HomeMy WebLinkAbout03-0202IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC, as Agent and Servicer
for Bank One, National Association,
Plaintiff,
CiVIL DiVISION
No. o3-
TYPE OF PLEADiNG:
Complaint in Replevin
Casey L. Cromer and Justin L. Jumper,
Defendants.
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, as Agent and
Servicer for Bank One, National Association,
Plaintiff,
Casey L. Cromer and Justin L. Jumper,
CIVIL DIVISION
No. J
Defendants.
COMPLAINT IN REPLEVIN
AND NOW, comes Greenpoint Credit LLC, by and through its attorneys, Edward F. Voelker,
Jr., Esq., and Voelker & Associates, P.C., and avers the following in support of its Complaint in
Replevin:
1. Casey L. Cromer and Justin L. Jumper, hereinafter referred to as "Defendants," are
individuals whose last known address is 45 Country View Estates, Newville, PA 17241.
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 Pelmsylvania.
3. On or about March 29, 2000, Defendants entered into a "Retail Installment Contract,
Security Agreement, Waiver of Trial by Jury and Agreement to Arbitration or Reference or Trial by
Judge Alone," hereinafter referred to as the "Security Agreement," whereby Defendants purchased and
financed from Greenpoint Credit LLC a 1999 Dutch House manufactured home (serial no.20862DAB)
-1-
with certain furnishings, equipment, appliances, and accessories included at the time of purchase,
hereinafter collectively referred to as the "Manufactured Home." A true and correct copy of the
Security Agreement is marked as Exhibit "A" and is attached hereto and made a part hereof.
4. On May 1, 2000, Security Agreement was assigned by Plaintiff to Bank One, National
Association.
5. Plaintiff is acting as Bank One, National Association's agent and servicer.
6. It is believed and therefore averred that the Manufactured Home is located at the
residence of Defendants.
7. Pursuant to the Security Agreement, Defendants promised to pay Plaintiff or its
assignees the financed amount of thirty-four thousand two hundred twenty-two dollars and fifty cents
$34,222.50).
8. As security for the loan, Defendants, by the Security Agreement, granted Plaintiff and
its assignees a security interest in the Manufactured Home.
9. Plaintiff perfected its security interest in the Manufactured Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a
Vehicle is marked as Exhibit "B" and is attached hereto and made a part hereof.
10. ?laintiff avers that the approximate retail value of the Manufactured Home is Seventeen
Thousand Txvo Hundred Ninety-nine Dollars ($17,299.00).
-2-
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Edward F. Voelker, Jr.
Attorneys for Greenpoint Credit LLC
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
-4-
~PENN~YLVAN!A
(Contraot) l:;~.~.:~,.;~I , .~?____
BUYER(S): NAME.' CXSE¥ L. CROM,_ER I~i!~::IACCT. NO.:~
. [':? .I'7.:. ~:::~:~ ~NDIN~ COD;:
NAM~
BUY~R~ NAMe: COUNt:
ADDR~S:8 S HIGH ST C;~:NE~ILLE ~ATE:~ ZIP'. !7241
PHONE: (717) 776 -9660 S. SEC.;~): 173-60-9~95 20~-60-3674
PRESSED L~A~ON OFMANUFA~RED HOM~ 45 CO,TRy VIEW ESTATES, NE~IT.T.E, 2A [7241
"J,' "me." "m~elf" or "m~ me~ ~1 pemans who sign ~is Co~,~ ~ buyer or ~buyer, jointly ~d severN, ~d
"your me~ ~e Seller and any assignee. ~is Canb~ will be submi~d ~ ~e Crier indicted below, at a Io~ offi~ ~d,
approve, it ~{I ~ ~signed ~ ~at Cradler. On the dam ~ this Con~a~, I buy from you on a cr~it s~ basis ~e man~a~r~
home d~cd~d on p~e 2, ~ether w~h furnishings, equipmen[ appliances and a~easeH~ included in ~e ma~ufa~rec
home at ~e time ~ purch~e (~led "M~ufa~red Home").
