HomeMy WebLinkAbout02-5989IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of
America FSB,
Plaintiff,
CIVIL DIVISION
Complaint in Civil Action - Replevin
Janet M. Horne and Scott A. Bair,
Defendants.
Filed on behalf of:
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of
America FSB
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §
1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY
(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing )
agent for Bankamerica Housing )
Services, a division of Bank of )
America FSB, )
)
Plaintiff, )
)
v. )
)
Janet M. Horne and Scott A. Bair,
Defendants.
CIVIL DIVISION
No.
Complaint in Replevin
NOTICE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IFYOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint and
notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER 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
(800) 990-9108
In THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of
America FSB,
Vo
Plaintiff,
Janet M. Horne and Scott A. Bair,
Defendants.
CIVIL DIVISION
No.
THIS FIRM IS ^ DEBT
COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT
REAFFIRMED, THIS NOTICE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST
PROPERTY.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit LLC, as servicing agent for BankAmerica
Housing Services, a division of Bank of America FSB, by and through its attorney Erin P.
Dyer, Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit LLC, as servicing agent for BankAmerica Housing
Services, a division of Bank of America FSB, hereinafter referred to as "Plaintiff" or
"GreenPoint," 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. Janet M. Horne and Scott A. Bair, hereinafter referred to as "Defendants,"
are individuals whose last known address is 42 Moutainview Terrace, Newville,
Pennsylvania 17241.
3. On or about November 5, 1997, Defendants purchased a 1984 Hauser Tower
Manufactured Home, Serial Number THPA1114, (the "Mobile Home"), from Sam Mannino
Enterprises, (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 Plaintiff BankAmerica
Housing Services, a division of Bank of America FSB. BankAmerica Housing Services, a
division of Bank of America FSB perfected its security interest in said Mobile Home by
having an encumbrance placed on the title thereto. A true and correct copy of the
Certificate of Title is attached hereto as Exhibit "B."
5. Subsequently, BankAmerica transferred its rights and interest in the Security
Agreement to GreenPoint Credit, LLC ("GreenPoint") as servicing agent.
6. Plaintiff avers that the approximate retail value of said Mobile Home is
$11,000.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
7. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of December 9, 2002, the Defendants' payments of
interest and principal were in arrears in the amount of $871.28. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of December
9, 2002, is $11,568.07.
8. 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."
9. Defendants failed to cure the default or return the Mobile Home upon
Plaintiff's demand.
10. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
pay:
11. The Security Agreement provides that in the event of default, Defendants will
a. the reasonable attorney's fees of seller or of seller's assignee,
provided that prior to commencement of legal action such fee shall not
exceed $50.00;
b. court costs and disbursements; and
c. costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
12. In order to bring this action GreenPoint Credit LLC, as servicing agent for
BankAmerica Housing Services, a division of Bank of America FSB was required to retain
an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit LLC, as servicing agent for BankAmerica
Housing Services, a division of Bank of America FSB, 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.
COUNTII-DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit LLC, as
servicing agent for BankAmerica Housing Services, a division of Bank of America FSB,
alleges the following:
13. Paragraphs 1 through 12 of this Complaint are incorporated herein by
reference as though fully set forth.
14. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, Green Point Credit LLC, as servicing agent for BankAmerica
Housing Services, a division of Bank of America FSB, requests:
a) judgment against Defendants in the amount of $11,568.07 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\Green Point\Horn-Bair\CM Rep.wpd
VERIFICATION
Brenee Taylor is a 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 are true and correct to the
best of her knowledge, information and belief.
Gree
iPoint Credit, [LEO
PEN~/SYLV/~NIA
MH FIXED RATE CONT~
RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, ~,~e;i, LO' P' F0'l
WAIVER OF TRIAL BY JURY AND AGREEMENT TO I~J ~
~ ~ O~CE NUMBER' 7 9
ARBITRATION OR REFERENCE OR TRI~ BY JUDGE ~ONE ~,~1 ' _.
