HomeMy WebLinkAbout03-09491N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
V.
Penny L. Howland and Richard B. Howland,
Defendants.
CIVIL DIVISION
03 -
No.
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,
V.
Penny L. Howland and Richard B. Howland,
Defendants.
CIVIL DIVISION
No.
COMPLAINT IN REPI,EVIN
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. Penny L. Howland and Richard B. Howland, hereinafter referred to as
"Defendants," are individuals whose last known address is 101 Rustic Drive, Shippensburg, PA
17257.
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 November 17, 1999, 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 Country Side Village Homes, Inc., a 1999
Titan Homes, Inc. Riverbirch manufactured home (serial no. 19990653924AB) with certain
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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. It is believed and therefore averred that the Manufactured Home is located at the
residence of Defendants.
5. The Security Agreement was assigned for value to Plaintiff on or about November
17, 1999, as permitted by the Security Agreement.
6. Pursuant to the Security Agreement, Defendants promised to pay the financed
amount of $56,527.50.
7. As security for the loan, Defendants, by the Security Agreement, granted Plaintiff
a security interest in the Manufactured Home.
8. Plaintiff's affiliate 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.
$24,057.O0.
Plaintiff avers that the approximate retail value of the Manufactured Home is
10. Defendants have defaulted under the Security Agreement by failing to make
payments when due. As of February 20, 2003, the delinquent payment amount due and owing
from Defendants to Plaintiff is $2,253.85.
-2-
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Edward F. Voel~er, Jr.
Attorneys for Plaintiff
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
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PENNSYLVA. NIA
MH VARIABLE RATE CONTRACT
RETAtL tNSTALLMENT CONTRACT. SECURITY AGREEMENT. t ~LOANPLAN A01 111799
WAIVER OF TRIAL BY JURY AND AGREEMENT TOl~o, IOF~CE.U~~0--Sg~---
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE IOFeCE I~O^N SOURCE,~~
(_ .C..o.n_t_r,a_.ct) o=,~,~, ~, ..... ~,~ i cuteLy J ^ccr. NO'= (4:~'"7 Ce
I=u ~r I=,[~,: ~EE: ~ ~ C,,~.~ · B ?V~0W:..,~TD [., i FUNDING CODE: .
NAME:
BUYER'S NAME: COUNTY: CU[V/~ ERL~D
ADDRESS:212 E BURD ST IAI crrY:SH!PPENSBURG STATE:PA ZIP: 17257
P'H~)~IF~ (717) 539.-8730 S. SEC.~t($):)-00-52-8856 160-48-8924
PROPOSED LOCATION OF MANUFACTURED HOME:.J~,~ RUSTIC DR, SHIPPENSBURG, PA 17257
"!." "me," "myself" or "my" mean ail persons who sign this Contract as buyer or co-buyer, jointly and severally, and "you" or
"your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, if
approved, it will be assigned to that Creditor. On the date of this Contract, I buy from you on a credit sale basis the manufactured
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactured
home at the time of purchase (caJled "Manufactured Home").
CREDITOR:GREENPOINT CREDIT, LLC
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this
Contract (Item 5) with interest at the initial rate of 8.50 % 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 11/19/29 , I s~ll 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 dlsclosed above, the initial interest rate is the Annual Percentage Rate
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate may
change 11 months af~er..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 deposits in He London market based upon the quotation
of major banks as published in the "Money Rates' section of The Wall Street Journal on t~e first publication day of each month,
and known as the London Interbank Offered Rates (LIBOR), which is the index rate. This is called my 'interest 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 rate in effect a, 5 days before the interest
rate change date plus a margin of 4.25 % (rounded to the NEJ~REST 1/8 of one percentage point) unless
the interest rate caps limit the amount of change in the interest rate. If this index rate is no longer available, you may choose a
new index that [s based upon comparable information.
