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HomeMy WebLinkAbout06-3106 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, v, Patricia A. Zeiders and Dale W. Zeiders II, Defendants. CIVIL DIVISIO No. Ot.., - lob TYPE OF PLEA ING: Complaint in Re levin 01 u~ CTflV,-Vt FILED ON BEH LF OF PLAINTIFF: Green Tree Cons er Discount Company COUNSEL OF CORD: Edward F. Voelk r, Jr. PA LD. #55414 Chad R. Callahan PA LD. #82058 Voelker & Associ tes, P.C. Firm #332 Suite [410, Alleg eny Building 429 Forbes Aven Pittsburgh, PA 15 19-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO NTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISIO Plaintiff, No. v, Patricia A, Zeiders and Dale W, Zeiders II, Defendants. NOTICE Yon have been sued in court. If you wish to defend against the clai s set forth in the following pages, you must take action within twenty (20) days after this comp aint and notice are served, by entering a written appearance personally or by attorney and fili g in writing with the court your defenses or objections to the claims set forth against you. Yon are warned that if you fail to do so the case may proceed without you and a judgment may be ntered against you by the court without further notice for any money claimed in the compl int or for any other claim or reliefreqnested by the plaintiff. Yon may lose money or prope or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT NCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SE FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OF CE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TH T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE 0 NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO TY. PENNSYLVANIA Green Tree Consumer Discount Company, Plaintiff, CIVIL DIVISI No. Ole,- v, Patricia A, Zeiders and Dale W. Zeiders II, Defendants. COMPLAINT IN REPLEVIN / t:J(, C'/u)~~~ AND NOW, comes Green Tree Consumer Discount Company, y and through its attorneys, Edward F. Voelker, Jr., Esq., Chad R. Callahan, Esq. and Voelker & A sociates, P.C., and avers the following in support of its Complaint in Replevin: 1, Patricia A. Zeiders and Dale W. Zeiders II, hereinafter eferred to as "Defendants," are individuals whose last known address is 4 Regency South, CarlisI, PA, 17013-7316 and 106 Vasilios Drive Carlisle P A 17013-9015, respectively. 2, Green Tree Consumer Discount Company, hereinafter r ferred to as "Plaintiff," is a Pennsylvania corporation and is duly authorized to conduct busines in the Commonwealth of Pennsylvania. 3. On or about 03/1711999, Defendants entered into a "No e, Disclosure and Security Agreement, and Agreement to Arbitrate ," hereinafter referred to as e "Security Agreement," whereby Defendants purchased and financed from Green Tree Cons er Discount Co. a 1990 Commodore manufactured home (serial no. C020908AB) with certai furnishings, equipment, -1- appliances, and accessories included at the time of purchase, hereina er collectively referred to as the "Manufactured Home," A true and correct copy of the Security A reement is marked as Exhibit "A" and is attached hereto and made a part hereof. 4, It is believed and therefore averred that the Manufac ured Home is located at the residence of Defendant Patricia A. Zeiders. 5, The Security Agreement was subsequently assigned for alue to Plaintiff as permitted by the Security Agreement. 6. Pursuant to the Security Agreement, Defendants promise to pay the financed amount of $59,092.56. 7, As security for the loan, Defendants, by the Security A reement, granted Plaintiff a security interest in the Manufactured Home, 8. Plaintiff perfected its security interest in the Manufa tured Home by having an encumbrance placed on the title thereto. A true and correct copy of t e Certificate of Title for a Vehicle is marked as Exhibit "B" and is attached hereto and made a p hereof. 