HomeMy WebLinkAbout03-0148IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
Christopher D. Beck and Lori N. Beck, aka
Lori N. Grove,
Defendants.
CIVIL DIVISION
No. O~ - iqo0
TYPE OF PLEADING:
Complaint in Replevin
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D.#55414
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
Christopher D. Beck and Lori N. Beck, aka,
Lori N. Grove,
Defendants.
CIVIL D1VISION
No. Oa -/qff
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 ON THE NEXT PAGE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(?17) 249-3166
b8oo-99o-91o8
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
Christopher D. Beck and Loft N. Beck, aka,
Loft N. Grove,
CIVIL DIVISION
No. 02 -/4'o
Defendants.
COMPLAINT IN REPLEVIN
AND NOW, comes Greenpoint Credit LLC, by and through its attorneys, Edward F. Voelker,
.Ir., Esq., and Voelker & Associates, P.C., and avers the following in support of its Complaint in
Replevin:
1. Christopher D. Beck and Loft N. Beck, aka Lori N. Grove, hereinafter referred to as
emnaants, are individuals whose last known address is 1550 Williams Grove Road, Lot 100,
Mechanicsburg, PA 17055.
2. Greenpoint Credit LLC hereinafter referred to as "Plaintiff," is a limited liability
company and is duly authorized to conduct business in the Commonwealth of Pennsylvania.
3. On or about June 21, 1999, Defendants entered into a "Note, Disclosure and Security
Agreement, and Agreement to Arbitrate," hereinafter referred to as the "Security Agreement," whereby
Defendants financed from Greenpoint Credit Corp. a 1989 Tower manufactured home (serial
-1-
NOTE, DISCLOSURE AND SECURITY AGREEMENT,
ki:.-~;::::::!--": ='O'l 661899
AND, AGREEMENT TO ARBITRATE ~.:..::=-~;~.~ u=~. PLR.: - -
(Agreement} [ ~:-?_.-i] o ICI:NUMBER: '"/9075
LO,,.. sou i:
BORROWER(S): NAME: C:-L'~,~STOP?-E~ P. MECK .~.Y.;~-; TRACe NO.
NAME:
ADORESS: =u WILLIAb~S GROVE #i63
MH FIXED R~TE DIRECT LOMt
CITY: ~fEC~k%-NICS BURG
STAT~ ?A 2~Pco0~17 055 PHON~-(717) 796-2606 ~S~.g~):- 162-60-~628 163-70-068{
~A~ONOF~N~REO~ME: 1550 WIT-T,I~ GRO~ ~ .~iCC~. ~C~IqSBL~G~ p.~~)
"l,' "me,' '~se~ or 'us' means all p~ ~o sign ~ Agreeme~ aa ~wer or ~bo~er, ~inay ~d s~mlly, ~d
"YO~ or 'y~ m~ns ~e L~d~ indi~t~ ~1~. On ~e d~e ~ ~ Agr~men~ I ~ff~ from ~u ~e Un~ B~n~ e~
~low. ~e ~n~a~ home d~c~ ~w, tog~er ~ ~rn~hings, ~ui~, ~p~ ~d ~ri~ ~ ~
· e m~ ~me (~led 'Man~a~ur~ Home~ secu~ ~is I~ as ~ fo~ in ~ S~ Agr~e~ ~ln~
herein.
~DER: GRE~PO~ CR~IT CO~.
PROMISE ~ PAY: I p~m~ ~ ~y ~u ~ ~ch addm~ ~ you may di~ ~e pd~d~ sum ~
S~E~ TH~JS~ FOR~ SIX ~%~ 50/~0C ~
~S S 17,0&~..5C ' ), (~e "Unpad B~an~") or ~o mu~ as may be o~d~g, ~ i~e~ ~ ~e ~ of
- 3.2.50 %
per year until the debt is paid in full. The Unpaid Balance shall inc/ude and I will pay interest on any prepaid finance charges you
a~'eed to advance me. I will pay this amount in monthly installment~ as $ilown herein in the Payment Schedule until the Unpaid
~[ance pfu~ all accrue~ int~est Is fully peJd. Additionatly, I promise to p~y ~ny other cha~es that I may owe under the
Agreement. If on 06/Z!/.~.<, . I still owe any amount under this Agreement, I will pay such amount in full on that date,
which is celled the "Maturity Date.' When you calculate interest, every year shall have 360 days and every month ehaE have 30
days and each monthly payment will be applied as of the scheduled due date.