(Contract) ,, ..... co~'~ ...... ~ ~1 LOAN ~U~E NO.:
BUYER(S): N~E: J~ET M. HO~ . IB~I~, il.fl.~Blafl~,, ~ ~N~ ~
N~E:
B~ERS N~E: COUNt: ~O~
~DRE~: 316 VALLEY ~'I'~EET C~: ~RYSVILLE ~ATE: PA ZIP: 17
~ONE: 717/957-2503 S.S..el): 173~38-58~8 159-62~86
FRO~SEDLOCA~ONOFMANUFAC~REDMOME:175 ~DO~ROO/ CO~TS, N~'~ER~, PA 17070
"~," "me," 'myselU or "m~ m~n ~1 ~ns ~o sign ~ Co~ra~ as buyer or ~buyer, ~ and ~vemJ~, ~d "yo~
"your" mean the Seller and any assignee. ~is Oon~a~ ~1~ ~ subm~ to ~e Cred~or indited ~low, ~ a Io~ offJ~
approved, ~ will ~ assign~ to that Crier. O~ ~e d~e of ~is ~ntm~, ~ b~ f~m you on a or~ sa~ ~s~ ~ m~a~
ho~e descri~ o~ ~$e 2, t~ather w~ furnishings, ~uipmem, ~pli~ ~d a~ri~ indud~ In the
home at the time of purchase (~ "MaR~a~u~d Home~.
CREDITOR:B~ERICA HOUSING SERVICES, A DIVISIO~ OF B~K OF ~ERICA, FSB
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of
Contract (Item 5') with interest at the rate of:
13 .50 %
year until the debt is fully paid. I will pay this amount in Installments as shown In the payment schedule until the Unpaid Bait
is tully psid. If, on 11/03/12 , I still owe any amount under this Contract, I will pay such amount in full on that date, w
is calfed the "Maturity Date." Each monthly payment will be applied as of Its scheduled due date. If no interest rate Is disck
above, the interest rate is the Annual Percentage Rate shown below.
ANNUAL
PERCENTAGE
RATE
The cost of my credit as
a yeaHy rate:
13.50 %
FINANCE CHARGE
The dollar amount the
credit will oos~ rna:
$ 3-6,883.50
Amount Financed
The amount of a'ed it
provided to me or on
my behalf:
Total of Payments
The arnoun~ I will have
paid etler I have mede all
payments as s~neduled:
Total Sale Price
The ~tal o~st of my
pumhase on ctedi!
including my down
payment of
$ 1,400.00
.See Contract terms for add[~onaJ informa, lJon
about rcnpayment, defaul% required
re payment in full be fore Zhe scheduled
date, and pre payment refunds and
~-..~o.,:,,, .a~ o,..~y,, wi, not
have to paya penalty, but; will no~ be
entJtte~ to a refund of the Preoa d
Finance Chugs, if any. --
180
$ 163 .95
$ .00
$, .00
$ .00
Monthly, beginning DECEMBER 03 .,19 97.
Monthly, beginning. 19 __
Monthly, beginning. ,19 __
Monthly, beginning. _, 19 __
Security: I give you a security interest in the goods or pmparty being purohased.
LateChargo: If a payment is more than 15 dayalate, lwilbeoharged 2 %ofthounpaldamountofsuchpayment, not to exoeed
$ 5.00
Aaeump,Jon: Someone buying my Manufaotured Home may not assume the remainder of the Con~aot on the odg[qal terms wtthou~ your prior w~itten
Eatlmate~: AJ[ numerical disclosures exoeptthe late paymentdis~losure$ are as~rna~es.
EXHIBIT "A"
Description of TRADE NAME: ~T_TSER
Manufactured
yEAR:_ 84 NEVV:~
,~ER[AL
NUMBERS:__THPA1 I 14
ADDITIONAL _
Acc~RIES
AND FURNISHINGS:
USE~. X
MODEL: TOWER
lENGTH:__ 7 0 _[ W1DTH:_ 14
1. Cash pdce (Including Sales $ 14, .000 · 00
.00): -- -
Tax o! $ paym~n'~- "~ ...... 1,4, 00. 00~
2. a. Cash Down ........
