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HomeMy WebLinkAbout03-0951IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaimiff, Thomas ives, Defendant. CIVIL DIVISION 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, CIVIL DIVISION No. Thomas Ives, Defendant. 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 (814) 249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, V. Thomas Ives, CIVIL DIVISION No. Defendant. 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. Thomas Ives, hereinafter referred to as "Defendant," is an individual whose last known address is 16 Spring 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 October 18, 1999, Defendant entered into a "Note, Disclosure and Security Agreement to Arbitrate," hereinafter referred to as the "Security Agreement," whereby Defendant financed the purchase of a 1993 Pinegrove manufactured home (serial no. GP38613AB) 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 -1- made a part hereof. 4. It is believed and therefore averred that the Manufactured Home is located at the residence of Defendant. 5. Pursuant to the Security Agreement, Defendant promised to pay the financed amount of $30,227.00. 6. As security for the loan, Defendant, by the Security Agreement, granted Plaintiff a security interest in the Manufactured Home. 7. 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. $20,46O.0O. Plaintiff avers that the approximate retail value of the Manufactured Home is 9. Defendant has defaulted under the Security Agreement by failing to make payments when due. As of January 24, 2003, the delinquent payment amount due and owing from Defendant to Plaintiff is $1,908.54. 10. As of January 24, 2003, the amount owed by Defendant to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the Manufactured Home, is $34,025.51. The interest on said amount is accruing at the daily rate orS11.55. 11. Defendant has failed to surrender the Manufactured Home upon Plaintiff's -2- demand. 12. On December 11, 2002, Plaintiff provided Defendant with a Notice of Intention to Accelerate, Commence Legal Action or Repossess, a true and correct copy of the same is marked as Exhibit "C" and is attached hereto and made a part hereof. 13. Plaintiff is now entitled to immediate possession of the Manufactured Home. WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the value of such in the sum of $20,460.00, with costs, attorneys fees, interest from January 24, 2003, and damages for the unjust retention of the Manufactured Home. 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 -3- PENN. SYLVANIA NO E, DISCLOSURE AND SECURITY AGREEMENT, AND AGREEMENT TO ARBITRATE (Agreement) BORROWER(S): NAME: THOMAS IVES NAME: NAME: BO RROWEi~Si_2 NAME: ADDRESS: MOUNT ROCK ROAD STATE: PA nPCODE: 17257 PHONE: 800- 6965 s. SEC. #(s): LOCATION OF MANUFACTURED HOME: 16 SPRING DRIVE, SHIPPENSBURG, MH FIXED RATE DIRECT LOA! LOAN PLAN: F01 101899- OFFICE NUMBER: 79 07 5 LOAN SOURCE NO.:_ ACCT. NO.: TRACS NO,: FUNDING CODE: COUNTY: CUMBERLAND CiTY: SHIPPENSBURG 162-46 -2297 PA 17257 ("Real Property"1 "1," "me," "myself" or "us" means all persons who sign this Agreement as borrower or co-borrower, jointly and severally, and "you" or "your" means the Lender indicated below. On the date of this Agreement, I borrow from you the Unpaid Balance shown below. The manufactured home described below, together with furnishings, equipment, appliances and accessories affixed to the manufactured home (called "Manufactured Home") secures this loan as set forth in the Security Agreement contained herein. LENDER: GREENPOINT CREDIT, LLC PROMISE TO PAY: I promise to pay you at such address as you may direct the principal sum of: THIRTY ONE THOUSAND ONE HUNDRED TWENTY SEVEN AND 00/100 DOLLARS (US $ 31,127.00 ), (the "Unpaid Balance") or so much as may be outstanding, with interest at the rate of 13.75 % per year until the debt is paid in full. The Unpaid Balance shall include and I will pay interest on any prepaid finance charges you agreed to advance me. I will pay this amount in monthly installments as shown herein in the Payment Schedule until the Unpaid Balance plus all accrued interest is fully paid. Additionally, I promise to pay any other charges that I may owe under the Agreement. If on 10/18/19 I still owe any amount under this Agreement, I will pay such amount in full on that date, which is called the "Maturity Date." V~hen you calculate interest, every year shall have 360 days and every month shall have 30 days and each monthly payment will be applied as of the scheduled due date. ANNUAL PERCENTAGE RATE The cost of my credit as a yearN ram: 14.25 % PAYMENT SCHEDULE: Prepayment: Seeurlty: Late Charge: A~urnptlon: RNANC'-'~E CHARGE I Amount Financed ] Total of Payments Thedollaramountthecreditwill / The amountof credit provided | The amount l will have paid after l costme: / to me or on my behalf: / havemadeallpaymentsasscheduled:l $ 61,318.60 . $ .0 0 j Monthly, beginning $ :-~ / Monthly, beginning If I payoff early, I will not have to paya penalty. I give you a security interest in: * the Manufactured Home and household goods. II the Unpaid Balance is greater than 12.5,000.00 and il the payment is more than 15 d~ys late, I will be charged a late charge of 5% of the unpaid amounlol such payment not to exceed $5.00. Someone buying my Manufactured Home may not assume the remainder of this Agreement on the original terms without your prior written consent. Security Interest Charges: Security Interest Fees $ 0. 