ANNUAL PERCENTAGE RATE J
The ooSt ol my'or,dj! ~.~ · '~rly rata;
12.50 %
RNANCE CHARGE
~e daR~ ama~t ~e ~d~
$ Z0,773.3C
Amount Financed Total of Payments
The amountof oredit prot,~ed Th,, ama~tl ~1 h~ve paid after I
to me or on my behaE: ha,,~ nmde all I:~ymenl~ a,J ~heduled~
S 17 , 0~6 . 50 ' ~ 37 , 819 , 80
180 S 210 11 ~n~lu,~-~ni-- ~jTV 2" .nn~ "'-"'~'' 'J
I
Is ,..oo I Il
~ M~ Home ~d h~hold
~m~ b~ng my ~md H~e ~Y ~t ~e ~ m~er oi ~is ~r ~m~t ~ ~e o~in~ ~j ~t ~ur p~r ~n
~ree~nt ~ ad~ informa~n
If you do not meet your obligations under this Agreement, you may lose your Manufactured Home and other household Goods.
O.RIGIi~A~ COPY
· i Manufactured ~ODEL:
Home:
YEAR: 19 89 NEW: USE~ X .- .LENGTH: 7 0 fL W~DTH:
NUMSERS:T'-'~PI~J2 069
ADDmONAL
AND FURNISHINGS:
~. L Amountofcredltprovided tomeoron mybehalf:
$ 16, ? O0...00
b..Amount cmdlled to my ~ccoun~:
$
2. Amounts paid fo others on my behalf:'
a. To Insurance Companies:
(1) Property Insurance . . $ 319 ..Q_C
(2) Cr~t~t L~a Insurance $
b. To Public
~) FILI~'G FEE ~ .5.OD
c.
$
For:
1'oi
t To:
PROPERTY INSURANCE: PropeA'y Insurance on the
Manufactured Home is required for the temm of
Agreement. I have the right to choose the person
through whom it Is obtained. By marking my initia~
next to a "Type of Insurance" listed below, I elect to
buy ~e Insurance coverage indicated for the term and
premmm shown, and I want you to finance it on this
AgraemenL
T~Aoe of Insurance . Term Premium
UABIL/TY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAG~ CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED
IN THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: CREDIT UFE
INSURANCE IS NOT REQUIRED FOR THIS
AGREI=MENT OR A FACTOR IN ITS APPROYAL IT
WILL NOT BE PRODDED UNLESS I SIGN BELOW
AND AGREE TO PAY THE ADDITIONAL COST. If I
elect Cm0it Life Insurance, the nsme(s) of the
proposed insured(s) ar~.
Proposed Insured
Proposed Insured
h. To:
For:
L To:
For.
j. To: T '
For:, '
3. Amounts p~:l to Lender: For. .....
4. Unpaid Ealance (la and lb, i~js 2 and 3) $ 17rO,A6.SG
5. Prepaid Finance Charge $ .0 0
e. A~,ountFlnanc~d(4rcdnu~b-,I $ ~7 z .0__,~ 6 ..5 C;
i* I un~erstan~ and .~lme that a portion of certain o~ these
.a. mounts may be retained by you, your affiliate, or the Seller of
me goods or services. .._.
... (Only spouse can be insured jointly.)
· This Jnsuranc~ may not pay off the entire Unpaid
! Balance under this Agreement The exact amount of
· j coverage I$ ehown on my policy or ceffJficate, My
$/gnature indicates my election to obtain Credit Life
Insurance coverage for the term and premium shown:
T~pe ct Coverage . T~erm Premium
~. Single $.
