HomeMy WebLinkAbout06-4623IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount CIVIL DIVISION
Company, successor servicer of l
GreenPoint Credit, LLC, No (!:)t.
Plaintiff,
Complaint in Civil Action,- Replevin
V.
Eldon E. Miller,
Defendant.
Filed on behalf of:
Green Tree Consumer Discount
Company, successor servicer of
GreenPoint Credit, LLC
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. §
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 RECEI PT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER; IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECTTHE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY 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 of
GreenPoint Credit, LLC,
CIVIL DIVISION-
No.
Plaintiff,
V.
Eldon E. Miller,
Defendant.
NOTICE
Complaint in Replevin
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 of
GreenPoint Credit, LLC,
CIVIL DIVISION
No.
Plaintiff,
V.
Eldon E. Miller,
Defendant.
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
ANr1 Novo rnmac (;roan Tray (.nnci imar niccni int t^mmnanv ci irrtnaccnr caniicar
of 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 servicer of 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, Pennsylvania 15090.
2. Eldon E. Miller, hereinafter referred to as "Defendant," is an individual whose
last known address is 8 Robyn Drive, Newville, Pennsylvania 17241.
3. On or about April 18, 2000, Defendant purchased a 1998 Champion Home
Builders Duchess Manufactured Home, Serial Number 14014E, (the "Mobile Home"), from
GreenPoint Credit Union, (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 perfected its interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B." Seller assigned its interest in said Security Agreement to Plaintiff,
Green Tree.
5. Plaintiff avers that the-approximate retail value of said Mobile Home is
$28,000.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of July 31, 2006, the Defendant's payments of interest and
principal were in arrears in the amount of $950.39. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of July 31, 2006, is $34,093.04.
7. 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."
8. Defendantfailed to cure the default or return the Mobile Home upon Plaintiffs
demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to,immediate possession of said Mobile Home.
10. 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.
11. In order to brino this action Green Tree Consumer Discount COmnany.
successor servicer of 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 of 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 of GreenPoint Credit, LLC, alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, successor
servicer of GreenPoint Credit, LLC, requests:
a) judgment against Defendant in the amount of $34,093.04 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 ID Number: 5274
Attorney for Plaintiff
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
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
LAGreen Tree\GenereftVedfim ion.Amelio.wpd
PENNSYLVANIA MH FIXED RATE DIRECT LOAN
NOTE, DISCLOSURE AND SECURITY AGREEMENT,
AND AGREEMENT TO ARBITRATE
(Agreement)
BORROWER(S): NAME: ELDON E. MILLER
NAME:
NAME
BORROWE R'sNAME: "' _ - -
ADDRESS:6U48 LINCOLN HIGHWAY
' LOANPLAN: N'U1 U413UU
'FOR . OFFICE NUMBER: 79020
OFFICE LOAN SOU F, tQ
USE. '. 1
ACCT.NO.
I
ONLY TRACS NO.:' .
FUND)NOCODE.
COUNTY:
CRY: B
STATE: PA ZIPCODE15522 PHONE; 814) 623-6209 s.sec.#(s): 196-42-04b2
LOCATION OFMANUFACTURED HOME: 8 ROBIN DR, NEWVILLE, PA 17241 _
mp,
"I," "me," "myself" or "us" means all persons who sign this Agreement as borrower or co-borrower, jointly and severally, and
"you" or "your" means the Lender indicated below. On the date of this Agreement, I borrow from you the Unpaid Balance shown
below. The manufactured home described below, together with furnishings, equipment, appliances and accessories affixed to
the manufactured home (called "Manufactured Home') secures this loan as set forth in the Security Agreement contained
herein.
LENDER: GREENPOINT CREDIT, LLC
PROMISE TO PAY: I promise to pay you at such address as you may direct the principal sum of:
4,021.50 ), (the 'Unpaid Balance') or so mucn as may
o?
per year until the debt is paid in full. The Unpaid Balance shall include and I will pay interest on any prepaid finance charges you
agreed to advance me. I will pay this amount in monthly installments as shown herein in the Payment Schedule until the Unpaid
Balance plus al( accrued interest is fully paid. Additionally, I promise to pay any other charges that I may owe under the
Agreement. If on 04/3.7/20 1 still owe any amount under this Agreement, I will pay such amount in full on that date,
which is called the 'Maturity Date." When you calculate interest, every year shall have 360 days and every month shall have 30
days and each monthly payment will be applied as of the scheduled due date.
ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments
The oust of my credit as a yearly rate: The dollar amount the credit will The amount of credit provided The amount]-will have paid afterI
costme; to me or on my behalf: have made at payments as scheduled:
14.01 % $ 64,599.30 $ 32,521.50 $ 97,120.80
. .. ...... Fln. harge+AmountFln.
PAYMENT SCHEDULE:
e
paymnt..
'aymehts
AmouittOf payments
.. vhuk6.Payments Are Due (Estimated)
My 240 $ 404:67 Monthly, beginning MAY--17 200-0
payment, $ ,00 Monthly, beginning
be
schedule
'
will be:
$ , 0 0
Monthly, beginning
.
Prepayment: t 1 pay off early, I will not have to pay a penalty, f
security: I give you a security Interest In:
X the Manufactured Home and household goads.
Late Charge: It the Unpaid Balance is greater than $25,000.00 and If the paymentis more than 15 days fate, 1 Y41 be charged a late charge of 5% of the
unpaid amountof such payment notto exceed $5.00.
Assumptlon: Someone buying my Manufactured Home may not assume the remainder of this Agreementonthe original temwswitroutyourprior written
consent
Security Interest Charges: Security Interest Fees$ 0.00
Seethe terms of this Agreementfor additional information about nonpayment, default, required repaymentin fug before the scheduled date, and prepayment
refunds and penalties.
If you do not meet your obligations undi actured Home and other household goods.
HBPA1e11-0199 EXHIBIT "A" PAGEl OFB
,
1Kr.TINL:-
Description of TRADE NAME: CHAMPION HOME BUILDERS MODEL. DUCHESS
Manufactured
Home:
YEAR: 1998 NEW: USED: _ X LENGTH: 60 fL WIDTH: 28 ft
SERIAL
NUMBERS:
ITEM 71- SERIAL NUMBER tTEM SERIAL NUMBER
ADDITIONAL _
ACCESSORIES _
AND FURNISHINGS: -
ITEMIZATION'OF AMOUNT E . SURANCE
1. a Amount of credit provided tome or on my behalf: PROPERTY INSURANCE: Property Insurance on the
$ 32, 494.00 Manufactured Home is required for the term of this
b. Amount credited to my account Agreement. I have the right to choose the person
$ through whom it is obtained. By marking my initials
2 Amounts paid to others on my behalf.' next to a "Type of Insurance" listed below, I elect to
a. To Insurance Companies: buy the insurance coverage indicated for the term and
(1) Property Insurance $ premium shown, and I want you to finance it on this
(2) Credit Life Insurance $ Agreement.
b. To Public Officials: Type of Insurance Term- Premium
(1) Certificate of Tide $ 27.50
... _ physical Damage coverage $
(2) FILING FEE
$ _ $
c. To: $
For'
$ LIABILITY INSURANCE COVERAGE FOR BODILY
d. To: INJURY AND PROPERTY DAMAGE CAUSED TO
For. OTHERS IS NOT INCLUDED UNLESS INDICATED
IN THE PRO
{ PERTY INSURANCE SECTION ABOVE.
$
e. To: CREDIT LIFE INSURANCE: CREDIT LIFE
For. - INSURANCE IS NOT REQUIRED, FOR THIS
AGREEMENT OR
f A FACTOR IN ITS APPROVAL. IT
$
'
' WILL NOT BE PROVIDED UNLESS I SIGN BELOW
i. To: i iiv
AivvUTAL RESOURCES & ASST, uF
''HE AND AGREE TO PAY THE ADDITIONAL COST
If 1
For: BROKER FEE .
elect Credit Life Insurance
the name(s) of the
{ $ 1,500.00 ,
proposed insured(s) are:
g. To. Proposed Insured
For: Pro
osed Insured
p
$
h. To: (Only souse can be insured join
tly.)