0 0 See the terms of this Agreernentfor additional information about nonpayment, default, required re refunds and penalIJes. repayment If you do not meet your obligations under this Agreement, you may lose your Manufactured Home and other household goods. . .......... ORIGINAL COPY PA~F I I~F FJ D~c-cHption of TRADE NAME: PINEGROVE Menufactured MODEL: PINEGROVE Home: ADDITIONAL ACCESSORIES AND FURNISHINGS: YEAR: 1993 SERIAL NUMBERS: GP3 8613AB NEW: USED: X LENGTH:_.. 6 0 ft. WIDTH: 28 1. a. Amount of, credit provided to me or on my behalf: $ 30,199.50 b. Amount credited to my account: $ 2. Amounts paid to others on my behalf:* a. To InsuranceCompanles: (1) Property Insurance $ (2) For: d. To: For: e. To: For: f. To: For: g. To: For: h. To: For: i. To: FoE j. To: For. k. TO: For. (2.) Credit Life Insurance $ To Public Officials: (1) Certificate of Title $ 22.50 FILING FEE $ 5.00 $ ROYAL FINANCE OF PENNYSLVANIA BROKER FEE $ 900.00 3. Amounts paid to Lender: .................. $ For:, 4. Unpaid Balance (la and lb, plus2and3).~ $ 31,127.00 5. Prepaid Finance Charge ......... $ 900.00 6. Amount Financed (4 minus 5) .......... $ 30,227.00 * I understand and agree that a portion of certain of these amounts may be retained by you, your affiliate, or the Seller of the goods or services. ORIGINAL PROPERTY INSURANCE: Property Insurance on the Manufactured Home is required for the term of this Agreement. I have the right to choose the person through whom it is obtained. By marking my initials next to a "Type of Insurance" listed below, I elect to buy the insurance coverage indicated for the term and premium shown, and I want you to finance it on this Agreement. Type of Insurance Term Premium __ Phyaical Damage Coverage $ 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 AGREEMENT OR A FACTOR IN ITS APPROVAL. IT WILL NOT BE PROVIDED UNLESS I SIGN BELOW AND AGREE TO PAY THE ADDITIONAL COST. If 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 the entire Unpaid Balance under this Agreement. 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 (signature) Date joint coverage is desired, both proposed insureds must sign.) 101899 ADDI~ONAL TERMS AND CONDITIONS SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and i~ all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment ant other goods furnished and affixed to the Manufactured Home including but not limited to the items listed as "Additiona Accessories and Furnishings" on page I of this Agreement, (3) any refunds of unearned insurance premiums financed in thi,, Agreement, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactured Home an( accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and performance of al my obligations under this Agreement, including any additional debt arising because of my failure to perform my obligations undel this Agreement and includes any contractual extensions, renewals or modifications. Notwithstanding any other provision of thi., Agreement you are not granted and will not have a non-purchase money secudty interest in household goods to the extent sucl~ a security interest would be prohibited by applicable law. To the extent permitted by applicable law, my execution of this Agreement constitutes a waiver of my personal property and homestead exemption dghts to the Manufactured Home herein described. I also authorize you, at my expense, to sign and file, without my signature, such financing and continuation statements, amendments, and supplements thereto, and any other documents which you may from time to time deem necessary to perfect, preserve and protect your security interest in the Manufactured Home. I agree that you may file this security instrument or a reproduction thereof in the real estate records or other appropriate index as a financing statement for any of the items 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. I also agree to pay any filing or recording fees necessary for you to get and keep in force your security interest, and any release fees after this Agreement is paid in full. PREPAYMENT: I MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. 