Joint S
Date
i(If join! =overage is desired, bo~h proposed inaured~ mu. st sign,
06~899
ADDITIONAL TERMS AND CONDITIONS
SECURITY INTEREST: ! grant you a ~ecurity interest under the Uniform Commercial Code in (1) the Manufactured Home and In
all goads that are or may hereafter by operation of law become accessions to It, (2) all appliances, machinery, equipment and
· other gcoda furnished and affixed to the Manufactured Home including but not limited to the items listed as 'Additional
Accessories and Furnishings' on page I of this Agreement, (3) any refunds of unearned insurance premiums financed in this
Agreement, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactured Home and
accessions, and of any Additional Accessories and Furnishings. This ~urity interest secures payment and performance of all
my obligations under this Agreement, including any additional debt arising because of my failure to perform my obligations under
this Agreement and includes any contractual extensions, ranewa~ or modifioatior~. Notwithstanding any other provision of this
Agreement you are not grantee[ and will not I~tve a non-purchase money security interest in household goods to the extent such
a security interest would be prohJbffed by applicable law. To the extent permitted by applicable law, my execution of thia
Agreement Constitutes a waiver of my personal property and homestead exemption rights to the Manufactured Home herein
described. I also authorize you, at my expense, to sign and file, without my signature, ouch financing and continuation
etetemeote, amendments, and supplements ~ereto, and any other documents wllich you may from time to time deem neca~sal~
to perfect, preserve and protect your security interest in the Manufactured Hom~ I agree that you may file this security
instrument or a reproduction thereof in the real estate records or other approprfate index as a financing statement for any of the
items specified above. Any reproduction of this security instrument or any other securit~ agreement or financing statement and
any extensions, renewals, or amendments thereof shall be sufficient to perfect a security Interest with respect to such Rems. I
also agree to pay any fil~ng or receding fees necessary/or you to get and keep in/o~ce your security interest, and any roles_se
fees after this Agreement ia paid in full.
PREPAYMENT: I MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WrFHOUT PENALTY. If I make a pa~Jal
prepayment, there will be no change in the due dates or amounts of my monthly payments, unless you agree in writing to those
changes. Any prepaid finance chasgas are earned when paid. If I prepay this loan in ful~ or default and you demand payment of
~e entire balance due, no portion of any prepaid finance charge will be refunded.
PROPERTY INSURANCE:
e. Minimum Coverage. I am required to provide uninterrupted physical damage insurance Coverage protecting the
Manufactured Home for the term of this Agreement against lose by lire, hazaMs included within the term 'extended
coverage' and any other hazards, including flood, /or which you require insurance, in arl amount equal (unless state law
requbes othere~e) to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid ba~,nce I owe
from time to time under this Agreement (the 'Minimum Coverage"). The insurance policy will Contain a lass payable clause
protecting you (as your interest may appear), ar~l provide for a lO-d&y notice of cancellation to you. Unless you consent in
writing, I shall not add any additional loss payee to the insurance policy. I have the right to chcoee the person through whom
the property insurance policy is obtained. If my Insurance coverage expires or is canceled prior to payment in full of this
Agreement, I must obtain no less than the Minimum Coverage et my expense for the remaining term of thio Agreement.
Should I fml to maintain the Minimum Coverage, you may, but ara not obligated to, chain uninterrupted insurance coverage.
To the extent permitted by applicable law, I agree that any insurance you purchase may be for the protection of only your
interest in the Manufactured Home, may not fully protect me in the event of & Io~e, and may be for such reasonable perio~ as
you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact ancl that the cost, plus
interest at the rate provided for in this Agreement, will be added to my debt. I will repay such amount in the manner as
required by applicable tow, or if none ls required in the manner requested by you. [ understand that the insuranc~ premiums
may be higher If you must purchase the insurance than might be the ease ff I had purchased the insurance, and to the extent
perm~ed by applin~e law, that you may purchase the insurance from an affiliated Company which may receive a profit for
thio eer~ice~
b..a_~__~gnme~t end Application of I~uram=e Proceeds, I hereby grant and assign to you the prcoeeds of any and
insurance coverage on the Manufactured Home, including any optional coverage, such as earb~uake insurance, which in
type or amount is beyor~ the Minimum Goverage. Irt the event of e ~oso to the Manufactured Home, I shall give prompt notice
to you and the insurance carrier. Il' I fail to promptly notify or make proof of toss to the insurance canter, you may do so on my
behait. Ail physical damage insurance proceeds, inclucting proceeds from optional coverage, shall be apptied to restoration or
repair of the Manufact~ured Home, unless you and I agree othenviae in writing or unless in your sole dis~refion such
restoration or repair is not economically practical or feasible, or your security interest would be lessened, if such restoration
or repair is not practical or feasible, or your ssourlty interest Would be lessened, you shall apply the insurance prcoeads to
the remetning unpaid b~lance of enio Agreement, whether or not then due, and give me any excess. I authorize any insurer to
pay you direca~/. I hereby appoint you as my/im~ad attorney-in-fast to sign my name to any chec~ draft, or other document
rmoeses,~,y to obtain ouch insurance P~yments.