b. Trade-In (Year, Mal(e, Model): ~
Width __ - .00
Length _ ---- .00 LiJn~ $ (Se'i'le~a3 p~yoff)
GroSS Value $
Net Trade- n Value ........ $ ~. 00
$ 1,400.00
Total Down payment .................... ;;;' $-- 1~."'~ 6 0 0-. O0
3. Unpaid Balance o! Cash Price (1 minus z; __ -- -- -
4. AmountS paid to others on my behalf:*
a. To InsuranCe Companies: .00
(1) Property Insurance .... $ _
(2) Credit Life InsuranCe . i $- . 00
b, To Public Officials:
(1) Ce~ficate of Title ..... $ .__~2 · 50~
(2) FILING FEES $-- 5.00
c. To Creditor: 0 0
For: $ '
d. To:
For;
$ .00
To:
For:
t To:
For:
g. To:
For:
h. To;
FOr:
$ .00
$ .00
27 · 50
Total (a. b +c +d*e + f ~'g +h) ........ $ --
5. Unpaid Balance (3plus4) ........................ $.___~2,627 .~0
6. Prepaid Finance Charge ........................ $. . .0 0
7. Amount Financed (5 m nus 6) ................. $ _ 3.2,6 27 · 50~
' I understand and agree that a portio~,of certain of these amOunts
may be retained by you or your affiliate.
PROPERTY INSURANCE: Property Insumnc, e on th~
Manufactured Home is required for the term of thi;
Contract- I have the right to choose the person ~re ..ugt
whom it is obtained. By ma~,ing the aPl~rePr~te nm
below, I elect to buy the coverage Indicated from ym
for the term. and premium shown, and I want it finance¢
on this Contract.
T.T)q3e of Insurance Term _p~mmium.
OMOS$ .0 O_
LIABILITY INSURANCE COVERAG~ FOR BODI~
INJURY AND PROPERTY DAMAGE CAUSED
OTHERS IS NOT INCLUDED UNLESS INDICATED
THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life Insurance
uired for this Contract or a factor in its a~oprow
not r:lqe~ Credit Life Insurance, the name(s) of ti
If I
proposed insured(s) are:
Proposed Insured -
Proposed Insured
(only spouse can be insured jointly.)
This insurance may not pay off all of my debt, and t
exact amount of coverage is shown on my policy
~erUficate. My signature indicates my election to obt~
Credit Life Insurance coverage for the term a
premium shoWn:
3~/pe of Coverages
Single
Joint
Term _Premium
Date ,..
(sign~um)
Date
(sigr~ture)
(1! joint ~verage is desired both proposed insureds must
ADDITIONAL TERMS AND CONDITIONS
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home an
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the itl
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premi~
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all prooeeds of such ManufactL
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment
performance of my obligations under this Contract, including any additional debt arising because of my failure to perform
obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Con1
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I
sign and deliver to you whatever financing statements e~d other documents you deem necessary to allow you to perfect ~
security interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction the
in the re~l estate records or other appropriate index as a financing statement for any of the items specified above.
reproduction of this security instrument or any other security agreement or finanolng statement, and any extensions, renewal
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 1 t/
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE. A PARTIAL PREPAYMI
THERE WILL BE NO CHANGE IN THE DUE DA Ir-S OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AG
IN WRITING TO THOSE CHANGES,
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Horn
the term of this Contract against loss by fire, hazards included within the term 'extended coverage" and any other haz
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value o
Manufactured Home or the remaining unpaid baJ~nce I owe from time to time under this Contract (the "Minimum Cover~
The insurance policy will contain a loss payable olauee protecting you (as your interest may appear), and provide
1 O-day notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the insm
policy. I have the right to choose the person through whom the property insurance policy is obtained. If my [nsu~
coverage expires or is cancelled prior to payment in full of this Contract, I must obtain no less than the Minimum Covers
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but
obli§sted to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only
interest in the Manufactured Home, may not fully protect me in the event of a Io~, end may be for such reasonable peri
you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the
interest at the Contract rate, wilt be added to my debt. I will repay such amount during the term of the policy in the m
requested by you. Iund erstand that the insurance premiums may be higher if you must purchase the insurance than mi(.
the c~se if I had purchased the insurance, and that you may purchase the insurance from an affiliated company whicl
receive a profit for this service.
b, Assignment end Application o! Insurance Proceeds. I hereby grant and assign to you the proceeds of anY a
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, w~
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give prompt
toyou and the insurance carrier. If I fail to promptly notify or make proof of loss tothe insurance cartier, you may do so:
behalf. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restore1
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless such restoration or repair
economically practical or fee~slble, or your security interest would be lessened, if suoh restoration or repair is not praot
feasible, or your security interest would be lessened, you shall apply the Insurance proceeds to the remaining unpaid
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. I
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtai,
insurance p~yments.