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. Any prepaid finance charges are earned when paid. If I prepay this loan in full or default and you demand payment of the entire balance due, no portion of any prepaid finance charge will be refunded. PROPERTY INSURANCE: a. Minimum Coverage. I am required to provide uninterrupted physical damage insurance coverage protecting the Manufactured Home for the term of this Agreement 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 (unless state law requires otherwise) to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance I owe from time to time under this Agreement (the "Minimum CoVerage"). The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a I O-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 dght to choose 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 at my expense for the remaining term of this Agreement. Should I fail to maintain the Minimum Coverage, you may, but are not obligated to, obtain 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 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 rate provided for in this Agreement, will be added to my debt. I will repay such amount in the manner as required by applicable law, or if none is required in the manner requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than might be the case if I had purchased the insurance, and to the extent permitted by applicable law, that you may purchase the insurance from an affiliated company which may receive a profit for this service. Assignment end Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and all 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 carder, you may do so on my behaff. 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 in your sole discretion 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 security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance of this Agreement, 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. c. ~ancellation of Required Insurance Upon Prepayment in Full. If you have purchased any insurance on my behalf, at my expense, and if I prepay in full the Unpaid Balance due under this Agreement, (1) you will provide me with any notice required by applicable law, (2) I have the right to cancel the insurance and receive a refund or credit of uneamed premiums or to continue the insurance, but unless I specifically request cancellation, the insurance will remain in effect until the scheduled expiration date. LATE CHARGE: If 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 if you have not received the full amount of any monthly payment as set forth on page 1 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. After this Agreement matures, whether by acceleration or otherwise, I will not be charged a late charge. RETURNED CHECK CHARGES: I 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 account exists. EVENTS OF DEFAULT: I will be in default under this Agreement if: (a) I fail to make any payment when due; (b) I break any other promise I made to you in this Agreement, (c) I fail to make timely rental payments, or to pay other charges and assessments, relating to the Real Property and/or facility on which the Manufactured Home is located; (d) I violate restrictive covenants, rules or regulations relating to the Real Property and/or facility where the Manufactured Home is located; (e) I fail to keep the Manufactured Home in good repair and condition, as you may reasonably determine; (f) I remove the Manufactured Home from the address shown on this Agreement unless I notify you in advance and receive your written consent; (g) I sell or attempt to sell the Manufactured Home or to transfer any beneficial interest therein without first obtaining your written consent; (h) I allow the Manufactured Home to become part of any real estate without first obtaining your written consent; (i) I encumber or abandon the Manufactured Home or use it for hire or illegally; or (j) If any statement of fact, representation or warranty I make to you in my loan application or in this Agreement is false, misleading, inaccurate or incomplete. 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 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 required by applicable 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 surrendered the Manufactured Home, or (3) other extreme circumstances exist which could 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 applicable law: (a) you can require me to immediately pay you the entire remaining Unpaid Balance due under this Agreement plus accrued interest; (b) you may require that I reimburse you in such manner as required by applicable law, or if none is required in the manner requested by you with interest at the rate provided for in this Agreement, the amount of funds you actually advance on my behalf to correct my default; (c) you may, but are not required to, pay taxes, insurance premiums, fees, expenses, charges, rents or assessments respecting the Manufactured Home, or satisfy liens, on or to make repairs to the Manufactured Home if I have not done so as required in this Agreement; (d) to the extent permitted 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 of unearned premiums or charges, and apply those amounts against the Unpaid Balance, or (e) you can 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 dghts immediately upon my default. If you repossess the Manufactured Home, 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 least fifteen (15) days before any repossession sale. The notice shall be sent to the address shown as Borrower's Address