HomeMy WebLinkAbout00-08296
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
No. 00 - P:J.9b
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v.
Complaint in Civil Action - Replevin
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Filed on behalf of:
GreenPoint Credit, LLC
Defendants.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
CIVIL DIVISION
v.
Complaint in Replevin
Lois A. lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants.
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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Curt Long, Prothonotary
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013 - 3387
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
/1 - '" -r..u.v
No. dO _ if.2 9(. UV<-"
v.
Complaint in Replevin
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit, LLC, f/kla Bank of America, by and through
its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in
Replevin:
1. GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff" or "Green Point, "
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Lois A. Lucas, Harry M. Shaw, III, and Ann Dingess, hereinafter referred to
as "Defendants," are individuals whose last known address is 83 Rustic Drive, Lot 132,
. Shippensburg, PA 17257.
3. On or about April 21, 1998, Defendants purchased a 1998 Marlette
Manufactured Home, Serial Number T089633AB, (the "Mobile Home"), from Country Side
Village Homes, (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A."
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4. Bank of America perfected its security interest in said Mobile Home by having
an encumbrance on the title thereto. A true and correct copy of the Certificate of Title is
attached hereto as Exhibit "B." Bank of America assigned its interest in said Security
Agreement to Plaintiff, GreenPoint.
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$55,600.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
6. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of November 14, 2000, the Defendants' payments of
interest and principal were in arrears in the amount of $993.72. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of November
14,2000, is $55,735.50.
7. Plaintiff provided Defendants with thirty (30) days notice of intent to
repossess the Mobile Home. A true and correct copy of the notice of intent to repossess
the Mobile Home is attached hereto as Exhibit "C."
8. Defendants failed to cure the default or return the Mobile Home upon
Plaintiffs demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
10. The Security Agreement provides that in the event of default:
a. Defendants will pay the reasonable attorney's fees of seller or of
seller's assignee, provided that prior to commencement of legal action such
fee shall not exceed $50.00;
b. Court costs and disbursements; and
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c. Costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
11. In order to bring this action GreenPoint Credit, LLC was required to retain an
attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC,
alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
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13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants in the amount of $55,735.50 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
EP~
nn . yer, squire
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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DATE -1L! .2.1 ! 2000 TIME:
FiLE: L-/,;fC"t[
Telephone Conference With: CAG DT TJ Other:
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Slip Number:
lnitial and Date:
1
100
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FoHow Up lnstructlorn;:
Jl1itiaJ an{j Date:
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COMPLAINT IN REPLEVIN PROCEDURE
COUNTY OF Cumberland. PENNSYL VANIA as of the following date 11/21/00
Contact Person:
Telephone Number:
Telefax Number:
Fee for filing Complaint:
Fee for Judgment Ent (DJ):
Fee for DJ WP
Fee for RCM:
Fee for Issu WP
Fee for Issu WE
Special Notes:
Prothonotary's Office
Curt Long - Prothonotary
(717) 240-6195
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Contact Person:
Telephone Number:
Telefax Number:
Fee for serving Complaint:
Special Notes:
Sheriffs Office
R. Thomas Kline - Sheriff
(717) 240-6390
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Flat Fee:
Flat Fee Per Defendant
Based on Mileage - Must Call
Other (Describe)
FILING:
L:\New FormslCounty InfolCumberlandlREP PO and SO.wpd
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VERIFICATION
Don Turosik, Collection Manager and duly authorized representative of GreenPoint
Credit, LLC, deposes and says subject to the penalties of 18 Pa.C.S, Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are
true and correct to the best of his knowledge, information and belief.
~~~
Don Turosik
Collection Manager
GreenPoint Credit, LLC
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NDV-15-2000 15:08 GREENPDINT CREDIT 51
H~ I AIL IN:) I ALLIVI~I" I \lVI'W I ""'''' I, ~a;vVnll I ,.."'n....'y'.... I,
WAIVER OF TRIAL' BY JURY AND AGREEMENT. TO
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE
(Contract)
BUYER(S):
NAME: LOIS A. LUCAS
NAME: HARRY M. SHAW
NAME:
BUYER'S NAME:
ADDRESS: 2764 GRAND PT RD
III
412 873 5827 P.03/14
':''':'',':,. LOAN PLAN: "U.l. V~.I."~ Il
FOR
...... ". , OFFlce NUMBeR: 7 90S 1
OFFice .