9, Plaintiff avers that the approximate retail value of t e Manufactured Home is $30.737,00, 10. Defendants have defaulted under the Security Agreement y failing to make payments when due, As of 05/12/2006, the delinquent payment amount due and wing from Defendants to Plaintiff is $1,879.10. -2- II. As of 05112/2006, the amount owed by Defendants to 1aintiff, not including costs, attorneys' fees and damages for the unjust retention ofthe Manufactur d Home, is $57,842.84. The interest on said amount is accruing at the daily rate of $18.65. 12. Defendants have failed to surrender the Manufactured H me upon Plaintiffs demand. I 13. On 04/26/2006, Plaintiff provided each Defendant with a Notice of Default, true and correct copies of the same are marked as Exhibits "c" and "D" and ar attached hereto and made a part hereof. 14. Plaintiff is now entitled to immediate possession ofth Manufactured Home. 15. Plaintiff is entitled to attorneys fees under the terms of he Security Agreement. WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the value of such in the sum of $30,737.00, plus attorneys fees, costs, int rest from 05/12/2006, and damages for the unjust retention of the Manufactured Home. Respectfully submitted, ad R. Callahan Attorneys for Plaintiff Voelker & Associates, P. Suite 1410, Allegheny Bu Iding 429 Forbes Avenue Pittsburgh, PA 15219-16 4 (412) 765-0543 -3- >>T~ DAft:: 3/22/19 ~~ # 73325747 l7 1<!~'7 , MAKER: um_ It. JWJ: II.. . IIGIIIC'l SOUTII. CAIlLrsu:. PA 17013 MAKER: um_. PAnICa It... 4 IEC1:IIC'l SOUTlI. CAl\t.rsu:. PA 17013 CREDITOR!DUB 'rIlE COIIIllIID DISCOUlIT CO., 105 JIADIOIIl Ill, JLDC IIt.SUlTE 200 llIXPOID, '" 15090 ANNUAL PERCENTAGE RATE (The cost 01 my cr.dlt as a yearly rate.) 12.00 'If> $ mem .w) e: Number 01 manta 300 127621." Total of Peymenta (Th. amount I will have paid alter I have mad. sll paym.nts as scneduled.) A 01 0 Amount Flnen d /Tha amount 01 cr.dit p ovid.d to m. or an my b.h 11.1 $ $ 116714.00 39092." Amount 01 Pa m.nts 622.38 Wh.n Pa menu Ar. Du. Iy beginning 27.30 .OC .00 163.00 3200.00 319.07 2....1 1766. " 1409.31 .00 3680.22 59092." I, I~c:t.~ SECURITY: I am giving a security int.rest in: lilt. Th. menulactured home or moduler home b.ing purchas.d. ~ The manulactured me or modular home b.ing rellnanc.d. -!LIR.eJ prop.rtY located at lilt. LATE CHARGE: II e payment is mar. than 15 days late, I will be charged $ 3 . 00 2. DC '" 01 the payment, whichever is LIS. . PIlEPAYMENT: III pay oIIearty, I will not be charged a prepayment penalty. ASSUMPTION: Someone buying my home mey. subject to und.rwriting conditions, be wed to assume the r.meind.r 01 my obligation on the originaltanns. Se. the Contract docum.nt below lor any additional inlormation about nonpayment, delau t. any raquired repaym.nt in lull belore the scneduled date, and pr'PlYment refunds end penalties. CNAT E TYG ME 1. DEFlNmONS: "". 'm.". "my' meens the Makerlsl. "Vou". "your' means the Credit r. 'ManulactlX.d Home' m.sns the manuflct1Jred home or modular home and any other property described below and on page 2. Agreement- or .Contract" mans this Promissory Note, Security Agreement and Disclosure Statement. lEWDR USED U 1991 VEAR AND MAKE cotIIlODORE I T T FINANe 1. Amount Paid On My B.heII...................... $ Nem. 01 Previous Creditor 215T Clllft1Jr! IIlaTCo\ll 2. Amounts Paid To Others On My Beh.lI: s. Paid to Public Officisls ......................... ... $ b. Paid to Insurance Compani.s ................... $ c. Paid to Appraiser ................................. + $ d. Paid to DATIt. CCIIP ... $ .. Paid to D1SCOVD ... $ I. Paid to IOSCO'" 5 ... $ g. Paid to JOSCOV'S .... h. Paid to ~Alf GIIUAL nil ... $ i.Paidto 5E1t.1ll ...$ j. Paid to roa It.DDlTIOIW. ... $ k. Peid to .u.lUITS TCTIt.LIIIG ... $ 3. Principel Balance (1 ... 2a.