section on the first page of this Agreement or to any other address which I later give you in writing. Before the sale I still may get back 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 unpaid delinquency or deferred charges, (3) pay you your costs of suit, including but not limited to attorneys' fees to which you have a right under Agreement, (4) cure any other defaults which may have occurred, and (5) if my default at the time of repossession exceeded fifteen (15) days, the expenses of retaking, 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 costs of retaking, repairing and stodng the Manufactured Home, then (3) to your reasonable and actual court costs and any attorneys' fees to which you have a dght under the terms of this Agreement, then (4) to late charges, and then (5) to the balance still due. If there is any surplus money from the repossession sale, it will be refunded to me. If there is still a balance due you, I must pay it to you, except 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 property to me upon my request. You may hold the property for me at my risk without liability on your part. If you take possession of any such property, you will notify me in writing. If I do not then promptly claim and take possession of this property, you have my permission to dispose of it in a reasonable manner. I will pay any reasonable charges which you may incur for storing or shipping such property. All remedies are cumulative and you may enforce them separately ~~n ~ler you deem necessary to protect your security. ARBITRATION OF DISPUTES: a. Arbitration. You and I agree to arbitrate any and all (1) disputes, torts, counterclaims, or any other matter in questiol between you and I arising out of, in connection with, or in any way relating to this Agreement ("Claims") (including whether ~ Claim must be arbitrated) and (2) any Claims arising out of, in connection with, or relating to a transaction involving you and and one or more third parties who have not signod this Agreement which a third party elects to arbitrate ("Third Part!, Claims"). However, neither you or I can require the other to arbitrate (1) any proceeding in which a lien holder may acquire o convey title to or possession of any property which is security under this Agreement, or (2) an application by or on behaff o me for relief under the federal bankruptcy laws or any other similar laws of general application for the relief of debtors Enforcement of this exception to arbitration at any time will not waive the right to arbitrate any other Claim or Third Part) Claim, including those asserted as a counterclaim in a lawsuit under this exception to arbitration. b. Rules. The arbitration shall be (1) binding, and (2) governed by (~ the Federal Arbitration Act (Title 9 of the United States Code); (ii) the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association. (ths "Arbitration Rules") in effect at the time arbitration is requested, and (iii) this Agreement. A copy of the Arbitration Rules, free of charge, may be obtained by calling (800) 778-7879. The arbitrator shall have all powers provided by the Arbitration Rules and this Agreement and shall apply the law, including but not limited to all statutes of limitation, which would otherwise apply in a judicial action to a Claim or a Third Party Claim. The award of the arbitrator(s) shall be in writing and include a statement of reasons for the award. If the terms of this Agreement and the Arbitration Rules conflict, the terms of this Agreement shall control the extent of the conflict. The arbitration shall be conducted in the federal judicial district where my residence is located, or at any other place mutually acceptable to you and I. The arbitration hearing shall begin within forty-five (45) days of the demand for arbitration. If I have the right to rescind this Agreement, rescinding it will not rescind this agreement to arbitrate. You and I agree that the arbitration proceedings are confidential. The information disclosed 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 may be modified only by a written agreement between you and I. THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WITH A JUDGE OR A JUDGE 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 SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAL, PUNITIVE OR TREBLE DAMAGES. ATTORNEY FEES: If I prevail in any legal action 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 will pay my reasonable attorney fees, court costs, and necessary disbursements incurred in connection with such action or proceeding, as determined by the court, or the arbitrator(s) in accordance with the law. If you prevail in any such action or proceeding, or in the exercise of any serf-help remedy as described above, I will pay any reasonable fees paid by you to an attomey who is not your salaried employee, together with court costs and necessary disbursements to the full extent permitted by law. 