ANNUAL
PERCENTAGE
RATE
The cost of my credit as
a yearly rate (which ia
subject to =hangs):
10.75 %
FINANCE CHARGE
see Contrast terms Ior additional informatfon
about nonpayment, default, required rapat/ment
in full before Ihs scheduled date, and /
prepayment refunds and penal'des. [ My
Prepayment*' If I pay off early, I will not payment
have to pay a penally, but I will not be Iachedule
entitled to a refund of the Prepaid
Finance Chmge. if any. Iwill be:
l
The dollar amount the
credit will cost me (which
is subject to change}:
$ 135,650.22
Number of
PaymenL~
348
$
$
$
$
Amount Financed
The amount of ~edit
provided to me or on
my bahai:
$ 56, 527.50
see~
Amount of
.Payments
452 .25
536 .64
Total of Payments
Tho an'aunt ] will have paid
a~ter I have made ali
paymenta as m:heduled
(baaed on the current
Annual Percentage Rata
which is subject to change):
$ 192,3.77 .72
Fin. + Amount Fin.
Total Sale Pdce
The totsJ cost of my
purchase on credit
(wh~h is subject to
change) including my
down PaYment of
$ ' 7,000,00 :
$ :].99, :].77 .7~.
Tote[ Pa. +Down P nt
When Payments Are Due
Monthly, beginning DEc~'-.'V[BER
Monthly, beginning DECEMBER
Monthly, beginning
Monthly, beginning
Security: I gna you a security Interest In Ihs goods or property being purchased.
Late Charge: If a payment ia more than ! 5 days late. I will be charged
$ 5.00
Variable Rate: My Contact contains a variable rate feature. Disclosures about the variable rate feature have been
Assumption: Someone buying my Manufactured Home may. under certain circumstances, be allowed
original terms.
E~tlmatee: NI numerical disclosures except the late payment disclosures ere estimates.
19
19
1999
2OOO
5 % of the unpaid amount of such payment, not to exceed
earlier.
The above disclosures are based on terms in effect on the date this Contract is signed. If the
of Payments, Annual Percentage Rate, Finance Charge and Total of Payments will be more (
P~"" ORIGINAL COPY
Description of
Manufactured
Florae:
TRADE NAMF-' TITAN HON~S, INC.
YF-AR: 1999 NEW:
SERIAL
NUMBEP. S: 1999 0653
U~ED:
MOD [,'_' k i V~RBIRCH
LENGTH; 5
ADDITIONAL AIR COArDITNG
ACCESSORIES GUTTER/DOI~N~
AND FURNISHINGS: DECKS
111799
~2~ CHARS
"~, ]:MIZA'rJON ~F AMOUNT i~I-NANCEB .-
1. Cash Price (Including Sales
Tax of $ .00): ................... $ 63,500.00
2~ a. Cash Down Payment $ 7, 000.00
b. Trade-In (Year, Make, Model):
Length Width
Gross Value $ .00 Liens $ .00
Net Trade. In Value $
Tot~ Down Payment
(1) Pro~ Insur~
(2) Cr~ ~ Insuran~ .... $
b. To ~blic ~als:
(1) Ce~fi~ of T~e
~ To ~it~:
Fo~ ORIG FEES
d. To:
For:.
mo.'
For:
f. To:
For:.
(~r~ ~yo~
.00
7,000.00
56,500.00
.00
.00
22.50
5.00
2,262.!8
$ .00
$ .00
$
g. To: G-~'~.NPOi~f CREDIT, L
For. FLOOD FEE
, $
h. To:
For:
$
Total (a + b +c + d + e +f + g +h). .......
5. Unpaid Balance (3 plus 4) ................ $
6. Prepaid Finance Charge ........................ $
7. Amount Financed (5 minus 6) ...................
.00
27.00
2,316.68
58,8i6.68
2,289.18
56,527.50
* 1 understand and agree that a portion of certain of these amounts
may be retained by you or your affiliate.
PA.~0548.C~99
INSURANCE
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Contract. I have the fight to choose the person through
whom it is obtained. By marking the appropriate line
below, I elect to buy the coverage indicated from you
for the term and premium shown, and I want it financed
on this Contract.
Type of Insurance Term Premium
Physic. at Damage Coverage 0MOS $ · 0 0
BROAD FORM $
$
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECT]ON 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) are:
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 policy or
certificate. My signature indicates my election to obtain
Credit Life Insurance coverage for the term and
premium shown:
Type of Coverage Term Premium
Single $
Joint
(signature)
Date
Date
(signature)
(If joint coverage is desired, both proposed [nsursds must sign.)