LATE CHARGE: I agree to pay a late charge for late payme~ as set forth on the front of this ContracL Only one late char
be made on any delinquent installment regardless of the period for which that installment remains in default. After this C~
matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the actual =harge of the dishonoring institution (or such higher
as allowed by law) if any check given to you is not honored because of insufflolent funds or because no such account axis1
oRIGINAL COPY
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
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on whk
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or'
where the Manufactured Home Is located; (d) I fail to keep the Manufactured Home In good repair end condition, as yo
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify '
advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beceficlat interest In the Manufa
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any reel estate v
first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or Illegally; (~ I
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on whi¢
located, if this is my responsibility; and/or ~ I fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT: if any of the above specified Events of Default have occurred, you may do whatever is neces~
correct my default. You will, except as ~et forth below, first give me a Nbtlce of Default and Right to Cure Default befo~
accelerate payment of the remaining unpaid ba~.nce I owe you or repossess or foreclose on any property which secun
Contract. The Notice will tell me what my default is and how I can cure lt. Except as required by applicable law, you
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2)
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme cirournstancee exist.
CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home is transferred from me, whl
be at least 45 days after receipt of the Notice of Default and Right to Cure Default. To cure a default, I must pay: (a) ail an
which would have been due in the ai~sence of default and accaieraiion; (b) the attorney fees set forth below; (c) any late cl
that are due; and (d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home
site of sale. I must also perform any other obligation I would have had to perform In the absence of defaulL
REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following at the end of the
period, as allowed by applicable law: (a) you can require me to Immediately pay you the entire romalning unpaid bairn(
under this Contract plus accrued interest or (b) you can repeesess the Manufactured Home pursuant to the security int
give you under this Contract. If you are not required to send me the Notice of Default and Right to Cure Default, you wil
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amoul
the sa]e, after expenses, is less ttmn what I owe you, I will pay you the difference except as otherwise provided by
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to prote<
Ssourity.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution, Any controversy or claim between or among you and me or our assignees arising out of or reis
this Contract or any agreements or Instruments relating to or delivered in connection with this Contract, Including
based on or adsing from an alleged tort, shall, if requested by either you or me, be determined by arbitration, refere~
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are relaied or es:
claims arising from a single transection, shall be determined by arbitration as described below. Any other controversy s
determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the contr
is venued lacks the power to appoint a referee, by trial by a judge without a jury, es described below, YOU AND I
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TOTRIAL BY JURY, AND THERE SHALL BE NO
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE,
'i'hIAL BY A JUDGE.
b. Arbitration. Since this Contract touches and concerns interstate commerce, an arbitration under this Contract si
conducted in accordance with the United Ststss Arbitration Act (Title g, United States Code), notwithstanding any ch
law provision in this Contract. The Commercial Rules of the American Arbitration Association ("AAA") also shall appI
arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim,. Any contr
conceming whether an issue Is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(a) shal
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be
in any court having jurisdiction, and no challenge to entry of judgment upon the award sl~ll be entertained exc
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice.
c. Judicial Reference or Trial by e Juelge, If requested by either you or me, any controversy or claim under subparegn
that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee ap[
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and I shall designate
court a referee setected under the auspices of the AAA In the same manner as arbitrators are selected in AAA.spo
proceedings. The referee shell be sn active attorney or retired judge. If the court where the controversy is venued la~
power to appoint a referee, the controversy Instead shall be decided by trial by a judge without a jury.
p~? ORIGINAL COPY
d. Self-Help~ Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that yo
may have to exercise self-help remedies such as set-off or repossession, to foreclose by power of sale or judicially agalt
sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent ju;risdictlon b~
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise o
such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispu
controversy be (~etermined by arbitration as provided above.
