HomeMy WebLinkAbout00-01401
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401
v.
Nanette Y. Powers and
Gary L. Fesenmyer,
Defendants,
PRAECIPE FOR ISSUANCE OF WRIT OF POSSESSION
To the Prothonotary:
Kindly issue Writ of Possession in the above-captioned matter.
,-;, A ...,
Erin F'15yer, Esquire
PA ID Number: 52748
Attorney GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, Pennsylvania 15217
Telephone: (412) 422-8975
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No, 2000-1401
v.
Nanette Y. Powers and
Gary L. Fesenmyer,
Defendants.
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF Cumberland )
To the Sheriff of Cumberland County:
1, To satisfy the judgment for possession in the above matter you are
directed to deliver possession of the following described property to GreenPoint
Credit, LLC:
1996 Skyline Baysprings Manufactured Home, Serial Number SK11 0468J.
2, You are directed to inform Nanette Y. Powers and Gary L. Fesenmyer
that they have ten (10) days to remove personal items,
I" ."" -":, ".-.,'}""', ,\_= "__.'I':'7"!',~r;=,,_<""'i'1!',,,,_,~_,_ _,~""'"_"~__,~_,,,<,",",",O"'=_'_<,','_L,,,,,,,~,:___ "~_,,,";",_. ~,__,,____"J'___ no_ ,<,",-,"" "." ',' ,'"'< n" '_, _~_~ ,..",.C,=.'_ _~ ",_~"_= _"""ro""', .ro., "
.
3. After ten (10) days a motor truck will transport the 1996 Skyline
Baysprings Manufactured Home to a predetermined area or the plaintiff will secure
the mobile home with a new lock for later transport.
4. To satisfy the costs against Nanette Y. Powers and Gary L. Fesenmyer,
you are directed to levy upon any property of Nanette Y. Powers and Gary L.
Fesenmyer remaining after the above-mentioned time period and sell their interest
therein.
(Prothonotary/Clerk)
(Deputy)
Seal of the Coult:
Date
,20_
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WRlT OF POSSESSION (Ejectment PtoceedfugsPRCP 3160.3165 etc)
GreenPoint Credit LLC i
________~___~_________l_____________________
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Nanette Y. Powers and i
__~~~~~~2;~~;~~~;~~--------------- Ji
Newville, PA 17241
----------.-------- .-----.----
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CONfMONWEAL nr OF PE."lNSYL V.~'1L-\:
COC)/TY OF CUM:BERiLA,,'-ID:
IN THE COCRT OF COwIMON PLEAS OF
GLymERLAl'i~ COGNTY, PE.'lNSYLVA..'lTA
00-1401 Civil Q
)[0. ________________________________ Tenn 1_______
)[0. ______________uun________n__ Term 1'9______
Costs
.-\tt';,. _n____n____u_______________- $___<t2.5..J.Q.__
PI'if (s) _____n______________u______ ~L___________
Prothy, ________u_n_________n______ $-----~:-~~--
--------------~------------------------------------
--------------....-------------'---------_..._~-----...--
To the Sheriff of ____~~~E!.~1e.!l.sL__u__n________Caunty, Penna.
('1) To >a:tisfy the judgment foi-possession in the abo ve matter you are directed to deli,'er possession of rhe
foHawing d'esCribedproperry ,to:
________~ee~t~~~_~________________~___________________~-------------------------------
------------------------------------------------------------------------------------------
Plaintiff (s!
being: (Premi.... as follows) :
82 Country View Estates
Newville, PA 17241
1996 Skyline Baysprings Manufactured Home
Serial Number SKl10468J
(2) To,~~he<!Os!a':igair"'t thedef<mdant (s) you are directed to b'Y U:pOn any property of the defen.
dant (.) and ,e!llris her (or their) interest therein.
Dare _____~~}.Y_~!.~3"O_O'9...._______..______
(SEAL)
Curtis R. Long
.~-----------------------------------~-------------.
Prothono",1Y' Common Pleas COUTt of Cumberland
County, .Penna. n 7p
~_C:J____ _~_
Deputy
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Y vlrnxe 0 illS 'h~~ , 0 W.~e _____________________~. . \,J" _______
I caused me wic:..l-lin n&.-n:ed. _________________________________________________________________________. w
ha....-e poss-essron of tlhe premises. described with ~he ~pp'urtenance:'i. :1nd ---------------------------------------
R. Thomas Kline, Sheriff, who being duly sworn according to law,
s tsttlO'_'LJ:J:d..JL.w::i..t. _ll _.J:~t.llr.ne!'LSXAYED_4>e..r_ ...:i.Q~t; r-uG.t..i,Qfl-S- -FF-Qffi--A t-t-y.. - -Byer-.- ---- ---,
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DOcKeFli'ig-------STfr.-6C)-n---------------n----- - Sheriff's Cos ts : 42.94
Poundage .84 $ 57.06
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
No. rJ.JnV - J,!O (
Complaint in Civil Action - Replevin
Plaintiff,
v.
Filed on behalf of:
GreenPoint Credit, LLC
Counsel of Record for this 'Party:
Nanette Y. Powers and Gary L.
Fesenmyer,
Erin P. Dyer, Esquire
PA 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Defendants.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
GreenPoint Credit, LLC,
CIVIL DIVISION
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
NOTICE
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
2 Liberty Ave
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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....,"..........-,'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. ,;2 w-o .. / 'f 0 I Cr;;zY. t;....-
GreenPoint Credit, LLC,
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
COMPLAINT
COUNT I - REPLEVIN
AND NOW comes GreenPoint Credit, LLC, by and through its attorney Erin P. Dyer,
Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff' or "Green Point,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2, Nanette Y. Powers and Gary L. Fesenmyer, hereinafter referred to as
"Defendants," are individuals whose last known address is 82 Country View Estates,
Newville, Pennsylvania 17241.
,
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3, On or about February 19, 1998, Defendants purchased a 1996 Skyline
Baysprings Manufactured Home, Serial Number SK11 0468J, (the "Mobile Home"), from
Countryside Village Homes, Inc., (the "Seller"), and entered into a written Manufactured
Home Retail Installment Contract and Security Agreement, (the "Security Agreement") for
the payment of a portion of the purchase price thereof, A true and correct copy of the
Security Agreement is attached hereto as Exhibit "A."
4, Seller assigned its interest in the Security Agreement to Bank of America,
FSB ("BankAmerica"). BankAmerica perfected its security interest in said Mobile Home
by having an encumbrance on the title thereto. A true and correct copy of the Certificate
of Title is attached hereto as Exhibit "B." BankAmerica assigned its interest in said
Security Agreement to Plaintiff, GreenPoint.
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$22,000.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
6. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of March 1, 2000, the Defendants' payments of interest
and principal were in arrears in the amount of $420.60. Pursuant to the Acceleration
Clause in the Security Agreement the amount outstanding as of March 1, 2000, is
$21,422.29,
7. Plaintiff provided Defendants 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. Defendants failed to cure the default or return the Mobile Home upon
Plaintiffs demand,
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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
a. Defendants will pay 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 bring this action GreenPoint Credit, LLC was required to retain an
attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants 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.
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COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, 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 1.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants in the amount of $21 ,422.29 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.
~""'~1-
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
-
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VERI FICA liON
Don Turosik, Collection Manager and duly authorized representative of GreenPoint
Credit, LLC, 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 Complaint are
true and correct to the best of his knowledge, irlformation and belief.
cu"'- .j)~
Don Turosik
Collection Manager
~reenPoint Credit, LLC
L:\GreenPoinl\Ganaraf\VERIFrCA.CM.wpd
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MQp-01-2000 11:a]
GREEf.,!~C] I NT O~ED ITS 1
a12 87] 5825 P,05/13
MH VARIABLE RATE CONTRACT
RETAil INSTALLMENT CONTh~CT, SECURITY AGREEMENT, I LOAN PLA~J: AOl 022488-
WAIVE"R OF TRIAL BY JURY AND AGREEMENT TO FOR OFFICE NUMSER' 7006"'
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE OFFice LOANSOUF\CEN~: ;5023C
(Contract) USE ACCT. NO.:
8UYER(S): NAME: NAN;::TTE Y. E'OWERS ONLY FUNOING CODE.
NAM~: GARY L, FESEN:t~YER
NAME:
SUYER'S NAME:
ADDRESS: 297 MOHAWK RD
COUNTY: CUMBERLP.ND'
CITY: NEWVILLE STATE: Pi>. ZIP: 1724l
PHONE: (717) 776.9703 S. SEC. #(5): 172 -56' 0992 203, 5a:l46c
PROPOS~O LOCATION OF MANUFACTURED HOME: 238 SHIPPENSEURG MEt EST, SHIPPENSBURG, PA 17257 -==
"1." "me," "myself" or "my" mean all persons who sign this Contract as buyer or CO-buyer, jointly and severally, and "you" 01
"your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, n
approved, it will be assigned to that Creditor, On the date of this Contract. I buy from you on a credit sale basis the manufactumc
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufact,,,,,"
home at the time of purchase (called "Manufactured Home").
CREDITOR:B~~K&~ERICA HOUSING SERVICES, A DIVISION OF BANK OF p~RICA, FSB
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this
Contract (Item 5) with interest at the initial rate of 10 . 00 % per year. The interest rate I will pay will change in accordanca
with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomplJted
due to changes in the interest rate, until the Unpaid Salance is fully paid. If, on 02/ 2 ~ / 18 . I still owe any amount under
this Contract, I will pay such amount in full on that date, which is called the "Maturity Date." Each monthly payment will be
applied ,"S of its scheduled due date. If no interest rate is disclosed above, the initial interest rate is the Annual Percentage Rate
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments, My interest rate may
change 11 months after my first payment is due and every 12 months thereafter based on movements in the monthly
average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal
Reserve Board, whiCh is the index rate. My interest rate cannot increase or decrease by more than 2.00 % at any intarest
rate change or by more than 5,00 % over the term of the Contract. The interest rate will equal the index rate in eHeet
45 days before the interest rate change date plus a margin of 5.75 % (rounded to the NEAREst 1/ S
of one percentage point) unless the interest rate caps limit the amount of change in the interest rate, If this index rate is no
longer available. you may choose a new index that is based upon comparable information.
ANNUAL FINANCE CHARGE Amount Financed I Total of Payments I Total Sale Price I
PERCENTAGE The amount I will nave paid The tOlal cost at my I
RAT!: after I naye made all , purchase OM e:redit
The dollar amount [l'1e The amOUnt of credit payments as ichedulad (whicn Is subject to
me eost Of my credit as eredlt will cost me PHl'lich provided 10 me or On (based on the current change) includi~g my
a year1Y rala (which is is SUbj8Ct to ehange): my behalf: Annual ~Ofeen!aQe r.late dQwn pa2mentof I
'ubiec! to change): which is subjeot to cl'1ango): $ ,415.00
10.85 % $ 31,748.98 $ 21,678,50 $ 53,427.48 $ 55,8~2,48
See #7 (Mane 2' I Fin. Charas'" Amount PIn. Total j:lav. + Down Pavment -I
"I
See Contract ten-ns for addidonel information
ahout nonpayment, d$f9.lJit. required repiSyment
In lull belon! tho schedulod dato. and 12 I
prepayment relunds and penalfies. My 2.... 8 S
Pt"Vpayntent: 11 I payoff early, I Will not pay~ent I " $
have to pay a penalty, but I will not be schedule I $
en~Ued to a r.'un.d ot the Prepaid will be: $
Finance Charge, If any. "
Security; I give you a sec:unty Interest In the ,goods or property beinQ purcha~ed.
I L.te Charge: If a paym.ent Is mors than ~ days i~te, I will be el'larged
$ 5,00
Amount I;If
Pa mants
209.2:
223,32
,00
,00
When Payrnen~ Ar@ Cue
I Monthly, beg'nning MJ>.RCH 24
Monlhly, boginning MARCH 24
I Mot1fr1ly, beginning
, Monthly, beginning
I
,
I
i I
.19 ----2. 8!