.....,.. LOAN SOURCE NO.: 7 5019 1
USE..';.'
:....:. ACCT, NO.:U. /301 1l':Q
ONLY. FUN
c",:':;';' DING COOE:
COUNTY: CUMBERLAND
CliY:CH...MBERSBURG STATE;PA ZIP: 17501
(717) 263 - 9256 S. SEC.#(S): 440 - 62 -1628 174' 6 0.5341
PROPoseD LOCATION OF MANUFACTUReD HOME' RUSTIC DR LOT 131, SHIPPENSBURG, PA 17257
'I," 'me," "myself' or 'my' mean all persons who sign this Contract as buyer or co-buyer, jointly and severally, and "you" 0
'your" mean the Seller and any assignee. This Contractwill be submitted to the Creditor indicated below, at a loc:al office and, I
approved, it will be assigned to that Creditor, On the date of this Contract, I buy from you on a credit sale basis the manufacturec
home described on page 2, together with furnIShings, equipment, appliances and accessories inoluded in the manufacturec
home at the time of purchase (called "Manufactured Home").
CREDITOFl:BlINKl'JolERICA HOUSING SERVICES, A DIVISION OF BlINK OF AMERICA, FSB
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of thi:
Contract (Item 5) with interest at the Initial rate of 7 .75 % 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 recomputec
due to changes in the interest rate, until the Unpaid Balance is fully paid. If. on 04/16/28 , I still owe any amount unde,
this Contract, I will pay such amount in full on that date, which Is called the 'Maturity Date." Each monthly paYT"'ent will bE
applied as of i~ scheduled due date. If no interest rate is disclosed 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 mal
c;hange 11 months after my first payment is due and every 12 months thereafter based on movements In the monthll
average yield on United States Treasury sec;urities adjusted to a constant maturity of one year, as made available by the Federa
Reserve Board, which is the indel( rate. My interest rate cannot incre."se or decrease by more than 2. 00% at any interes:
rate change or by more than 5. 00 % over the term of the Contr"ct. The interest rate will equal the indel( rate in elfec;:
45 days before the interest rate change date plUS a margin of 3 ,75 % (rounded to the NEAREST 1/8
of one peroentage point) unless the interest rate caps limit the amount of change in the interest rate. If this indel( rate is ne
longer available, you may choose a new index that is based upon comparable information.
ANNUAL FINANCE CHARGE Amount Financed Total of Payments Total Sale Price
PERCENTAGE The amount! will hay, paid The l<>llll "".t of my
RATE after I have made all purohaseon oredlt
The dollar ~mount the The amcuntQf oredit payments a. soheduled (wt'\ich Is subjectto
me ""st of my credit as credit Willl;Qst me {which provided to me or on (ba.ed on \I1e ourrent ohange) Inoludlng my
a yeany rete (whioh i. is subjeo! to chango): my bohalf: Annual Per..ntage Rate down paGment or
subject to change}: whloh 's subleollC oh.Jige): $ ,170.00
8.97 % $ 106,121.08 $ 55,520,00 $ 161,641.08 $ 167,811.08
:::::.::.;:60.#7'"'"0 Z\ '.. ....fj~Fcj;e;;;e:~.A~u;;iFi~; .:ir,;t3Ii>~~::+oCwn pl.;;;;;.!;,
aaon ;,NUh'lberQl'. 2~~:j":~t~~~~> _.__..~ Y:Iii;~:~~Yrrt~'~;';~:p~.iiji~:.:~7.':,;;:,.::"
ayment ....piiiiiienta: . ..';;::0:!::~~.
..:..'.'1,'''''"""''....,, 12 397.76 MAY 16 .19~8
,... '''-''''''''~''''--'' $ Monthly, begInning
'~y: '::0:~:i~;\~:,'<'
pa~!i.~f' 348 $ 450.77 Monthly.ceginning MAY 16 , 19 ---1.9
sa;eCfule" S .00 MOnthlYl beginning ,19_
:J,i[biF# $ .00 Monthly. beginning .19
;.;~~!.:1~~~:7~:t
See Contract terms for addltlQnal Inform
about nonpayment, dlfault, J'8quirAd rep
In full bofore lho sohedulod date, and
prepayment refund. and penaltie..