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection witt'
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dis
relating to this Contract, you wilt pay my reasonable attorney fees, court ¢~3sts end necessary disbursements incurr~
connection with such action or proceeding, es determined by the court, the referee, or the arbitrator(s) in accordance w~
law. If you prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, i will pay
court costs and necessary disbursements to the full extent permitted by law, together with reasonable fees imposed on yo
an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not
$50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to (
Default.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so,
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that wiJl become due within
next twelve-month period; (b) to pay you a transfer fee If I sell the Manufactured Home, unless such fee is prohibited by law
to p~y interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until pal
full; (d) to reimburse you immediately upon your demand, with interest at the Contract rate, the amount of funds you actt
advance on my behaff to correct my default; and (e) that if I am married, and residing in a community property state, both
community property and separate property will be liable for 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 appl
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collec
my account and share information about me and my account with credit reporting agencies. You may sell or otherwise fun'
information about me, including insurance Information, to all othem who may lawfully receive such information. You may fun'
specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insura~
agent to enable such agent to quote premiums to me and solicit my insurance business.
WAIVER: Waiver of any default shell not constitute a waiver of any other default. No term of this Contract shaiJ be chan¢
unless in writing and signed by one of your officers. This Contract is the entire agreement between us and 1 agree that no or~
implied representations have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shell be interpreted in such manner as to be effective and v~
under applicable law, but h' any provision of this Contract shall be prohibited by or invalid under applicable law, such provis.
shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In no event
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, su
excess shall be refunded or applied to the amount due.
GOVERNING LAW: Each provision of this Contract shall be construed in accordance with and governed by the taws of the
of Pennsylvanis, provided that to the extent you have greater rights or remedies under Federal law, such choice of state I~
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
ORIGINAL COPY
YOU,AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FC
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AI~
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HA%
BEEN MADE.
~cEPTED: The foregoing Co n~,aot Ls hereby assigned under the terms
of the Assignment below.
SAM MANNINO ENTERPRISES
MY DIVISION
SELLER'S
ADDRESS: 2.81 ANACO!~DA DRIVE
ACE, PA 168650000
If you do not meet your Contract obligations, Ye
ma lose your manufactured home.
. .Y. ..... ': no not slnn this Contrt~lCte ~2r~l~er
INO~ICe ~0 Duy=s ~-, ~, of
You are entitled to an exact copy
you sign. Keep It to protect your legal rights.
BLJYER(S) SIGNATURE(S):
TERMS ON ALL. PAGES OF THIS RETAIL INSTALLMENT CONTRACT A
AGREE TO A_L.L THE ED COPY OF THIS CONTRACT.
ACKNOWLED~iE RECEIPT OF A COMPLET
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE I ("Creditor')
With respect to this retail installment contract ("Contract") signed by one or more buyers ("Buyer'), SELLER repr~
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise spec, it[ed; (2) E
was legsibj competent to contract st the time of Buyer's execution of this Contract;, (3) this Contract arose from the bom
sale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise spa
and no par[ thereof was leaned directly or indirectly by Seller to Buyer, (5) any trade-in, or other consideration, received
part of the down payment is accurately described on page 2 and has been valued et its bona fide value, end any amount
on such trade-in or other property is accurately described on page 2 and has been paid off by Sailer prior
contemporaneously with the assignment of this Contract to Creditor, (6) there is now owing on this Contract the amount
herein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the
of any claim or defense asserted by any Buyer, or shy heirs or assigns of Buyer, with respect to the Manufactured Ho
other property or consideration transferred pursuant to this total] installment contract, Seller agrees that it will indemnify
Creditor harmless from all such clalrns and defenses as well as from all costs reasonably incurred by Creditor in corm
therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair
Reporting Act, Seller has notified Buyer that this Contract is to be submitted to Creditor.