ORIG I!~AL COPY
o c. Cancellation of Required Ir~urance Upon Prepayment in Full. If you have purohased any insurance on my ~eha[f, at my
expense, and if I prepay In full the Unpaid Balance due under this Agreement, (1) you will provide rna w/th any riot/ce
required by applicable law, (2) I have the right to cancel the insurance and recaive a refund or credit of unearned premiums
or *o continue the insurance, but unless I specifically request cance~.tion, the insurance will remain in effect until the
· scheduled expiration date.
LATE CHARGE: It' the Unpaid Balance at the time of execution of this Agreement is more than $25,000.00, then I agree to pay
a late charge/f you have not received the full =mount of any monthly payment ss set gorth on page I of this Agreement. Only
one late charge will be made on any delinquent installment regardless of the period for which that installment remains in default.
A~ter this Agreement maturss, wflMher by a(~eleration or otherwise, I will not be charged · late charge.
RETURNED CHECK CHARGES: J will pay you $15.00 (or such higher amount as allowed by law) if any check given to you is
not honored because of insufficient funds or because no such aocount exists.
EVENT~ OF DEFAULT: I will be in default under this Agreement If: la) I fail to make any payment when due; lb) I break any
other promise I made to you in this Agreement, lc) I fail to make timely rental payments, or to pay other chargas and
assessments, relating to the Real Property and/or facility on whlch the Manufactured Home la located; id) I violate restrictive
covenants, nJM or regulations relating to the Rea/Property and/'or facility where the Manufactured Home i~ located: (e) I fail to
keep the Manufactured Home in good repair and condition, as you may reasonably (~etermine; if) I remove the Manufac:tored
Home from the address shown on this Agreement unless I notih/you in advance and receive your written consent; Cg) I sell or
attempt to sell the Manufactured Home or to transfer any beneficial Interest therein without first obtaining your written consent;
ih} I allow the Manufactured Home to become pa,-t of any real e~tte without first obtaining your written consent: (0 I encumber
or abandon the Manufactured Home or use it for hire or illegally; or ~ If any statement of fact, representation or warranty I make
to you in my loan application or in this Agreement is false, misleading, ina(~urate or incomplete.
NOTICE OF DEFAULT: If any of the shove specified Events of Default have occurred, you may do whatever is necessary to
co~eot my default. You will, except as set forth below, first g/ye me a Notice of Default and Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Agreement. The Notice will tell me what my default is and how I can cure it. Except as otherwise requ/red by applioable law, you
are not required to send me this Notice when (1) you have already sent a Notice three times within the preceding one-year
period, (2) I have abandoned or voluntarily surren(~ered the Manufactured Home, or (3) other extreme circumstances exist which
~ould jeopardize Your security interest.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do any or all of the following at the end of the notice period,
as allowed by applic=able law:. la) you can require me to immediately pay you the entire remaining Unpaid Balance due under this
Agreement plus accrued interest lb) you may require that I reimburse you in such manner as required by applicable ~w, or if
none is required in the manner requested by you with interest at the rate provided for in this Agreemanlg the amount of funds you
actually advance on my behalf to correct my default; lc) you may, but are not required to, pay taxes, Insurance premiums, fees,
expensss, changes, rerfm or asSe~ments respecting the Manufactured Home, or s __~_. liens, on or to make repalm to the
Manufactured Home ~Y I have not done an as required in this Agreement; id) to the extent perm/fred by applicable law, you may
cancel any insurance for which all or a part of the premiums or charges was financed by you, obtain a refund cd unearned
premiums or changes, and apply those amounts against the Urt~ BaJance, or (e) you Gan repossess the Manufactured Home.