-k.1 '................. $ 4. Prepaid Finen," Charges ......................... . $ - $ . $ 5. Amount Financed (3 - 41 ......................... $ ..... ~_.II"It.. !lL Cfoud. MN 1'.IOO.n7.2,1.4l) ,_ GT-MHPNLAZ.Z li221f& PHY PI1yslcel 0..... It.. ..yon. I w..t that I. chockod below I<om . .00 for In.....c. ~ Comprehensive ($ ~ Flood -.!1l. liability ~ Other POL DIT Credit lil. and Olubil credit end will not be p .ddltional cost. The term af this insuranc is 00 ~ Single Credit Life In uranae ~ JOint Credit Ule Ins renee ~ Single Cr.dit Disabil tv Insursnce Total years. . $ $ $ .CC .00 .00 .00 Ost. Manufactured Home MODEL SIZE 64 _AI. SERiAl NUMBE C02Cses,u 28 GT,'D<>>202 _, . ~/~ _'0131 I (' ~Stove ~Ref.or ~ Washer ~ r rl If/A Air Condltio~ 2. LOCATION: The Manufactured Home is located at the following addre.s: 4 UGDCY OUTB, CABLIlILI. PA 17013 . The land on which the Manufactured Home i. located is nod by: UGDCY SOtJTII 3. PROMISE TO PAY: To repay my loan, I promise to pey you "092.56 (the "Principal Balanee') as listed under the -Itemization of Amount .Financed- on page 1, plus interest trom the contract date at the rate Of 12.00 "per .nnum until paid in full by making the "Total of Payments" in accordance with the "Payment So dule" on page 1. I also agree to pay you a late charge for lete payment as shown on page 1. The Total SeI. PrIce Ie 186714.00 ..d my down payment Ie .00 4. SIMPLE INTEREST CONTRACT: Thia ia a simple interest contract. Interest will accrue the unpaid principal belllnee outstanding from time to time. The Flnanee Charge, Total of Payments and Payment Schedule e computed based on the assumption thet payment will be made on the deteS scheduled for payment. Early payments will reduce m final payment. late payments will increase my final payment. My final payment wUI be equal to all unpaid sums due under this A ement. My promise requirea me to pay the tinal payment on the date due even if the amount of the final payment differs from the am unt of the tinal payment disclosed. S. SECURITY INTEREST: I give you a security interest under the applicable certificate of . e law 01 Uniform Commercial Code in the ManutactUl'8d Home and any property added or attached to it, to secure my obligation und this Agreement. I also grant you a security Interest in any interest I may have in premium refunds or proceeds under any ineuranee overing the Manutactured Home. I agree to execute any application for certificate of tide or ownership, financing statement or other cument nece.sary to perfect your security interest in the Manufsctured Home. To the extent. if anv, that any Agreement (wheth r or not accompanied by anyone or more originall constitutes chattel paper las such term is defined in the Uniform Commercial Co 0 in effect in the applicable jurisdiction) no security interest in any Agreement may be created in any documentls, other than the Origl I. 8. PREPAYMENT: I HAVE THE RIGHT TO PREPAY ALL OR PART OF THE UNPAID BALANCE OF THIS AGREEMENT WITHOUT ANY PENALTY. 7. NO WARRANTIES: I agree that there are no warranties of any type covering the anufactured Home. If I am purchasing the Manufactured Home, then it is being purchased AS IS and WTTH ALL FAULTS and TH ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MANUFACTURED HOME IS WITH ME. I agree !/lat anv implied arranty of merchantability and any implied warranty 01 fitness far a particular purpose are specifically excluded and do not cover e Manufactured Home. This No Warranties provision does not apply to the extent that any law prohibits it and it does not cover any SI arate written warranties. 8. PROTECTION OF THE MANUFACTURED HOME: I will: lal keep!