AL 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: STARLIPER JACKSON S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOT SERVED , as to the within named DEFENDANT , STARLIPER JACKSON S 38 NORTH PENN STREET SHIPPENSBURG, PA 17257 SERVICE STOPPED PER FAX FROM ATTORNEY. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 10.00 .00 28.00 /.;:::::=:::::::=-'-=~ R. Thomas Kl in--- Sheriff of Cumberland County ~ jl:1L/I/)~ Sworn and subscribed to before me VOELKER & ASSOCIATES 05/08/2006 this day of A.D. Prothonotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-02526 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS STARLIPER JACKSON S ET AL 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: STARLIPER VICKI I but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOT SERVED , as to the within named DEFENDANT , STARLIPER VICKI I 221 SHIPPENSBURG MOBILE ESTATE SHIPPENSBURG, PA 17257 SERVICE STOPPED PER FAX FROM ATTORNEY. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 """ County VOELKER & ASSOCIATES 05/08/2006 Sworn and subscribed to before me this day of A.D. Prothonotary