Prepeyment III payoff e.rty. I will not
havel<> pay a pen.lty. bUll will nol ba
entitled to _,rvfund of the Prepaid
Finance Charge. if any.
Securlly: I give you ..OO<irity inlerest in the goods 0, propany boing pu roh...d.
Lote Cherge: If a paymenti. more than IS days late. I will b.oharged 2 I> of the .unpaid emountot suoh p.ymen~ not to excoed
$ 5.00 ---
Variable Rate: My ConlreOl contein. a variable rate feature. Di$~o$ure$ about the vanablo rate feature have been provided 10 me a.rtier.
AMumptlon: Someone buying my ManufactVred Home may, under certain circumstances, be allowed to assume the remainder of the COJ'lltact t111 the
onginal te""$.
Estim."s: All numerical disclosures eXO$-pt the late payment discfQSU1'8S are estimates.
The above disclosures are based on terms in effect on the date this Contract is signed. If the interest rate changes, actual Amount
of Payments, Annual Percentage Rate, Fina~rQ ""h,,,~,, And TI>t..1 "I P"vrn"nt. wilL be more or less than disclosed above.
P~!.OS4e.Q487
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EXHIBIT "A"
Security Agreement
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NDV-16-2000 15:09
GREENPDINT CREDIT 61
412 873 5827 P.04/14
Description 01 T!1AOE NAME: MARLETTE HOMES/SCHULT COR MODEL:2994 -A
Manufactured
Home: 98 X USED: LENGTH: 56 It WIDTH: 28 It
YEAR: New:
SERIAL
NUMBERS:TO 89 633A:8
I . ITEM. .-1 I "':SeRIALNuMBER ..... I I ll'EM','::' I I .: ."c' SE!'iIALNUMBER:.. ......1
AOOITIONAL AIR CONDITNG SKIRTING
AcceSSORIES GUTTERS (DOWN ANCHORS
AND FURNISHINGS: SHED DECKS
041498
Not Trade.ln Value.. S
Total Oown Payment. . ............. S
3. Unpaid Balance 01 Cash Price (1 minus 2) S
4. Amounl$ paid to othe.. on my behalf:'
a.' To Insurance Companies:
(1) Property Insurance...... $
(2) Credit Ule Insurance $
b: To Public Officials:
(1 ) Certm~ate of -nUe
(2) FILING FEES
c. To Creditor:
.. For:
d. TO:
For: NOT.ll.RY FEES
.00
(Seller to pay on)
.00
6,170.00
55,475.00
............... IN' S"URA'N" 'CE
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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 tt 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.
'.ITEMIZATlON OF AMOUNT FINANCED':.:....
1. Cash Price (Including Sales
Tax of $ . 0 0 ):
2. a. Cash Down Payment.. $
b. Trade.ln (Year, Make, Model):
Length Width
Gross Value:> . 00 Uen. $
$ 61,645.00
6,170.00
Type of Insurance
Term
Premium
$
,00
OMOS $
$
$
LIABiliTY INSURANCE COVERAGe FOR BODILY
INJURY AND PROPERTY DAMAGE CAuseo TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPEI1TY INSURANCE SECTION ABOVE.
CREOrT LIFE INSURANCE: Credit L~e Insuranoe is
not required for this Contract or a factor in its approval.
If I elect Credit LHe Insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly,)
This insurance may not payoff all of my debt, and the
exact amount of coverage is shown on my policy or
certHicate. My signature indicates my election to obtain
Credit Ufe Insurance coverage for the term and
premium shown:
~hyslcal Damage Coverage
BROAD FORM
.00
.00
.00
S
$
22.50
5.00
S
.00
$ 17 .50
e. To:
For:
$
.00
f. To:
For:
g. To:
For:
$
Type of Coverage
Term
Premium
h. To:
For:
Single
s
s
$
Total (a + b + c+ d +e+ f+ g + hl........ $
45.00
Joint
5. Unpaid Balance (3 plus 4)..
$ 5~,520.00
Date
6. Prepaid Finance Charge ......................... $
.00
(sigl"lature)
7. Amount FinanC<ld (5 minus 6L ....... $ 55,520.00
* I understand 'lnd agree that a portion of certain of thes. amounts
may be reW[\ed by you or your affiliate.