/le Manufactured Ham in good condition and not commit waste; (bl pay all taxes. charges and lot rent due fat the Manufactured Home and the real estate it is located on; lcl not move. uae illegally, sell. lease or otherwise transfer the ManufactUred Home; ldl not attac:/l the Menu! red Home to any real estate and the Manufactured Home will always be treated as personal property unless you consent in riting and state taw permits such contrary treatment; and leI not let anybody else have any interest in the Manufactured Home. 9. PERSONAL PROPERTY: I agree that regardle.. of how my Manufactured Home is atta hed to the real property and regardless of how your security interest in my Manufactured Home is perfected and regardless of whe r an affidavit of affixture (or other similar instrument identifying the propertY as a fixture) has been recorded. my Manufactured Home is and shall remain parsonai property and ia not and shall not become a fixture or part of the real property unless you consent in writing and state law permits a contrary classification. I agree to pay any and all personal property taxes assessed against my Man actured Home and agree that failure to pay such taxes shall constitute a default under paragraph 14 on page 3. 10. INSURANCE: J will keep the Manufactured Home insured against such risks and in au h amounts IS you may reasonably require with an insurance company satisfactory to you. I will arrange for you to be named as loss ayee on the policy. I agree to provide you written evidence of insurance as requested by you from time to time. If you finance the p rchase of any such insurance for me. I win repay you for the cost of that insurance. plus interest up to the contract rite of interest. I authorize you to furnish account dlta to a licensed insurance agent of your choice so such agent may SOlicit the purchase of credit. roperty. warranty or other insurance from me. I agree that the insurance company may make any payments due under the pOlicy lrectly to vou. and I direct the insurance company to do so. You may do whatever you think is necessary to be sur. that any procee of the insurance will be used to repair the ManufactlJred Home or payoff this Agreement. I give you a power of attorney (which I ca not cancei) so that you may do whatever you need to in order to collect the insurance proceeds. 111 fail to obtain, maintain or pay for e required insurance. or if I fail to arrange for you to be named as loss pavee, you may treat that as a default of my obligations under this Agreement, and you may (but are not required tal purchase such insurance. If you purChase such insurance. I will immediately repay you for any amounts you spend in purchasing the insurance. plus interest up to the contract rate of interest or, at your opti . pay you over time as' a workout of the obligation. If I owe you for any insurance lor for late charges. attorney fees or collection c stsl. I understand that I owe an additional sum for these debts beyond my monthly principal and interest payment. MV monthly payme t will therefore be greater than that stated on page 1 until such additional debts are paid in full. 11. CHARGES: UENS: I shall pav all taxes. assessments and other charges. fines and im ositions attributable to the Manufactured Home which may attain a priority under this Agreement. I shall promptly furnish to you all tices of amounts due under this paragraph and, if I make payments on any such amounts directly, I shall promptly furnish to you r clipts evidencing such payments. I shall promptly discharge any lien which has priority over this Agreement provided that I shall no be required to discharge any such lien so long 85 I shall agree in writing to the p8Vmem of the obligation secured by such lien in a man er acceptable to you or shall in good faith contest such fien by. or defend enforcement of such lien in. legal proceedings which operat to prevent the enforcement of the lien or forfeiture of the Manufactured Home or anV part thereof. . 12. INSPECTION: You mav make. or cause to be made, reasonable entries upon and inspee ions of the Manufactured Home, prOVided that you shall give me notice prior to any such inspection specifying reasonable caus therefor related to your Interest In the Manufactured Home. 13. FORBEARANCE 8Y CREDITOR NOT A WAIVER: Any forbearance by vou in exercising a y right or remedv hereunder, or otherwise __.. ~_. ... w. _......."'" ..."'" .. _.o.. _ ....... . _"'. Tho ~. ,...