ORIGINAL COPY PAGEZ~6
· ADDITIONAL TERMS AND CONDITIONS
vA.IABiE RATE:
~_ Monthly Payment Changea. 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 unpaJd 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 Intem~t 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. Thts notice will contain information about the index rate, interest
rate, payment amount and remaining unpaid balance.
Conversion to Fixed Rate. I may choose to convert this Contract to a f'[xed rate Contract at any time beginning
~.~.RO years from the date of this Contract and ending 3 0 years from the date of this Contract. In
order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of 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 will take effect on the "Conversion Date," which shall be my next payment due date
that is at las. st 3 0 days attar your time[y receipt of a revision agreement signed by ali Borrowers together with a
nonrefundable conversion fee of $ 2 0 0.0 0 . The new fixad rate and the Conversion Date are subject to
change if my revision agreement and fees ere 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
ali goods that ~e or may hereafter by operatio.~ o~ law bec~me aooessiolls to {t, (2) ali appiiancas, me, chinery, equipment and
other goods fumished 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 I of this Contract, (3) any refunds of unearned insurance premtums
~nance~ 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 Fumishlngs. This security interest secures payment and
performance of my obligations under this Contract, including any addltJonal debt arising 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
s_~:,__,.~.,, interest in any personal properh, and fixtures. J agree that you may file this security instrument or a reproduction thereof
in the real estate records or other ~propr~ate inde× as a financing statement for any of the items specified above. Any
reproduction of this security instrumen~ or any' ether securi~' ~reement or financing statement, and any extensions, renewals, or
amendments thereof, shall be sufficient ~o perfuct a secudty interest with respect to such items.
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
N~T BE ENTITLED TO A REFUND OF ~,-} IE PR ~AID FiNaNCE CHARGE, IF ANY. IF i MAKE A PARTIAL PREPAYMENT,
I HI=HI~ WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
vvn~, ,,'~G TO THOSE CHANGES.
· O~,-H I Y iNSURANCE:
Minimum Coverage. I am require:~ ~ ~ro,i~ p!"/sical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against ic~.s by fi~, i~az~rds i~ci~ded within the term "extended coverage" and any other hazards,
including flood, for which you req ~ir~ in ~.r.~.nce, i,: ~n ~mount equal to the lesser of the actual cash value of the
Manufactured Home or the rem=in ng unp~!d balance I owe from time to time on this Contract (the "Minimum Coverage").
The insurance policy will contai~ ~ loss p~yable clau~e protectJng you (as your interest may appeal'), and provide for a
10-day notice of cancellation to you. L'r.l~ss ¥~u con~,nt in writing, i shall not add any additional loss payee to the insurance
policy. I have the right to choosu :ho persc~ thrc~§h .vhom the property insurance policy is obtained. If my insurance
coverage expires or is cancelled prior to payment in full of this Contract, I must obtain no less than the Minimum coverage at
my expense for the remaining term of this Con:.-act Should I fall to maintain the Minimum Coverage, you may, but are not
obligated to, obtain insurance cove ~go. I agree that ar~,/ insurance you purchase may be for the protection of only your
interest in the Manufactured Hom~,
~ ~ .... ~.rot~c: ~ ,e in the event of a loss, and mey be for such reasonable period as
you determine, if you decide, in ~ :'~r sc,e al .cr.~ ~ ~, to ~. ~,~ insurance, you will notify me of that fact and that the cost, plus
interest at the Contract rate, will be r~d~o~ ~o :~y <~abt. J wili repay such amount dudng the term of the policy in the manner
requested by you. I understand t:, ~[ t~ .,~, :~,~ur~.: ~a premiur~s may be higher if you must purchase the Insurance than might be
the case if I had purchased th~ ir~ .:. ~e, ~,-,u ~nat you r a~/purchase the insurance from an affiliated company which may
receive a profit for this service.
