HomeMy WebLinkAbout00-03289
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION IN REPLEVIN - LAW
GreenPoint Credit Corp.,
Plaintiff
No. ()O - .3.:lJXf
CL\{Y~
vs.
Diane Lee,
Defendant
NOTICE TO DEFEND
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 defense or objections to the claims as 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.
A VISO
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una com parencia escrita 0 en persona 0 con un
abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones alas demandas en
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contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede
decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dinero 0 sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDlATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO V A Y A
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE
ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166; (800) 990-9108
BY:
atthew ,Gunt
Attorney J.D. No. 43770
Attorneys for Plaintiff
33 North Duke Street
Lancaster, P A 17602
(717) 394-0521
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ACTION IN REPLEVIN - LAW
GreenPoint Credit Corp.,
No. tHJ. 3.2 f'1 ~
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Plaintiff
vs.
Diane Lee,
Defendant
Complaint
1. The Plaintiff is GreenPoint Credit Corp., a Delaware corporation duly qualified to do
business in Pennsylvania and having a place of business in Pennsylvania at Southpointe Plaza
No.1, 400 Southpointe Blvd., STE 230, Canonsburg, PA 15317,
2. The Defendant is Diane Lee, an adult individual residing at 300 Walnut Lane, Carlisle,
Cumberland County, Pennsylvania 17013.
3. The Plaintiff holds a security interest in, and is entitled to the immediate possession of
a 1977 Redman, model New Moon, mobile home, serial number 12207652 (the "Home"),
4. The Home is located at the Defendant's residence.
5. On November 23,1998 the Defendant purchased the Home, borrowed the purchase
price from Plaintiff, and executed and delivered to the Plaintiff a Note, Disclosure and Security
Agreement evidencing the Defendant's repayment obligation (the "Agreement"), A true and
correct copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by
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reference.
6. The Agreement grants to the Plaintiff, a security interest in the Home.
7. The security interest was perfected by notation on the title for the Home.
8. The Defendant has repeatedly defaulted under the Agreement by failing to make
timely payments required thereunder.
9. As a result of the Defendant's numerous defaults, on April 13, 2000, pursuant to 69
P.S. 9 623 G, the Plaintiff's predecessor in interest served upon the Defendant, by certified mail,
notice of intention to accelerate, commence legal action, and repossess with respect to the Home
(the "Notice")" A true and correct copy of the Notice is attached hereto as Exhibit "B" and
incorporated herein by reference.
10. Despite the Plaintiffs repeated demands, the Defendant has not cured her defaults
under the Agreement as of the date hereof.
II. The Plaintiff has exercised its rights to accelerate all amounts due and owing under
the Agreement.
12. The retail value of the Home is approximately Nine Thousand Fifty-Two ($9,052)
Dollars.
13. Pursuant to the terms of the Agreement and the Plaintiffs rights under Article Nine
of the pennsylvania Uniform Commercial Code, the Plaintiff is entitled to possession of the
Home in order to enforce its security interest in the Home and to sell the Home and apply the
proceeds toward Defendant's indebtedness under the Agreement.
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14. Despite the Plaintiffs demands, the Defendant will not relinquish possession of the
Home or pay the balance owing to the Plaintiff.
Wherefore, the Plaintiff requests (I) that the Court enter judgment in favor of the Plaintiff
and against the Defendant, ordering that the Plaintiff be granted possession of the Home, or for
damages in an amount equal to the outstanding amount due under the Agreement, if the Plaintiff
cannot obtain possession of same, (2) that the Plaintiff be awarded costs of suit, and (3) that the
Court order such further relief as it deems just and proper.
APPEL & YOST LLP
By:
Iiew . Gun arp
ttomey J.D. No. 43770
33 N. Duke St.
Lancaster, P A 17602
(717) 394-0521
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Verification
I verify that I am a collections officer of GreenPoint Credit Corp., that I am authorized to
make this verification on its behalf, and that the averments made in the foregoing Complaint are
true upon my personal knowledge or information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to autllOrities.
Dated: n~ I ~ , :J,.auo
CJ~.jI.jI~
Donald F. Turosik
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MAY-16-2000 16:28
PENNSYLVANIA
NOTE. DISCLOSURE AND SECURITY AGREEMENT,
AND AGREEMENT TO ARBITR~TE
(Agreement) ~
BORROWER(S): NAME: DI.>.NEf- LEE
NAME: ~
. NAME:
B:lRRCWER:S NAME:
ACCFlESS:~l:L N FRom STREET
STATE: ~ ZlPCOOe: liUO
LOCATION OF MANUFACTURED HOME: ~ 00
GREENPOINT CREDIT 61
412 873 5827
P.06/12
.MH FIXED FlATE DIRECT LOAN
;0::~,::::~~~ LOAN PLAN: F 0 1 112 09 a
.FOi:i~.~::;. OFFICE HUMBER: 79075
iQf~:~ LOAN SOURCE NO.:
:USE''"'" ACCT. NO.:
Qi~kI 'fIV.OS NO.:
"'~~',,::o' PUNOING CODE:
COUN1Y: CUMBERL.~'D
ellY: HAR1<.ISaURG
PHONE: (717) 213 -917 a S.SEC"(S): 12~' 48' 8180
\~!\LNUT tJl.NE, C....RLISLi, P.'!. 17 013 rReal Fropeny'l
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"I: 'me: 'mysetr ar 'us" meaf\$ all pelSOni wtlc sign this Agreement as bonawer Ql' ec-borrllWeI', jointly and _erally. and
"you' or "yoUr" means the Lender indiealed below. On the date of this Agreement. I bo".aw from you the Unpaid Balance shOwn
bBlow. The manufaC!urecl hame descrlbeclbelow, lagether with furnishings, equipment, IIppllances and acceSlscries affIXed to
the manutactul'lld home (called 'Manufactured Home') secUI'$S this loan as set faith In the Secunty Agreement contained
herein.