. '9 ----2)
,19-1
,19_
, ,
2
% of tna unpaid am.Ount of sucl'l payment, not to exceed
Vlriable Rate: My Contract contains: a. variable rate taature. Di$elo3ure.s about the varlatlJe rare feature have been provided to me earlier.
AssumpUon: Someone buying my Manufacrured !wIome may, under certain circumstances. be <lUo'."'eo to assume the remall'lderof the CQntracto" tI19
onginal terms.
Esttmatl:s: All numerical dl,Sdosures except the late payment disclosures are esllmates.
i
The above disclosures are based on ter~s in effect on the date this Co nt/act is signed, If the interest rate changes, actual Amou~;
,f Payment., Annual Percentage Rate, Flna ore Or le.s than di.closed above.
IA~~e45~91
EXHIBIT "A"
Security Agreement
PAG~ 1 OF I
.
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~PR-01-2008 11:66
GREEf.-,JPO I~!T CC\EI:! T S.!.
412 873 5826 P.07/13
Description 01 TRADE NAMe: SKYLINE MODEL: Bl',YSPRINGS
Manufactured
Home: YEAR: 9 6 NEW: USED: X LENGTH: 70 tt. WIDTH: :;'4 H,
SERIAL.
NUMseRS: SKll C 4 6 8J
I ITEM i I seRIAL NUMBER I I ITEM II SERIAL NUMBER l
ADDITIONAL.
AcceSSORIES
AND FURNISHINGS: -~
.
022498
" ITEMIZATION OF AMOUNT FINANCEO
1. Cash Price (Including Sales
Tax of $ , 00 ): $' 23, 900 , 00
2. a. CashDownPaymenl..,.. $ '2~4'15 .00
b, Trade-In (Year. Make, MOdel):
length Width
Gross Value $ , 00' Liens $
,00
(SoUer to pay oN)
.00
2,415.00
21,~85,OO
NetTrade.ln Value $
Total Down Payment. ,.............,..
3, Unpaid Balance of Cash Price (1 minus 2)
4, Amounts paid 10 others on my behalf:.
a. To Insurance Companies:
(1) Property Insurance..,.., S
(2) Credit Ufe Insurance S
I': b, To Public Officials:
(1) Certificate of Title..,...,
(2) FILING FEES
c. To Creditor:
For:
d. To:
For:
$
S
166.00
,00
22,50
5,00
,00
, .
,00
.00
,00
$
S
$
$
9, To:
For:
S
t, To:
For:
S
g- To:
For:
$
h. To:
For:
$
Total (a .. b + c .. d .. e + ,.. g .. h)
5. Unpaid Balance (3 plu$ 4)., , ,...
6, Prepaid Finance Charge.
193,50
$
$ 21,678.50
$
.00
1. Amount Financed (5 minus 6) . $ 21,678. 50
-I understand and agree that a portion of certain of these amounts
may be retained by you 0/ your affiliate,
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INSURANCE
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required tor the term of this
Contract. I have the right to choose the person through
whom it is obtained, 8y marking the appropriate line
.below, I elect to buy the coverage indicated from you
for the term and premium shown, and \ want it financeq
on this Contract,
Type of Insurance
Term
Premium
X Phy$ie:lIDam~eCOvot~ge 12*05 $ 166.00
BROAD FORM S
llASILITY INSURANCE COVERAG: FOR SODII_~ I
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICA.ED IN
THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT l.IFE INSURANCE: Credit L~e Insurance is
not required for this Contract or a factor in its approval. i
If I elect Credit L~e Insurance, the name(s) of the I
proposed insured(s) are:
Proposed Insured I
Proposed Insured
(Only SpOUse can be insured jointly.)
This insurance may not payoff all 01 my debt, and tho
exact amount of coverage is shown on my policy or
certificate, My signature indicates my election to obtain
Credit Life Insurance coverage for the term and
premium shown:
Type of Coverage
Term
Premium
Single
$
Joint
$
Date
(signature)
Date
($l~nature) I
(If joint coverage is desired. both proposed insureds must Slgn.)J
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GREENPCI~T c~EbIT 61
d12 873 5826 P.08/i:
VARIABL-E RATE:
a. . Monthly Payment Changes. My monthly payment amount will change each time my interest rate is adjusted, The monthl-
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly paymcnt:
over the remaining term of this Contract
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate am
monthly payment at least 25'days before the adjustment. This notice will contain information about the index rate, ,intem"
rate, payment amount and remaining unpaid balance,
c. Conversion to Fixed Rate, I may choose to convert this Contract to a fixed rate Contract at any time beginnln~.
ZERO years from the date of this Contract and ending 20' years from the date of this Contract. Ir
order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of 111)
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee, Tll'
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive rn\
written notificanon. The new fixed rate will take effect on the "Conversion Date,' Which shall be my next payment due dRt,
tnat is at least :\ a days after your timely receipt of a revision agreement signed by all Borrowers together with ,
nonrefundable conversion fee of $ 200. 00 , The new fixed rate and the Conversion Date are subject Ie
change ~ my revision agreement and fees are received atter the date specified in the revision agreement. My new paymol1
amount will be effective with the first payment following the Conversion Date.
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Gode in (1) the Manufa<;tured Home and II'
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinety, equipment ane
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including ~ut not limited to the itom,
listed as 'Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiur;I'
financlXl in this Contract, (4) any substitutions' or replacements of the foregoing, and (5) all proceeds of such Manufacturee
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment ano
performance of my obligations under this Contract, including any additionai debt arising because of my failure to perform r,1\
obligations under this Contract and includes any contractual extensions, renewals or modifications, My execution of this Contrac'
constitutes a waiver of my personai property and homestead e:l:emption rights to the personal property herein described. I VIii
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect yoU!
security interest in any personal property and fixtures. I agree that you may tile this security instrument or a reproduction thereo;
in the real estate records or other appropriate index as a financing statement for any of the items specified above. An\
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals, or
amendments thereof, shall be sufficient to perfect a security interest with respect to such items,
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALrf, BUT I WILL
NOT Be ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A pARTIAL PREPAYMENT,
THERE WILL BE NO CHANGE IN THE DUE OATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPE'RTY INSURANCE:
a. Minimum Covemge. I am required to provide physical damage insurance coverage protecting the Manufactured Home t,,,
tne term of this Contract against loss by fire, hazards inclUded within the term "extended coverage" and any other hazards.
iMcluding flood, for Which you require insurance, In an amount equal to the lesser of the actual cash value of ths
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the 'Minimum Coverage"),
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and prOVide tor 2
1 a-day notice of cancellation to you, Unless you consent in writing, I shall not add any additional Joss payee to the insuranCE
policy, I have the right to choose the person through whom the property insurance policy is obtained. If my insurance
coverage expires or is cancelled prior to payment in full of this Contract. I must obtain no less than the Minimum Coverage a:
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are lie:
obligated to, obtain insurance coverage. I agree that any i~surance you purchase may be for the protection of only YOII'
Interest In the Manufactured Home, may not fully protect me 1M the event of a loss, and may be for such reasonabie period as
you determine, If you decide, in your sole discretion, to obtain insurance, you wiil notify me of that tact and that the cost, piLe'
interest at the Contract rate, will be add.ed to my debt. I will repay such amount during the term of the policy in the man/we
requested by you, I understand t~at the Insurance premiums may be higher if you must purchase the insurance than might bG
the case ~ I had purchased the Insurance, and that you may purchase the insurance from an affiliated company which ma'!
receive a profit for this service. ..
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b, Assignment and Application of Insurance Proceeds. I hereby grant and aSSign to you the proceeds of any alid all
insurance coverage on the Manufactured Home, Including any optional coverage, such as earthquake insurance, which 'n
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give prompt netlce
to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carr;er, 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, unillss you and I agree otherwise in wriling or unless such restoration or repair is Iiot
economically practical or feasible, or your security interest would be lessened, If such restoration or repair is not practlc~1 or
feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance
of this Contract, whether or not then due, and give me any excess. I authorize any inSurer to pay you directly, I heroby
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtain SUel1
insurance payments,
LATE CHARGE; I agree to pay a late charge for late payment as set forth on the front of this Contract. Only one late charge wiil
be made on any delinquent installment regardless of the period for which that installment remains in default. After this Contract
matures, whether by acceleration or otherwise, I will not be charged a late charge,
RETURNED CHECK CHARGES: I will pay you the actllal charge of the dishonoring institution (or such higher amcunt
as allowed by law) if any check given to you is not honored because of insufficient funds or because no such acoount exists.
EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fail to make any payment when due; (b) I fail to timel,
make rental payments, or to pay other charges and assessments, relating to the real property andlor facility on which lhe
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real prop,erty andlor faCility
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you n1ay
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you In
advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneficial interest in the Manufactured
Home without first obtaining your written consent; (9) I allow the Manufactured Hom" to become part of any real estate witholJt
first obtaining your written consent; (h) I encumber or abandon lhe Manufactured Home or use it for hire or illegally; (i) I fail to
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or On the real properly on which it is
located, ff this is my responsibility; andlor OJ I fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT; If any of the above specffied 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 DElfault and Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contract. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Nolice twice within the preceding one-year period, (2) I have
abandoned or voiuntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF DEFAULT: I may cure a default at any time before title to the Manufaotured Hom'e is transferred from me, which wiil
be at least 45 days after receipt of the Notice oj Default and l1ight to Cure Default. To cure a default, I must pay; (a) all amoul1ts
which would have been due in the absence of default and acceleration; (0) the attorney fees set forth below; (c) any late charges
that are due; and (d) reasonabie costs which are actually incurred for detaching and transporting the Manufactured Home to the
site of sale, t must also perform any other obligation I would have had to pertorm in the absence of default.
REMEDIES UPON DEFAULT: ,If I do not cure the default, you may do either or both of the following at the end of the notice
period, as allowed by applicable law: (a) you can require me to immediateiy pay you the entire remaining unpaid balance due
wnder this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required 10 send me the Notice of Default and Right to Cure Default, you will havr,
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from
the saie, after expenses, is less than what' I owe you, I wiil pay you the difference except as otherwise provided by law. All
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect YOllr
security,
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL;
II. Dispute Resolution, Any controversy or claim between or among you and me or our assignees arising out of or relating to
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any claim
based on or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, or
trial by a jUdge as provided below, A controversy involving only a single claimant, or claimants who are related or asserting
Claims arising f:o~ ~ single transaction, shall be determined by arb'ltration as described below, Any other controversy shall be
determined by JudiCial reference of the controversy to a referee appointed by the court or, if the court where the controvor.sy
is vet1ued lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND I AGREE
PA35084$..04!ti'
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r-:-CCf.,'OII T ~.'T :-O~T": T T h 1 412 873 5826 P. H?Y~3
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wHETHER THE CONTROVERSY Oh -:LAIM IS DECIDED BY ARBITRATION, t3Y JUDICIAL REFERENCE, OR 8'
.TRIAL'BY A JUDGE,
b. Arbitration. Since this Contract touches and Concerns ,interstate commerce, an arbitration under this COntract shall 11,
conducted in accordance with the United States Arbitration Act (Title g, United States Code), notwithstanding any choice c
law provision in this Contract. The Commerciai Rules of the American Arbitration Association ("AAA') also shall apply, TI::
arllitrator(s) shall follow the law and shall give &fIect to statutes 01 limitation in determining any claim, Any controv0fO'.
concerning whether an issue is arbitrable shall be determined by the arbitralor(s). The award of the arbitrator(s) shall be ;1
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be entere'
in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except ~,
provideo by Section 10 of the United States Arbitratio" Act or upon a fi"ding of ma"~est injustice.
c, Judicial Reference or Trial by a Judge. If requested by either you or me. any controversy or claim under subparagraph (a
that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointo'
by the court who, sitting alone and without jury, shall decide all questions of law and fact, You and i shall designate to Ill,
court a referee selected under the auspices of the MA in the same manner as arbitrators are selected in MA-sponsors(
proceedings, The referee shall be an actiVe attorney or retired judge, If the court where the controversy is venued Jacks Ill(
power to appoint a referee, the controversy instead shall be decided by irial by a judge without a jury,
d, Sell-Help, Foreclosure, and provisionai Remedies, The provisions of this paragraph shall not limit any rights that you or
may have to exercise self-help remedies such as set-off or repossession, to foreclose by power of sale or judicially agai"st 0
sell any collateral or security, or to obtain any provisional or an ciliary remedies from a court of competent jurisdiction before
after or during the pendency 01 any arbitration under subparagraph (b) above. Neither the obtaining nor the e:>tercise of an~
such remedy shall serve as a waiver of the right of either you or lTle to demand that the related or any other dispute 0
controversy be determined by arbitration as provided above.