...... ~AL COPY
Assignment and Application of Insurance Proceeds. ] h~e ~, ~:;,~ .:::~ ~;~i~ ~ you the proceeds of any and all
insurance coverage on the Manufactured Home, including an,/~-- '-,~:1 :: .'~,~a~, suc' ~ earthquake insurance, which in
type or amount is beyond the Minimum Coverage, In the avert ~ ~5 :~ L;,,'; ;vla? ~;actL,- d ~:~rne, I shall give prompt notice
to you and the insurance carrier. It I fail to promptly notify or r~;~,: ~; ~ot of ~c,;~. to '~-e i~.,., ~ .*~ carrier, you may do so on my
behaff. All physical damage/nsurance pro,eerie, including pr~~ ; ' ,;'o~: ~:; :hal ~overa:~, shall be applied to restoration or
repair of the Manufactured Home, unless you and ! agree ot;~,~rwi~o in '~..,ng cr u.~..is such restoration or repair is not
economically practical or feasible, or your security interest w,c ~]~ ' ~ [es~ ~.,~ ~,. I~ s~?h r. '-tor~tion or repair is not practical or
feasible, or your security interest would be lessened, you sh~'! ~:. ibrd. i ;~:~-.~c~ .... ; ~ +~c the remaining unpaid balance
of this Contract, whether or not then due, and give me any x~;~. -~;' '." ~:/ ~';;?r to pay you directly. I hereby
appoint you as my limited attorney-in-fact to sign my name to ~.,., ~ h. , c- ~: :; ~ :~cument necessary to obtain such
insurance payments.
.ATE CHARGE: I agree to pay a late charge for late payment as ~-~ ~-~ ~: ~'h on tic. c, ,'ro~? ~f t~'; Ccntract Only one late charge will
3e made on any delinquent installment regardless of the period for ~*.~hich that i~tal:ment r? ~ai~',s in default. After this Contract
Ttatures, whether by acceleration or otherwise, i will not be charge
=--VENTS OF DEFAULT.' I will be in default under this Contract if: (~) I fail ~o r~,~ko a~y ~yment when due; (b) I fail to timely
~ake rental payments, or to payother charges and asseesmen:;. :~lali~ to [i~ ~1 ; ~?rty and/or facility enwhich the
Manufactured Home is located; (o) I violate restrictive covenants, rul.?.~ or r,~qul;~;ior.~: ,~ei~i~g ~o the real property and/or facility
#here the Manufactured Home is located; (d) I fail to keep the Mam~fact;red Hom~ in ?o~ repair and condition, as you may
'easonab~y determine; (e) ! remove the Manufactured Home from the address sho"~,n c~ ~his Contract unless I notify you in
· dvance and receive your wrMen consent;, (f) ] sell or attempt to s,-': cr to :~: ~ufer ;ny b~ ~- >ficial interest in the Manufactured
Home without first obtaining your written consent; (g) I allow the ~.'a~uf'~c[ured ~orne to b~.cqme pa~ of any real estate without
~irst obtaining your written consent; (h) I encumber or abandon the Manufactured Home o- ~,se it for hire or illegally; (i) I fail to
promptly pay any taxes and other liens and encumbrances on the
located, if this is my responsibility;, and/or (j') I fail to do anything e~s.: ',,hich I ha,?~ prom.[c*d :o do under this Contract,
~IOTICE OF DEFAULT: If any of the above specified Events of Cefau;t h~ve cccerred, '~'~u may do whatever is necessary to
=orrect my default. You will, except as set forth below, first give me a No~;ce of Def~e:t cnJ Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contract. The Notice will tell me what my default is and how I c~ cure it. Except ~s req'Jired by applicable law, you are not
nequired to send me this Notice when (1) you have already sent a Notice t~,,ice within the pr ~ceding 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 r~nuf~ctured Homo 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 ~ default, I must pay:. (a) all amounts
#hich would have been due in the absence of default and acceleraticq; (b) the attorney :ess set forth below; (c) any late charges
~hat are due; and (cD 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 ! would have had to perform in the absence of default.