LENDEFl: GREENPOINr CREDIT CORP.
PROMISE TO PAY: I premise 'a pay yau at such addreS8 as you may direct the principal sum o~
EIGHT T"OUS?.ND NUl::; HUNDRED FIFT'i T\~O p.ND 50/100 DO!.tJl.RS _.
(US S a ,9 5 2 . 5 C l, (the 'Unpaid Balance") or sa much as may be outstanding, with Interest at the rate of
12.50 %
per year unlillhe debt it paid in full. The Unpaid BsJance shall Include and I wflI pay interest 01'1 8/lY prepaid finance charsee yau
agreed to advance me. I Will pay thIs amount in monthly installm8l1ts as shown herein In the Payment Schedule unfilthe Unpaid
Balance plus all acctued interest Is fully paid. Addi1lol18l1y, I promise to pay any ather cha'ge. that I may owe under the
Agreement. If on 11/20/08 .1 still owe any amount under this Agreement I will pay such amount In full an that dale,
which is called the "Maturity Dote.' When you calculate interest, every year shall have 360 days IInd eveIY month shall have 30
days and each monthly payment will be applied as of the scheduled due date.
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120 i $ 131 .05 Mon1t1ly. tlOglMing O::.Cli:MB":R. 2 C
_ S .00 Menlhly. tlOQ"""Q
S . 0 0 Men,",\,. bovinning
.00
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ARRUAL PERCENTAGE FlA1Q
The.... 01 my or..~... )'nrly rOll::
FINANCE CHARGE
",. .c!ollat .qmo.unt 1J'le cnIdft wUl
CC$(me:
Amount Flnan*
'The WT1Ountof Q'8dir provided
co me Qt' 01'1 my behalf=
S 8,526.50
iota! '" Payments
1'he amount! will have paid.ntr I
have IfIIde all paymentt: U.sc:t'ledU'lecd]
S 1.: .726 . 0 C
I..~" "';Fin.Ctl8loO+A""uotFln."~
13 .73 %
$ 7,199.50
P"YMENT sellED1Jl.E:
""'...."..ont: II t ~YQ~ early, I will n,""''''''' ~\'. penally.
Seeurtcv: I give yeu" $Runt'; in~rnt in:
X tf'le ManufaCllJted Home and household goods.
u. Chlirglt: If 1he Unpaid aalanoe is 9rea"lP'l~ S2S,000,OOand if 1118 ~aYmlil"t is mort tlan 18 days ).aW, J'MIJ be c:h8r;ed alafl!l cl\argeor 50/. of the
unpaJd amClunt of suah pa'1fMnt "0110 ellCleed $5.00.
ANumpdctn: Someone buying my Manufs.oQ.lted Hom. may nQ1~I.n'l.lhe r'rnalF'lCll!lr 01 \nIt AOfnmet'lt Ot"lll'ler original terms wllhout your prIor wrlQln
CCl'l$i!Int ,
$OOurfty 1_10,"119": SoCUhry In18r..f F... SO. 0 0
See the lerms of 1his .AQr..m.nt fQr acfClltlOnaJ inlonnatlon about nonpayment, d,ll.uh, required rvpayment in lull ~.ror. the scheClUlltl O'.;.lf, aM pr.pe.ymenl
"I""dune! pena$e..
If you da not meet your Obligations under this Agreement, you may IllSe your Manufactured Home and other hl>Usehold goods.
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ORIGIN.'..l COpy
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MAY-16-2000 16:28
GREENPOINT CREDIT 61
De$e.;pllon of
Manl.lf;etllled
Home:
1RAC~ NAME; REDMl-.N
YEAR: i 7
NEW:
USEe:
SeRlAl.
NUMBEFlS: l2. 2. 07 6 52
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412 873 5827 P.07/12
MODEl.: NEW MOON
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I.eNG1'H; 7 0
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AOOITlOHAI.
~ESSOFlles
AND I'URNIS~INGS:
'. "'::O:':""'.',"'::'::::'::lTEMIZA:1'I0IIt OF..M;lOUtfr:EIJilAHCSD.,::".':::':::-,:"",:"
1. .. Amounl of credlI pravllled to m. or on ll1y beholf;
$ 8,499.00
b. Amount ccedll8d to my account:
$
2. !\moun" paiclllll>1h... on my bIllIan:'
a. To 'nsuranCll Companies:
(1) Properly lI1lluranC8 $ .