Date
($Ignature)
(If joint ""verage is desired, both proposed insurells must sign.)
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NDV-15-2000 15:09
GREENPOINT CREDIT 51
412 873 5827 P.05/14
VARIABLE RATE;
a. Monthly PlIyrnent Changes. My monthly payment amount will change each time my interest rate is adj\lstEid. The monthl:
payment amount will fully amortize the remaining unpaid balance at the adjusted Interest rate in equal monthly payment:
over the remaining term of this Contract.
b. Notice of Inttre$t Rate and Monthly PlIyment Chllnges. You will send me notice of an adjustment in the interest rate an'
monthly payment at least 25 days ~efore the adjustment. This notice will contain information about the index rate, interes
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 beginnin\
ZERO years frOm tM date of this. Contract and ending 30 years from the date of this Contract. Ir
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 m!
desire to convert to a fixed rate. I must execute a revision agreement and I must pay a nonrefundable conversion fee. ThE
new fixed int$rest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive m!
written not~ication. The new fixed rate will take effect on the "Conversion Date," which shall be my next payment due da!!
that is at least 30 days after your timely receipt of a revision agr....ment signed by all BQrrowers together with:
nonrefundable conversion fee of $ ZOO. 00 . 1Me new fixed rate and the Conversion Date are subject te
change if my revision agreement and fees are received after tne date specified in the revision agreement. My new paymen
amount will be effeetlve with the first payment following the Conversion Date,
SECURITY INTEREST: I srant you a lOecurlty interest under the Uniform Commercial Code in (1) the Manufactured Home and ir
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, e~uipment ane
other goods furnished with the Manufactured Home (Whether or not installed or affixed to it) Inoluding but not limited to the item!
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premium!
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufacturee
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment ane
performance of my obligations under this Contract, including any additional debt arising because of my failure to perform m)
obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Contrac'
constitutes a waiver of my personal property and homestead exemption rights to the persona! property /lereln desoribed. I wi!
sign and deliver to you whatever financing statements and other documents you deem n..cessary to allow you to perfect youl
security interest in any personal property and fixtures. I agree that you may file this security Instrument or a reproduction thereo'
in the real estate records or other appropriate index as a financing statement for any of the items spec~ied above. An)
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals, 01
amendments th$reof, shall be sufficient to perfect a security interest with respect to such items.
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FUll OR IN PART AT ANY TIME WITHOUT. PENAL.TY. BUT I WIL.L
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 fOI
the term' of this Contract against loss by fire, ha<:ards included within the term "extended coverage" and any other ha<:ards.
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 insuranoe policy will contain a loss payable clause protecting you (as your interest may appear), and provide for e
10-day notice of cahcellation to you. Unless you consent In writing, I shall not add any additional loss payee to the insurance
policy. I have \Me right to choose the person through whom 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 a'
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are no'
obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only YOUl
interest in the ManUfactured Home, may notfuJly protect me in the event of a loss, and may be for such reasonable period a~
you determil'le. If youdeolde, in your sole discretion. to obtain insurance, you will notify me of that fact and that the cost, plu~
interest at the Contract rate, will be added to my debt. I.will repay such amount during the term of the policy in the mannel
requested by you. I understand that the insurance premiums may be higher ff you must purchase the insurance than might bE
the case ~ I had purchased the insurance. and that you may purchase the insurance from an affiliated company which mal
receive a profit for this service.
PA35CN~'1
PAQE3CFT
ORIGINAL coPY
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NDV-16-2000 15:10
GREENPOINT CREDIT 61
412 873 5827 P.06/14
b. Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and aU
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 netlce
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 en my
behalf. All physical damage insurance proceeds, including proceeds from optional coverage, shaU be applied to resteration or
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless such restoration or repair is net
ecenomically practical or feasible, or your security interest weuld 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 en the front 0/ this Contract. Only one late charge will
be made on any delinquent installment regardle" of the period for which that installment remains in default. After this Contract
matures, whether by acceleration or otherwise, I will not be oharged a late charge.
RETURI'lEO CHECK CHARGES: I will pay you the actual charge of the dishenoring institution (or such higher ameunt
as allowed by law) ff any check given to you is not honored because of insufficient funds or because ne such account exists.