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding Which is cOlTlmenced in connection with til<
enforcement 01 this Contract or any instrument or agreement required under this Contract, or in connection with any disputE
relating. to this Contract. you will pay my reasonable attorney fees, court costs and necessary disbursements incurred ir
connllction with auch action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with thE
law, II you prevail i" any such actio" or proceeding, or in the exercise of any self-heip remedy as described above, I will pay al1\
court costs and necessary disbursements to Ihe lull extent permitted by iaw, log ether with reasonable fees imposed on you b,
an attorney who is not your salaried employee, provided that prior to commencement 01 legal action such fees may <\Ot exceec
$50.00 a"d further provided that no attorney fees may be charged prior to my receipt of the Notice 01 Default and Right to Cur'.
Default.
OTHER TERMS ANO 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 a"d insura"ce premiums that will become due within thE
<\8xtlWeive-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (c:
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid ir
full; (d) to reimburse you, immediately upon your demand, with interest at the Co "tract rate, the amount of funds you actuall)
advance on my behalf to correct my delault; and (e) that if I am married, and residing in a community property state, both nl)
community property and separate property will be liable for all payments due under this Contract.
ASSIGNMENT: You may assign this Contract to any person cr entity. All rights granted to you under this Contract shall apply Ie
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collectin,
my account and share information about me and my account with credit reporting agencies, You may sell or otherwise furn!sl'
informatio" about me, including insurance information, to all others who may lawfully receive such information, You may furnisl'
specific information about the Manufactured Home and any insurance poiicies on the Manufactured Home to any insuranoe
agent to enable such agent to quote premiums to me and solicit my insurance business,
WAIVER: Waiver of any default shall not constitute a waiver 01 any other default. No term of Ihis Contract shall be chanqH
~nle~s in writing and signed by one of your ~fficers, This Contract is the entire agreement between us and I agree that no orai 'H
Implied representat,o"s have been made to 'nduce me to enter Into this Contract.
VALIDITY: Wherever. possible each prOVision of this Contract shall be interpreted in such manner as to be effective and vallc
under applicable law, but il any provision of this Contract shall be prohibited by or invalid under applicable law, such provlsior
shall be Ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of suCh provision or tl1"
'A.350a~<Iq7
ORIGINAL CO fly
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remaining provisions of this Contract. This Contract shall be of no elfect until and unless signed by me and you. In no event ;;hall
~ any charge under this Contract exceed the highest amount allowed by applicable law, If any excess charge IS received, Stldl
excess shall be refunded or applied to the amount due,
GREE~CC:NT CREDIT S~
d12 873 5826
P.l1/13
GOVERNING LAW; Each provision of this Contract shall be construed in accordance with and governed by the laws of the state
of Pennsylvania, provided that to the extent you have greater rights or remedies urlder Federal law, such choice of stat!) law
shall not be deemed to deprive you of such greater rights and remedies Urlder Federal law,
, NOTICE
ANY, HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO, ALL CLAIMS AND DEFENSES WHICi"
iHEDE6TOR COULD ASSERT AGAINST THE' SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TIlE DEBTOR SHALL NOT EXCEEL'
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
yOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, ANO
AGflEE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACC!;I'TEO: TheloregoingCQnlr.ctishereby.sslgneoundertM",rm. If you do not meet your Contract obligations, you
ollhe .....ignmenton page 7, may lose your manufactured home.
Notice to Buyer: Do not sign this Contract in blanl(.
You are entitled to an exact copy of the Contrnct
you sign. Keep it to protect your legal rights.
SUYERtS IGNATURE(S):
SEl~ER:
SEl~"R'S
AOORESS: 31 WALNUT BOTTOM ROJl.V
172570000
COUNTRY SIDE VILLAGE HOMES, I
SEl~ER 's
SIGNATURE:
SEl~ER'S A"
TITLE: /V(I
DATE OF THIS CONTRACT:
2/{f/1'1
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COpy OF THIS CONTRACT,
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EXHIBIT "B"
Certificate of Title
MqR-0~-2880 :1:~1
GR~~L!PC::-,T CRED!T 6':'
412 873 5826
P.0-.:)/1.:'
,
400 $lll..lthpu\;l:i BO:ll\'\'~rd
:;vutllpoinCI!' Flnz" l. ::;uitl! 'l:JO
Cunon::;burg:, P.\ I.S:Jl ';"
Tel. (i24) B7:3..'j,~~;j
F:u; (7::..1) S7:.l--')S:2.G
January ze, 2000
GARY L. FESENMYER
NANETTE Y. POWERS
8, COUNTRY NIEU ESTATES
"E~/ILLE PA 17241
GreefaPe5n1 ~ Crsdit
RE: Monuf.ctured Home Loon - Account #000006130100600001
NOTla OF INTENTlCll TO ACCELERATE, WIlEllCE lEGAL ACTION OR REPOSSESS
You ar~ now in def~ult on yoyr Menufuctured Home loan Contr~et, If you correct the d~fiultl you may
continu~ witn the contract as though you did not default. Your defaul: consists of failure to make timely
p3yment3 of one or more installments IS esreed to in the terms of the contract.
Thirty-one (3') daY$ after the date of th~S notic~, ~e may nave the right to commence legal action Gnd
repo$$ess your m4nufu~tured home.
Cure of default: Your may cyre yoyr default by making paym~nt in the amount indi~ated below:
Pist Due Monthly Payment(s)
$
439.54
late Charge<,)
$
4.14
Toul Due Now
$
443.68
cr~itorlS right:!:: Any p~rt;:ll pd'y1i.ent of the "mount due which i!; rccci'ted by U~ \.4ill be applied to your
ac unto You wiLL need to P3Y the full amount by the date indicated above in order to Cure your default. If
you do ~Dt correct your deiault witnin 31 d~ys due frcm the pO$t~er~ed date of this notice, we may
exerelS~ our rights against you under the la~ by accelerating your c~bt and either r~p~ssessins your
manufactured home or, if n~cessary. bringing a court action to octdln possession of ycur monufactureo
hom~.
~f we ol~ct to exercise our rigMts ~g~j~s~ you by reposse~sion of the m~nufactured home yeu may, :It any
fime tefore we sell or otherwise dispose of the manufacturd heme or e~tcr into ~ contract fer its sa:e or
ther disposition, cYhich ShalL be at le~st 45 days after post~3rk of t~is Mot;~~), redeem the ~D~ufactured
erne by paying us all amoUnts due plus e^penses rea'onabLy incurred by u~ in d~tach;n9 ~nd .tran~pcrtlr.s
t~~ manufactured home to th~ ~fte of the $ale and our r~asonable at~orneyJs fees, to ~he extent pe~mjtt~d by
Law, plus court costs.
If you nJve any questions, write to U~ ~~ the address above or call me c. the phone number listed above
between tne ~ours of 8:00 a.m. end 5:00 p.m., Monday through Friday.
If thi~ def~ult was ~aU$ed by your fuilure to make a p~yment or payment!;, a~d you want to pJY by mait,
pLeooe send a cneck or money order. ~o not ser.d ~ash.
Manager
c:c: Fi lo
If any additionaL regular paym~nt become!; due during this cure pe:-1cd, thi~ payrr~nt ffi\Jst ill5e be ~ac)C lrl
order to avoid any further default." this correspondence i~ an ~tterrpt to coiL~ct a debt and any
information obtained witl be u~ed fer th;t purpose.
OA (144)
EXHIBIT "e"
Notice of Intent to Repossess
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401
CIVIL DIVISION
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter judgment by default in favor of plaintiff GreenPoint Credit, LLC
and against Defendant Gary L. Fesenmyer for his failure to plead to the Complaint
in this action within the required time. The Complaint contains a notice to defend
within twenty days from the date of service thereof. Defendant Gary L. Fesenmyer
was served with the Complaint on May 3, 2000 and his answer was due to be filed
on May 23,2000.
Attached as Exhibit "A" is a copy of plaintiff's written Notice of Intention to File
Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to
the Defendants at their last known address and to their attorney of record, if any, on
May 31, 2000, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1996 Skyline Baysprings
Manufactured Home, Serial Number SK11 0468J, that being the relief demanded in
"e Com pia'"!. . C . ~
Erin p~r, EsqUire
PA 10 Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
. Attachments:
Ten Day Notice
Affidavit of Non-Military Service & Last Known Address
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401 Civil
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
Via Certified Mail # Z047 929 029 and Certificate of Mailing
Gary L. Fesenmyer
82 Country View Estates
Newville, Pennsylvania 17241
Date of Notice:
May 31,2000
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTER!=D AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT-RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
FILE
e:2?!.~---
~er, ESQUi;? ;0", /.J # 7 -:7 7? "1
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, P A 15217
(412) 422-8975
-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
AFFIDAVIT OF NON~MILlTARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this affidavit on behalf of the within plaintiff, being so authorized
avers that Defendant Gary L. Fesenmyer's place of residence is 82 Country View
Estates, Newville, Pennsylvania 17241, and that he is not in the military service of
the United States or its allies, or otherwise subject to the provisions of the Soldiers
and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. S
501, et seq. This statement is made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities,
~~~,>--
Erin . yer, Esquire' - -
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401
CIVIL DIVISION
v.
Nanette Y. Powers and Gary L.
Fesenmyer ,
Defendants.
Gary L. Fesenmyer
82 Country View Estates
Newville, Pennsylvania 17241
NOTICE
Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that:
JUDGMENT BY DEFAULT has been entered against you in the above proceeding.
P othonotary of Cumberla
~ ,~. "~-'_;--d~...-_~I--"",<-:".~ "".~"'A',"p",___,,_,,'~ --' .-'~ '~"'__!"_H,;_C-;'''",__<""o'_ ~.. _ ".__". '
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401
v.
Nanette Y. Powers and Gary L.
Fesenmyer ,
Defendants.
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary, kindly issue Writ of Possession in the above matter and direct
the Sheriff of Cumberland County to:
1. Deliver possession of the following described property to GreenPoint
Credit, LLC:
1996 Skyline Baysprings Manufactured Home, Serial Number SK11 0468J.
2. Inform Gary L. Fesenmyer that he has ten (10) days to remove
personal items.
3. After ten (10) days a motor truck will transport the 1996 Skyline
Baysprings Manufactured Home to a predetermined area or the plaintiff will secure
the mobile home with a new lock for later transport.
4. Levy upon any property Gary L. Fesenmyer remaining after the
above-mentioned time period and sell his interest therein.
~~
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
/
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-01401 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
POWERS NANETTE Y ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
POWERS NANETTE Y
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, POWERS NANETTE Y
DEFT. NO LONGER RESIDES AT ADDRESS STATED,
LEFT NO FORWARDING WITH P.O., PAPER EXPIRED
Sheriff's Costs:
Docketing
Seryice
NOT FOUND RETURN
Surcharge
18.00
6.20
5.00
10.00
.00
39.20
S_~~
R. Thomas Kline
Sheriff of Cumberland County
ERIN P. DYER
04/13/2000
Sworn and subscribed to before me
day of ~
this } f~
.2<ro-r.> A.D.
g~-,-, (J 'huP'i.., ~.
Pr t onotary .