(2) Credit !.ire In.lICan... $
~. To Public Official.,
(1) Certillcalo olTilla S 22.50
(2) fILING F-- $ 5.00
o. To;
Far:
s
~. To:
For:
$
e. To:
For:
s
1. To:
For:
S
9- To: MI:':'E,.,llIu"M MORTG,'!.GE COR?
For: I!::<OIG:R i"::::::
S 426 . 00
h. To:
Far:
$
3. Amounts paid III Lerulor:
For.
$
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PROPERTY INSURANCE: Property Insurance on the
ManufaCtUred Home Is required lor the term of this
AgI'Mment. I have the right to chOClee the pi",on
through wham ~ is obtained. By rnarklng my in~ials
next to a 'Type of Insuranoe" listed below, I elect to
buy the ill$Urance caveta.ge l1\<Ilcatecl far the term a11<l
plIlmlum shown. and I want you to finance It on this
AgI'Mment
IYpe of InsurlOoe
_ PhYlal n..~. CO..
_ BltOAP FORM
Term
o MO S
o MO S
S
Premium
.00
.CO
LIABILITY INSURANCE COVERAGE FOR BODILV
. INJUFlV AND PROPEFl1Y DAMAGE CAUSED TO
OTHERS IS Not INCLUDED UNWS INDICATED
IN THE PROPEFl1Y INSURANCE SECTION ABOVE.
. CREDIT LIFE INSURANCE: CREOlT LIFE
. INSURANCE IS NOT REQUIRED FOR THIS
I AGREEMENT OR A FACTOR IN ITS APPROVAL IT
, WILL NOT BE PROVIDED UNLESS I SIGN BELOW
AND AGReE TO PAY THE ADDlilONAL COST. If I
elect Credit Ufe Insurance, the name(s) of the
proposed insured(s) are:
PropoSed Insured
Proposed Insured
(Only spouse can be insure~ jOintly.)
This Insurance may not pay oft the entire Unpai~
Balanoe under this AgI'Mment The exact amount of
cove",se is shown on my policy or oertWlcate. My
signature Indicates my election to obtain Crod~ Ufe
Insurance coverage for the torm and premium shawn:
Term
Premium
Type of Coverage
8,952.50 _ Single
$
--$
4. Unpoicl Balance (ia an~ 1 b. plus 2 and 3) S
5. Prepaid F1nanee enorge
426.00
$
_ Joint
, I understand find agree that a portion of certain of these
&mounts may be retained by you, your affiliate, or the Seller of
the goods or aelVices.
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(sJgnalUti) 0.10 I
(If joint COV.,ago i. d..lred. both proposed in.ured. musl.ign.) I
CRIGINhL COPY ."'''0''
6. Am....nl Ananced (4 minus 5)
8,526.50
$
lCf!'A,a,,4PN
0.10
(Glgna1lJre)
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MAY-16-2000 16:29
GREENPO I NT CRED IT 61
412 873 5827 P.08/12
ADllmONAL TeRMS AND CONDmONS
SECURITY INTlEREST: I grant you a security interest und....the UnWarm CQmmM'iaI CClCIe In (1) the Manulactured Home and in
all gOOdS that are or may hereafter by aperation 01 law became acce68ians to it, (2) an appUances, machinery, equipmel1l and
other gQQds fumished and affixed to the Manufactured Hame Including but nat Iimtted ta the items listed as "Additional
Accessories and Furnishings" on page , at this Agreemen~ (3) any retunds af uneamed insurance premiums financed In this
Agrwmant, (4) a'Nf substitutions cr IllplaCSmellts of the foregoing. and (E) all prac&ede of well M &n\lfacturec! Ha"", an(l
acctsS/OI1$, and af any Add/Uonal Accessorios and Furnishings. This secUrity Interest SecurllS payment and performance at all
my abfl\laUona under this Agreement. including any sdd'lllonal debt arising because of my faUure to per!onn my obllgaliclns under
this Agreement and includes any contractual extel\lllons, renewals or madificatians. Nalwithstanding MY other provision of this
Agreement you are not granted and wlO not have a non-purchase mcney security Interest in hausehold goClCls to the extent such
a seCllrity Interest would be prohibillld by applicable law. To lI\Q extenl permllted by appncable law. my executian.'" this
Agrwment constitutes a waiver at my personal propel1)l and hameslsad exemption right$ to the Manufactured Home herein
describecl. I .Iso eulhorize you, at my expense. to sign aile:! file, wlthaut my signature, such finMcing and conUnuat/On
statements, amendmenl$, and supplements thereta, and any other dacuments which you may frQm Umelo time deem _silry
10 perfect, preselVe and protect your security intere.rt In the Manuflt,ctured Hame. I agree thal yau may file thl3 security
il\StNment or a r&pTClCIucli"" thereof in the real estate recorlls QT other appropriate index as a financing statement for any of the
items slleQified above. Any reproduction of this security inctrument or any other security agreement or financing slstemenl and
any extensions, reneWSls. or amendments ther"'" shall be sutflcient ta perfect a security Interest with respect 10 such items. I
alsa agree ta pay any filing ar recording fees necessary lor yau to get and keel' In larce yaur security interest, and any release
1_ after this Agreemenl is paid in full.