EVEI'lTS OF DEFAULT: I will be in default under this Contract if; (a) I fail to make any payment when due: (b) I fail to timely
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which the
Manufaotured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facility
where the Manufactured Home is looated; (d) I fail to keep the Manufaotured Home in good repair and condition, as you may
reasonably determine; (e) I remove the Manufactured Home from the address shown en this Contract unless I notify yeu in
advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneficial interest in the Manufactured
t-iome without first cbtaining your written consent; (9) I allow the Manufactured Heme to become part of any real estate without
first obtaining your written consent; (h) I encumber or abandon the Manufaotured Home or use it for hire or illegally; (Q I fail te
promptly pay any taxes and other liens and encumbrances on the Manufactured Heme or on the real property en which it is
located, if this is my responsibility; and/or all fail to do anything else which I have promised to do under this Contract.
NOTice OF OEFAULT: If any of the above specified Events of Default have occurred, yell may do whatever Is l\ecessary to
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Defaulfbefore 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 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 OEFAUL T: I may cure a dtfault at any time before title to the Manufactured Home is tral\sferred frem me, which will
be at least 45 days after receipt of the Notice of Default Md Right to Cure Default. To cure a default, I must pay: (a) all ameunts
which would have been due in the absence of default and acceleration: (b) the atterney fees set forth below; (c) any late charges
that are due; and (d) reasonable costs which are actually inourred for detaching and transpcrting 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 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 acorued 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 Notice of Default and Right to Cure Default, you will have
these rights ill1medlately upon my default, Once you get possession of the Manufactured Home you will sell it: If the amount frem
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 necessary to protect your
security.
ARBITRATION OF DISPU'I'ES AND WAiVeR OF JURY TRIAL:
a, Dispute Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating to
this Contract or any agreements or instruments relating to or delivered in connection with this Centract, 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 arisinsJrom a single transaction, shall be determined by arbitration as desoribed belcw. Any other centroversy shall be
determined by judicial reference of the controversy to Ii ftferee appointed by the court or, W the court where the controversy
is venued lacks the PQwer tQappolnt a referee, by trial by a Judge without a jury, as ~';'.scribed below. YOU AND I AGREE
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GREENPOINT CREDIT 61 412 873 5827 P.07/14
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TRIAL BY A JUDGE.
b. Arbitrlltion. Since this Conlracttouches and concerns interstate commerce, an arbitration under this Contract shall b&
conducted in accordance with the United Slates Arbitration Act (Titie 9, United States Code), notwithstanding any choice 0:
law provision in this Contract. The Commercial Rules of the American Arbitration Association ('AM") also shall apply. The
arbitrator(s) shall follow the law and snail give effect to statutes of limitation in determining any claim. Any controvers)
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be ir
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be enterec
in any court having jurisdiction, and no challenge to entry Of judgment upon the award shall be entertained except af
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice.
c. Judic;ial 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 arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointee:
by the court who, sitting alone and witnout jury, shall decide all questions of law and fact. You and I shall designate to the
court a referee selected under the auspices of the AM In the same manner as arbitrators are selected in AM-sponsore,
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy is vllnued lacks the
power to appoint a referee, the controverey 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 I
may have to ellercise se~-help remedies such as set-off or repossession, to foreclose by power Of sale or judicially against Ot
sell any collateral or security, or to obtain any provisional or ancillary remedies Irom a court of competent jurisdiction before,
after or during the pendency of any arbitration under subparagraph (b) 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
ccmtroversy be determined by arbitration as provided above.
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with the
enforcement of this Contract or any instrume.nt 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 witn 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 seH-help remedy as described above, I will pay any
court costs and necessary disbursements to the full 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 sucn 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 monthiy installments, if requested by you to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due witnin 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 state, both my
community property and separate property will be liable for all payments due under this Contrac;t.