CRED~OR:GREENPO!~ CREDIT, LLC
PROMISE TO PAY: I pro~se ~ pay you at such address ~ you may dire~ ~e Unp~d BN~ce shown on page 2 of
Contract (Item 5) with interest at the initial rate of 1 !. 25 % per year. The interest rate I will pay will change in accordance
with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed
due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 04/01/20 , I still owe any amount under
this Contract, I will pay such amount in full on that date, which is called the "Maturity Date." Each monthly payment will be
applied as of its scheduled due date. If no interest rate is disclosed above, the inYdal interest rate is the Annual Percentage Rate
shown below,
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate may
change ll months after my first payment is due and every 12 months thereafter based on movements in the
average of interbank offered rates for one year U.S. dollar denominated d-~-p~'sposits in the London market based upon the quotation
of major banks as published in the "Money Rates" section of The Wall Street Journal on the first publication day of each month,
and known as the London Interbank Offered Rates (LIBOR), which is the index rate. This is called my "into.rest rate
change date.' My interest rate cannot increase or decrease by more than 2.00 % at any interest rate change or by more than
5.00 % over the term of the Contract. The interest rate will equal the index r~te in effect 45 days before the interest
rate change date plus a margin of 5.50 % (rounded to the N~.AREST :i/8 of one percentage point) unless
the interest rate caps limit the amount of change in the interest rate. If this index rate is no longer available, you may choose a
new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
The cost ~ my credit ~
a ~arly ram (which is
FINANCE CHARGE Amount Financed
The dollar amount ;he
Credit will cast me (w~ic~
is subject te change):
]~ment~:'
12
228
See Contra~t terms for additional inform, alien
about nonpayment, default, required repayment
in i'ull before ~e schegluzed date. and
Prepayment: If I pay off study, I will net
have [o pays penal,, but I will nat be
en~tted to a rerun= of Ihe Prepaid
Finance Cha~ge, if any, .-:
The amount of credit
provided te me or on
my bahai:
$ 3~,222.50_..~
s 359.37
~. 382
Total of Payments Total Sale Price
The amount I will havJ paid The zetai cost et my
a~er I have made all purchase off credit
paymenr~ as scheOuied (~'/nich Js aubjee~ to
(based on ;he Current change) including my
Annual Pemenmge Rate down Payment at'
which is subjeot to ~ange): $ ~L"; 8 O $ . 0
$ 91,508.76 $' 93,313.76
"~'~: ......... ":'"*"'~ ........ "~:':';'. ...... . ............. ": "'.,,~."::i~:::','~,,: .:.::;
Monmly, beginning ~X*AY 01
Mon;hly, beginning [vT_~'Z' 0 !
Monl/~ly, beginning
Monthly, beginning
2OOO
2D01
Security: I give you a security interest in ~e goods or property bain purohased.
Late Charge: If a payment is more ;hah 1~ days laZe. I will be charged 5 % of ;he unpaid amount of auch payment, not to exceed
S 5.00
Variable Rate: My Contract contains a variable rate fea~ura. Disclosures about ;he ratable rate feature have been providecl to me earlier:'
As~umptlon: Someone buying my Manufactured Home may, under ~enmn ~irc~mstances. be allowee to assume the
Estimates: All numerical disclosures ex~ept ;he late payment ~isclosures are estimates.
The above disclosures are based on terms in effect on the date this Contract is signed. If the in~e
of Payments, Annual Percentage Rate, Finance Charge and Total of Payments will be more or lea~mmml~lm~
Description of
Manuf~cturecl
Home:
TRADE NAME: DUTCH HOUSING,
YEAR: 1999 NEW:
SER~J.
INC.
USED: X
MODEL.: DUTCH
LENGTH: 4 ([ ft. wIDTH; 24 ft,
ADDITIONAL
ACCESSORIES
ANC) FURNISHINGS:
032100
1. Cash Price (IncJuding SaJes
Tax d'$ .00): .................. $ 36,000.00
2. a. Cash Down Payr~ent ........ $ 1,805.00
b. Trade-In (Year, Make, Model):
Length Widlh
Gross VaJue $ ,00 Uens $ .00
Net Trade-In Value $
Total Dowfl Payment ......................... $
3. Unpaid Balance of Cash Price (1 minus 2) $
4. Amounts paid to olhers on my behalf:.*
a. To Insurance Companies:
(1) Properly Insurance ...... $
(2) Credit Life Insurance $
b. To Public Officials:
(1) Cer'Ulicate of ~Rrle $
(2) FILING FE~-~ ...... S
c To Creditor:.