If you are not required to send me the Notice of Default and Right to Cure Default, you will have these rights immediately- upon
my default. If you repossess the Manufactured Horns, and I do not exercise any right to cure or redeem the Manufactured Home
that I may have. you may dispose of it as required by applicable law. You will give me written notice at laest Ii/teen (1..~) days
before any repossession sale. The notice shall be sent to the address shown as Borrower's Address ~n on the first page of
this Agreement or to any other addraes which I later give you in writing. Before the saJe I still may get bac~ the Manufactured
Home if I (1) pay you all installments due or past due at the time of delivery of the Manufactured Home back to me, (2) pay you
all unpakt delinquency or cleferred charges, (3) pay you your oosts of suit, including but not limited to attorneys' fees to which
you have a dght under Agreement, (4) cure any other defaults which may have occurred, and (6) if my default at the time of
repc,~e~ion exceeded fifteen (15) days, the expenses of retalcing, repairing and storing the Manufactured Home allowed by
law. You will apply the proceeds of any repossession sale (1) first, to your expenses in selling the Manufactured Home, then (2)
to your co~b~ of retaking, repairing and storing the Manufac~Jred Home, then (3) to your reasonable and actual court costa and
any attorneys' Ieee to which you have a right under the terms of this Agreement, then (4) to late charges, and then (5') to the
bah. ncc still due. If there is any surplus money from the repossession sale, it will be refunded to me. If there is still a baJanoe
due you, I must pay' it to You, ex=apt as otherwise provided by law. If you repossess, you also may take possession of any other
property anywhere in or attached to the Manufactured Home. You agree to return all such prope~y to me upon my request. You
may hoffd the pro~ for me at my risk without ~labillty on Your part. If you take poes_A~e__'.,on of any such property, you w/il not/h/
me in writing, if I cio not then prompt/y claim and take possession of this property, you have my permission to dispose of it in a
reasortabte mart/qer. J wiJ! pay any rea~onabla charges which you may incur for storing or shipping such propMty. All remed/e~
ere cumulative and you may enforce them separately ~[n ~-a~:~i(ler you deem necessary to protect your security.
~. ARBITRATION OF DISPUTES:
a. Arbitration. You end I agree to arbitrate any and all (1) disputes, torte, countemia/m$, or any other matter in question
between you and I adsing out of, in conneof~on with, or in any way relating to th~s Agreement ('Claims') (including whether a
Claim muat be arbitrated) and (2) any Claims arising out of, in connection with, or relating to a transaction involving you and I
· and One or more third partia~ who have not signe~ this Agreement which a thir~ party elects to arbitrate ('"Third Party
Claims'). However, neither you or I can require the other to aYoitrate (1) any proceeding in which a lien holder may acquire or
~co~ve ey title to or possession of any propet~y which is security under this Agreement, or (2) an applicMion by or on behalf of
for reFmt, under the federal bankruptcy laws or any other similar taws of general appli~ for the relief of debtom.
Enforcement of this exception to arbitration at any time will not waive the right to arbitrate any other Claim or Third Party
C~aim, including tho~e asserted a~ a counterclaim in a lawsuit underthls exception to arbitration.
b. Rulea, The arbitration shall be (1) b/riding, and (2) governed by (0 the Federal Arbitration ACt ('rifle g of the United States
Code): (ii) the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (the
'Arbitm~ Rules") in effect at the time arbitration is requested, and (110 this Agreement. A copy of the Arbitration Rules, free
of charge, may be obtained by calling (800) 778-7879. 'The arbitrator shall have all powem provided by the Arbitration Rules
and this Agreement and shall apply the law, including but not lirn/ted to ail statutes of/imitation, which would otherwise apply
in a judicial ac't/on to a Claim or a Third Party Claim.
The award of the arbitrator(s) shall be in writing end Include a statement of reasons for the award. If the terms of this
Agreement emi the Arbitration Rules conflict, the terms of this Agreement ahall control the extent of the conflict. '['he
arbitration shall be conducted in the federal judic/ai ¢~istriof where my rssldence is located, or at any Other place mutually
acoeptabis toyou and I. 'i'he arbitration hearing shall begin within forty-five (45) days of the demand tor arbitration.
if I have the right to rem=ind this Agreement, rescinding it will not rescind this agreement to arbitrate.
You and I agree that the arbitTat, ion proceedings are confidential. The information disclor, ed in such proceedings cannot be
used for any purpose in any other proceeding. This Agreement is the only agreement between you and i regarding
arbitration, and takes the place of any prior agreements to arbitrate Claims. This Agreement rrmy be modified only by a
written agreemanf: between you end I.