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) except as otherwise provided by applicable law, to pay interest at the rate provided for in this Agreement on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in full; (d) that if I am marded and residing in a community property state, both my community property and separate property will be liable for all payments due under this Agreement; and (e) if another person attempts to make payments on my behalf, you are not obligated to accept them. If you do accept them, you are not releasing me or waiving any of your dghts against me, and I authorize you to discuss with another person who is making payments on my account any information about this loan, including its status and your collection procedures and remedies. ASSIGNMENT: You may assign this Agreement to any person or entity. All dghts granted to you under this Agreement shall apply to any assignee of this Agreement. C~EDIT 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. Unless prohibited by applicable law, you may sell or otherwise furnish information about me, including insurance information, to all others who may lawfully receive such information, including specific information about the Manufactured Home, and any insurance policies on the Manufactured Home and the Real Property 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 constitute a waiver of any other 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 connection with this Agreement, 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 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, except as limited by applicable law. VALIDITY: Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective and valid 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 invalidating the remainder of such provision or the remaining provisions of this Agreement. This Agreement shall be of no effect until and unless signed by me and accepted by you. In no event shall any charge under this Agreement exceed the highest amount allowed by applicable law. If any excess charge is received such excess shall be refunded or applied to the Unpaid Balance. GOVERNING LAW: Each provision of this Agreement shall be construed in accordance with and governed by the laws of the Commonw6alth of Pennsylvania, provided that to the extent you have greater rights or remedies under federal law, such choice of state law shall not be deemed to deprive you of such greater rights and remedies under federal law. NOTICE: You wilJ send all notices concerning this Agreement or my loan to me at the address listed on the first page of this Agreement unless I notify you in writing 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 TB°Hr(~°wl~rs~'~ .~~_ ..~ Borrower Borrower Borrower DATE OF THIS AGREEMENT: Thil Col~mct has been assikmed to Bunk 0~:~. ~Om{ Ass~ia~ ms T~[~ undo* t,, {~(~ ~h T~lee and GreenPoint ~), or lo a~y ~or Tmsl~ ihe~nd~. O~Poinl C~i[ L~ J~ W ~cHcr O~TGTNAT, COPY 101899 LIST ALL OBLIGATIONS INCLUDING INSTALLMENT DEBT, CREDIT CARDS, CHARGE ACCOUNTS, AUTO LOAN, ALIMONY -.-~,ND CHIED SUPPORT PAYMENTS, ETC. NAME 1. (Lender: Mortgage, Manufactured Home, ATTACH SEPARATE SHEET, IF NECESSARy. CITY MONTHLY PAYMENT qS,C0 JlO. O0 (If 'Yes" is answered to items 1 or 2, explain on an attached sheet.) 1. Have you declared bankruptcy within the last 10 years? 2. Have you had any judgments, repossessions, garnishments or other legal proceedings filed against you within the past 7 years? 3. Have you ever obtained credit under any other name? If Yes, what name(s)?~ ACCT. NO. PHONE NO. Applicant Co-Applicant Yes [] No ~ Yes [] No [] Yes [] No ~ Yes [] No [] Yes [] No ~ Yes [] No [] STATE NOTICES California.. A married applicant may apply for a separate account. If your credit request is declined, you refuse our counter offer, your account is terminated or there is an unfavorable change in terms made to your account and our decision is based, in whole or in part, on information contained in a consumer credit report, you have the right to obtain a copy of your consumer credit report from the credit reporting agency within 60 days. You also have the right to obtain a copy of your consumer credit report from any other credit reporting agency which comphes and maintains fil~s on a nationwide basis. Additionally, you have the right to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency. (California Civil Code Sec. 1785.20) Illinois: Illinois residents may contact the Commissioner of Banks and Trust Companies, State of Iliinois, P.O. Box 10181, Springfield, IL 62791 on finance charges and fees. Maine: Consumer reports (credit reports) may be obtained in connection with this application. If you request, 1) You will be informed whether or not consumer reports were obtained: and 2) If reports were obtained you will be informed of the names and addresses of the consumer reporting agencies (credit bureaus) that furnished the reports. (Public Law (1991)) New York: A consumer Report (credit report) may be requested in connection with this application. Upon request you will be informed whether or not a Consumer Report was requested and the name and address of the consumer reporting