(Seller ,,, pay o~
.00
1,805.00
3~,195.00
.00
.00
22.50
5.00
For: $ .00
d. To:
For:
e. To:
f. To:
For.
g. To;
$ .00
$ .00
$ .00
GREENPOINT CREDIT, LLC
For. FLOOD FEE
h. To:
$ 27 .00
Total (a +b+c+d +e + f + g + h~ .......$
5. Unpaid Balance (3 plus 4) ........................ $
6. PrepaJcl Finance Charge ......................... $
7. Amount Financed (5 minus 6) ..................
54.50
34,249.50
27.00
34,222.50
'l understand and agree that a portion of certain of these amounts
may be retained by you or your affiliate.
PROPERTY INSURANCE: Property Insurance ,on the
Manufactured Home is required for the term of this
Contract. I have the right to choose the person through
whom it is obtained. By ma~king the appropriate line
below, I elect to buy the coverage indicated from you
for the term and premium shown, and I want it firtanced
on this Contract.
Type of Insurance Term Premium
Phy,icaJ Damage Coverage 0MOS $ .0 0
BROAD FOR/~
$
LIABILITY' INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life Insurance is
not required for this Contract or a factor in its approval.
If I elect Credit Life Insurance, the name(s) of the
proposed insured(s) m-e:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly.}
This insurance may not pay off all of my debt, and the
exact amount of coverage is shown on my polioy or
certificate. My signature indicates my election to obtain
Credit Life insurance coverage for the term and
premium shown:
Type of Coverage Term Premium
Single $
Joint $
(signmtum)
(signature)
Date
Date
(It joint coverage is desired, bo~h proposed insureds must sign.)
ADDITIONAL TERMS AND CONDITIONS
VARIABLE RA'I e:
a. Monthly Payment Changes. My monthly payment amount will change each time my interest rate is adjusted, I will pay the
amount of the new monthly payment beginning the first monthly payment at the interest rate change date. The monthly
payment amount would fully amortize the remaining unpaid balance I am expected to owe on the interest rate change date at
the adjusted interest rate in equal monthly payments over the remaining Term of this Agreement.
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate and
monthly payment at least 25 days before the adjustment. This notice will contain information about the index rate, interest
rate, payment amount and remaining unpaid balance.
c. Conversion to Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginning
ZERO years from the date of this Contract and ending 2 0 year~ from the date of this Contract. In
order to convert to a feed rate, I must not be in default under the terms of this Contract, I must notify you in writing of my
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee. The
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive my
written notification. The new fixed rate wflJ take effect on the "Conversion Date," which shall be my next payment due date
that is at least 3 0 days after your timely receipt of a revision agreement signed by ail Borrowers together with a
nonrefundable conversion fee of $ 2 0 0.0 0
. T~e new fixed rate and the Conversion Date are =subject to
change if my revision agreement and fees are received after the date specified in the revision agreement. My new payment
amount will be effective with the first payment following the Conversion Date.
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
all goods that are or may h~eafter by operation of law become accessions to it, (2) all appliances, machinery, equipment and
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
financed in this Contract. (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactured
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and
performance of my obligations under this Contract, including any additional debt adalng because of my failure to perform my
obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Contract
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I will
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your
security interest in any personal property and fixtures. I agree that you may file this secudty instrument or a reproduction thereof
in the real estate records or other appropriate index as a financing statement for any of the ;terns specified above. Any
reproduction of this security instrument or any other security agreement or financing statement, and any' extensions, renewals, or
amendments thereof, shall be sufficient to perfect a security interest with respect to such items.
PREPAYMENT: I,MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOLrT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
THERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, hazards included within the term 'extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage').