PREPAYMENT: I MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENAL TV. II , make a partJa!
~repayrnent, there will be na change In the due dates QI' amounts of my monthly payments, unltllls you agree in writing to those
changes, Any ~repald finance charges are eamed when paid. III prepay this Il>an In lull or delault and you demand payment al
the entire balsnce due, no pO/tion of any prepaid finance chsrge will be refunded.
PROPERTY INSURANCE:
a. M1nllTlum Coverage. I am required ta provide uninterrupted physical damage in'lUrance coveRlge ~ratecting Ihe
Manufactured Home lor the term af this Agreement agalnst loss by fire, h8l:ards Included within the term 'extended
coverage' and any ctller hazards, inoludlng flClOd. far which yau require insurance, In an amount equal (unless state law
requil'e$ alhetwise) ta the lesser of the actual Cllllh value of the Manufactured Hame ar the remaining unpaid balance I ~
from lime to time under this Agreement (the 'Minimum Coverage"). The Insurance policy will contain a lass pllyable clause
protecting you (as yaur interest may appear), !,nd provide for a 1l)..day notice of cancellation to you. Unless you consent in
writing, I shall not add 'Illy addllfanal Joss payee to the insurance policy. I have ltle right 10 choose the per80n through wham
the property insurance porlC)l is obtained. II my insurance coverage expires ar Is Cl\Ilcelecf priar ta payment In run of this
Ag_men~ , must abtaln no less than the Minimum Coverage at my expense lor the remaining tenn at this Agraemenl
Shauld I filii ta malnmin the Minimum cQVerage, you may. but Me nal abligated to. ablaln uninterrupted insurance coverage.
To the extent permllted by applicable law, I agree thaI any insurance you purchase may be lar the protecllan 01 only your
interest in the Manuractured Home. may not lully praleel me in ll1e event of s loss, ana may be for such re4:oonable pericxl as
you determine. If you decide, in your sale discretian, to obtain insurance, yau will notify me al that fact and thet II\e cast. plus
Interest at II\e rate provided far in this AgTeemen~ wm be added to my debt I will repay such amount in the manner as
required by applicable law. or W none is required in the manner requested by you. I understand Ihat the Ins~rance premiums
may be higher W yau must purchase the insurance than might be tile case W I had purchased the Insurance, and 10 the extent
permllted by applicable law. that you may purchase the Insurance from an affiliated caml'any whicllmay receive a profit 10<
thia slIrvice:,
b. Assignment ancl Applicatian of lneurunce Proceeds. I hereby grant and assign ta you the proceeds of any and all
insurance coverage an the Manufacturecf Hame. InclUding any optianal coverage. such as earthquake Insurance, which in
type or amounl is beyond the MinImum Caverage. In the event of a \c$s to the Manufactured Home, I shall give prampt notice
to you and the Insurance carrier. If I failla promptly notify or make prool 01 loss to the insurance carri..... you may do so on my
behalf. All physical damage insurance proceeds, including praceeds from apnanal coverage. shall be applied to reslaratian or
tepalr of Ihe Manufactured Home, unless yau snd I agree otherwise in writing or unl9Ss In your sole discrellan such
restaration ar repeir is nat eeonomically practical or feasible, or yaur security interest would be lessened. If such rOSlaratlon
ar repeir Is nat practical QI' fessible, ar your security Inlerest would be leSsened, you shall apply the lnsuranc.. praceeds to
the remaining unpaid balance 01 this Agreement. whether or nat then due, and give me any excess. I authorize any Inllurer to
pay you directly. I hereby appaint you as my IImiled attorney-in-factta sign my name ta any checl<, draft, ar ather (lacument
necessary to obtain such Insurance payments.
tVA.\C,1 (Ra&
ORIGIN".;::' COpy
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MAY-16-2000 16:29
GREENPOINT CREDIT 61
412 873 5827 P.09/12
t;. Cancellation of Required Insil~ , U)loM Prepayment In Full. If you have pur.. Jed liny insurance on my behalf, at my
eJ(P9ns., ane! W I prepay in full the Unpaid Balance due under this Agreement, (1) you Will provlde mol with any notice
required by applicable law, (2) I have the right 10 cancel the insurancEl and receive a rotund or cl'lld~ of uneamlld premiums
or to conllnU& the insurance, but unless I speci/lCS.lly ~uest cancellation, the insurance will remairl in effect until the
schedullld expiration date.
LATE CHARGE: II the Unpeid Balance at the time of execution of this Agreement is more than 525,000.00, then , agree 10 pay
. late charge If you have nol recelvea the full amounl of any monthly paymenlu sol forth on page 1 of this Agnoemenl Only
one tale charge will be macle on any delin<;uentlnstallment regardless of the period for Which that Inel4llmellt reme.lns in defwlt.