agency. (Gen. Bus. Law, Sec. 380-b) ' Ohio: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. (Sec. 4112.021) Wisconsin.. No provision of a marital property agreement, unilateral statement under section 776.59 Wisc. Stats. or a court decree under section 776.70 adversely affects the interest of the creditor unless the creditor, prior to the time credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. VOLUNTARY INFORMATION FOR GOVERNMENT MONITORING PURPOSES If you applymg to purchase or refinance a manufactured home which will secure the credit and be occupied as your principal residence, the following information is requested by the Federal Government to monitor this creditor's compliance with anti-discrimination laws, including the Equal Credit Opportunity Law. The law provides that a creditor may neither discriminate on the basis of this information nor on whether or not it is furnished. If you choose not to provide this information, the law requires the creditor to note your race or national origin and sex the basis of visual observation or surname. If you do not wish to furnish any of the following information, please initial below. APPLICANT: I do not wish to furnish this information (initials) SEX: [] Female ~Male Age: .. MARITAL STATUS: [] Married [] Separated ii'Unmarried (Includes Single, Divorced, Widowed) RACE/NATIONAL ORIGIN: [] American Indian, Alaskan Native [] Asian, Pacific Islander [] Black [] Hispanic J~White [] Other (Specify) ~ CO-APPLICANT: I do not wish to furnish this information (initials) SEX: [] Female [] Male Age: _ MARITAL STATUS: [] Married [] Separated [] Unmarried (Includes Single, Divorced, Widowed) RACE/NATIONAL ORIGIN: [] American Indian, Alaskan Native [] Asian, Pacific Islander [] Black [] Hispanic [] White [] Other (Specify) ~ Everything that you have stated on this application is correct to the best of your knowledge and you acknowiedge you are legally of age to enter into this transaction. You understand that the lender will retain this application whether or not it is approved. The lender is authorized to check your credit and employment history and to answer questions about the lender's credit experience with you. You agree to inquire about the status of this application by I about its status witI~kn 30 days O~~ated below, contacting GreenPoint Credit Corp. You understand that this application may be considered withdrawn ff you do not inquire [A plieant's s ature -- I0" IS-ti Date Co-Applicant's signature Dat--'~'~ December 11, 2002 NOTICE OF INTENT[ON TO ACCELERATE COHNENCE LEGAL ACTION OR REPOSSE RE: ~anufactured Home Loa~ - Account #000007530953300001 GREENPOIHT CREDIT, LLC P.O. BOX 723308 ATLANTA, GA 31139 888 472-7338 THOMAS IVES 16 SPRING DRZVE SHIPPEHSBURG PA 17257 You are now in default on your Hanufactured Home Loan Contract. If you correct the default, you may continue Nith 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) $ 1,117.78 Late Charge(s) TotaL Due Now $ 26.88 $ 1,144.66 CredftorSs rights: Any partial payment of the amount due which is received by us wiLL be applied to your account. You wiLL need to pay the fuLL amount by the date indicated above in order to cure your default. you do not correct your default within 31 days due from the postmarked date of this notice, we may exercise our rights against you under the Leu 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, at any time before Ne seLL or otherwise dispose of the manufacturd home or enter into a contract for its sale or other disposition, (which shaLL 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 by LaN, plus court costs. , if you have any questions, write to us at the address above or caLL me at the phone number Listed above betNeen the hours of 8=00 a.m. and 5:00 p.m., Honday through Friday. [f this default was caused by your failure to make a Payment or payments, and you Nant 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 period, this payment must also be paid in order to avoid any further default. This correspondence is an attempt to coLLect a debt and any information obtained wiLL be used for tha~ purpose PA (144) 095'11'0000075309533-00001 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 ullsworn 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: 2003-00951 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS IVES THOMAS 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 IVES THOMAS the DEFENDANT , at 1848:00 HOURS, on the 10th day of March at 16 SPRING DRIVE SHIPPENSBURG, PA 17257 THOMAS IVES a true and attested copy of COMPLAINT by handing to , 2003 REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.11 Affidavit .00 Surcharge 10.00 .00 41.11 Sworn and Subscribed to before me this /7~[~ day of So Answers: R. Thomas Kline 03/11/2003 VOELKER & ASSOCIATES By: Deput~ Sheriff- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, go Thomas Ives, Defendant. CIVIL DIVISION No. 03-951 TYPE OF PLEADING: Plaintiff's Praecipe for Default Judgment Pursuant to PA. R.C.P. 1037(b) 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, Thomas Ives, Defendant. CIVIL