REMEDIES UPON DEFAULT: If ! do not cure the default, you may do either or both of the following at the end of the notice
period, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued/nterest or (b) you can repossess the Manufactured Home pursuant to the security interest
give you under this ContracL 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. 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 excep~ ~s otherwise provided by law. All
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or cletim between or among you and me or our assignees arising out of or relating to
this Contract or any agraernente or instruments relating to or delivered in connection with this Contract, including any claim
based on or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims arising from a single transaction, shall be determined by arbitration as described below. Any other controversy shall be
determined by judicial reference of the controversy to a referee appointed by the court or, 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 GIVTNG UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY
WI'IEll~ER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
PA35'0;~6-~99
~r
ORIG-~NAL COPY
:. ',;udiclal Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (a}
th~.t is not' submitted to arl~itrat[on as provided in subparagraph (bi shall be determined by reference to a referee appointed
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and ! shall designate to the
court a referee selected under the auspices of the AAA. in the same manner as arbitrators are selected in AAA-sponsored
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy is venued lacks the
power to appoint a referee, the controversy instead shall be decided by trial by a judge without a jury,
d. Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or l
may have to exercise self-help remedies such as set-off or repossession, to foreclose by power of sale or judicially against or
sell any collateral or security, or to obtain any provisional or ancillmy remedies from a court of competent jurisdiction before,
after or during the pendency of any arbitration under subparagraph (bi above. Neither the obtaining nor the exercise of any
such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute or
controversy be determined by arbitration as provided above.
A'I'I'ORNEY FEES: if I prevail in any legal ac'don or arbitration proceeding which is commenced in connection 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 described above, I will pay any
court costs and necassa~ disbursements to the furl extent permitted by law, together with reasonable fees imposed on you by
an attorney who is not your salaried 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 ta~as, assessments and Insurance premiums that wilt become due within the
next twelve-month period; (bi 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 actuaily
advance on my behalf to correct my default; and (e) that if I am married, and residing in a community property state, both my
community property and separate property will be liable for all payments due under this Contract.
ASSIGNMENT: You may assign this Conic'act to any person or entity. 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
[nformation 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 me and solicit my insurance business.
WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of thls 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.
VAUDITY: 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 inval[dating the remainder of such provision or the
remaining provisions of this Contract. This Cor.~':'act shall be of no effect until and unless signed by me a~d you. In no event shall
any charge under this Contract exceed [he highest amount allowed by applicable law. If any excess charge [s 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 greeter rights or remadias under Federal law, such choice of state law
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
ORIGINAL COPY
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS S' ~BJECT TO AL[. CLAIMS AND DEFENSES WHICH
'THE DEBTOR COULD ASSERT AGAINST THE SELLER 'o;- GOOP.% OR $' '."CES C~*FAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY H 5i~EU,~,.£~l L~Y T,,L L E[JTO;{ -~HALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CO,'~T;~ACT, INCLUDING T'~E PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TR AL BY A JUDGE. AND NOT BY JURY TRIAL, AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGRE~:MENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACCEPTED: The foregoing Contra~ is herebyassigned under~ terms
of Re Assignment on page 7.
SELLER:
COUNTRY SIDE VILLAGE HOMES,
SE[ [r:R'S
ADDRESS: 31 WALNUT_ BOTTOM ROAD
S H~-~N $~=~, PA 172570000
SELLER'S ~
SIGNATURE:
SELLER~
TITLE:
If you do no~ meet y ).~r Contract obligations, you
may lose yot~r manufactured home.
Notice to Buyer: Do not sign this Contract in blank.
You are entitled to an exact copy of the Contract
you sign. Keep it to protect your legal rights.
¢tUYF'R,~S~ ?'l~ NATt. JRE(S):
DATE OF Ti ~IS CC, NTRACT:
! AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE I ("Creditor")
With respect to this retail installment contract ("Contract") signed by one or mere buyers ("Buyer"), SELLER represents
and warrants that (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
was legally 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 was loaned directly or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as any
part of the down payment is accurately described on page 2 and has been val~ed 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 forth
herein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the event
of any claim or defense asserted i~ any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
other property or consideraMon transferred pursuant to this retail installment contract, Seller agrees that it will indemnify and hold
Creditor harmless from all such claims and defenses as well as 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 assigns to Creditor all its rights, title and interest in this Contract and the property
which is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All the
terms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a part
hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing
thi¢ Contract.