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-01401 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
POWERS NANETTE Y ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search ~nd
inquiry for the within named defendant, DEFENDANT
FESENMYER GARY L
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, FESENMYER GARY L
DEFT. NO LONGER RESIDES AT ADDRESS STATED,
LEFT NO FORWARDING WITH P.O., PAPER EXPIRED.
Sheriff's Costs:
Docketing
Service
NOT FOUND RETURN
Surcharge
6.00
6.20
5.00
10.00
.00
27.20
~~
R. homas Kline
Sheriff of Cumberland County
ERIN P. DYER
04/13/2000
Sworn and subscribed to before me
/ J;t;:
day of q,.;j
this
~ A.D.
C J'tk. f). n, -Ii..., J ~~Jr
Pr onotary I
I.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401 Civil
CIVIL DIVISION
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the above-captioned Complaint.
c~. :~:::>
~
Erin P. Dyer, Esquire ..
Attorney for GreenPoint Credit, LLC
PA Attorney 10 Number 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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SHERIFF'S RETURN - NOT FOUND
CASE ~O: 2000-01401 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
v
GREENPOINT CREDIT LLC
VS
POWERS NANETTE Y ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
POWERS NANETTE Y
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, POWERS NANETTE Y
DEFT. NO LONGER RESIDES AT ADDRESS STATED, LEFT
NO FWDG WITH THE P.O.
Sheriff's Costs:
Docl~eting
Service
Not Found Return
Surcharge
18.00
6.20
5.00
10.00
.00
39.20
~~
R. Thomas Kline
Sheriff of Cumberland County
ERIN P. DYER
05/04/2000
Sworn ~nd subscribed to before me
a;...,
this J~--
day of '~
Ji7'trV A.D.
, gt~ () {hod/?; - ~
Pro h notary ,
-
SHERIFF'S RETURN - REGULAR
/
CASE NO: 2000-01401 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
POWERS NANETTE Y ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
FESENMYER GARY L
the
DEFENDANT
, at 0015:20 HOURS, on the 3rd day of May
, 2000
at 82 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
by handing to
GARY L. FESENMYER
a true and attested copy of COMPLAINT - REPLEVIN
together with
REINSTATED W/ NOTICE
and at the same time directing His attention to the contents 'thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
r~~"~~f
R. Thomas Kline
05/04/2000
ERIN P. DYER
Sworn and Subscribed to before
By:
~.WJ~
Deputy Sheriff
me this
day of
A.D.
Prothonotary
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
GreenPoint Credit, LLC,
No. oZD'-cr-U - NOI
,
~
Complaint in Civil Action - Replevin
Plaintiff,
Filed on behalf of:
GreenPoint Credit, LLC
v.
Counsel of Record for this .Party:
Nanette Y. Powers and Gary L.
Fesenmyer,
Erin P. Dyer, Esquire
PA 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Defendants.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. J..(hn) -
(!;WtL
GreenPoint Credit, LLC,
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
NOTICE
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
2 Liberty Ave
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
lRUI...(i()py.FAQM fBJON)
II fr 1f>....nr ".1 her8 utdi. iIrI_
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IN'THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
GreenPoint Credit, LLC,
CIVIL DIVISION
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
COMPLAINT
COUNT I - REPLEVIN
AND NOW comes GreenPoint Credit, LLC, by and through its attorney Erin P. Dyer,
Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff" or "Green Point,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Nanette Y. Powers and Gary L. Fesenmyer, hereinafter referred to as
"Defendants," are individuals whose last known address is 82 Country View Estates,
Newville, Pennsylvania 17241.
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3. On or about February 19, 1998, Defendants purchased a 1996 Skyline
Baysprings Manufactured Home, Serial Number SK110468J, (the "Mobile Home"), from
Countryside Village Homes, Inc., (the "Seller"), and entered into a written Manufactured
Home Retail Installment Contract and Security Agreement, (the "Security Agreement") for
the payment of a portion of the purchase price thereof. A true and correct copy of the
Security Agreement is attached hereto as Exhibit "A."
4. Seller assigned its interest in the Security Agreement to Bank of America,
FSB ("BankAlT!erica"). BankAmerica perfected its security interest in said Mobile Home
by having an encumbrance on the title thereto. A true and correct copy of the Certificate
of Title is attached hereto as Exhibit "B." BankAmerica assigned its interest in said
Security Agreement to Plaintiff, GreenPoint.
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$22,000.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
6. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of March 1, 2000, the Defendants' payments of interest
and principal were in arrears in the amount of $420.60. Pursuant to the Acceleration
Clause in the Security Agreement the amount outstanding as of March 1, 2000, is
$21,422.29.
7. Plaintiff provided Defendants 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. Defendants failed 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:
a. Defendants will pay 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 bring this action GreenPoint Credit, LLC was required to retain an
attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants 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.
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COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, 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!.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants in the amount of $21 ,422.29 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.
d<:'~L: .
Erin P. Dyer, Esquire . . ~""=-..
PA 10 Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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L:\GreenPoint\Powers_f:'esenmyer\Complaint. wpd
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VERI FICA lION
Don Turosik, Collection Managerandduly authorized representative of GreenPoint
Credit, LLC, deposes and says subjectto the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are
true and correct to the best of his knowledge, iritormation and belief.
<1)",- .jI~
pon Turosik
Collection Manager
(3reenPoint Credit, LLC
L:\GreenPoint\Gel'1era/\VER.IFrCACM.wpd
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",-c,.-",uuu U"~ MH VARIABLE RATE CONTRN~T
RETAil INSTAllMENT CONTfv\CT, SECURITY AGREEMENT, I
WAIVER OF TRIAL BY JURY AND AGREEMENT TO FOR
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE O"1'ICS
~~~~ ~
~ ns ON~
BUYER{S): NAME: NAN::::T'TE Y. "O\~E"
NAME: GARY L. FESEN!~YER
NAME:
aUYER'S NAME;
AOOR'ESS: 297 MOHAWK RD
LOAN PLAN: A 0 1 0 2 2 4 ? ",--
OFFICE NUMBER: 7" () 6 ::.
LOAN SOUl'1CE NO.: 7 502 J C
ACCT. NO.:
FUNDING COCE,
COUNTY: CUMBERLAND
CITY:NE'tlVILLE STATE: P~. ZIP: 1724L
PHONE: (7 17) 77 6 -" 7 C 3 S. SEC. ~(S): 17 2 - 56 . 09 9 2 203 - 5 8 . 14 6 C
PROPOSED LOCATION OFMANUFACTUREO HOME: 23 8 SHIPPENSBURG MaL EST, Sf.IPPENSBURG. PA 1725 I --
"I." 'me," 'myself' or "my' mean all persons who sign this Contract as buyer or co-buyer, jointly and severally, and "ycu" 01
"your" mean the Seller and any assignee. This Contract will be SUbmitted to the Creditor indicated below. at a local office and, il
approved, it will be assigned to that Creditor. On the date of this Contract. I buy from you on a credit sale basis the manufactlirac
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactlj[~d
home at the time of purchase (called 'Manufactured Home').
CREOITOR:B~~Kfu~ERICA HOUSING SERVICES, A DIVISION Of BANK OF ~MERICA, FSB
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of tillS
contract (Item 5) with interest at the initial rate of 10 . 00 % per year. The interest rate I will pay will change in a.ccordancQ
with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed
due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 02/ 2 ~ / 18 , I still owe any amount under
this Contract, I will pay such amount in full on that date, which is called the 'Maturity Date." Each monthiy payment will be
applied as of its scheduled due date. If no interest rate is disclosed above. th" initial interest rate is the Annual Percentage F,ale
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate mGY
change 11 months after my first payment is due and every 12 months thereafter based on movements in the monthly
average yield on United States Treasury securities adjUsted to a constant maturity of one year, as made available by the Feder,,1
Reserve Soard, which is the index rate. My interest rate cannot increase or decrease by more than 2.00 % at any interest
rate change or by more than 5.00 % over the term of the Contract. The interest rate will equal the index rate in effect
45 days before the interest rate change date plus a margin of 5.75 % (rounded to the NEJI.REST 1/8
of one percentage point) uniess the interest rate caps limit the amount of change in the interest rate. If this index rate is no
longer available, you may choose a new index that is based upon comparable information.
ANNUAL FINANCE CHARGE Amount Financed I Total of Fayments I Total Sale Frice I
PERCENTAGE The amount I will ha.ve ~aid The total ctI31 of my I
RATE i al:.r I have made all , purchase on credit
The dollar amount Ihe The amOUnt of credit I payments as 'scheduled (which Is subject to
The cost Of my credit as credit will (;Ost me rNhich provided to me or On (based on the current change) including my
a yearly r.le (wllieh is is subject lO ehange): my behalf: I Annual ~ereenlage Rate dQwn pa2ment of I
,ubj.o! to ehange): I ;Vhion is subject tQ change): $ ,415.00
10.85 % S 3l,748.98 $ 21,678.50 $ 53,427.48 $ 55,842.48
See #7 loaoo 2) 1 Fin. Charoa... Amount J:ln. Total Pav. . Down Povmon! I
--I
See Contract tenn$ for ndditional infom'lation
~bout nonpayment, default. required repayment
in lull belo", !he sol1eduled dalo. and I
prepayment refunds and penaltios. My I
Prvpaymern: If I payoff early, I will not payment
tlav9 to pay a penalty, but I will not be schedule
entilled to a refund of the Prepaid will be'
Anance Charge. it any. .
Security: 1 give you a secunty Interest In the goods or property being purchased.
i I-Ite Charge: It a paymentls mcrB than ~ days. late, I wjJI be charged 2
S 5.00
AmOUrH of
Pa ments
209.2:
223.32
.00
.CO
i When Payments Are Oue
'[ Montl'1ly, beginning MJi._RCH 24
Monthly. baginning MARCH 24
I MOI1l1'1ly, beginning
) MOnll"lly, beginning
i
i
,
I
; I
. 19-2.2!
.19-.1)
.19_1
.19_
% cf tho unpaid amount Qt such paymenl, Mot to exceed
V~rjable Rate: My C"ntract cont:1ins a vari-.ble rate feature, DI$e!c3vre.s about :ne vartable rate (sature have been provided fo me eattier.
.Assumption; Someot'le buying my Manufac:tured Io-Iome may, under certain CIrcumstances, be Cll10wed to assume the ramalnderof tho Ccntri.cton ~e
onginal terms.
est!mat~$: Att numl:rical ~i$clo$\Jres except \he late ~ayment disclosure~ ~re estimates.
fhe above disciosures are based on ter~s in effect on the date thiS Contract is signed. If the interest rate changes, actu;li Amou~;'
,f Payments, Annual Percentage Rate, Flna ore Or less than disclosed above.
IA3!cS46JJ497
!=fAGE 1 C'.; 1
. EXHIBIT "A"
Security Agreement
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Deseriptiol'l of
Manufactured
Home:
TRADE NAME: SKYLINE
YEAR: 9 6
USED: X
NE.W:
SERIAL
NUMBERS: SKll C46 8.1
I"r";M
i I
SERIAL NUM8ER
ADDITIONAL
ACCESSORIES
AND FURNISHINGS:
022'-98
-
. ITEMIZATION OF AMOUNT FINANCED
1. Cash Price (Including Sales
. Tax of $ .00 ):..... . S 23,900.00
2. a. Cash Dawn Payment..... S 2;415.00
b. Trade.ln (Year. Make, ModeQ;
Length Width
Gross Value $ .00 liens S .00
ISeller to pay oN)
Net Trade.ln Value S .00
T olal Down Payment. ... ....... S 2,415.00
.. ...........
3. Unpaid Balance of Cash Price (1 minus 2) S 21,~85.00
4. Amounts paid 10 others on my behalt*
a. .Tolnsurance Companies:
(1) Properly Insurance.. . . . . S 166.00
(2) Credit ufe Insurance.... S .00
\.: b. To Public Officials:
(1) Certificate of Title... $ 22.50
.....