For This insurance may not pay off the entire Unpaid
$ Balance under this Agreement. The exact amount of
t. To: coverage is shown on my policy or certificate. My
i
For s
gnature indicates my election to obtain Credit Life
Insurance
f
th
d
coverage
or
e term an
premium shown:
$
j. To: Type of Coverage Term Pre
iu
For: m
m
-
$
k. To:
'
Single $
For: Joint
_
3. Amounts paid to Lender: $
.................. ...... (signature)
Date
For:
4. Unpaid Balance (1aandlb,plus 2and3).. $ 34,021.50 (signature) Date
5. Prepaid Finance Charge $ 1, 50 0 . 0 0 (if joint coverage is desired, both proposed insureds must sign.)
6'AmoulFinanced(4minus5) $ 32,521.50
* 1 understand and agree that a portion of certain of these 041300
amounts may be retained by you, your affiliate, or the Seller of
the goods or services.
HSPA1e1 UO199
Vic 1av11VAL I:VYT /'/Ay,(, PAGE20F8
ADDITIONAL TERMS AND CONDITIONS
SECURITY INTEREST: I grant you asecurity 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 and affixed to the Manufactured Home including but not limited to the items listed as "Additional
Accessories and Furnishings" on page 1 of this Agreement, (3) any refunds of unearned insurance premiums financed in this
Agreement, (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 all
my obligations under this Agreement, including any additional debt arising because of my failure to perform my obligations under
this Agreement and includes any contractual extensions, renewals or modifications. Notwiths)anding any other provision of this
Agreement you are not granted and will not have a non-purchase money security interest in household goods to the extent such
a security interest would be prohibited by applicable law. To the extent permitted by applicable law, my execution of this
Agreement constitutes a waiver of my personal property and homestead exemption rights to the Manufactured Home herein
described. 1 also authorize you, at my expense, to sign and file, without my signature, such financing and continuation
statements, amendments, and supplements thereto, and any other documents which you may from time to time deem necessary
to perfect, preserve and protect your security Interest In the Manufactured Home, 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. I
also agree to pay any filing or recording fees necessary for you to get and keep in force your security interest, and any release
fees after this Agreement is paid in full.
PREPAYMENT: I MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 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. Any prepaid finance charges are earned when paid. If I prepay this loan in full or default and you demand payment of
the entire balance due, no portion of any prepaid finance charge will be refunded.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide uninterrupted physical damage insurance coverage protecting the
Manufactured Home for the term of this Agreement 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 (unless state law
requires otherwise) to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance 1 owe
from time to time under this Agreement (the "Minimum Coverage"). The insurance policy will contain a loss payable clause
protecting you (as your interest may appear), and provide for a 10-day notice of cancellation to you. Unless you consent in
writing, i shall not add any additional loss payee to the insurance policy. I have the right to choose the person through whom
the property insurance policy is obtained. If my insurance coverage expires or is canceled prior to payment in full of this
Agreement, I must obtain no less than the Minimum Coverage at my expense for the remaining term of this Agreement.
Should I fail to maintain the Minimum Coverage, you may, but are not obligated to, obtain uninterrupted insurance coverage.
To the extent permitted by applicable law, 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 rate provided for in this Agreement, will be added to my debt. 1 will repay such amount in the manner as
required by applicable law, or if none is required 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 to the extent
permitted by applicable law, that you may purchase the insurance from an affiliated company which may receive a profit for
this service.
b. Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and all
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which in
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, 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 otherwise in writing or unless in your sole discretion 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 Agreement, 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.
HSPA1011-0199 ( e
- PAeE90FB
ORIi INAL COPY lIYtTJAL
c. Cancellation of Required Insurance Upon Prepayment in Full. If you have purchased any insurance on my behalf, at my
expense, and if I prepay in full the Unpaid Balance due under this Agreement, (1).you will provide me with any notice
required by applicable law, (2) 1 have the right to cancel the insurance and receive a refund or credit of unearned premiums
or to continue the insurance, but unless I specifically request cancellation, the insurance will remain in effect until the
.scheduled expiration date.