;~.%~..s.o;~ ORIGINAL COPY .^e~o~ s
le~t~T LIEN ~:AVOq CF: :
GREENPDXN'F CR~_O][T CDRP
LIEN
031007
GREENI'OZNT CREDIT'
400 SI~TH~ 0 T NTE
STE ~]lO
CA~N~iBUR G PA
LIEN FAVOR OF
DAI'~
-- 1,5'I' LI'EI~ ~IATE: :
STREET
~rATE Z~
~ IF NO UEN, CH~K []
STATE ZrP
iA.
CI'~PE OR PRINT) Cen'ificate~o...,.,~ .._....,.~.°f Title must be submitted within 20 days, unless the purchaser is a registered dealer holdtng the vehicle tot resale
LAST
ASSIGNMENT OF TITLE .........
.~ ~ ~ ~ · free
lB.
i CiTY
CO .~LLER MUST
SUBSCRIBED ANO 8WORN
SUBSCRIBED ANO SWOR~
TO BEFORE ME:
CHECK HERE Ir xp,: !C~T~Cr~ ~ .? r'~,~, ~r~ TI~I_E A:I"~ :;C ~" ~TE SECTION D. 'FITMNG FEES $,
January 15, 2003
RE:
NOTXCE OF INTENTION TO ACCELERATE CONNEMCE LEGAL ACTION OR REPOSSE~
GREENP~T CREDIT, LLC
P.O. BOX ?23308
ATLANTA, GA 31139
888 472-7338 -'
Nanufac~red Home Loan - Account #000006130317600001 -
PENNY L. HOWLAND
101 RUSTIC C~IVE
SNIPPENSBURG PA 17257
You are now in defauLt on your Manufactured Home Loan Contract. If you correct the def~¥'[t, 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 CC1) days after the date of this notice, we may have the right to commence Le;aL action and
repossess ycJr manufactured home.
Cure of default: Your may cure your default by making payment in the amount indicated b-~ow:
Past Due Honth[y Payment(s) $ 1,897.86 -
Late Char~eCs) $ 20.00
Total Due Now $ 1,917.86
Creditor,s r ~h:s: Any partial payment of the amount due which is received by ua wi[[ ~ applied to your
account. Ycu ~ft[ need to pay the futt amount by the date indicated above in order to cur--e your default.
you do not c~rrect your default wf:hfn 31 days due from the postmarked date of this notice, we may
exercise our rights against you under the [a~ by accelerating your debt and either repose-Easing your
manufactured ho~e or, if necessary, bringing a court action to obtain possession of your--~-anufactured
home. _
[f we elect to exercise our rights against you by repossession of the manufactured home ~ou may, at any
time before ue sell or otherwise dispose of the manufacturd home or enter into a contrac.!Lfor its sale or
other disposition, Cwhfch shall be at least 45 days after postmark of this notice), redeem the manufactured
home by payi~ ? us all ~mcunts due plus expenses reasonably incurred by us in detaching ar~ transporting
the manufact.med home to the cft~ of the sale and our reasonable attorney,s fees, to the extent permitted by
[aw~ plus cc~,-~ costa.
Zf you have ,:~y question~, w;fte to us at the address above or call me at the phone number Listed above
between the h~urs of 8:00 a.m. and 5:00 p.m., Monday through Friday.
if this default uss caused by your failure to make a payment or payments, and you want to-pay by mai[,
please send a cL~c~ or money order. Do net send cash. _
CC= File
[f any addi:f n;: ragu[ar pa).;,ent becomes due during this cure period, this payment must also be paid in ._
order to avo;~, any further dafaut:. Th~s correspondence is an attempt to collect a debt and any
information o~tained will be used for that purpose.
PA (144) 095'1~'3000C6~3C3176-C3301
GreenPoint Credit
January 15, 2003 NOTICE OF iNTENTION TO ACCELERATE CON#ENCE LE L ACTION OR EEPOS~
RE:
Nanuf_._.__~ac_~tured Home LoQD - Account #00000513031?600001
GREENPEI-RT CREBZT, LLC
P.O. BOX ?23308
ATLANTA, GA 31139
888 472-T538
RICHARD B. HOWLAND
101 RUSTIC DRIVE
SNIPPENSBURG PA 17257
YOU are now in default on your Nanufactured Home Loan Contract. If you correct the def~-~Lt, 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 ~nstaltments as agreed to fn the terms of the contract.