Aller !hie As_menl matures. whlllher by acceleration or l>!helWlse, I will nat be charged a late Charge.
RETURNED CHECK CHARGES: , will pay you $15.00 (or such higher amount as alloWed by law) If any Check given 10 you is
nat honored because of insufflcient fund. or because no such aCCllunt exists.
EVENTS OF DEFAULT: I will be in default under this Agreement if: (al I fall to make any paymenl when due; (b) I break any
other promise I macle 10 you in this Agreement, (c) I fail to make lll\'lely rental paymenlll, or to pay oilier charges and
assessmenlll, relating 10 the Real Property and/or facility on which the Manufactured Home is '''''''led; (d) I violate restrictive
COIIerlanlll, NIB or regulatlans relating to the Flea! Property and/or facility where the Manufactunld Home is located; (e) I fall \l)
keep tile Manufactured Home in gCll>d repair and conditiCln, as you may reasonably determine; (f) I remove the Manufactured
Home from the lllddress shown on this Agreement unless' nclily you in advance and ~lve your written consent; (9) I sell or
attempt 10 sell the Manufactured Home or to lransfer any beneflclallnterest therein w~hout first obtaining ycur wrillen consent
(h) I allow the Manufactured Home to b8c:pme part of any r..a1 "Slate wkhaut first obraining your wrillen CQnsenl; (Q I encumber
or abandon the MllIlufactured Home or use ~ for hire or illegally: or (1) If any sl.tement of fact, repr811"ntatlon cr warranty I make
Ie you In my loan applicatiQn or in thi. Agreement is false, misleading, Inaccurale or Incomplete.
NOTICE 01" DEFAULT: If any of the above specified Evenl$ cf Default have oC<'lIrred, you may do whatever is n-.sary to
correct my de1aull. You will, ""...pt.. s.r larth belOW, tim! give me a Noll... of Oerau~ and Right to Cure Default before you
accelerate payment of the remaining unpaid balance 1 owe you or repossess or foreclose on any property which secUI'e$ this
Agreement 'The Notice will tell me what my defeuk i. and how I can <'lire it EJ<Cept as otherwise requinld by appllaable law, you
are not required to send me this NotIoe when (1) you have already sent a Notice three llm... within the preceding one-year
perkld. (2) I have abandoned or voluntanly surrendered the Manufactured Home. or (3) other extrem. circumstances exist which
oould jeopardize your security interest
Pl!!MEOIES UPON PEFAUI. TIlt I do I'\Qt cure the default, you may do any or all of the lallowlng at the end of the nollos period,
as allowed by appDcable law: (a) you can r'e<;ulre me to immediatllly pay you the entire remalning Unpaid Balance due under this
Agreement plus accrued interest (bJ you may require thaI I reimburse you in such manner a. required by applicable law, or W
none Is required In the mann., requested by you with InlefQSt at the rale proVided for In this Agreemen~ the amount of funds you
actuany advance on my behalf 10 cOIT8Cl my de/auk; (c) you may, but a,. not required 10, pay taxes, Insurance premiums, tees.
expenses, ctlarges, rents or a_sm9l\1$ respecting the Manufactured Home, or .l\tl$fy tiens, on or to make rellairt \l) the
Manufactured Home if I have not don.. so as required in this Agreement (d) 10 the extent permitted by applicable Jaw, you may
canc..1 any insurance lor Which ali or a pan of the premiums or charges was financed by you, oblain a refund C>f unearned
premiums or charges, and apply thos.. amounts against the Unpaid Baiance, cr (e) you can repcsses. the Manufactured Home.
If you al1l "at required to send me the Notice of Defau~ and Right 10 Cure Default, you will have ttlese righl$ immediately upan
my defaulllf you repelsses.the Manufactured Home, and I do not exercise any righlto cure or redeem the Manufactured Home
that I may have. you may dispelse of ~ as requlr$d by appllce.ble law. You wm give me written netlee at less! fifteen (15) daY"
belo", any reposse..ion sale. "The notlce shall be Sent to the address ahown a. Borrower's Address se<:tion on the first page of
thiS Agreement or to any other address wtdch I later give you in writing. Before the .ale I atl11 may get llack the Manufactured
Home ~ I ('1) pay you all inslallm.nlS due or past due at the time of deliVery cf the Manufactured Home~back to me, (2) pay you
all unpaid delinquency cr deferred charges, (3) pay you yeur costs of suit, Including but notllm~ed 10 attorneys' tees to which
you have a right under Agreemen~ (4) cure any ather defauks which may have occurred, and (5) ~ my default althe lime of
"'possession eXceeded fifteen ('5) days, the expenses of retaking, repairing and slOring the Manufaotured Home allowed by
law. You will apply ttle proceeds of any repossession sale (1) first, to your expense. in eelling the Manufactured Herne, then (2)
to your costs of retakill!l, repairing and storing the Manufactured Hom.., then (3) to your reasonable and actual CQurt....ts and
arrt attorneys' fees \l) which you have a right under the terms atlhls Agreemen~ then (4) to late chargee, and then (S) \l) the
balance stili due. If there Is any surplus money tram the repel..esslon sal.., ~ will be refunded 10 me. If th"F9 is still a balanoe
duo you, I must pay a to you, except &$ oth9lWi.e provided by law. If you repossess. you also m:lY take po......ion of any other
property anywhere in or attached!o the Manufactured Home. You agree to return ali such property to me Upeln my ~uest You
may hold the property for me al my rI.k without liability on your part. If you lake pCll$esslcn or any such property. you will nolify
me in writing. tf I dO not lhen promptly Claim .nd lake possession at tttis property, you hav.. my permission to dl8pose of ~ In a
reasonable manner. I will pay any reasonable charS" which you may Incur for storing cr shipping such property. All rtmedies
are cumulative ancl you may enforce them separately ~~.. iOl9ElBer you ~eem necessary to preted your .eeurity.