. . (2) FILING FEES $ 5.00
. c. To Creditor:
For: S .00
d. To: ,
For:
$ .00
e. To:
For:
S .00
f. To:
For;
S .00
g. To:
For: .
$
h. To;
For:
$
Total (a + b + e + d + e + t + 9 + h). S 193.50
.-....
6. Unpaid Balance (3 plus 4).. .
$.21,678.50
6. Prepaid Finance Charge.
$ .00
7. Amount Financed (5 minus 6) ..
S 21,678.50
>\ understand and agree that a portion of certain at these amounts
may be retained by you or your affiliate.
p~506484Cil7
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MODEl: BJI.YS PRINGS
LENGTH: 7 0 n.
.1.
!
WIDTH: 14
r
II
SERIAL NUMBER
l
Il~M
. INSURANCE"
PROPERTY INSURANCE: Property Insurance on the I
Manufactured Home is required fer the term of this I
Contract. I have the right to choose the person .through
whom it is obtained. By marking the appropriate line
beiow, I elect to buy the coverage indicated from you
for the term and premium shown, and I want it financed
on this Contract.
Type of Insurance
Premium
Term
X P-I'oY~ie:1 Damage Covot~\fe 12 ~O S $ 16 6 . :] 0
3ROAD FOP~l $
LIABILITY INSURANCE COVERAG: FOR BODII.Y I
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SeCTION ABOVE.
CREDIT LIFE INSUFlANCE: Credit Life Insurance is
not required for this Contract or a factor in its approval.
If I elect Credit Lae Insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly.)
This insurance may not payoff all of my debt, and tho
exact amount of coverage is shewn on my policy or
certificate. My signature indicates my election to obtain
Credit Life Insurance coverage for the term ami
premium shown:
Type of Coverage
Term
Premium
Single
s
I
1-
$
Joint
Date
- I
!
j
,
,
I
(If joint coverage!s desired. both proposed insureds must Sl9~Jj
(signature)
Date
(StgnsNre)
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VARIA8LE: RATE;
a, Mo~thly I"pyment Changes. My monthly payment amount will change each time my interest rate is adjusted. The monthl:
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly paymoi It:
over the remaining term of this contract.
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate an'
monthly payment at least 25 days before the adjustment. This nctice will contain if]formation' about the index rate, .intero"
rate, payment amount and remaining unpaid balance.
c. Conversion to Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginnin,.
ZERO years from the date of this Contract and ending 20' years from the date of this Contract. Ir
order to convert to a fixed rate, I must not be in default under lhe terms of this Contract, I must notify you in writing 01 Ill;
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee. TI"
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive m\
written notification. The new fixed rate will take effect on the "Conversion Date.' which shall be my next payment due dat,
that is at least 30 days atter your timely receipt of a revision agreement signed by all Borrowers together with ,
nonrefundable conversion fee of $ 200.00 . The new fixed rate and the Conversion Date are subject tc
change if my reVision agreement and fees are received after the date specified in the revision agreement. My new payrnDIi
amQunt will be effective with the first payment following the Conversion Date.'
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and ii'
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment anc
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the itom,
listed as 'Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premium,
finanoed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufacturec
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment an'
performance of my obligations under this Contract, including any additional debt arising because of my failure to perform r.1]
obligations under this Contract and includes any contractual extensions, renewals or modifications. My exeoution of this Contr..c'
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I Viii
sign and deliver to you whatever financing statements. and other documents you deem necessary to allow you to perfect you<
security interest in any personal property and fixtures. I agree that you may tile this seourity instrument or a reproduction thereo:
in the real estate records or other appropriate index as a financing statement for any of the items specified above. AnI
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals. 0:
amendments thereof, Shall be sufficient to perfect a security interest with respect to such itemS.
PReFAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT Be ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
THERE WILL 8E NO CHANGE IN THE DUE OATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREr:
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home tl"
the term of this Contract against loss by fire, hazards included within the'term "extended coverage" and any other hazards,
including flood, for which you require insurance. in an amount equal to the lesser of the actual cash value of ths
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage").
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for"
1 a-day notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the insurance
poiicy. I have the right to choose the person through whom the property insurance policy is obtained. If my insurance
coverage expires or is cancelled prior to payment in full of this Contract. I must obtain no less than the Minimum Coveraae a:
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but ar; r1G:
obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only yo",
Interest 10 the Manufactured Home, may not fully protect me In the event of a loss, and may be for such reasonable period 0'
you determine. If you decide, in your sole discreTIon. to obtain insurance. you wiil notify me of that fact and that the cost, pic:'
interest at the Contract rate, will be added to my debt. I will repay such amount dUring the term of the policy in the manne;
requeste~ by you. I understand t~at the insurance premiums may be higher if you must purchase the insurance than might ~G
tMe case if I had purchased the Insurance. and that you may purchase the insurance from an affiliated company which me'!
receive a profit for this service. .
'A35C8~.(lC'7
.. .ORIGIXAL COY'C
PAGEJOF7
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b, Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any alio all
insu'rance coverage on the Manufactured Home, Induding any optional coverage, such as earthquake insurance, WhlCh 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 SUCh restoration or repair i3 not
economically practical or feasible, or your security interest would be lessened. If such restoration or repair is not practioal or
feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balanca
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. I hN9by
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtain such
insurance payments.
LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this Contract. Only one late charge will
be made on any delinquent installment regardless of the period for which that installment remains in default. After this Cont,act
matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the actual charge of the dishonoring institution (or swch higher amcur,t
as allowed by law) if any check given to you is not hcnored because of insufficient funds or because no such account exists.
EVENTS OF DEFAULT: I will be in default under this Contract if: (a) 'I fail to make any payment when due; (b) I fail to timely
make rental payments, or to pay other charges and assessments, relating to the real property andlor facility on which the
Manufactured Home is located; (c) I violate restrictive covenants, rutes or regulations relating to the real property and/or facility
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you "''''Y
reasonably determine: (e) I remove the Manufactured Home from the address shown on this Contract unless I notify ycu in
advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneficial interest in the Manufact'Jrad
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate without
first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally; (i) I fail to
promptly pay any taxes and other iiens and encumbrances on the Manufactured Home or on the real property on which it is
located, ff this is my responsibility; andlor OJ I fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT: If any of the above spec~ied Events of Default have occurred, you may do whatever is necessa.'f to
correct my defauft. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contract. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) I ha'.'9
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Hom'e is transferred from me, which will
be at least 45 days after receipt of the Notice of Defawlt and Right to Cure Default. To cure a default, I must pay: (a) all amount,
which would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late cha,gos
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 periorm any other obligation I would have had 10 pertorm in the absence of default.
REMEDIES UPON DEFAULT: .If I do not cure the default, you may do either or both of the following at the end of the notrce
period, as allowed by applicable law: (a) you can re~uire me to immediately pay you the entire remaining unpaid balance dug
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required to send me the Notice of Default and Right to Cure Default, you will havG
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from
the sale, after expenses, is less than what' I owe you, I will pay you the difierence except as otherwise provided by law. .".11
remedies are cumulative and you may enforce them separately or tog ather in any order you deem necessary to protect yellr
security,
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a, DIspute Resolution. Any controversy or claim between or among you and me or our assignees arrsing out of or relating :..,
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any ClallTI
based on or arising irom an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
Claims arising fro~ ~ single transaction, shall be determined by arbitration as described below. Any other controversy shall be
determined by JudiCial reference of the controversy to a referee appointed by the court or, IT the court where the controvor:;y
is venued lacks the power to appoint a referee, by trial by a judge without a jury. as described below, yOU AND I ACiRE"
PA.350a~.()4g7___
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WHETHER THE CONTROVERSY Oh -:LAIM IS DECIDED BY ARBITRATION,
,RIAL. BY A JUDGE.
I"'I'U..,I' lnc.nc .;:)n/U"t- ~t: NU .;q:r
tlY JUDICIAL. REFERENCE. OR G'
b. Arbitration. Since this Contract touches and concerns interstate commerce, an arbitration under this Contract shall hI
conducted In accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice G
law provision in this Contract. The Commercial Rules of the American Arbitration Association ("AAA") also shall apply, "fl,
arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim. Any controvoro:
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be ir
writing and include a statement of reasons for the award. The award shall be final. Judgment wpon the award may be .enture"
in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except ~,
provided by Section 10 of the United States Arbitration Act or upon a finding of, manifest injUstice.
c. Judicial Relerence or Trial by a Judge. If requested by either you or me. any controversy or claim under subparagraph (a
that is not submitted to arbitration as provided in subparagraph (b) shail be determined by reference to a referee appointoe
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and i shall designate to U;,
court a releree selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponsors<
proceedings. The referee shall be an active attorney or retired judge. If the court where the oontroversy is venued lacks the
power to appoint a releree, the oontroversy iMstead shall be decided by trial by ajudge without a jury.
d. Self"Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or
may have to exercise self-help remedies such as set-off or repossession, to loreclose by power of sale or judicially against 0
sell any collateral or security, or to obtain any provisional or anciilary remedies from a court of competent jurisdiction before
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of an~
such remedy shail serve as a waiver of the right of either you or me to demand that the related or any other dispute 0
controversy be determined by arbitration as provided above.
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with til(
enforcement 01 this Contract or any instrument or agreement required under this Contract, or in connection with any disputE
relating' to this Contract. you will pay my reasonable attorney fees. ccurt costs and necessary disbursements incurred ir
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with t!1~
law. II you prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, I will pay an,
court costs and necessary disbursements to the lull extent permitted by Jaw, together with reasonable fees imposed on you b,
an attorney who is not your salaried employee, provided that prior to commencement 01 legal action such fees may not excenc
S50.00 and further provided that no attorney lees may be charged prior to my receipt of the Notice 01 Default and Right to Cu,"
Delault.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
next twelve-month period; (b) to pay you a transfer fee if I seil the Manulactured Home, unless such fee is prohibited by law; (c:
to pay Interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid ir
lull; (d) to reimburse you. immediately upon your demand, with interest at the Contract rate, the amount of funds you actuall,
advance on my behalf to correct my delault; and (e) that if I am married, and residing in a community property state, both m~
community property and separate property will be liable lor all payments due under this Contract.
ASSIGNMENT: You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to
any assignee of this Contract.
CSEDIT INFORMATION: You may investigate my credit histol)' and credit capacity in connection with opening and collectinc
my account and share inlormation about me and my account with credit reporting agencies. You may seil or otherwise fUrni"~
injorm.ati;>n about me, including insurance information, to all others who may lawfully receive such inlormation. You may lurnisi'
specilJc InformatJon about the Manufactured Home and any insurance policies on the Manulactured Home to any Insurance
agent to enable such agent to quote premiums to me and solicit my insurMCe business.
WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of this Contract shall be chaM9c
~nle~s in writing an~ signed by one 01 your officers. This Contract is the entire agreement between us and I agree that no orai '"
Implied representations have been made to induce me to enter into this Contract.
VALIDITY: Wherever. possible each prOVISion of this Contract shall be interpreted in such manner as to be effective and valle
under a~Plicable law. but if any provisionalthis Contract shall be prohibited by or invalid under applicable law, such provlsior
,hall be Ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or tl10
"~5Qe.:.o.Q~7 .
ORIGINAL COpy
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remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In no event ::hall
'any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge IS received, ,"ch
excess shllll be refunded or applied to the amount due.
L:j..;'ct.!'-<~.'i_' 11"1 I U-::::'L' I I r:'..
--
GOVERNING LAW; Each provision of this Contract shall be construed in accordance with and governed by the laws of the otato
of Pennsylvania, provided that to the extent you have greater rights or remedies under Federal law, such choice of stab law
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICc!
THE "DEaTOR COULD ASSERT AGAINST THE SELLER OF.GOODS OR SERVIC~S OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEEI)
AMOUNTS P'AID BY THE DEBTOR HEREUNDER.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT. INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, I1EFERENCE, OR TRIAL BY A JUDGE, ANO NOT BY JURYTRIAL, AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACCEI'TED: The forosoingContr.eti.horeby.sslgnedundertho..rms If you do not meet your Contract obligations, YOIJ
01 the Assisnmenlon paso 7. may lose your manufactured home.