Forvalue received, Seller hereby assigns to Creditor all its rights, title and interest in this Con.tract and the pr
which is the subject matter hereof and author[zss Creditor to do everything necessary to collect and discharge same.
terms of any existing written agreements between Seller and Creditor governing the pumhass of Contracts are made
hereof by reference, it being understOOd that Creditor relies upon the above warranties and upon said agreements in purcl
this Contract.
This contract has been n.sslgned to T'nc Fn~t N~om~ Bank
Cbica~o, as Trustee under tho Poolin$ nnd Servig~
A~-eemcnt datcd as of March 1, 1998 (among such T.n~
Bank of Amcrica National Trust and Savings Ass~.Jauo~
Bank of Amcfica, FSB) of m any succcss~' Tm~ce
october 21, 2002
NOTZCE OF [NTEHTION TO ACCELERATE, COHMEMCE LEGAL ACTION OR REPOSSESS
gREENPOINT CRED2T, LLC
P.O. BOX 723308
ATLANTA, GA 31139
888 472-7338
RE: Manufactured Home Loan - Account #000006130071300001
JANET M. HORNE
42 MOUNTAINVIEW TERRACE
NEWVILLE PA 17241
You are now in default on your Manufactured Home Loan Contract. If you correct the default, you may
continue with the contract as though you did not default. Your default consists of failure to make timely
payments of one or more installments as agreed to in the terms of the contract.
Thirty-one (3I) days after the date of this notice, we may have the right to commence Legal action and
repossess your manufactured home.
Cure of default: Your may cure your default by making payment in the amount indicated be[ow:
Past Due Monthly Payment(s) $ 522.15
Late Charge(s) $ 6.56
Total Due Now $ 528.71
Creditor's rights: Any partial payment of the amount due which is received by us will be applied to your
account. You will need to pay the full amount by the date indicated above in order to cure your default.
you do not correct your default within 31 days due from the postmarked date of this notice, we may
exercise our rights against you under the law by accelerating your debt and either repossessing your
manufactured home or, if necessary, bringing a court action to obtain possession of your manufactured
home.
If we elect to exercise our rights against you by repossession of the manufactured home you may, at any
time before we se[[ or otherwise dispose of the manufacturd home or enter into a contract for its sale or
other disposition, Cwhich shall be at least 45 days after postmark of this notice), redeem the manufacture~
home by paying us all amounts due plus expenses reasonably incurred by ua ~n detaching and transporting
the manufactured home to the site of the sale and our reasonable attorney's fees, to the extent permitted
Law, plus court costs.
If you have any questions, write to us at the address above or call me at the phone number listed above
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
If this default was caused by your failure to make a payment or payments, and you want to pay by ma~L,
please send a check or money order. Do not send cash.
CC: File
[f any additional regular p ....... ~--- ' -
order to avoid any further
information obtained w~[[ ~
PA (~44~ 095-07-000006130c EXHIBIT"B"
~fod, this payment must also be paid in
=empt to collect a debt and any
GreenPoinf Credil
NOTICE OF INTENTION TO ACCELERATE,
October 21, 2002
RE: Manufactured Home Loan - Account #000006130071300001
COMHENCE LEGAL ACTION OR REPOSSESS
GREENPO[~T CREDIT, LLC
P.O. BOX 723308
ATLANTA, GA 31139
888 472-7338
SCOTT A. BAIR
42 MOUNTAINVIEW TERRACE
NEWVILLE PA 17241
You are now in default on your Manufactured Home Loan Contract. If you correct the default, you may
continue with the contract as though you did not default. Your default consists of failure to make timely
payments of one or more installments as agreed to in the terms of the contract.
Thirty-one (31) days after the date of this notice, we may have the right to commence Legal action and
repossess your manufactured home.
Cure of default: Your may cure your default by making payment in the amount indicated below:
Past Due Monthly Payment(s)
$ 522.15
Late Charge(s)
6.56
Total Due Now $ 528.71
Creditor's rights: Any partial payment of the amount due which is received by us wiLL be applied to your
account. You ~iLl need to pay the full amount by the date indicated above fn order to cure your default.
you do not correct your default within 31 days due from the postmarked date of this notice, we may
exercise our rights against you under the law by accelerating your debt and either repossessing your
manufactured homa or, if necessary, bringing a court action to obtain possession of your manufactured
home.