LATE CHARGE: If the Unpaid Balance at the time of execution of this Agreement is more than $25,000.00, then I agree to pay
a late charge if you have not received the full amount of any monthly payment as set forth on page 1 of this Agreement. Only
one late charge will be made on any delinquent installment regardless of the period for which that installment remains in default.
After this Agreement matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you $15.00 (or such higher amount as allowed by law) if any check given to you is
not honored because of insufficient funds or because no such account exists.
EVENTS OF DEFAULT: I will be in default under this Agreement H: (a) I fail to make any payment when due; (b) I break any
other promise I made to you in this Agreement, (c) I fail to make timely rental payments, or to pay other charges and
assessments, relating to the Real Property and/or facility on which the Manufactured Home is located; (d) I violate restrictive
covenants, rules or regulations relating to the Real Property and/or facility where the Manufactured Home is located; (e) I fail to
keep the Manufactured Home in good repair and condition, as you -may reasonably determine; (f) 1 remove the Manufactured
Home from the address shown on this Agreement unless I notify you in advance and receive your written consent; (d) I sell or
attempt to sell the Manufactured Home or to transfer any beneficial interest therein without first obtaining your written consent;
(h) I allow the Manufactured Home to become part of any real estate without first obtaining your written consent; (1) 1 encumber
or abandon the Manufactured Home or use it for hire or illegally; or 0) If any statement of fact, representation or warranty 1 make
to you in my loan application or in this Agreement is false, misleading, inaccurate or incomplete.
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
Agreement. The Notice wilt tell me what my default is and how I can cure it Ncept as otherwise required by applicable law, you
are not required to send me this Notice when (1) you have already sent a Notice three times within tthe preceding one-year
period, (2) 1 have abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist which
could jeopardize your security interest
REMEDIES UPON DEFAULT: If I do not cure the default, you may do any or all 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
Agreement plus accrued interest; (b) you may require that I reimburse you in such manner as required by applicable law, or ff
none is required in the manner requested by you with interest at the rate provided for in this Agreement, the amount of funds you
actually advance on my behalf to correct my default; (c) you may, but are not required to, pay taxes, insurance premiums, fees,
expenses, charges; rents or assessments respecting the Manufactured Home, or satisfy liens, on or to make repairs to the
Manufactured Home If I have not done so as required in this Agreement: (d) to the extent permitted by applicable law, you may
cancel any insurance for which all or a part of the premiums or charges was financed by you; obtain a refund of unearned
premiums or charges, and apply those amounts against the Unpaid Balance, or (e) you can repossess the Manufactured Home.
If you are not required to send me the Notice of Default and Right to Cure Default, you will have these rights immediately upon
my default, If you repossess the Manufactured Home, and I do not exercise any right to cure or redeem the Manufactured Home
that I may have, you may dispose of it as required by applicable law. You will give me written notice at least fifteen (15) days
before any repossession sale. The notice shall be sent to the address shown as Borrower's Address section on the first page of
this Agreement or to any other address which i later give you in writing. Before the sale I still may get back the Manufactured
Home If 1 (1) pay you all installments due or past due at the time of delivery of the Manufactured Home back to me, (2) pay you
all unpaid delinquency or deferred charges, (3) pay you your costs of suit, including but not limited to attorneys' fees to which
you have a right under Agreement, (4) cure any other defaults which may have occurred, and (5) if my default at the time of
repossession exceeded fifteen (15) days, the expenses of retaking, repairing and storing the Manufactured Home allowed by
law. You will apply the proceeds of any repossession sale (1) first, to your expenses in selling the Manufactured Home, then (2)
to your costs of retaking, repairing and storing the Manufactured Home, then (3) to your reasonable and actual court costs and
any attorneys' fees to which you have a right under the terms of this Agreement, then (4) to late charges, and then (5) to the
balance still due. If there is any surplus money from the repossession sate, [twill be refunded to me. If there is still a balance
due you, I must pay it to you, except as otherwise provided by law. If you repossess, you also may take possession of any other
property anywhere in or attached to the Manufactured Home. You agree to return all such property to me upon my request. You
may hold the property for me at my risk without liability on your part. If you take possession of any such property, you will notify
me in writing. If I do not then promptly claim and take possession of this property, you have my permission to dispose of it in a
reasonable manner. I will pay any reasonable charges which you may incur for storing or shipping such property. All remedies
are cumulative and you may enforce them separately or together in any order you deem necessary to protect your security.