IdfIAll:IlI<leH - t'N3I1!.oICFt!
~u~..
"'-
MAY-16-2000 16:30 GREENPOINT CREDIT 61 4128735827 P.10/12
ARBITRATION Of'DISPUTES: . .
a. Altlitration, You and I agree to arbimice any and all (I) disputell, corts, counterclaims, or any other maller in question
lletWeen you and I arising out 01, in connecllon with, or In any wa:y releUng to this Agreement ("Claims') (inclUding Whflher a
Claim muatlle arbitrated) and (2) any Claims arising OUl of, In conneclien with, O! relating to a transaction involving you ancll
and one or mCl/'ll third paIlies who have na! signed this Agr9tllMnt which s third party elects to arbitrate ("Third Parly
Claims'). However, neilheryc>u or I can require the other to arbitrate (1) any prweedlng In whlcll a Den holder may acquire or
convey lllIe to QI' possession of any property which is securily under this Agreement, or (2) an application by or on behalf of
me for relief under the fedenll bankruptoy laM or any other similar laws of gene,..,1 applicatian for the relief Of debtors.
enfo!';elllerlt of this exception to arbitration at any time will not wai'tle the right to arbitrate any other Claim or Third Farcy
Claim, Including l/lQse asserted as a CQunte~laim in s lawsu~ under this exception to arbllration.
b. Rulos. The arbitration shall bo (l) binding, and (2) goV6IT\ed by (i) the Federal Arbitration A~ (T\l\e 9 oIlhe United States
Code); (iQ the expedited Procedures of the Commercial Arbitration Rules oIlhe American ArbllralJon Ass0ci4Uon (the
'Arbllralion Flules') in eIfeol at the time arbitration Is requested, and (fiij this Agreement A copy of the Arbllrlll/on FlUlelI, tree
01 charge, may be obtained by callin9 (800) na.7879. The arbitrator ehallllave all powers provided by tile Arbitration fluI&$
and tills Agreement and shall apply the faw, inclUding but ""t Ilmlted to all statutes of lImilalfon, which would atherwlse apply
in a JUdicial action to a Claim or a Third Party Claim.
"'e award oIlhe arbilrator(s) shall be In wrillng and include a statement of reasons lor the aware!. If the cerms of this
Agreement ancl the Arbilfaticln Aules canllict, the terms of this Agreement shall contraI the elCtent 01 the conllict The
atbllration shall be conducted in the fe(feraf ,<Jdiclal district where my residence Is klcaled. or It arry otller place mutually
acceptable to you and I. The arbitration hearing shall begin within forty.five (45) days of the demand far arbilrallon.
III have the right to rescind this Agr..men~ rescinding ft will noll'B$cind Il1Is agreement to arbitrale.
You and I agr.. that ll1e arbitration proceedings are confldentlal. The Information disclosed in such proceedings canna! be
used for any purpose In any ather proceeding. This Agreemont is the only agr..menc between you and I 'l>garding
arbitration. and lakes the p1~ of any prior agreements to arbitrate Claims. This Agreement may be modified only by "
written agreement between you and I.
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCeeDING, INCLUDING A 'Tl'lIAL WITH A JUDGE
OR A JUDGE AND JURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER RELIEF ONL no You OR I.
THERE SHALL BE NO CLASs CLAIMs OR RELIEF. ANY DAMAGI!.$ AWARDED IY THE ARBITRATOR SHALL BE
UMITED TO ACTUAL AND DIRECT DAMAGES, YOU AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAL,
PUNffiVE OFl TREBLE DAMAGES.
A TTOfllNEY F'l!1!$: If I preVail in any legal action or arilitralfon proceeding Which fs Cllmmenced in connecllon wllh the
enlOlcement cl Ill.. Ag.....ment or any In$lJ\lmenl or agreement required under thiS Agreement, or in cannect\on With any dispute
/Vlallng co this Agreement, you will pay my AIIasonOble attorney fees, court costs, lIMd neeessary disbursements incurred in
CQMect\on wflll Such action OT proceeding, as determined Ily the court, or the arbftracor(s) In accordance With the law. It you
preVail in any such ~on or proeeeding. or in the exercise at any self-help r<lme<ly as described above, I will pay any
reasonable lees paid by you to an attomey who Is not your salaried employee, together wflll court costs and necesaary
disbursements to the full extent permilled by Jaw.