Notice to Buyer: Do not sign this Contract in bIZIf1I(.
You are entitled to an exact copy of the Contrncr
you sign. Keep it to protect your legal rights.
BUYER(S IGNATURE(S):
SELLER'S
SIGNATURE:
SELLER'S
TITLE:
172570000
COUNTRY SIDE VILLAGE HOM3S, I
SELLER:
SELLER'S
ADDRESS: 31 WJl.L]\!LlT BOTTOM RO_~.;)
2/(f/f{
DATE OF THIS CONTFlACT;
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COpy OF THIS CONTRACT.
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Certificate of Title
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January Z!, 2000
GARY L. 'ESENMYER
NAtleTTE Y. POWERS
8, COUNTRY NIEW eSTATES
"E~/ILLE PA 17241
GreefaPe~n1 ~ Crsd~!
RE: Monuf.ctured Home Loon - Account #000006130100600001
NOTla OF INTENTlClI TO ACCELERATE, WIlEllCE lE""L ACTJOII OR REPOSSESS
Vou are nc~ in default on your M:nufl~tured Home loan Contruct. If you ~orrect the defaultl you may
cantinue witn tne contract a~ though you did not default. Your det~ul~ ~onsi&t$ of failure to make timely
p3yme"t~ of one or more installments as agreed to in the terms of tr:e contract.
Thir~y-one (3') daY$ after the date 01 this notice, ~e may have the rignt to c~mmence l~gal action and
repO$sess your m4nufectured home.
Cure of default: Your may ~ure your default by making payment i~ the amount indicated beLow:
Pilt Oue Monthly Payment(s)
S
439.S4
~a'te Charge<i)
s
4.14
Total Cue Now
s
443.68
cr~itor's ril3hts: Any p~rtiaL p':")o1r.ent of the amQunl due whic:, iz rccci'/cd by U$ will be applied to your
acebunt. You will need to ~3Y the fuLl amount by the date indicated above in ord~r to cure your defaul:. It
yeu\do not correct your deiauLt within 31 d~ys due from the postrr.ir~ed dJte of t~j~ notice, we may
exerei,~ our right$ against you under the lJU by accelerating yo~r c~bt ~nd eit~cj r~~o$sessin9 your
manufactured nome or, if necessary, br'~3ing a court action to obta~n possession of ycyr m~nufactureo
heme.
if we aleet to eXerci~e our rig~:s ~5~i~$: you by repo~se~sion of rh~ ~~nufac:ured home yeu moy, at any
~ime before we sell or otheruise dispose of the manufacturd nome or e~tcr into a ccntract for its ~a:e or
ther dis~ositjon. (~hich shall be at leJst '5 days af:er poStm~rK of t~i$ ~e~;c~), redeem the mJ~ufa=!ured
cme by paying us all amounts due plus expenses reasonably incurred by ~~ in.e~taching and tran~pcrtins
th~ manufa~tured heme to th~ site 07 the ~ale and our reasonable at~orneyl5 fe9s, to the extent pe;m~tted by
taw, plus coUrt tests.
If you hJve any questions. write t~ u: u: the aadre3s above or caLL me a: the phone number listed a~ove
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
If thi~ default was caused by your foiture to m~ke a payment 0, pa~~entz. a~d ycu uant to poy by ~;il,
pLe~.e send e ~hc~k or money crder. 00 root ser.d cash.
Manager
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ordl!r to avoid any further default. this <;orresp",do~(""_ " an ,-- .... I .J b .
.. "errp, .0 'o~.~ct a ~e t ano any
information obtained will be ~sed for tr.at p~r;QG(!.
.. (144)
. EXHIBIT "e" ..
Notice of Intent to Repossess
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 2000-1401
v.
Nanette Y. Powers and
Gary L. Fesenmyer,
Defendants
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the above-captioned Complaint.
~~
Erin P. Dyer, EsqUl'
Attorney for GreenPoint Credit, LLC
PA Attorney 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2000-01401 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
POWERS NANETTE Y ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
POWERS NANETTE Y
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
, NOT FOUND , as to
the within named DEFENDANT
, POWERS NANETTE Y
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18.00
5.58
5.00
10.00
.00
38.58
mas Kllne
iff of Cumberland County
ERIN DYER
05/31/2001
Sworn and subscribed to before me
..;~
day of ~
this
2-uu( A.D.
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Pro honotary ,
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IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COiJNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
No. JJ;-o-U - / i/O I
,
~K{
Complaint in Civil Action - Replevin
Plaintiff,
Filed on behalf of:
GreenPoint Credit, LLC
v.
Counsel of Record for this 'Party:
Defendants.
Erin P. Dyer, Esquire
~PA 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217 (") '-"
(412) 422-8975 ~::;:
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N'anette Y. Powers and Gary L.
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IN tHE COURT OF COMMON PLEAS OF CUMBERLAND CUUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
NOTICE
Y ouhave 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 orby 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 anyother 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
2 Liberty Ave
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
v.
Nanette Y. Powers and Gary L.
Fesenmyer,
Defendants.
COMPLAINT
COUNT I - REPLEVIN
AND NOW comes GreenPoint Credit, LLC, by and through its attorney Erin P. Dyer,
Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff' or "Green Point, "
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Nanette Y. Powers and Gary L. Fesenmyer, hereinafter referred to .as
"Defendants," are individuals whose last known address is 82 Country View Estates,
Newville, Pennsylvania 17241.
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3.' On or about February 19, 1998, Defendants purchased a 1996 Skyline
Baysprings Manufactured Home, Serial Number SK11 0468J, (the "Mobile Home"), from
Countryside Village Homes, Inc., (the "Seller"), and entered into a written Manufactured
Home Retail Installment Contract and Security Agreement, (the "Security Agreement") for .
the payment of a portion of the purchase price thereof. A true and correct copy of the
Security Agreement is attached hereto as Exhibit "A."
4. Seller assigned its interest in the Security Agreement to Bank of America,
FSB ("BankAmerica"). BankAmerica.perfected its security interest in said Mobile Home
by having an encumbrance on the title thereto. A true and correct copy of the Certificate
of Title is attached hereto as Exhibit "B." BankAmerica assigned its interest in said
Security Agreement to Plaintiff, GreenPoint.
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$22,000.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
6. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of March 1, 2000, the Defendants' payments of interest
and principal were in arrears in the amount of $420.60. Pursuant to the Acceleration
Clause in the Security Agreement the amount outstanding as of March 1, 2000, is
$21,422.29,
7. Plaintiff provided Defendants 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. Defendants failed to cure the default or return the Mobile Home upon
Plaintiff's demand.
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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:
a. Defendants will pay 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 orderto bring this action GreenPoint Credit, LLC was required to retain an
attorney and did so retain Attorney Erin P. Dyer.
. WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants 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 Horne; 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.
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COUNT II - DAMAGES
By way of separate and alternative pleading. Plaintiff. 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, GreenPoint Credit, LLC. requests:
a) judgment against Defendants in the amount of $21,422.29 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.
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Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit. LLC
2021 Murray Avenue. Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\Green Point\Powers_Fesenmyer\Complaint. wpd
VERIFICA TION
Don Turosik, Collection Managerand duly authorized representative of GreenPoint
Credit, llC, deposes and says subject tothe penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities that the faCts set forth in the foregoing Complaint are
true and correct to the best of his knowledge, iriformation and belief.
~",-..J~
Don Turosik
Collection Manaaer
, -
~reenPoint Credit, llC
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RETAIL INSTALLMENT COI\\Tf1~CT, SECURITY AGREEMENT
WAIVER. OF TRrAL BY URY AND AGREEMENT T
AR8'ITRATION OR REFEREI\I"E OR TRIAL BY JUDGE ALONE
(Contract)
BUYER(S):
,.... T ................._.... ,......_ .........1., Ir\J\',.'[
'f. FO\vERS
fESEl'n~YER
I LOAN PLAN: AO 1 0224? .cj"-
=OR I
i OFFICE NUMBER: 79 06 1
! OFFIC", LOAN SOURCE NO.; 7 5 0 2 J C
IU5-
! C ACCT. NO.:
I ONLY FUNOINCi CODE.
COUNTY: CUMBERLl'.ND
C1TY;NE'jr,IILLE STATE: Pt<. ZlP: 172;:"
PHONE: (7 17) 776 - 97 C 3 S. SEC. #(5): 17 2 - 56 . 0992 203 - 5 8 . 14f C
?ROFOSEOLOCATIONCFMANUFACTUREDHOME;238 SHIPP=:))SBURG M2L EST, SiiIPPENSBURG, PA 17257 --
'I.' 'me," "myself' or 'my' mean ail persons who sign this Contract as buyer or co-buyer, jointly and severally, and "ycu" .01
'your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, iI
approved, it will be assigned to that Creditor. On the date of this Contraci, I buy :rom you on a credit sale basis the manufactl,r0C
home described on page 2, together with fumishings, equipment, a9pliances and accessories included in the manufactlito';;
home at the time of purchase (called "Manufactured Home').
CREDITOR:E~~~~~ER!CA HOUSING SERVICES, A DIVISION OF B.;}iK OF ~~RICA, FSB
NAME: NlIN:::TTE
NAM!:: GARY L,
NAME:
NAME:
297 \10H.:J,WK RD
avy;~:s
;..iJDRESS:
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Salance shown on page 2 of tillo
Contract (item 5) with interest at the initial rate of 10 . 00 % per year. The interest rate I will pay will change in accordancG
with the provisions of this Contract i wiil pay this amount in installments as shown in the payment scheduie,or as recomp\lted
due to changes in the interest rate. until the Unpaid Balance is fully paid. If, on Q 2/2 ~ /18 ,I still owe any amount under
tHis Contract, I will pay such amount in full on that date, which is called the 'Maturity Date." Each monthly payment will CG
applied as of its scheduled due date. If no interest rate is disclosed ~bove, the initiai interest rate is the Annual Percentage F.ate
shown below.
INTEREST RATE: My initiai interest rate may not be based on the index used to make iater adjustments. My interest rate m~y
change 11 months atter my first payment is due and every 12 months thereafter based on movements in the mon;:-dy
average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available .by the Feder,,:
Reserve Soard, which is the index rate. My interest rate cannot increase or decrease by more than 2. 00% at any in!er~"t
rate change or by more than S. OC % over the tenn of the Contract. The interest rate will equal th~ index rate in eficd
45 days before the interest rate change date plus a margin of 5. i 5 % (rounded tc the 'NEAREST 1) 8
of one percentage point) unless the interest rate caps limit the amount of change in the interest rate. if this index rate is no
longer available, you may choose a new index that is based upon com9arable information.
ANNUAL FINANCE CHARGE Amount Financed I .' I Tota) Sale Price i
I Total or Fayments ,
PERCENTAGE The amount' wilf have I=aid The total !;Cst of my I
RATE i at,"r t nave mad. oil I purchase on c:adit .
The dollar ijmount IMe The amo:.Jnt of credit I payments as $chedUled {which is subject to i
The eost of my credit as credit will qost me (which provided tc me or en I (based on the current change) including my
a.ye~rty rata (which is is subjeet to change): my behalf' I Annual ParC';entage Rate down pa2mentaf I
sl,Ibject to change): . I which is subjeet to changs): S ,415.00
10.85 % S 31,748.98 $ 21,678,50 $ 53,427.~B $ 55,842.48
See ;:7 (oace 21 I Fin. Chama ... Amount Fin, Tot:J1 ~av, .. Down Fiavmem I
$ee Contract term: for C1dditional informatiOl"l
;;bout nonpayment, d~fauk required fepilyrnent
il1 full before th.e scheduled date, and
JjreR3yment refunds and penallios,
'Ptli!p.yment: If J payoff early, I will nol
have to pay a p,enalt'/, bur I will not bs
entill.ed to a refund of the Prepaid
Finat'll2 Charge. if any.