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WITH A JUDGE
OR A JUl)GE AND JURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER RELIEF ONLY TO YOU OR I.
THERE SHALL BE NO CLASS CLAIMS OR RELIEF. ANY DAMAGES AWARDED BY THE ARBITRATOR SNALL BE
LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEOUENT1AL,
PUNITIVE OR TREBLE DAMAGES,
ATTORNEY FEES: it' t' prevail in any legal ac'don or arbitration proceeding which is commenced in connection with the
enforcement of this Agreement or any instrument or agreement required under this Agreement, or in connection with any dispute
relating to this Agreement, you wil! pay my reasoneb/e attorney fees, court ¢oat~, and necessary disbursements incurred In
cennection with such action or proceeding, as determined by the, court, or the arbitrator(e) in accordance with the law. If you
prevail In any such action or proceeding, or in the exereJSe of any self-help remedy as described above, I will pay any
reason~b/e fees paid by you to an attorney who is not your sa(aried employee, together with court ~ and nece~t~ry
disbursements to the full extent perm/tfed by law.
OTHER TERMS AND CONDITIONS: I agre~ (a) to pay with my monthly installments, if requested by you to do so, the
estimated amount necessary to pay yearly taxes, aaseasments and insurance premiums that will become due within the next
twelve, month period; lb) to pay you a banal'ar fee if I sell the Manufaofured Home, unless such fee is prohibited by law;, lc)
~xceflt a~ otherwise provided by applicab/e law, to pay interest at the rate provided for in this Agreement on the remaining
unpaid balance plus accrued Intereat, from the date of maturity un~] paid in full; (d) that if I am married and residing in a
community property state, both my community property and separate property will be liable for ali payments due under this
Agreement; and (e) if another person ~ttempts to make payments on my behalf, you ara not oblJgafed to accept them. If you do
accept them, you are not releasing me or waiving any of your dgh'm againat me, and I authorize you to discuss with another
pemon who ia making payments on my account any information about this loan, including its statue and your collection
prooedurss and remedies.
ASSIGNMENT: You may aes/gn this Agreement to any person or er~;[y. All rfghte granted to you under this Agreement eh=Il
apply to any assignee of this Agreement.
ORIGI2gAL COPY
CREDIT INFORMATION: You may inves~ate my credit history and credit capacity In connection with opening and coltectlrt~
' my aocount and share information about me and my account with credit reporting aganoies. Unless prohibited by applicable law,
yOU may sell or c~herwise hJmish information about ma, ir~ludin§ insurance information, to all othem who may lawfully receive
such i~formafion, including speeifi~ information about the Manufactured Home, and any insurance policies on the Manufactured
· Home end the Real Propen'y to any insurance agent to enable such agent to quote premiums to me and solicit my insurance
business.
WAIVER, MODIFICATION, INTEGRATION: Your waiver of any default shall not oonstitute a waiver of any outer default. No
term of this Agreement shall be changed unless in writing and signed by one of your officers. This Agreement and other
documents executed by me in conneo~on with this Agreement, is the entire agreement between ua and I agree that no oral or
implied representations have been made to induce me to enter into this Agreement. By choosing or exercising one or more
remedies herein, you do not waive your right to later use or pursue one or more other remedies, ex~=el~ as limited by applicable
law.
VALIDITY: Wherever possible each provision of this Agreement shall be interpreted in such a manner as to I~e effective and
valkt under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidat~g the remainder of such
pro¥iaion or the remaining provisions of this Agreement. This Agreement shall be o~ no effeel[ until anti unless signed by me and
acoepted by you. In no event shall any charge under this Agreement exceed the highest amount allowed by applicable law. Il'
any excess cha,-ge is reeeNed such excess shal$ be refunded or epplind to the Unpaid Balance.
GOVERNING LAW: Each provision of this Agreement shall be constrded in accordance wi~ and governed by the laws of the
Commonwealth of Pennsylvania, provfded that to the eXtent you have greater rfghts or remedies under federal law, such choice
of ~tat~ law shall not be deems6 to dep~%,a you of such gl'eater fights and renledies undo' fedora~ ~aw.