If we elect to exercise our rights against you by repossession of the manufactured hame you may,, at any
time before we sell or otherwise dispose of the manufacturd home or enter into a contract for its sale or
other disposition, (which thai[ be at least 45 days after postmark of this notice), redeem the manufacture
home by paying us ali amounts due plus expenses reasonably incurred by us in detaching and transporting
the manufactured home to the site of the sale and our reasonable attorney's fees, to the extent permitted
Law, plus court costs.
If you have any questions, write to us at the address above or call me at the phone number listed above
between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
If this default was caused by your faiLure to make a payment or payments, and you want to pay by mail,
please send a check or money order. Do not send cash.
CC: File
If any additional regular payment becomes due during this cure period, this payment must also be paid in
order to avoid any further default. This correspondence is an attempt to collect a debt and any
information obtained will be used for that purpose.
PA (144) 095-07-0000061300713-00001 ~
GreenPolnt Credi
DEPARTMENT OF TRANSPORTATION
CERTIFICATE OF TITLE FOR A VEHICLE
973510062005506-001
TRPAl!14
7/23/84 I
ODOMETER DISCLOSURE EXERP/ BY FEDERAL 'LAN
JANET I~ HORN & SCOTT A
175 JNEADDNBROOK CRTS
NEU~CU~BERLAND PA 17070
B/N~ OF A~ERICA F [ B
BANK OF ANERTCA F
400 50UTHPOINTE BLVD
SOUTHPO%NTE PLZ I 230
CANONSBURG PA 1S317
BRADLEY L HALLORY
EXHIBIT "C"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREEN POINT CREDIT LLC, as servicing
agent for BANKAMERICA HOUSING
SERVICES, a Division of Bank of America FSB,
Plaintiff
VS.
JANET M. HORNE and SCOTT A. BAIR,
Defendants
CIVIL DIVISION
No: 02 - 5989 Civil Term
Complaint in Civil Action - Replevin
FILED ON BEHALF OF:
GREENPOINT CREDIT LLC, as
servicing agent for
BANKAMERICA HOUSING
SERVICES, a division of BANK OF
AMERICA FSB
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW, this 7t~ day of January 2003, comes the Defbndant Janet M. Home, by and
through her attorney Monica E. Baturin, Esquire, ofBATURIN & BATURIN LAW OFFICES,
and hereby files this Answer to Plaintiff's Complaint and respectfully avers the following:
Neither admitted nor denied. Defendant is without sufficiem knowledge or
information to form a belief as to the truth or accuracy of this statement; therefore,
strict proof thereof, is demanded at trial.
Admitted in part and denied in part. It is admitted that Janet M. Home resides at
42 Mountainview Terrace, Newville, Pennsylvania, 17241. It is specifically
denied, however, that Defendant Scott A. Bait a}so resides at that same address.
The exact whereabouts of Scott A. Bait are unknown.
Admitted.
Neither admitted nor denied. Defendant is without sufficient knowledge or
information to form a belief as to the truth or accuracy of this statement, therefore,
strict proofthcreof~ is demanded at trial.
o
10.
11.
12.
Neither admired nor denied. Defendant is without sufficient knowledge or
information to form a belief as to the truth or accuracy of this statement, therefore,
strict proof thereof, is demanded at trial.
Denied. It is specifically denied that the retail value of the said Mobile Home is
Eleven Thousand ($11,000) Dollars. By way of ~rther answer, the subject Mobik~
Home was built in 1984 and was purchased in a u~ condition by the Defendant in
1997. It is also specifically denied that the said Mobile Home is presently in the
Defendant's possession. By way of further answer, Defendant
is not living in nor has she ever lived in the said Mobile Home. The Defendant
Scott A. Bait, Mrs. Home's ex-mn-in-law, had lived in the subject Mobile Home
since its purchase date and then vacated the prope~W, shortly after he and Mrs.
Home's daughter separated and then divorced, leaving Mrs. Home to continue
making the payments on the unoccupied Mobile Home. In addition, when Mrs.