OTHER TEFlMS AND CONDITIONS: I agree: (a) to pay WIth my mOnthly installments, W requested by you to do so, the
estimaled amllUl11 necllSsary to pay yearly lwtes, assessments and insurance premiums thai will became due wllllln llle next
twelve-month period; (b) 10 pay you a lIansfer lee W J sell the Manufactured Home, unl_ such fee is pmhibited by law: (C)
except as otherwise provided by applicable Jaw, to pay interest at the rale pmvided for in this Agreement on the remaining
unpaid balal1C9 plua accNed Interm. from the date of maturity until paid in full; (d) that W I am married and residing In a
community property slate, both my oommunlty property and aeparate property will be liable for all payments due under this
Agreement; and (e) II another person attempts to make payments on my behalf, you are not obligated to accept them. If you do
accept them, YOI,l aro not releulrlg me or waiving any of your rlglIts against me, and I aU~e yau to dlSW611 with another
person wllo is making payments on my account any infonnalion ..bout this loan. including its staltJs and YOlJr collectiOn
procedurllS and remedies.
ASSIGNMENT: You may assign this Agreement to any person or entity. All rights granted to you under this Agreement shall
apply to BTlY assignee at this AIlreement
HSPJ.l0"-ote1
ORIGINii.L COpy
PlIJl::Iore
,,~
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,
,
MAY-16-2000 16:30 GREENPOINT CREDIT 61 4128735827 P.11/12
!:ReDlT INFORMATION: You ma.y . sligate my cre4~ histoly and Cledit capacity. .clMeclion with opening and <:allecting
my account and shal'll information abaut me and my aCCQUnt with cl'lldft reporting agencies. Unltss prohibited by applicable law,
}IOU may se" or Olh8rwiS8lumish information about llIe, including insurance lnfonna~on, to aU alIIe,.. who may lawfully receiVe
such information, Including specific information allOllllhe Manufactured Horne, and any insurance policies on the Manufactured
Homo and the Fleal Propelty ll> 8/lY Insurance agenllO enable suCh agent to quote premiums to llIe and solIcft my Insurance
busin_.
WAIVER. MODIFICATION, INTEGRATION: Your waiver at any defaUlt shall not constitute a waiver of any other default No
term of lhls Agreement shall be changed unless in writing and signed by one of )'Q\lr officers. This Agreement and other
dcx:uments eJ(ec:uted by me In connection with this Agreement, is the entire agr.em.nt blllween us and I agree that no oral or
impliell repreeenta.ticna lle.ve been made to incluce me to enter into tills A9reement By choosing or exercising 01\9 Of more
remedies herein. you do not waive your right to later use or pursue one or more other f9medles. excepl as limitecl. by applicable
taw.
VALIDITY: Wherever pl>Slllble each pravision at this Agreement shall be Interpreted in such a manner as to be effective end
valid under applicable law, but ft any provislan of this Agreement shall be pIllhibiled by or Invalid under e.ppUcablG le.w, ~
proVision shall be Inelleclive only to the extent at such prohibltlon or Invallcllly. Wilhaut Invalidating the remainder ot such
proVisIon or the IIlmaining provisions at this Agreement ThIs Agrllflment shall be of no effect until and unl_ signed by m. and
eccepted by you. In no lIVe'll shall any charge under this Agreem.nt e~eeed the high...t amount allowed by applicable law. It
any excess charge is I'8c8ived such eJCcess shall be r&t\Inded or applied to the Unpaid Balanc...
GOVERNING LAW: Each provision of this Agreement shall be construed in sccardance with ancl govemed by the laws 01 the
Commonwealth 01 Pennsylvania, provided that to the extent you have greater right.. or remedies under federal law. such choice
of stale law shall not be deemed to deprive you 01 such greater rights and remedies under federat law.
NOTICE: You will send all notices coneemlng this Agreement or my loan to ~e at the address listed on the first pase or this
Agreement Unless I notlty you In writing otherwise.
YOU AND I HAVe READ AND FULLY UNDEFlSTAND THIS AGAEEMENT, INCLUDING THe PARAGRAPH CAUlNG FOR
RESOLVING DISPUTEs BY ARBITRATION, AND AGFlEe THAT 'THIs AGREEMENT SETS FORTH OUFl ENTIRE
AGREEMENT AND THAT NO OTHER PROMIsES HAVE seEN MADE.
eOFlROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT AT THE
TIME OF SIGNING
-- 0,; j-<
DI.'.NE 1'- I.:::::;:
Sorrower .