NOTICE You ~Jill send ail not{cas concerning this Agreement or my k~n to me at the address liste~ on the first pete of this
Agreement unless I nolth/you in writ/ag otherwise.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, AND AGREE THAT THIS AGREEMENT SETS FORTH OUR ENTIRE
AGREEMENT AND THAT NO OTHER PROMISES HAVE BEEN MADE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT AT THE
TIME OF SIGNING
~orrower Borrower . .,~ · .
CB--RISTOP~_~R-Dy BEC~ LORi ~. Bkt.~ ~,- --
Bonower
DATE OF THI~
ORIG II~T~L COPY
Gre-~nPo~nt Credit Corp.
74/,' St2~n!id_~e Dffv~ Stdte 207
991821094000297-001
THPN2069
&/25/89 I 7/131/99
ODOHETER DISCLOSURE 'Ex~2ll~.,~'~
,,15SD ~LLIA~S GRO~E RD
RECHANZCSBURG PA 17055
LAN'
GREENPDINT CREDIT
GREENPOXNT CREDIT
74D SPR%NGDALE DR
STE 207
EXTDN PA 19341
, If a oo'PUrCha~e~ other ~J~an your spou~ I~ I1~ emd you want the bl~ ~,
amler, ~tle goN to sta~%,ing owner.) CHECK HF~ CL (~ the ~
clecea~d ovmer goes to/*,ta~r helm or ~el.
(TYPE OR PRINT) C, erflflcate of Title must be submitted within 20 days, unless the purchaser is a registered dealer holding the veh~e for re~Je.
VVr%~l~llq~,, , -- TO ~E ~ ~V,DI~ A F~ S1AT~ U~Y .E~LT ~ FINES ~ ~RI~
· ~MENT OF TITLE-
~ ~ ~ ............... ~.~.~ .........
~ ~F~E ~;
I I Illl Hill I
November 14, 2002 #~OTICE OF ZRTENTZON TO ACCELERATEr CO#HENCE LEGAL ACTiOR OR
GREENPO[NT CREDIT, LLC
P.o. BOX 723308
ATLANTA, GA 31139
888 472-~38
RE:
~anufactured Home LoaQ - Account #00000?530915200001
CHRISTOPHER BECK
1550 g[LL[AH$ GROVE RD
HECHAHiCSBURO, PA I7055
You are nou in default on your Hanufactured Homo Loan Contract. If you correct the defauLt, you may
continue uith tho contract as though you did not default. Your default consists of faiture to make timely
payments of one or more instaLLments as agreed to fn the terms of the contract.
Thirty-one (31) days after the date of this notice, ~e may have the right to commence Legal ac[fen and
repossess your manufactured home.
Cure of default: Your may CUre your default by making payment in the amount indicated be[ou=
Past Due Hanth[y Payment(s) $ 662.62
Late Charge(s) $ .00
Total Due Nou $ 662.62
Creditor,s rights: Any par[ia( payment of the amount due ,hich is received by us ,iLL be applied to your
account. You ~i[[ need to pay the fuLL amount by the date indicated above in order to Cure your default.
you do not correct your default ufthtn 31 days due from the postmarked date of this notice, ue may
exercise our rights against you under the tau by accelerating your debt and either repossessing your
manufactured home or, if necessary, bringing a Court action to obtain possession of your manufactured
home.
[f we elect to exercise our rights against you by repossession of the manufactured home you may, st any
time before we seLL or otheruise dispose of the manufacturd home or enter into a contract for its sale or
other disposition, (uhtch shat[ be at Least 45 days after postmark of this notice), redeem the manufactured
home by paying us aLL 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 b~
Leu, plus court costs.
Zf you have any questions, ~rfte 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., Honday through Friday.
if this default uas caused by your failure to make a payment or payments, and you uant to pay by mai[
please send a check or money order. Do not send cash. ~
CC: FiLe
If any additions[ regular payment becomes due during this cure period, th~s payment must also be paid in
order to avoid any further default. This correspondence
information obtained ~fLL be used for that
PA (144) 095'11'000007530915~-00001
is an attempt to coLLect a debt and any
November 14t 2002 NOTZCE OF ;#TENTZON TO ACCELERATEr CC~C;CE LEGAL ACT[ON OR REPOS$~,~
RE:
Nanufactured Home Lean - Account #000007530915200001
GREENPOIN¥ CREDIT, LLC
P.O. BOX ?23308
ATLANTA, GA 31139
888 ~72-7338
LOR! N GROVE
1550 WILLLAHS GROVE RD
MECHANLCSBURG, PA 17055
You are now in default on your Manufactured Home Loan Contract. If you correct the default, you may
continue ~ith 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 HonthLy Payment(s) $ 662.62
Late Charge(s)
Total Due Now
$ .00
$ 662.62
CreditorSs rights: Any partial payment of the amount due which fa received by us wf[[ be applied to your
account. You wf[[ need to pay the fuji amount by the date indicated above in order to cure your default.