Thirty-one (71) days after the date of this notice, we may have the right to commence [~ga[ action and
repossess your manufactured home. _
Cure of default:
Past Due Monthly PaymentCs)
Late ChargeCs)
Total Due Now
Your may cure your default by making payment fn the amount indicated b--eton:
S 1,897.86
$ 20.00 =
$ 1,917.86 --
Creditor,s r'3hts: Any partial payment of the amount due which is received by us wilt ~'apptied to your
account. Ycu wit[ need to pay the full amount by the date indicated above in order to cure your default.
you do not correct your default uYthin ~1 days due from the postmarked date of this not?ce, ~e may
exercise our rights against you under the [aH by accelerating your debt and either repossessing your
manufactured home or, if necessary, bringing a court action to obtain possession of you~manufactured
home.
If we elect to exercise our rights against you by repossessto~ of the manufactured home you may, at any
time before ~e cell or otherwise dispose of the manufacturd home or enter into a contra~ for its sale or
other disposition, (which shall be at [east 45 days after postmark of this notice), red~a the manufactured
home by payf ~ :~s ali amounts due plus expenses reasonably incurred by us in detaching and transporting
the manufact, red home to the site of the sa:e and our reasonable attorney,s fees, to the extent permitted by
LaH~ plus cc.~rt costs.
if you have c~y questions, afire to us at the address above or ca[[ me at the phone number Listed above
betueen the hours of 8:00 a.m. and 5:00 p.m., Honday through Friday.
Jf this default ~as caused by your faf[ute to make a payment or payments, and you ~ant t& pay by mai[,
please send ~ ci~ck or money order. Do n~t send cash.
CC: File
If any addf:~r~nl regular paylaent become~ due during this cure period, this payment must~a[so be paid in _
order to avoi~ any further default. This correspondence is an attempt to collect a debt'and any
information obtained wit[ be used for that purpose.
PA (144)
efeenPoinf Ceed
VERIFCATION
I, Natalie Marc, 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 unswom
falsification to authorities, that the facts set forth in the foregoing Complaint in Replevin are true and
correct tot he best of my information and belief.
Natalie Marc
Legal Processor
Greenpoint Credit, LLC
~ SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HOWLAND PENNY L 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
HOWLA/~D RICHARD B the
DEFENDANT
· at 1552:00 HOURS, on the 10th day of March , 2003
at 101 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
by handing to
JENNIFER HOWLAND, DAUGHTER
a true and attested coPy of COMPLAINT - REPLEVIN
together with
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 day of
I1 .... ~ ~C~ AD
/ ~r°t~h°~o~ ary ~
So Answers:
R. Thomas Kline
03/11/2003
VOELKER & ASSOCIATES
By:
Depq~y Sheriff
SHERIFF'S RETURN
CASE NO: 2003-00949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HOWLAND PENNY L ET AL
REGULAR
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
HOWLAND PENNY L the
DEFENDANT
, at 1552:00 HOURS, on the 10th day of March , 2003
at 101 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
by handing to
JENNIFER HOWLAND, DAUGHTER
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
13 11
00
10 00
00
41 11
Sworn and Subscribed to before
me this /~< day of
~/~J~/t~ ~00~ A.D.
So Answers:
R. Thomas Kline
03/11/2003
VOELKER & ASSOCIATES
By:
Deputy ~h&riff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit, LLC,
Plaintiff,
CIVIL DIVISION
No. 03-949 Civil Term
Penny L. Howland and Richard B. Howland,
Defendants.
TYPE OF PLEADING:
PRAECIPE TO DISCONTINUE
FILED ON iBEHALF 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-¢543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit, LLC,
Plaintiff,
CIVIL DIVISION
No. 03-949 Civil Term
Penny L. Howland and Richard B. Howland,
Defendants.
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please discontinue Plaintiff's Case in the above-captioned matter without prejudice.
Date:
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
Attorney for Plaintiff