Borrower
Borrower
CATE OF THIS
AGREEMENT:
Ii-)"s- rr
tc3PA'C.H.ol108
ORIGINAL COpy
"AQ~~ct"o
MAY 16-2000 16:27
GREENPOINT CREDIT 61
412 873 5827
P.04/12
f .JO ::;I}rhl~dal~' Dl'h'\'
Suit!.: ~O'j
E't'lI1. P.~ 10:.!.1I
ToI. (010) 50,.0;;011
rll' (61 0) 5~4.01i~~
April 13. 2000
DIAIlE LEE
300 WALN\JT LN
CARLISLE PA 17013
GreenPoint ~ Cred~t
RE. Manuf.ctured Heme Loan . Account #000007530$60900001
NarlcE OF INTEllTlON TO A=~YE. _cE LEGAL ACTIOlI DR JliIllA""..
You ,re ~ow in default on your Manufactured Home Loan Contract. If you corroct the default, you may
contfnua with the contrD~t a~ though you d;d net defiult. Your defauLt cons15t$ of failure to mike timely
payments of one or more inst~llment$ as agreed to in the terms of the contract.
T~frtY.Qne (31) days after the date of this notice, we miy have the right to commence legal Dction and
l"l!!possess your manufactured home.
Cl.lre of default: Your may cure your defaul t by making payment in the amount indicated below:
Past OUt Monthly Payment',)
s
255.16
La'. C~.rge(.)
s
.00
Total Due Now
s
255.16
Creditor'; right&; Any pertlDl payment of the amount due which t~ received by us will be applied to your
account. You will need to pay the full imount by the Ga~e Indicated above in,arder to ~ure your defivlt. If
. you do no' corroot your def.u~t wlt~ln 31 days due from tho postmarked date of thl.notlce, we may
exercise ovr rights against you unde~ th! ~aw by accelerating your debt and either repo=sessing your
manufactured home or, if necesSiry. bringfng a court action to obtain possession of your manufactured
home.
If we elect to exerci,e our rishts against you by r'PO~~~ssion 01 the manufactured home you may, ~t a~y
time before we sell Or otherwis, dispoSQ of the manufacturd home cr Enter into _ contract for 1ft lale or
other disposition, (which shall ba at least 4S days after pO$tmark of this "Dt;e~), redeem the manuf~ctured
home by paying us all amounts due plus eXpeMGeS reasonably incurred by us in detaching and tronsportini
the manufactured home to the site of the ia\~ and our reasonable attorney's fee!, to the e~tent permitted by
Law. ptus court costs.
If you have any questions, write to us ~t the addre'~ above or caLL me at the phQne numb~r listed ~bava
betw~en the hours of 6:00 i.m. and 5:00 p.m., Monday through Friday.
If this default was ~au5ed by your failure to make a peyme~t or payments, and you want to pay by mail.
please ~~nd a che~k or money order. Do not send cash.
fiJ}h
CC: File
If any additicnal regular payment becomes gUt during th;s cure period, this payment must also be paid in
order to avoid any further defaylt. Tnis corre$pondence is en attempt to collect a debt and any
1n1onmation obtained wilL be used for that purpose.
PA (144)
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SHERIFF'S RETURN - OUT OF COUNTY
.
CASE NO: 2000-03289 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT CORP
VS
LEE DIANE
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
LEE DIANE
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE/REPLEV
County, Pennsylvania, to
On June
22nd , 2000 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEP. DAUPHIN CO
SERVICE
18.00
9.00
10.00
25.50
3.10
65.60
06/22/2000
APPEL & YOST
so~~~
R. homas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 6 ~ day of 91
.;L{)'vo A . D .
~(}.~,~
prothonotary
_.~ ~
< ~
,'.~ <'"
<
.-
, In The Court of Common Pleas of Cumberland County, Pennsylvania
GreenPoint Credit Corp.
VS.
Diane Lee
No. 20-3289 Civil
Now, 6/6/00
, 20 () t' , I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.. n/ .~"
r~~-e:~-,
Sheriff of Cum her land County, PA
Affidavit of Service
Now,
,20 ,at
o'clock
M. served the
within
upon
at
by handing to
a
copy ofthe original
and made lmown to
the contents thereof
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this _ day of
20
'-
COSTS
SERVICE
MILEAGE
AFFIDA VIr
$
$
.""'...."" ~
.
-~'-'
!l;;
,
@iiitt of :t4~ ~4~riff
William T. 'fully
Solicitor
Ralph G. MeAltister
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 1710l
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
GREENPOINT CREDIT CORP
vs
County of Dauphin
LEE DIANE
Sheriff's Return
No. 1317-T - -2000
OTHER COUNTY NO. 20-3289
AND NOW: June 14, 2000
at 11:35AM served the within
NOTICE & COMPLAINT IN CIVIL ACTION
upon
LEE DIANE
by personally handing
to DEFT
1 true attested copy(ies)
of the original
NOTICE & COMPLAINT IN CIVIL ACTION
and making known
to him/her the contents thereof at 1718 REVERE ST
HBG, PA 17104-0000
Sworn and subscribed to
So Answers,
JR~
me this 15TH day ~)JUNE' 2000
) e-. (f~)
before
Sher' f of Dauphin Coun y, Pa.
PROTHONOTARY
Sheriff's Costs: $25.50 PD 06/07/2000
RCPT NO 137773
KS