HSPA7911-0199 ORIGINAL -COPY /_ _ - PA3E40FB
ARBITRATION OF DISPUTES:
a. Arbitration. You. and I agree to arbitrate any and all (1) disputes, torts, counterclaims, or any other matter in question
between you and I arising out of, in connection with, or in any way relating to this Agreement ("Claims") (including whether a
Claim rqust be arbitrated) and (2) any Claims arising out of, in connection with, or relating to a transaction involving you and I
and one or more third parties who have not signed this Agreement which a third party elects to arbitrate ("Third Party
Claims"). However, neither you or I can require the other to arbitrate (1) any proceeding in which a lien holder may acquire or
convey title to or possession of any property which Is security under this Agreement, or (2) an application by or on behalf of
me for relief under the federal bankruptcy laws or any other similar laws of general application for the relief of debtors.
Enforcement of this exception to arbitration at any time will not waive the right to arbitrate any other Claim or Third Party
Claim, including those asserted as a counterclaim in a lawsuit under this exception to arbitration.
b. Rules. The arbitration shall be (1) binding, and (2) governed by (i) the Federal Arbitration Act (Title 9 of the United States
Code); (ii) the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (the
"Arbitration Rules") in effect at the time arbitration is requested, and (Ili) this Agreement. A copy of the Arbitration Rules, free
of charge, may be obtained by calling (800) 778-7879. The arbitrator shall have all powers provided by the Arbitration Rules
and this Agreement and shall apply the law, including but not limited to all statutes of limitation, which would otherwise apply
in a judicial action to a Claim or a Third Party Claim.
The award of the arbitrator(s) shall be in writing and include a statement of reasons for the award. If the terms of this
Agreement and the Arbitration Rules conflict, the terms of this Agreement shall control the extent of the conflict. The
arbitration shall be conducted in the federal judicial district where my residence is located, or at any other place mutually
acceptable to you and I. The arbitration hearing shall begin within forty-five (45) days of the demand for arbitration.
If I have the right to rescind this Agreement, rescinding it will not rescind this agreement to arbitrate,
You and I agree that the arbitration proceedings are confidential. The information disclosed in such proceedings cannot be
used for any purpose in any other proceeding. This Agreement is the only agreement between you and I regarding
arbitration, and takes the place of any prior agreements to arbitrate Claims. This Agreement may be modified only by a
written agreement between you and I.
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WITH A JUDGE
OR A JUDGE AND JURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER RELIEF ONLY TO YOU OR I.
THERE SHALL BE NO CLASS CLAIMS OR RELIEF. ANY DAMAGES AWARDED BY THE ARBITRATOR SHALL BE
LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND i EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAL,
PUNITIVE OR TREBLE DAMAGES.
ATTORNEY FEES: If i prevail in any legal action or arbitration proceeding which is commenced in connection with the
enforcement of this Agreement or any instrument or agreement required under this Agreement, or in connection with any dispute
relating to this Agreement, 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, or the arbitrator(s) in accordance with the law. If you
prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, 1 will pay any
reasonable fees paid by you to an attorney who is not your salaried employee, together with court costs and necessary
disbursements to the full extent permitted by law.
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 1 sell the Manufactured Home, unless such fee Is prohibited by law; (c)
except as otherwise provided by applicable law, to pay interest at the rate provided for in this Agreement on the remaining
unpaid balance plus accrued interest, from the data of maturity until paid in full; (d) 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
Agreement; and (e) If another person attempts to make payments an my behalf, you are not obligated to accept them. If you do
accept them, you are not releasing me or waiving any of your rights against me, and I authorize you'to discuss with another
person who is making payments on my account any information about this loan, including its status and your collection
procedures and remedies.
ASSIGNMENT: You may assign this Agreement to any person or entity. All rights granted to you under this Agreement shall
apply to any assignee of this Agreement.
HSPAIOII-0198
ORIGINAL COPY PAeE60F8
/IY/TIRl?