- or the payment of taxes or other liens or charges by you shall not be a waiver of you right to accelerate t e maturitY of thIS indebtedr,ess secured bV this contract and declare a default herein. /7 . .......S"...,...JN:..St.CIoucI.MHI1.fOO.387-2341J lIonnOT.MHPNLAZ..2 SJ22IH OIlCllfAL GT.lg...(>> 2 14115>> ~~ . "....Z",31 I t.,?"''''I-C:;'11 j~ UIllDS It - 3"071 14. DEPAUL,.: I wHI be in default if: OJ (-;~make : blv,,(ellf an ~rl.e or Oil I do r~ k p any of my ather promis"" under this Agreement;' or (iii) I file a case, ar someone lea a case agaif1$t me, u der the Uni~c.... I Bankruptcy Code; ar (iv) you feolln good faith that the Manufactured Hom. is in er or that I will not be abl. to continu. my ents. The default described under 1M doe. not apply if this Agreement is guaranteed by the Veteran~s Administration. You will giv me notice of the default except when I YollM'ltarily surrender or ebandon the Manufactured Home. I will have the right to cure the d ult during the notice period. If I do nOt cure the default you may do .ither or both of the followillll: Cal Acoeleredon: Vou can "quir me to immediately pay you the entire remaining balln~e of this Agreement; and/or (h) Repoas....on: You can repossess the ~nufa red Home. Onee you get, possession of the Manufactured Home you may sell it. If the amount from the sale, after expenses. IS less an what I owe you. I will pay you the difference. If there is any property left in the ManufactUred Home when you r.poss.... you ay dispose of it as provided by law. If I default, you can do whatever is necessary 10 correct my default. If you spend money to orrect my default, I will pay you back immediately with interest at the contract rate of interest. 15. NOTICE: Except for any notice required uncler applicable law to be given in another man r. (a) any notice to me provided far in this Agreemant shall be given in writing by mailillll such notice by certified mail, addresaed to me at the ManufactUred Home address or at such othOl addr... as I may d.signate by notice to you in writing, and (b) any notice to ou shall be given in writing by certified mail. retum receipt requested, 10 your address stated harein or to such ather address 8$ you m designale by notice to me in writing. 18. TRANSFER OF PROPERTY, ASSUMPTION: If all or any part 01 the Manufactured Home r interest therein is sold or otherwise transferred by me without your prior written consent, excluding the creation of a purchase money security interest for household appliances, you may, at your option. dectare ail the sums secured by this Agreement to b immediately due and payable. If you ex.rcia. such option to accelerate. you shall mail to me thirty (30) days prior notice of acc eration in accordance with the notice provision herein. If I fail to pay suCh sums prior to the expiration of such period. you may. w hout further notice or demand on me. invoke any remedjes permitted under 'aw. 17. ATTORNEY'S FEES: If you hire an attomey who ia not a salari.d employee to collect wha I ow. under this Agreement or to get ,ossession of the Manufactured Hom. or to enforce my agreements herein, I will pay your MOry anorney's fees plus court costs ,nd out-of-pocket exPenses. , 8. MISCELLANEOUS PROVISIONS: This written Agreement is the only agreement that cover my loan. Thia Agre.ment can only be ,,"odified or amended or provis;ons in it waived Igtvln up) by a written modification to this Ag ment signed by you. You can decide lOt 10 use or enforce any of your rights undOl this Agreement without losing th.m. For examp e. you cen extend the time for making ,orne payments without extending others. If any part of this Agreement cannot be enforced ecause of a law which prohibits it, all 'ther parts can still be enforced. 