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a
lO-day notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the insurance
policy. I have the right to choose the person through whom f~e property insurance policy is obtained. Jf my insurance
coverage expires or is cancelled prior to payment in fuji of this Contract, I must obtain no less than the Minimum Coverage at
my expense for the remaining term of this Contract. Should 1 fail to maintain the Minimum Coverage, you may, but are not
obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only your
interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period as
you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus
interest at the Contract rate, will be added to my debt. I will repay such amount during the term of the policy in:the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance t~tan might be
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive a profit for this service. '
· b. Arbitration. Since this Oon~'act touches and concerns interstate commerce, ~n arbitration under this Contract shall
conducted ir~ accordance with the United States Arbitration Act (T'~le 9, United States Code), notwithstanding any choice
law provision in this Contract. The Commercial Rules of the American Arbitration Associat/on ("AAA") also shall apply.
arbitrator(s) sha~l follow the law and shall give effect to statutes of limitation in determining any claim. Any centrove~
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be i
.writing and include a statement of masons for the award. The award
in any court having jur ediction, and no challenge to en . shall be final. Judgment upon the award may be antere
provided bySectfon 10 ofthe,~.~,=,~ o ........... tn/ of judgment upon the aw
.,,,,,~u ,~La~es ~ro tTa~on Act or u-o .......... ard --all be entertained except a
I.' . ~ .ns ng o~ man~fest injustice.
c. dudicJal Reference or Trial by a Judge. If requested by either you or me, any controversy or claim Under subparagraph (a
that is not submitted to arbilration as provided in subparagraph (b) shall be determined by reference to a referee appoint~
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and I shall designate to th~
court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-$ponsore~
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy
power to appoint a referee, the controversy instead shall be decided by trial by a judge without a jury. Js venued I~_~_s the
d. Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or
may have to exercise self. help remedies such as set-off or repossession, to foreclose by power of sale or ....
sell any collateral or security, or to obtain any provisional or ancillary remedies from a ,-,,,..+ -.* ..... ?.ual? .al. ly. against o.
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of an)
wu. L u~ ~.umpe[en~ JUI3SOict/on before
such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute o~
controversy be determined by arbitration as provided above.
A'n'ORNEY FEES: If I prevail in any legal action or arbitration proceeding Which is commenced in connectio,~ with the
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dispute
relating to this Contract, you will pay my reasonable attorney fees, court costs and necessary disbursements incurred in
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with the
law. If you prevail in any such action or proceeding, or in the exercise of any self-help remedy as ~lescribed above, I will pay any
court costs and necessary disbursements to the fu I extent permitted by/aw, together with reasonable fees imposed on you by
an attorney who is not your sa arfed employee, provided that prior to commencement of legal action such fees may not exceed
$50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure
Default.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to dO so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
next tWelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (c)
to pay interest at the Contract rate On the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
advance on my behalf to correct my default; and (e) that if I am married, and residing in a
community property and separate
communfty property state, both my
property will be liable for all payments due under this Contract.
ASSIGNMENT: You may assign this Contract to any person or enl~ty. All rights granted to you under this Contract shall apply to
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting
my account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish
information about me, including insurance information, to all others who may lawfully receive such information. You may furnish
specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance
agent to enable such agent to quote premiums to ms and solicit my insurance business.
WAIVER: WaN, er of any default shall not constftute a waiver of any other default. No term of this Contract shall be changed
unless in writing and signed by one of your officers. This Contract is the entire agreement
between us and I agree that no oral or
implied representations have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Contract shall be prohibited by or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder ~f such provision or the
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. Jn no event shall
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, such
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 laws of the state
of Pennsylvania, provided that to the extent you have greater rights or remedies under Federal
shall not be de~med to deprive you of such greater rights and remedies under Federal law.
,~e~.~ss law, such choice of state law
b. Assignment end Applir..ation of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which in
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give prompt notice
to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, you may do so on my
behalf. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restoration or
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless such restoration or repair is not
economica~y practical or feasible, or your security interest would be lessened. If such restoration or repair is not practical or
feasible, or your security interest would be lessened, YOU shall apply the insurance proceeds to the remaining unpaid balance
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. I hereby
appoint you as my limited attorney, in.fact to sign my name to any check, draft, or other document necessary to obtain such
insurance payments.
LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this Contract. Only one late c~arge will
be made on any delinquent installment regardless of the period for which that installment remains in default. After this Contraof
matures, whether by acceleration or otherwise, I will not be charged a late charge.
EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fail to make any payment when due; (b) I fall to timely
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which the
Manufactured Home is located; (¢) I violate restrictive covenants, rules or regulations relating to the real property and/or facility
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you may
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you in
advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneflclai interest in the Manufactured
Home Without first obtaining your wr~en consent; (g) I allow the Manufactured Home to become pan of any real estate wfthout
first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally; (i) I fail to
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real propert~ on which it is
located, ~f this is my responsibility; and/or 0) 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 necessary to
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you
accelerate payment of the remaining unpaid balance J owe you or repossess or foreclose on any property which secures this
Contract. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) I have
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home is transferred from me, which will
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) aJI amounts
which would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late charges
that are due; and (d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to the
site of sale. I must also perform any other obligation I would have had to perform in the absence of default.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or bo~h of the fo/lowing at the end of the notice
period, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required to send me the Not]ce of Default and Right to Cure Default, you will have
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from
the sale, after expenses, is less than what I owe you, I will pay you the difference except as otherwise provided by law. All
remedies are cumulative and you may enforce them separately or together in any order you deem necessa~ to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
e. Dispute Resolution. Any controversy or claim between or amon ou
this Contract or any a,~reements o- ' -- - - g y .and me or our assignees arising out of or relating to
~ r ~ns~rumsnts relating to or delivered ~n connection wY~h this Contract, including any claim
based on or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims arising from a single transact]on, shall be determined by arbitration as described below. Any other controversy shall be
determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the controversy
is venued lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP
WHETHER THE CONTROVERSY OR CLAIM IS THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY
TRIAL BY A JUDGE. DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACC;:PTFJ:k The foregoing Con,'aC; is hereby assigned under the ~erms
of ~e Assignment on page 7.
GREENPOINT CREDIT, LLC
SELLER'S
ADDRESS: 400 SOUT}{POINTE BL 2ND FLR
SIGNATURE:
If you do not meet your Contract obligations, you
may lose your manufactu.red home.
Notice to Buyer: Do not sign this Contract in blank.
You are entitled to an exact copy of the Contraot
you sign. Keep it to protect your legal rights.
BUYER(S)~NATURE(S):
~ CA~q~¥ L. ~JMER ~ c~,,~-~,,~-,,~,~d~oS~k
__ ~uch T~ur4e¢ ~d Grc~np~n! C~edb
or ~0 an), sec;~r, or Truate~ ~,
DATE OF THIS CONTRACT: G.'eenPoim Cre~iz L/.C
~,A_.G..R.E_.E._T_O_ ALL THE TERMS ON ALL PAGES OF THIS RETAIL
~Kr~uv~/~E..DGE RECEIPT OF A COMPLETED COPY OF THIS CON:I:[R-A'~'~'''''~-''' ~'~'"'"~"' AND
(Si~lure of Buyer) ' [Slg re of Co uye0
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail ins~s;Iment contract ("Cantract') signed by one or more buyers ("Buyer"), SELLER represents
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
was lag;dh/competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide
sale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specified
and no part thereof wes loaned directly or indirectly by Seller to Buyer; (5) any ~rede-in, or other consideration, received as any
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed
on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or
contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set for~
herein; (7) this Contract and any guaranty submitted in connection herawith is in all respects legally enforceable against each
purported signatory thereof; (8) Seller hes the right to assign this Contract and thereby to convey good title to it; (9) in the event
of any ~aim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
other property or considera~on transferred pursuant to this retail installment cqntract, Seller agrees that it will indemnify and hold
Creditor harmless from all such claims and defenses as well es from all costs reasonably incurred by Creditor in connection
therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit
Reporting Act, Seller has notified Buyer that this Contract is to be submitted to Creditor.