I Number of I
l Pa menU
I - 2 I
My , .1 S
payment! 228 s
schedule ! I S
""II be: S
Amount of
Payments
209.2:
223.32
.00
.CO
I
r When Payments Are Due
It Monthly, b~9inn!ng ~'~_-::ZCH 24
Mon'hly, be9inning ~IARC!-l 24
i Monthly, beginning
! r.1cnt~(y. beginning
. i
, I
I
. 19 ----.2:2!
, 19 ---.2...9
.19_[
,19_1
securiry: 1 give you a sec~nry interest in the goods or ,roperty being ,C:.JreMased.
Late Charge: If a oaymenr is mors than 15 days J...te, I will be c."argec 2
s5.00 -
% cf :'''c ur:paid a~o:.mrot :;ucn payment, not to exceed
Va:ri~ble Flate: My Contract C'On~in:.::. variable r319 leature, Qiseo3Ure.:l aCout:-le 'larlatle rale :sature have been prOVIded 10 me earlisr.
As.sumptlcn; Som8one buying my Manufactured I-Icme may, under ceruun cm;umstances. ~e <lllowec to aSSLme the Tllln'lalnderof the Contracf or: tr.e
onginal terms.
E,t:lmat~~: All numenc31 disclosure::; except the late payment disclosure" .are estmate~,
fhe above disciosures are based on terms in effect on the date thIS Contract IS signed. If the interest rate changes. actual Amo';;;'
,f Payments, Annual Percentage Ratc, Flna ore or less than disclosed above. .
JlI.~~946~97
"'AGE 1 C,r:.;'
EXHIBIT "A"
Security Agreement
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e
TRADE NAME: SKYLIN:::
MODEL: :>".YSPRINGS
I
I
--I
.: I
i
I
I
II
oes;'ription bl
Manufactured
Home:
NEW: USED: f:
11. WIDTH::;' 4
YEA,,: 9 6
SE;:lIAl.
NUMSERS: SKI:;' C 4 6 83
I,=M i I
SEf1IAL NUMS:R
ADDITIONAL
ACCESSORIES
AND FURNiSHINGS:
022498
I
ITEMIZATION OF AMOUNT FINANCED
1. Cash Prios (Induding Sales
Taxof$ .00 ):.....
2. a. Cash Down Payment....... S
b. Trade-In (Year. Make, Model):
Length Width
Gross Value $ . 00 uens S
S' 23, 900 . 00
2,415.00
.00
(SslJer to payoff)
,~~
S 2.415.00
S 21,485.00
Net Trade-In Value S
Total Down Payment... ............"..
3. Unpaid Soiance of Cash Price (1 minus 2)
4. Amounts paid to others on my behalt:"
a. To lnsurance Companies:
(1) Properly Insurance...... S
(2) Credit Ufe Insurance S
:- b. To Public Officlais:
(1) Certificate of Title S
(2) FILING ::-:::ES'" S
c. To Credilor:
For. S
d. To:
For:
166.00
.0'0
22.50
5.00
.00
.l.9j.50
5. Unpaid Balance (3 pius 4).. S - 21,678,50
6. Prepaid Finance Charge.. . S ,00
7. Amount Financed (5 minus 6) S 21.678.50
'/ understand and agree that a portion of certain of these amounts
mOlY be retained by you or your affiliate.
F'~50&Ul4G1l7
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LENGTH: i 0
'I'
I
1,..'01 II
SERIAL NUM6ER
INSURANCE -I
PROPERTY INSURANCE: Property Insurance an the
Manufactured Home is required for the term of this
Contract I have the right to choose the person through
whom it is obtained. By marking Ihe appropria1e line'
below, I elect to buy the coverage indicated from yoe:
for the term and premium shown, and I want it finanoec
on this Contract.
Type of Insurance Term Premium
X Phytic.:I1 Damage CoVOt:Jie 1 2;105 $ 166. :) 0 !
3ROAD FOP~l S I
LIABILITY INSURANCE COVERAGSE FOR 80011_; I
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNtESS INDICATED n,
THE PROPE:RTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life Insurance is
not required far this Cal'\tract or a factor in its approval.
. . If I elect Credit Life Il'\surance, the name(s) of tha
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly.)
This insurance may not payoff all of my debt, and ti10
exact amount of coverage Is shown on my policy cr
certificate. My signature indicates my election to obtain
Credit Life Insurance coverage far the term and
premium shown:
Type of Coverage
Term
Premium
Single
s
J'lint
$
Date
(sIgnature)
,
Date ,
,
(si';:mature) j
(If joint coverage, is desired. both proposed insureds must sIgn.) i
1~ ,~ '-,~ ,_,-,~; ,,""- "-'.:"'i"'l'< --.",'=".-,~
~~-, '
VARIA8lE.RATE:
"a. Monthly I"ayment Changes. My m~" .,ily payment amount will change each time, " interest rate is adjusted. The montr:I""
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly paymc".:
over the remaining term of this Contract
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of .an adjustment in the interest rate ,,,,,
monthly payment at least 25 days betcre the adjustment. This netice will contain information" about the index rate, Intcc""
rate, payment amount and remaining unpaid balance.
c. Conversion to Fixed Rate. I may choose "to convert this Contract. to a fixed rate Contract at any time beginnit~~"
ZERO years from the date of this Contract and ending 2 G " years tram the date of this Contract. Ir
order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of rn,
desire to co~vert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion tee" Tll;
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive rro\
written notificanon, The new fixed rate will take effect on the "Conversion O'lte."which shall be my next payment due <ii'll'
that is at least 30 days atter -your timely receipt of a revision agreement signed by all Borrcwers together with '-
nonrefundable conversion fee of $ 200. 00 . The new fixed rate and the Ccnversion Clate are subjec: tc
change" if my revision agreement and fees are received ar.er the date specified in the revision agreement. My new paYlTlu"
amount will be effective with the first payment following the Conversion Date,
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and il'
all goods that are cr may hereatter by operation of law become accessions ~c it. (2) all appliances, machinery, equipment a"1C
other goods furnished with the Manufactured Home (whether or not installed cr affixed to it) including but nct limited tc the itom,
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiur",
financed in this Contract, (4) any substituticns or replacements 01 the fcregoing, and (5) all proceeds of"such Manufacturec
Home and accessions, and of any Additional Accessories and Furnishings" This security interest secures payment aco
performance of my obligations under this Contract, including any additional debt arising because of my failwre to perfcrm r."
cbligations under this Contract and includes any ccntractual eXtensions, renewals or modificatioris. My execution of this Con be
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I ~'ii
sign and deliver to you whatever financing statements "and other documents ycu deem necessary tc allow you to perfect yew
security interest in any personai property and fixtures. I agree that you may iIIe this security instrument or a reproduction therEU:
in the real estate records or cther appropriate index as a financing statement for any of the items specified above. ;\n\
reproduction of this security instrument or any other security agreement or flr,ancing statement, and any extensions, renewais. c:
amendments thereof, shall be sufficient to perfect a security interest with respect to such items.
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A'PARTIAL PREPAYMHIT.
THERE WilL 8E NO CHANGE IN THE ClUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREiO
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required tc prcvide physical damage insurance coverage protecting the Manufactured Home rc,
the term of this. Contract against loss by fire, hazards inciudedwithin the "term "extended coverage" and any other hazards.
including flood, for which you -require insuran"ce, in an amoun~ equal tc the lesser of the actual cash value cl ths
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the 'Minimum Coverago"';'
The insurance policy will ccntain a loss payable clause prctectlng ycu (as your interest may appear), and provide for 2
1 D-day notice of cancellation to ycu. Unless you consent in 'IIriting, I shall not add any additional Joss payee to the Insurancs
policy. I have the right to chocse 1he person through whom the property insurance policy is cbtained. If my insurance
coverage expires Or is cancelled prior to payment in full of this Contract. I must obtain no less than the Minimum Coveraoe ;:
my expense fcr the remaining term of this Contract. Shculd J fail to maintain the Minimum Coverage, you may, but ar; n.o:
obligated ;0, obtain insurance coverage. I agree that any insurance you purchase may be fcr the protection of only Y""'
Interest In ,he Manufactured Hcme, lTlay nct fully protect me In the event of a loss, and may be for such reascnabie period E::
you determine. If you decide, in your sole discreticn. to cbtain insurance, you wii! notify me of that fact and that the ccst. P'!"'"
Interest at the Contract rate, will be added to my debt. I will repay such amount dUring the term of the policy in the manne:
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than micht t"
the case ill had purchased the insurance, and that you may purchase the insurance from an affiliated company which me',
receive a prcfit for this service. .
IA:350!4tl.o4l17
ORIGIXAL COpy
PA~E ~ :::;." ~
. ,
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b. Assignment and Application ot Insurance Proceeds. : hereby grant and aOSlgn to you the proceeds 01 any a"e: JII
"insurance coverage on -lhe Man\.. Jred Home, rncludi:1g any oi-'tional coveraL :uch as earthquake insurance, whic~ In
type or amount is. beyond the Minimum Coverage. In the event of a loso to the Manufactured Home, I shall give prompt n""ce
to you and the insurance carrier. If I tail to promptly notify or make proof .of loss to the insurance carrier, you may do so cr. '';1f
behalf. All physical damage insurance'proceeds. including proceeds from optional coverage, shall be applied to restoratlsc or
repair of the Manufactured Home, unless you and I agree otherWise in wrjting or unless such restoration or repair i:; (iot
economically practical or feasible, or your securitJ interest would be lessened. If such restoration or repair is not practic,.1 cr
feasible, or your security interest would be lesseoed, ycu shall apply the insurance proceeds to the remaining unpaid baia.lco
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. I. heroby
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to oblain sceh
insurance payments.
LATE CHARGE: I agree to pay a late charge fcr late payment as set forth on the front of this Contract. Only one [ate charge '",ill
be made on any delinquent installment regardless of the period for which that installment remains in default. After this Cont;RC:
matures, whether by acceleration or otherNise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the actual charge of the dishonoring institution (or such higher amOl;nt
as allowed by law) if any check given to ycu is not honored oecause of insufficient funds or because no such account exists.
EVENTS OF DEFAULT: I will be in default under this Con1:act if: (a) 'I fail to make any payment when due; (b) I fail to timeiy
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which lhe
ManUfactured Home is located; (c) [ violate restrictive covenants, rules or regulations relating to the real prop,erty and/or facHi",
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you o,ay
reasonably determine: (e) I remove the Manufactured Home from the addres$ shown on this Contract unless I notify yeu in
advance and receive your written consent; '(f) I sell or attempt to sell or to transfer any beneficial interest in the Manufactul'ed
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate without
first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally; (i) I fail to
promptly pay any taxes and other liens and encumbrances on the ,Manufactured Home or on the real property on which it is
located, ff this is my responsibility: andlor OJ I fail to do anything else which I have promised to do under this Contract.
NonCE OF DEFAULT; If any of the above specffied Events of Default have occurred, you may do whatever is 'necessacj to
correct my default. You will, except as set forth below, first give me a Notiee of Default and Right to Cure Default before you
a,celerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contract. The Notice will tell me what my default is and how 1 can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) I h~'.'9
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home' is transferred from me, which 'Nill
be at least 45 daysaf1er receipt of the Notice of Default and Right to Cure Default. To cure a default. I must pay: (a) all amounts
which would have bean due in the absence of default and ac=eleration; (b) the attorney fees set forth below: (c) any late chacges
that are due; and (d) reasonable costs Which are actually Incurred for detaching and transporting the Manufactured Home to 1M
site of sale. I must also perform any other obligation I would Mave had to perform in the absence of default.
REMEDIES UPON DEFAULT: If I do not ctJre the default, you may do Gither or both of the following at the end of the notico
period, as aliowed by applicable law; (a) you can require me to immediately pay you the entire remaining unpaid balance dug
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required to send me the 'Notice of Default and Right to Cure Default, you will hav'3
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell It. If the amount from
the sale, after expenses, is less than what I owe you, \ will pay you the diiierenoe except as otherwise provided by law. ,".11
remedies are cumulative and you may enforce them separately or togethGr in any order you deem necessary to protect YCIJr
security.