1 agree to pay you all allowabl. charges for the return by a dep Sitory inatitution of a dishonored check Jr oth.r negotiable instrument to the lull extent provided by applicabla law. I agree to cooperat with you regarding any requests after ::Iosing to correct errors made concerning this Agreement or the transaction and to provide any and all additional documentation jeemed necessary by you to complete this traneaction. 19. ARlrrRATlON: All disputes, ciaims or controversies ariaing from or relating to this Contract or tha parties therSla shall be resolved ly binding arbitration by one arbitrator se'ected by you with my consent. This arbitration agree ent is made pursuant to . transaction n interstate commerce and shall be governed by the Federal Arbitration Act at 9 U.S.C. Section 1. Judgment upon the award rendered nay be entered in any court havillll jurisdiction. The parties agree and understand that they c se arbitration instead of litigation to 'esolve disputes. The parties undarstand that they hay. a right or opportunity to litigate dis utllS in court, but that they prefer to 'esolve their disputes through arbitration, excapt aa provided herein. THE PARTIES VOLUNT RIL Y AND KNOWlNGL Y WAIVE ANY lIGHT THEY HAVE TO A JURV TRIAL, STHER PURSUANT TO ARBITRATION UNDER THIS LAUSE OR PURSUANT TO A COURT ~CTION 8V YOU (AS PROVIDED HEREIN'. Th. parties agree and understand that all disputea ari illll under case law. statutory law and III other laws including, but not limited to, aU contract. tort and property disputes will be subje to binding arbitration in accord with his Contract. The parties agree that the arbitrator shall have all powers provided by law, th Contract and the agreem.nt of the larties. These powers shat! include all legaJ and equitable remedies includ;ng, but not limited to. oney damages, declaratory relief and 1junctive relief. Notwithstanding anything hereunto the contrary, you retain an option to use j dicial (filing a lawsuit) or non-judicial alief to enforce a security agreement reJating to the Manufactured Home secured in a transactio underlying this arbitration agreement, o enforce the monelary Obligation secured by the ManufactUred Home or to forectose on the nulactured Home. The institution and :"\aintenanCB of a lawsuit to foreclose upon any collateral, to obtain a monetary judgment or e orce the security agreement shall not onstitute a waiver at the right at any party to compel arbitration regarding any other dispute remedy subject to arbitration in this :ontract, including the filing of a counterclaim in a suit brought by you pursuant to this provision. NOTICE TO MAKER!S): 1. DO NOT SIGN THIS AGREEMENT BEFORE YOU R D IT OR IF IT CONTAINS ANY BLANK SPACES, 2. YOU ARE ENTITLED TO A COPY OF T S AGREEMENT. MAKER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF T IS AGREEMENT. CAUTION - IT IS IMPORTANT THAT YOU OROUGHL Y EAD THE ENTIRE AGREEMENT BEFOR Y U SIGN IT. lakerX Od,_~~ Signature DALE W. ZEIDlII8 II I ~-/7-"9 DATE .,..,. sYUerM. 11'1I., St. C1..... MN 11-100-317.234011 ,.,.,. or-MHflNLAZ'l 1121111 -... GT.lo.oo.~2 14115J liMP 3.f 31 -~- I ..~............ ~_""''''.JdrlIl_'''''''''' . owner."'" 10 IIUMlolnt ownlIf.) ! ....btlUUld."T_lnCotrwnan. : ......, __ 9l* tit hlI/Mf MifI at ; ISTL4JlPAn, 11- no , l,lTlllfil<<JUlUl i anur ;cm' o o CD i-> W ~ en f'\) ~1NInruT'JQM"""" ,IHCL*oIOIl" '''-''''---'''~''",",,,,,-- - --...-------- :2NCl~DP , snlEST _~~__OIII...