you do not correct your default within $1 days due from the postmarked date of this notice, ~e may
exercise our rights against you under the Law by accelerating your debt and either repossessing your
manufactured home or, ff necessary, bringing a court action to obtain possession of your manufactured
home.
[f we elect to exercise our rights against you by repossession of the manufactured home you may, at any
time before ~e se[[ or otherwise dispose of the manufacturd home or enter into a contract for frs sale or
other disposition, (which shaLL be at Least 45 days after postmark of this notice), redeem the manufactured
home by paying ua aL[ 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 by
[aN~ plus court casts.
Zf you have any questions, ~rite 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:OD p.m., Nonday through Friday.
if this default ~as caused by'your failure to make a payment or payments, and you ~ant to pay by mai[,
please send a check or money order. Do not send cash.
CC: FiLe
[f any additional regular payment becomes due during this cure periad, this payment must aide be paid in
order to avoid any further default. This correspondence is an attempt to coL(ecL a debt and any
information obtained wiLL be used for that purpose.
PA (144) 095'11-0000075309152-00001
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit, LLC,
Plaintiff,
Christopher Beck
Lori N. Beck a/k/a Loft N. Grove,
Defendants.
CIVIL DIVISION
No. 03-148 CIVIL TERM
TYPE OF PLEADING:
PRAECIPE TO DISCONTINUE
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit, LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D.#55414
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit, LLC,
Plaintiff,
go
Christopher Beck
Lori N. Beck a/k/a Lori N. Grove,
Defendants.
CIVIL DIVISION
No. 03-148 CIVIL TERM
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue Plaintiff's Case in the above-captioned matter without prejudice.
Date: /- -2 '7 - d>~.~
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
Attorney for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a tree and correct copy of the within PlaintiffPraecipe to
Discontinue was served upon the following by First Class United States Mail, postage prepaid, this 27th
day of January, 2003, at the following addresses:
Christopher D. Beck and Lori N. Beck aJk/a Lori N. Grove
1550 William Grove Road, Lot 100
Mechanicsburg, PA 17005
VOELKER & ASSOCIATES, P.C.
Edward F. Voelker, Jr.
Attorney for Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00148 P
COMMONWEALTH OP pENNSYLVANIA:
cOUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC VS
BECK CHRISTOPHER D ET AL
BRYAN WARD
cumberland county,Pennsylvania'
says, the within COMPLAINT - REPLEVIN
BECK CHRISTOPHER D
at 2023:00 HOURS,
DEFENDANT '
at 1550 WILLIAMS GROVE ROAD
MECHAi~ICSBURG, PA 17055
CHRISTOPHER D BECK COMPLAINT - REPLEVIN
a true and attested copy of
sheriff or Deputy sheriff of
who being duly sworn according to law,
the
was served upon
on the 15t~h day of JanU__~,
LO T
by handing to
2003
together with
and at the same time directing Hi__~s attention to the contents thereof-
sheriff's Costs: 18.00
Docketing 6.21
Service .00
Affidavit 10.00
surcharge .00
sworn and Subscribed to before
me this ~5~ day of
~________ A.D.
~notary '
So Answers:
01/16/2003
VOELKER & ASSOCIATES
By:~
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00148 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
BECK CHRISTOPHER D ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
BECK LORI N AKA LORI N GROVE the
DEFENDANT
at 1550 WILLIAMS GROVE ROAD
MECHANICSBURG, PA 17055
, at 2023:00 HOURS, on the 15th day of January
LOT 100
by handing to
LORI BECK
a true and attested copy of COMPLAINT - REPLEVIN
together with
, 2003
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this 2..~ day of
/P~othonotary
So Answers:
Ol/16/2oo3
VOELKER & ASSOCIATES
Dep~ Sheriff