AF!8ITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim bet.-:een 0' among you and me or our assignees art$mg out of or reialin,:; :.,
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any c:all71
based on or arising from an alleged tort, shall, if re~uested by eilher you or me, be determined by arbitration, reference, cr
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asoertin'J
Claims arising from a single transaction, shall be determined by arbitration as described below. Any other controversy shail be
determined by judicial reference of the controversy toa referee appointed .by the court or, it the court where the controvGr.~y
is venued lacks the power to appoint a referee, by trial by a judge without a jury, as described below, YOU AND I AGREE:
~A'508~"""!I7
\d ,; _~,<' ""
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WHETHER THE CONTROVERSY Oh -:lAIM is DECIDED!:lY AHI;IIHAIIVN, bY .JUL./I<,,''''L ncrcn",,,,,,,", vn '.,
TRIAlla'/' A JUDGE. '
b. Arbitration. Since this Contract touches and concerns interstate commerce, an arbitration under this Contract shall I"
conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice c
law provision in this 'Contract. The Commercial Ruies of the American Arbitration Association ("AAA") also shall apply, n.,
arbitrator(s) s;,,,II follow the law and shall give effect to statutes of limitation in determming any claim. Any controvOfo:
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shail be I,
writing and include a statement of reasons lor the award. The award 'shall be final. Judgment upon the award may be "".tere.
in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be .entertained excep' r"
provided by Section 1 0 of 1he United States Arbitration Ad or upan a finding of mannest injustice.
c. Judicial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (a
that is not submitted to arbitration as provided in subparagrapn (b) shail be determined by reference to a referee appolntG(
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and I shall designate to Ii'"
court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponsCJre(
proceedings. The referee shall be an active attorney or retired judge. If th$ court where the controversy is venued laCKS ::"
power to appoint a referee, the oontroversy Instead shall be decided by trial by a judge without a jury.
d, Sell-Help, Foreclosure, and Provisional Remedies. The prcvisions of this paragraph shall not limit any rights that you or
may have to exercise self-help remedies such as sel-off or reposses~ion. to foreclose by power of sale or judicially against 0
sell any colla1eral,or security, or to obtain any provisional or ancillal)' remedies from a court of competent jurisdiction betce.
after or during the pendency 'of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of an,
such remedy Shall serve as a waiver of the right of either you or me to demand that the related or any other dispute 0
controversy be determined by arbitration as prOVided above.
AiTORNeY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with tilE
enforcement of this Contract or any instrument or agreement required under this Contract, or in connectiol't with any disputf
relating, to this Contract, you will pay my reasonable attorney fees, court costs and necess,ary disbursements incurred ir
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with th'
law. If you prevail in any such action or proceeding, or in the e'xercise of any self-help remedy as describe,d above, I will pay anI
court costs and necessary disbursements to the full extent permitted by law, together with reasonable fees imposed on you J,
an attorney Who is not your salaried employee, provided that peior to commencement of legal action such fees may not eXC3"C
S50:00 and further provided that no attorney tees may be charged prior to my receipt of the Notice of Default and Right to CUr1
Default
OTHER TERMS ANO 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) tQ pay you a transfer fee if I sell the Manufactured Home, ,unless such fee is prohibited by law; (~,
to pay inferest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date ot maturity until paid ir
fUll; (d) to reimburse you, immediateiy upon your demand,'with interest at the Contract rate, the amount of funds you actuall)
advance on my behalf to correct my default; and (e) that if I am married, and residing in a community property state, beth nl,
community property and separate property \Vii! be liable fer all payments due under this Contract.
ASSIGNMENT; You may assign this Contract to any person or entity. All rights granted to you under this Centract shall apply to
any assignee of this Contract
CBE01T INFORMATION: You may investigate my credit history and credit capacity in connection with opening and callac:/ns
my account and share information about me and my account wilh credit reporting agencies. You may sell or otherwise furnisr
mformatlon about me, including insurance information, to an orhers Who may lawfully receive such information. You may furnisi'
Specific information about the Manufactured Home and any insurance pollci9S on the Manufactured Home to any insurance
agent to enable such agent to quote"premiums to me and solicit my insurance business.
WAIVER; Waiver of any default shall not constitute a waiver of any other default. No term of this Contract shall be ahaocEe
unle~s in writing and signed by one of your officers. This Contract is the entire agreement between us and I agree that no or~i '"
Implied representations have been made to induce me to enter into this Contract.
VALIDITY; Wherever, possible eacM preVision of this Contrad shall be interpr$ted in such manner, as to be effective and v~,IIC
under applicable law, but if any proviSion of thIS Contract shall be prohibited by or invalid under applicable law, such provIS:C:
shall be Ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of sUCh provision or tl"
'A.:lsa6~.Qq7'" .
ORIGINAL COPY
F"4Cl: 5CF-;
remaining provisions of tDis Contract This Con~ract shan be of no effect UlitH and unless signed by me and you, In no even: :;)\2.!'
. any' ch'arge under this Contract exe the highest amount allowed by applicabl< " It any exceSS charge IS received, ,',:ci',
excess sh<rll be refunded or applied to the amount due.
GOVERNING LAW, Each provision of this Contra:;! sr,all be construed in ac:;ordance with and governed by the laws of the 3tatc
of Pennsylvania, provided that \0 the extent you r,ave greater rights or remedies under F.ederal law, such choice of stat" 1,1\'/
shall not be deemed to deprive you of such greater rights and remedies under Fedarallaw.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SU8JECT TO ALL CLAIMS AND DEFENSES WHIC,'~
THEDESTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OSTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREouNDER BY THE DEBTOR SHALL NOT EXCEEi)
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING :;OR
RESOlVING DISPUTES Sly ARBITRATION, REFERENCE. OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
S'eEN MADE.
ACCEPTED: The forogoingCcnu.c:i. herebyossignec "ntierL,...mlS If you do not meet your Contract obligations, you
01 the Assignmontcn pago 7. may lose your manufactured home.
Notice to Buyer: Do not sign this Contract in bl,ml(.
You are entitled to an exact copy of the Contr(lct
you sign. Keep it to protect your legal rights.
BUYER(S IGNATURE(S):
SELLER'S
SIGNATURE:
SELLER'S . AI
TiTLE: /V{ I
172570000
~OUNTRY SIDE VILLAGE HO~S, IN
SELLER:
seLL;R'S
ADDRESS: 31 '^,ALNUT 30TTOM ROl'.:J
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DATE OF THIS CONTRACT:
I AGREE TO ALL THE TERMSON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECeIPT OF A COMPLETED COPY OF THIS CONTRACT.
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~ERTIFICATE OF TITLE'F0"<.A VEHICLE:. 010
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EXHIBIT "B"
Certificate of Title
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Janua~y 2!, 2000
CARY L. ';SE~MYER
NAtlETTE Y. ?CWERS
82 COUNTRY NIEW ESTATES
NE~lILlE PA 17241
Gree=-a~\Q5~:} ~ Cr'S~3i
R=' MOMuf~c~ured Home LOun . Acc:~~: #C~COQQ13010CeCOGa1
NOTICE OF IWie~T1OW TO ACCELERATE. DOMMEHCE LEG;L ACTION OR RE?OSS~SS
You are new in d~fault en yo~r H:r.~f:=:~~ed Home Lc~n C:~truc~. If y~u ~orrec, the default, yeu may
~=ntinue witn tM~ contrac~ as thou9~ you did not default. Y~ur c~f~ul~ cc~si$tz of taltur: to make timety.
p~yment~ of one or more installmer.ts as egreed to in the terms of tre centr;ct.
Th;rty~one (31) daY$ after the a3t: of t~~: ne:fce, ~e may have the right to c~r.ce (egu{ ac=fcn ~nd
repossess your ~nufact~red home.
Cure of default: Your may c~re yc~r defavlt by maki~5 payme~t i~ the am~unt ir.ciG~ted b~low:
Past Oue McnthLy ~eymeMt(~)
$ v-."39.54
t.a.te Charge(s)
S '-.1',
Total Due Now
5 4':'3.60
Cr~itorls righ~~: Ar.y p<l/"ti;l l=:yr.er,t cf the amO\,int c:.1e which i!; rc:ci'/cd by 1.:S will be applied to YOUl""
acchunt. You wll L need tQ ,:3y the full ~:'l",Our:!: by the cate ir,di c~teQ aCO'le in ord~r to C'Ul""e Y01.,lr ciefauL':. If
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yeu\do not t:orr-ett your'. deiau l t wi:h lr. 3 i d~y:; due frcm -the pcrs:trr.ari::ed c,Jte of tJod ~ t",o~i ce, \ole r.:ay
excreise our rishts against you uncer t~e tJ~?Y ac=elera:1n; YC~i ~ebt ~nd ei:~c~ !"QPo::oess;ng your
mar.ufactured home or, if neces;;.:-;, bii~ging a court 'ac:ion t~ OCt,;:'!"! ";::osses,.;Qn of ycur m:mufactu.-ec
heme.
;f W~ ~lect to exercise our rights ~g~i~~: you by rep~~~e~sicn of r~e ~ur.ufact~red hom~ ye~ moy. at any
time cefor~ we s~tL or otheryise ~ispesc of the manufacturd heme or e~:c:. ir.t~ = contract fer it: sa:e or
ther dis~osition, (which shall' be 3'\ leiJSi: '5 days .af~:;r pOnlr.3ri< of tr.is r:c::OlceJ, redeem the rr:J:;,:ura:::urec
erne by paying us all amounts cue plus e~penses reabcnabLy incwrrec by ~~ ir. d~tach;ng and tran~pc~:';,:~
th~ manufat:tyred heme to th~'si~2 C7 the sale and,c~~ re=sonable a::orneyl~ f~95, to the ~xtent pe~lr.it~2d by
la~. P\Us court ccsts.
It you huve any ~westjons. write ~~ u: ~: !he aCdre~s 8ceve or cal: me ~. the p~one numbe~ lis~ed a~ove
bet~een the hours of 8=nO a.m. ar.: 5:CO ~'~" Mcnea, through rile;.,
If thi~ dcfuult was caused by your f~iture t~ maKe a p~~e~t or pa~~e~t~, ~~~ yew ~ant to p~y by ~=it,
Fleuae ser~ a ehe~k or mor.cy cr:er. Oc ~ot ~er.ci cas~.
Manager
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If any aooi:ionat regular pa~c~~ becc~e~ c~e euri"g ~~is :Uie Fe,:c~,
order to aveid any fur~her de~a~t:. i~i~ cJrrespo~ce~~e 1~ ~n Jtt~~:
inlcr~~tlcr. ebtai~ed ~il( ce ~:e~ f=~ t~;t ~~~~~~c.
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EXHIBIT "C"
Notice of Intent to Repossess
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WRIT OF POSSESSION (Ejectment Proceedings PRep 3160 - 3165 etc.)
GreenPoint Credit, LLC
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
No.
0'-1401 Civil
Term
Term
vs.
Nanette Y. Powers and
Gal:y L. FeseIlllyer
82 Country View Estates
Newville, PA 17241
Costs
Att'y.
PI'ff (s)
Prothy.
279.88
$
$
$
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of
ClInberland
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GreenPoint Credit, LLC
Plaintiff (s)
being: (Premises as follows):
82 Country View Estates
Newville, PA 17241
1996 Skyline Baysprings Manufactured Hone
Serial Number SKII0468J
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Curtis R. Long
Date June 5, 2001
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
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(SEAL)
Deputy
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By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances. and
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ro ACTION TAKEN, DEFENDANT NANE'ITE PaVERS IS ro LONGER RESIDING AT ADDRESS STATED.
DE FENDANI' GARY L. FESE!\MYER HAS FILED GfAPTER 13 BANKRUPI'CY
55.20
SHERIFF'S COSTS:
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Sworn and subscribed to before me this ..l~
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