For value received, Seller hereby essigns to Creditor all its rights, title and interest in this Contract and the property
whic~ is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same,. All the
terms of any existing wriffen agreements between Seller and Creditor governing the purchase of Contracts are made a pa~t
hereof by reference, it being understood that Creditor relies upon the above warranties and .Upon said agreements in purchasing
this Contract. .
CERTIFICATE OF TITLE FOR A VEHICLE
ODOHEI'ER. OISCLDSUR~_..EX~.Ts;-.'I~"~.FEOERAL~ LAN
~5 COUNTYVIE~ ESTATE ....
FAVOR OF:
;REENPOINT l;REDIT ill;
SECOND LIEN FAVOR OF.
031,0117
GREENPOINT CREDIT LLC
q[10 SOt,ITHPOINTE BLVO
STE
CANONSBURG PA
~0
O
if a oo-pumhaser othe~ than your spouse is listed and you want the I~Ue to
be listed as "Joint Tenants WI~ Right Or SumNoral~lp" (On death of one
o~n.e ~1~ ~ tO Su~/y~lg ot~..~r.) OHECK HEJ~ ~. Otflqp~, the 6da.
will be Issued as 'Tenants in Common' (On death of one owne~, intereat o!
deceased Owner goes to hiS,eh er heirs o~ estate),
STREET
I NUMBER
A~IGNMENT OF TITLE-
8U~RtBED AND SWORN
TO BEFORE
~JBS~RtSED AND SWORN
TO BEFORE ME.
---~:~ ...... ~C ....... .v.t~,~
SUBSCRI~EO AND SWORN
TO BEFORE ME'
SUB~CRIeED AND SWORN
TO B~FORE MF-
-~ ...... ~ ........ JEAn
....... ~n?...
IF APPLICATION FOR DEALER TITLE AN~
November 12, 2002 ~OTICE OF INTENTION TO ACCELERATEt CC:~:~CE LEGAL ACTION OR REPOSSE~..
RE:
Nanufactured Home Loan - Account #00000613033?100001
GREENPO[NT CREDIT, LLC
PoO. BOX ?23308
ATLANTA, GA 31139
888 472-7338
CASEY L. CROMER
COUNTRY VZEU EST
NENV[LLE PA 17241-8706
You are no~ in default on your Hanufactured Home Loan Contract. if you correct the default, you may
continue ~tth the contract aa though you did not default. Your default constats of failure to make timely
payments of one or more installments as agreed to in the terms of the contract.
Thirty-one ($1) daya after the date of this noticet ~a 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 beLo~:
Past Due MonthLy Payment(s) S 696.28
Late ChargeCs)
Total Due No~
Creditor,s rights=
$ 21.56
$ 717.84
Any pantie( payment of the amount due ~hich is received by ua ~iLl be applied to your
account. You ~iLL need to pay the full amount by the date indicated above in order to Cure your default.
you do not correct your default ~ithfn 31 days due from the postmarked date of this notice, ~e may
exercise our rights against you under the la~ 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 Ye elect to exercise our rights against you by repossession of the manufactured home you may, at any
time before ~e sell or otherwise dispose of the manufacturd home or enter into a contract for frs sale or
other dtaposition, (~hich shall be at [east 45 days after postmark of this notice), redeem the manufactured
home by paying ua 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~
[a~, plus court costs.
Zf you have any ~ueationa, Hrite to ua at the address above or caLL me at the phone number Listed above
betaeen the hours of 8:00 a.m. and 5=00 p.m., Monday through Friday.
If this default ~as caused by your failure to make a payment or payments, and you ~ant 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 perfod~ this payment must also be paid in
order to avoid any further default. Yhfa correa=ondence is an attempt to coLLect a debt and any
information obtained ~il[ be Used for that put
PA (144) 095'11-000006130~371.00001
pose~.
! EXHIBIT · GreenPoint Credil
November 12, 2002 NOT[CE OF I#TE#T[ON TO ACCELERATE COHHENCE LEGAL ACTION OR REPOSSESS
RE.'