__ ,om x AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH) MI, MN. MO (LH First Liens), MS, MT, NE, NV, NU, NJ (HO), NM, NY, Ne. RI, SD, TN, TX (HO), UT, VT, VA, WA. WV (LH), W MD, ME (LH First Liens) , OR, OK, OR, PA (HO) NOTICE OF DEPAUL T AND RIGHT TO CURE DEFAULT GRE@'REE x Date of Notice: 0412612006 Certified Mail Receipt No 71067112169385292808 Patricia A. Zeiders 4 Regency South Carlisle, PA 17013-7316 Green Tree Consumer Di 105 Bradford Rd SC III S Wexford. P A 15090 800-643.0202 Account No: 733257471 Creditor: Green Tree Con er Discount Company Brief identification of credit transaction: Manufactured Home Account You are now in default on this credit transaction. You have the right to correct this default w thin 30 days from the postmarked date of this Notice. If you correct the default. you may continue with the contract as though you did not default. Your default consists of: 2 payments past due(plus $15.68 in fees and charges) totaling $1,2 6.72. Cure ofderaoli: Within 30 days from the postmarked date of this Notice, you may cure your efault by paying $1,256.72, which consists of $1,241.04 for past due payments and $15.68 for late charges, or by doing the folIo .ng: NA If you fail to cure the total amount of your default within the cure period described above, th as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of contract in the amount of $58,103.94 shall be due and payable without any further notice from the creditor. Additional xpenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reins ate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense y u may have to acceleration and foreclosure. Creditors rights: If yOll do not correct your default in the time allowed, the creditor may ex ise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. 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 pa by mail. send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting G Tree. This is ani /ltffQNJJfI.l,"""ct a debt and any informaJiol1 ~\ I i , I C.SlQnI.lIn Green Tree Consumer Discount Com Tempe III 7360 South Kyrene Rd Tempe, AZ 85283-4583 y --, 10104 C ~ ~ ()C: zoo" > "z ,...oo OJ;'' Z m " -() ""m ~ ~~ " :D" (j:2m "mO >:DC: -I m o ~ z c ...J ~ c ~ ~ W I- :>0:< OW 0:0 w- a:~M: !i;5il: ~='~ wio 0: ...J Z'" < 0:D.J: :>"'0 1-:>< il' t;j c X D.I.~JKld_dm..nt/Rlm""'l? "VE8....Mr~.~1M1ow: 0_ DAclG~ 0," 0... I 3. SeMce Type CI"'.P.ID MAIL 4. Real~ DeIvery? (ExtrI FwI) 0 YeI 1, ArtidQ AddresMd to: L. PS Form 3811. July 2001 DomeatiC Relum ReceIpt llrMI1 . x AL, AZ, AR, CT, DE, DC, FL, GA. IA (LH PMM), ID. IL, IN, KY, LA, MA (LH. MD, ME (LH First Liens) MI. MN. MO (LH First Liens). MS. MT. NE. NY, NH. NJ (HOl. NM, NY. NC, ,011, OK, OR, PA (HO) RI. SD, TN, TX (BO), UT, VT, VA, WAf WV (LH), W GRE@'REE x NOTICE OF DEFAULT AND RIGHT TO CURE DEFAULT Date of Notice: 04/26/2006 Certified Mail Receipt N 71067112169385292792 Dale W. Zeiders II 106 VasiIios Dr Carlisle, PA 17013-9015 Green Tree Consumer Di ount Company 105 Bradford Rd SC III Site 200 Wexford. P A 15090 800-643-0202 Brief identification of credit transaction: Manufactured Home Account Creditor: Green Tree Con urner Discount Company Account No: 733257471 You are now in default on this credit transaction. You bave the right to correct this default w thin 30 days from the postmarked date of this Notice. If yoo. correct the default, you may continue with the contract as though you did not default. Your default coosists of: 2 payments past due(plus $15.68 in fees and charges) totaling $1,2 6.12. Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $1,256.72. which consists of $1,241.04 for past due payments and $15.68 for late charges, or by doing the folIo ing: NA Creditors rights: If you do not correct your default in the time allowed, the creditor may ex cise its rights against you under the law by taking legal action to repossess or foreclose on its collateral. If you faillo cure the total amount of your default within the cure period described above, the as of 30 days from the postmark of this Notice, the maturity of this contract is automatically accelerated and full payment of contract in the amount of $58.103.94 shall be due and payable without any further notice from the creditor. Additional xpenses, interest and charges accrued after the date of this notice shall also be due and payable. You have the right to reins ate after acceleration and the right to assert in the foreclosure proceeding the nonexistence of your default or any other defense y u may have to acceleration and foreclosure. 