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. Unless prohibited by app))cab)e law,
you may sell or otherwise furnish information about me, including insurance information, to all others who may lawfully receive
such information, including spec information about the Manufactured Home, and any insurance policies on the Manufactured
Home and the Real Property to any insurance agent to enable such agent to quote premiums to me and solicit my insurance
business.
WAIVER, MODIFICATION, INTEGRATION: Your waiver of any default shall not constitute a waiver of any other default. No
term of this Agreement shall be changed unless in writing and signed by one of your officers. This Agreement and other
documents executed by me in connection with this Agreement, 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 Agreement. By choosing or exercising one or more
remedies herein, you do not waive your right to later use or pursue one or more other remedies, except as limited by applicable
law.
VALIDITY: Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective and
valid under applicable law, but If any provision of this Agreement shall be prohibited by or invalid under applicable law, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement. This Agreement shall be of no effect until and unless signed by me and
accepted by you. In no event shall any charge under this Agreement exceed the highest amount allowed by applicable law. If
any excess charge is received such excess shall be refunded or applied to the Unpaid Balance.
GOVERNING LAW: Each provision of this Agreement shall be construed in accordance with and governed by the laws of the
Commonwealth of Pennsylvania, provided that to the extent you have greater rights or remedies under federal taw, such choice
of state law shall not be deemed to deprive you of such greater rights and remedies under federal law.
NOTICE: You will send all notices concerning this Agreement or my loan to me at the address listed on the first page of this
Agreement unless I notify you in writing otherwise.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, AND AGREE THAT THIS AGREEMENT SETS FORTH OUR ENTIRE
AGREEMENT AND THAT NO OTHER PROMISES HAVE BEEN MADE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT AT THE
TIME OF SIGNING
Borrower- Borrower
ELDON E. MILLER
Borrower
Borrower
DATE 6F THIS
AGREEMENT: ?_ g HBO
rtsPaim:mes - 041300
PAGEBOF6
ORIGINAL COPY _
CERTIFICATE OF TITLE)FQR A VEHICLE
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EXHIBIT "B"
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, NV, NH, NJ (HO), NM, NY, NC, ND, OH, OK, OR, PA (110)
X III, SD, TN, TX (110), UT, VT, VA, WA, WV (1,11), WY
NOTICE OF DEFAULT
AND '?"r G R?TA` T1T'? ?R?i` ?j`
,,,`
RIGHT TO CURE DEFAULT
Date of Notice: 07/05/2006 Certified Mail Receipt No. 71067112169392291726
Eldon E. Miller Green Tree Consumer Discount Company
8 Robin Dr 105 Bradford Rd SC III Suite 200
Newville, PA 17241-9319 Wexford, PA 15090
800-643-0202
Account No: 735050916 Creditor: Green Tree Consumer 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 within 30 days from the postmarked
date of this Notice.
If you correct the default, you may continue with the contract as though you did not default.
Your default consists of. 2 payments past due(plus $15.00 in fees and charges) totaling $629.25.
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $629.25, which
consists of $614.25 for past due payments and $15.00 for late charges, or by doing the following: NA
Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the
law by taking legal action to repossess or foreclose on its collateral.
If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark
of this Notice, the maturity of this contract is automatically accelerated and full payment of the contract in the amount of
$34,116.56 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges
accrued after the date of this notice shall also be due and payable. You have the right to reinstate after acceleration and the right
to assert in the foreclosure proceeding the nonexistence of your default or any other defense you may have m 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 pay by mail, send a cashier's check or
money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree.
This is anI atfet("dty&&ct a debt and any information
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EXHIBIT "C"
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dr,n, I PS Form 381 -7
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-04623 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
MILLER ELDON E
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
MTT T_LID L'T.nnTTT "P the
DEFENDANT , at 1028:00 HOURS, on the 30th day of August 2006
at 8 ROBYN DRIVE
NEWVILLE, PA 17241
LINDA MILLER, WIFE
by handing to
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 11.44
Affidavit .00
So Answers:
Surcharge 10.00 R. Thomas Kline
.00-
39.44,/ 08/30/2006
DYER LAW FIRM
Sworn and Subscibed to By:
before me this day Deputy S riff
of A. D.
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
QL -!qL2 a CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573