Home finally was able to reach the owner of the lVlobile Park to discuss the status
of the Mobile Home, she was rebuffed and informed by the owner of the Park that
he had found another person to occupy the subject Mobile Home and to pay lot
rent, all-the-while Mrs. Home was still making pa,.m~ents on the Mobile Home.
Denied in part. It is specifically denied that the Defendant defaulted under the
terms of the Security Agreement by not being able to make the monthly payments
as required. By way of further answer, Mrs. Home had been making the monthly
payments on the subject Mobile Home since Novemher of 1997 up to the present
date. The rest of the averment is neither admitted, nor denied. The Defendant is
without sufficient knowledge or information to form a helief as to the truth or
accuracy of this statement; therefore, strict proof thereof, is demanded at trial.
Admitted.
Denied. It is specifically denied that the Defendant failed to cure the default or
return the Mobile Home upon Plaintiff's demand. By way of further answer, the
Plaintiff never notified the Defendant that it was exercising its right of repossession
as it related to the subject Mobile Home. In addition, Defendant Mrs. Home
attempted on numerous occasions to discuss the status of the Mobile Home with
Plaintiff but to no avail.
This averment is a conclusion of law to which no response is required.
Denied. The Security Agreement is a document which speaks for itself.
Neither admitted nor denied. Defendant is without sufficient knowledge or
information to form a helief as to the troth or accuracy of this statement; therefore,
strict proof thereof, is demanded at trial
13.
14.
(a). This averment is such that no response is required.
(b). This averment is such that no response is required.
This averment is such that no response is required.
This averment is such that no response is required.
(a). This averment is such that no response is required.
(b). This averment is such that no response is required.
WHEREFORE, in consideration of the above, Defendm~t respectfully requests that this
Honorable Court dismiss Plaintiff's Complaint with Prejudice.
Respectfully Submitted,
BATURIN & BATURIN LAW OFFICES
By: ~11 C~..- .. /F'---
M~nica E. Baturin Esquire
Attorney I.D. No.: 73356
717 North 2~a Street
Harrisburg, PA 17102
(717) :!34 - 2427
(Attorney for Defendant)
Dated: January 7, 2003
VERIFICATION
I .verify that the statements made in the foregoing ~s~er are true and
correct to the best of my knowledge, information and belief. I understand that
false statements herein are subject to the penalties of 18 Pa. C. S. Section 4904,
relating to unsworn falsification to authorities.
~J~t M. Home
(SEAL)
Dated: January 7, 2003
¢.,0 ...<
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05989 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HORNE JANET M ET AL
SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
HORNE JANET M
the
DEFENDANT , at 1811:00 HOURS, on the 19th day of December , 2002
at 42 MOUNTAINVIEW TERRACE
NEWVILLE, PA 17241
CARL MOYER, HUSBAND
by handing to
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me ~_~his 3~ day of
zo~non0tary
So Answers:
R. Thomas Kline ---
12/26/2002
ERIN DYER
By:~ _~
Deputy Sheriff
SHERIFF'S RETURN - NOT FOUND
CASE ~O: 2002-05989 p
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HORNE JANET M 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
BAIR SCOTT A
unable to locate Him
COMPLAINT - REPLEVIN
but was
in his bailiwick. He therefore returns the
the within named DEFENDANT
, BAIR SCOTT A
DOES NOT LIVE AT ADDRESS GIVEN. NO FORWARDING ON
FILE AT POST OFFICE.
, NOT FOUND , as to
Sheriff,s Costs:
Docketing 6.00
Service
.00
Affidavit 5.00
Surcharge 10.00
.00
21.00
So answ~,r~- ~ J ~-=~-
Sheriff of Cumberland County
ERIN DYER
12/26/2002
Sworn and subscribed to before me
this ~ day of~
~2~ A.D.
--p~o~O~ C~Pt 'a r y~ , ~-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of
America FSB,
Plaintiff,
Janet M. Horne and Scott A. Bair,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL E)IVISION
No. 02-5989
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendants.
Respectfully submitted,
Erin P. Dyer, Esquire
PA ID Number: 5;.)748
Attorney for GreenPoint
5743 Centre Avenue
Pittsburgh, PA 15206
(412) 361-1000
L:lGreenPoint~Horn-BairlP2D.wpd