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 pa by mail, send a cashier's check or money order. Do not send cash. Other payment arrangements may be made by contacting Gr n Tree. This is anjalffJQiIfIJf.I~cl a debt and any information ~l I i i i , c ~ ~ w I- ::>0:'" cwO: w-O a:!IM: !!;~ll' w-,Cl bl~(5 0: -' z~c( O:",:J: j2::>{) w ;": 0: W C X D.I.~llCld"'~fmllllliltnl? IfYES,_.dIIwry.llclnIublllow: 3. SeMce Type CunPI.D MAIL 4. Realrle1ed DeMvery? (EKtnI FN) 0 Yu 1.,ArtiClIIAddr9III8dto: Green Tree Consumer Discount Com any Tempe III 7360 South Kyrene Rd Tempe, AZ 85283-4583 L. PS Fotm 3811. July 2001 Dof1'lllSllc Return Recllipt P~7101 0..... 0__ 0,. 0", --, 1()!()4 0 ~ ~ nC :J:"'", )>;&z 5 ~::D Z>m ",-n rm ~ ~ 3i "''''''' "''''m Oino "'",c ~ m - '" o iil Z 0 --.J ~ . VERIFICATION I, Dalton Baskerville, Collections Manager, and duly authori d representative of Green Tree Consumer Discount Company do hereby depose and say subjec to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, that the f cts set forth in the foregoing Complaint in Replevin are true and correct to the best of y information and belief. Dalton Baskervi Ie Collection Man ger Green Tree Con umer Discount Company (j ~ 1i \ II( ~ -- Cf1 - \). ~ ~ >J ~ ~ F- ~ '"--<.. ~, ~,.;; r ~ ;:0 G ~l'"_' rllr :.....: -On! "", c.J .{~ ., l <.~<?, ('-~ ;~.,)" ~'\ -;- .-':rn -- ~,~:; '"'b c" :< ,"-.) ......, I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Green Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 06- 3106 Civil Term v. TYPE OF PLEADING: Praecipe to Discontinue l'atricla A, Zeiders and Dale W, Zeiders II, Defendants. FILED ON BEHALF OF PLAINTIFF: Green Tree Consumer Discount Company, COUNSEL OF RECORD: Edward F. Voelker, Jr. PALD.#55414 Chad R. Callahan P ALD. #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, PENNSYLVANIA (;reen Tree Consumer Discount Company, CIVIL DIVISION Plaintiff, No. 06- 3106 Civil Term v. Patricia A, Zeiders and Dale W, Zeiders II, Defendants, PRAECIPE TO DISCONTINUE To the Prothonotary: \Zindly discontinue the above matter, without prejudice. Respectfully submitted, OCIATES, P.C. L Chad R. Callahan Attorneys for Plaintiff I I: , Voelker & Associates, P.c. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 " .,.,."" 1 ' 1') c....) ~ ("', C' SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-03106 P COMMONWEALTH OF PENNSYLVANIA COUNTY Ofo' CUM13ERLAND GREEN TREE CONSUMER DISCOUNT VS ZEIDERS PATRICIA A 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: ZEIDERS PATRICIA A but was unable to locate Her ln his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOT SERVED , as to the within named DEFENDANT , ZEIDERS PATRICIA A 4 REGENCY SOUTH CARLISLE, PA 17013-7316 SERVICE STOPPED PER FAX FROM ATTORNEY Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.80 .00 County Sworn and Subscribed to before me this day of A.D. 1 -I - ..... .... - - - - -- , ,- - - - j SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-03106 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS ZEIDERS PATRICIA A 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: ZEIDERS DALE W II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - REPLEVIN NOT SERVED , as to the within named DEFENDANT , ZEIDERS DALE W II 106 VASILIOS DRIVE CARLISLE, PA 17013-9015 SERVICE STOPPED PER FAX FROM ATTORNEY Sheriff's Costs: Docketing Service Affidavit Surcharge so~answers-:. ... .,.._........_::.:.-~~,:~-' //'~ ~~:>.:::-.~~~.~'_... ~> , / R. Thomas Kline Sheriff of Cumberland County 6.00 4.40 .00 10.00 .00 20.407 VOELKER & ASSOCIATES ~ '1/'110~ 06/22/2006 Sworn and Subscribed to before me this day of A.D. - - - - - -I -- - - ..... .. - .- - ... ...