~anufactured Home Loan - Account #000006130337100001
GREENPOiNT CREDIT, LLC
P.O. BOX 723308
ATLANTA, GA 31139
888 4?2-7'538
JUSTIN L. JUHPER
COUNTRY ViEW EST
NEWVZLLE PA 17~41-8706
You are now in default on your Manufactured Nome 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) $ 696.28
Late Charge(o) $ 21.56
Tote[ Due No~
$ 717.84
Creditor,s rights: Any partial payment of the amount due which is received by us wiLL be applied to your
account. You wi[[ need to pay the fuji 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 [aw 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[L or otherwise dispose of the manufacturd home or enter into a contract for its sale or
other disposition, (which shaLL be at [east 45 days after postmark of this notice), redeem the manufacture~
home by paying us aL[ amounts due plus expenses reasonably incurred by us fn detaching and transporting
the manufactured home to the site of the sale and our reasonable attorney, s fees, to the extent permitted b)
iai, plus court costs.
if you have any questions, write to us at the address above or ca[[ me at the phone number Listed above
between the hours of 8=00 a.m. and 5:00 p.m., Monday through Friday.
[f 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
[f 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 wf[[ be Used for that purpose.
PA ¢144)
095-11'0000061303371-00001
GreenPolnt Credil
VERIFICATION
I, Brenee Taylor, Legal Processor, and duly authorized representative of Greenpoint Credit
LLC, do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities, that the facts set forth in the foregoing Complaint in Replevin are true
and correct to the best of my information and belief.
Legal Processor
Greenpoim Credit LLC
IN THE COU
GREENPOIN~
Servicer for B~
RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CREDIT LLC, as Agent and CIVIL DI¥ISION
zk One, National Association,
Plaintiff, No. 03-202 CIVIL
CASEY L. COMER AND
JUMPER,
JUSTIN L.
Defendants.
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.
Finn #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-.0543
IN THE COl
GREENPOIN
Servicer for 13
CASEY L. CR
JUMPER,
TO THE PRO~I
Please d
Date:
JRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
1' CREDIT LLC, as Agent and CIVIL DIVISION
mk One, National Association,
Plaintiff,
No. 03-202 CIVIL
OMER AND JUST1N L.
Defendants.
PRAECIPE TO DISCONTINUE
HONOTARY:
iscontinue Plaintiff's Case in the above-captioned matter.
'- 0 ~ By.',~~ff~ff
EDWARD F. 'VI'OE'LKER, JR.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0,'543
Attorney for Plaintiff
g~ERIFF'g RETURN - REGULAR
/ 2003-00202 P
CASE NO:
coMMONWEALT~ OV pENNSYLVANIA:
COUNTY OF cUMBERLAND
VS
CROMER CASEY L ET AL
sheriff or DepUty sheriff of
CPL- TIMOTHY REITZ ' according to law,
who being duly sworn
cumberland county'pennsylvania' was served upon
says, the within COMPLAINT - REPLEVIN the
cROMER cASEY n at ~ HOURS, on the ~ day of
DEFENDANT '
at 45 CoUNTRY VIEW ESTATES by handing to
NEWVILLE, PA 17241
CASEY L CROMER COMPLAINT - REPLEVIN together with
a true and attested copy of
and at the same time directing He_~r attention to the contents thereof.
sheriff's Costs: 18.00
Docketing 8.28
service .00
Affidavit 10.00
surcharge .00
sworn and Subscribed to before
me this 2~ day of
~2~>-~ A.D.
So Answers:
01/ /200 TES /
VOELKER & AssoCIA _ ~ / ~-'
By:~
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00202 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
CROMER CASEY L ET AL
CPL.TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
JUMPER JUSTIN L the
DEFENDANT , at 1031:00 HOURS, on the 16th day of January
at 45 COUNTRY VIEW ESTATES
NEWVILLE, PA 17241
CASEY L CROMER
a true and attested copy of COMPLAINT - REPLEVIN
, 2003
by handing to
ADULT IN CHARGE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6 00
00
00
10 00
00
16 00
Sworn and Subscribed to before
me this 2~i day of
/ /Prothonotary
So Answers:
R. Thomas Kline
0i/17/2003
VOELKER & ASSOCIATES
By: ~/~b~/~
ep~ ~heriff /