DIVISION No. 03-951 PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA. R.C.P. 1037(b) TO THE PROTHONOTARY: Kindly enter judgment for possession and in the stun specified below, in favor of Plaintiff, and against Defendant, Thomas Ives, for failure to file an Answer or otherwise respond in the above- captioned action at the above number and term within twenty (20) days from the date of service of the Complaint. Please assess Plaintiff's damages against Defendant, Thomas Ives, as follows: Principal $20,460.00 Interest $369.60 Attorneys fees $600.00 Costs to be added TOTAL $21,429.60 (32 daysx$ 11.55 per diem) I certify that a written notice of intention to file this Praecipe was mailed to Defendants after the default had occurred and at least ten (10) days before the date of the filing of this Praecipe. I further certify that the Defendant, is not in active military service. A copy of the Notice is attached hereto as Exhibit "A". The undersigned verifies that the statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworu falsifications to authorities. Respectfully submitted, VOELKER & ASSOCIATES, P.C. Edward F. Voelker, Jr. Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUlVIBERLAND COUNTY, PENNSYLVANIA GREENPOINT CREDIT, LLC, CIVIL DIVISION Plaintiff, VS. THOMAS IVES, Defendant, No. 03-951 flL£ gOP N ICE OF INTE TAKE DEFAUL GMENT TO: THOMAS IVES DATE OF NOTICE: APRIL 1, 2003 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WR1T/NG W1TH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TI-tIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAK1NG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TH~S NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (814) 249-3166 1-800-990.-9108 VOELKER & ASSOCIATES,'P.Cl BY: '~"'~ ~-~ EDWARD F. VOELKER, JR. ATTORNEy FOR PLAINTIFF CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the within Plaintiff's Praecipe for Default Judgement was served upon the following by First Class United States Mail, postage prepaid, this ldth day of April, 2003, at the following addresses: Thomas Ives 16 Spring Drive Shippensburg, PA 17257 VOELKER & ASSOCIATES, P.C. By: ~ ...... Edward F. Voelker, Jr. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREENPOINT CREDIT, LLC., Plaintiff, V. CWIL DIVISION NO. 03-951 TYPE OF PLEADING: PRAECIPE FOR WRIT OF POSSESSION THOMAS IVES, Defendant. 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, CIVIL DIVISION NO. 03-951 THOMAS IVES, Defendant. PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Please issue a Writ of Possession in the above captioned matter for the following mobile home (serial number GP38613AB) located at 16 Spring Drive, Shippensburg, PA 17257. Date: EDWARD 1~. VOELKER, JR. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certities that a true and correct copy o fthe within Plaintiff' s Praecipe for Writ of Possession was served upon the following by First Class United States Mail, postage prepaid, this 56~h day of April, 2003, at the following addresses: Thomas Ives 16 Spring Drive Shippensburg, PA 17257 VOELKER & ASSOCIATES, P.C. Edward F. Voelker, Jr. Attorney for Plaintiff WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) G~R~NPOINT CREDIT, LLC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-951 Civil Term No. Term vs. Costs THOMAS IVES Att'y. $ 16 SPRING DRIVE PI'fi(s) $ SHLPPENSBURG, PA 17257 , Prothy. $ 129.61 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of c~m~m.ANr) County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: GR~I~POINT CREDIT, LLC being: (Premises as follows): Plaintiff (s) MOBIL HflqE (SERIAL NL~BER GP38613AB) 16 SPRING DRIVE SHIPPSlqSBURG, PA 17257 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest thercin. Date APRIL 29, 2003 (SEAL) CURTIS R. LONG Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania Deputy o 9 By virtue of this writ, on the day of I caused the within named have possession of the premises described with the appnrtenances, and WRIT RETURNED STAYED AS PER ATTORNEY Sheriff's Costs: Docketing $18.00 Pouudage .66 Proth 1.00 Milage 13.80 SuLcharge 20.00 53.46 Advance Costs: 150.00 Sheriff's Costs: 53.46 96.54 Refunded to Atty · to on 6/17/03 Sworn and/'~sub:scribed to before mc this day of othonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit, LLC, Plaintiff, Thomas Ives, Defendant. CWIL DiVISION No. 03-951 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, CWIL Di¥ISION No. 03-951 Thomas Ives, Defendant. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue Plaintiff's Case in the above-captioned matter without prejudice. Date: EDWARD F. VOELKER, JR. Suite 141 O, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-1)543 Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy o fthe within Plaintiff's Praecipe to Discontinue without Prejudice was served upon the following by First Class United States Mail, postage prepaid, this l0th day of November, 2003, at the following addresses: Thomas Ives 16 Spring Drive Shippensburg, PA 17275 VOELKER & ASSOCIATES, P.C. By: ~Eclk4'ard F. Voelker, Jr. Attorney for Plaintiff