ASSIGNMENT: You may assign this Contract 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 openil'lg and colleoting
my account and share information about me .and my account with credit reporting agencies. You may sell or oU,erwise furnish
information about me, including Insurance information, to all others who may lawfUllY receive such information. You may furnish
spec~lc 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 01 any other defaull. No term of this Contract shall be cnanged
unless in writing and signed by one of your officers. This Contrac:t 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 eacn provision of this Contract shaH 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
"hall be ineffective only to the extent of such prohibition or invalidity. without invalidaUng the remainder of such provision or the
PA3$Q646.Q497 PAOE;S0I"'7
ORIGINAL COPY
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NOV-15-2000 15:12
GREENPOINT CREDIT 51
412 873 5827 P.08/14
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In 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 law, such choice of state law
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
.: ... .......... ...........:C;:'0~..'2\:Jif1t~..{f..;!iif~,~j";i;.:':;;~~,;,;.~9,1'!CE. "~. ..:','>::':f..................,...... .........::'.::,.....::::.
..' :,'.AN'!'I:iOlDER,' O.F, THISg9~~.lJ.Mg!:!:qB!;P!J!bONTRACTJS SU6JECTTC)~P.lteL~!M;!l...ANp.P.EI!'ENsE~tWHICH<
.. .. THE' DEBTOR COU(O;;ASSERl"ActiiNST"THE'SE(lEROF GOODS:;OR;iSERVicES' 08'1'AINEO: PURSUANT:;
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. HERE1'OOR' WlTfl.llIEPROCEEDS}iEREOF,"RE.cbVEl'lY HEREUNDERBY,JHE.DiBTOA$RA(;LNcrtExcE50.......
· AMOUNTS PAlbSY THE[lEBTQR'HER~ONPg~f<' . .' . .' ..... ".Xc..';'':':;;'''C:::,'' ... .... .
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CAL.L.ING 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.
ACCEPTED: TIle loregolng Contracti. hereby a.signed underlhe term. If you do not meet your Contract Obligations, you
of Itle A$$ignmenton page 7. may lose your manufactured home.
Notice to Buyer: 00 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.
BUYER(S) CJNATURE(S):
COUNTRY SIDE VILLAGE HOMES INC
SELLER:
SELLEFI'S
ADDRESS: 2023 LINCOLN WAY EAST
SELLER'S
SIGNATUFl .
PA 172010000
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I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE FlECEIPT OF A COMPLETED COPY OF T S CONTRACT.
SELLER'S
TITLE:
DATE OF THIS CONTRACT:
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NOV-15-2000 15:13
GREENPOINT CREDIT 51
412 873 5827 P.09/14
TO CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail in$tallment contract ("Contracf) signed by one or more buyers ('Buyer"), SELLER represent,
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specffied; (2) Buye
was legally competent to contraot at the time of Buyer's exeoution of this Contract; (3) this Contract arose from tile bona fidl
sale of the merchandise described ill this Contract; (4) the down payment was made by Buyer in cash unless otherwise specifiec
and no part thereof was loaned directly. or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as an)
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owec
on such trade-in or other property is accurately desoribed on page 2 and has been paid off by Seller prior to 0
contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set fortt
herein: (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against eact
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the even
of any claim or defense asserted by any Buyer, or any heirs or Msigns of Buyer, with respect to the Manufactured Home 0
other property or consideration transferred pursuant to this retail installment contract, Seller agrees that it will indemnify and hole
Creditor harmless from all such c1l\ims and defenses as well as from all costs reasonably incurred by Creditor in connectior
therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credi'
Reporting Act, Seller has nomied Buyer that this Contract is to be submitted to Creditor.
For value received, Seller hereby assigns to Creditor all its rights. tille and interest in this Contract and the proper!)
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 par
hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasin,
th is Contract.
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GREENP01NT CREDIT 51
412 873 5827
P.10/14
Coun
.Siae ;Homes
lr\ Ihi, CClntract \he wO":h ''', 'Me' !./'Ie: 'Mo( re1er ic ,11'1. e"yer and th9 CoobllV9' lll~ll"l~ \hi" CO"'f;C\, The WCT'O$ ''fO~'. orrd 'Your reiet 10 1he tleell'.
Sub I I rma BI'ICI e I"l 'c.ri bt.! I'l i 9'Or tl'lta 3: ~1.l'lIlIII O~ 8 relllll elllind I e re& to
'.
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SeIter' an~ Pun:;haser agree tl'lal no! witlwtancling, MY oUl" ~Nvisiol"ll of U'liti
centriC'! tl'1at u~Qn aU eonunglinc:ieS In \1'liS CGntrilet hiVing bElen mfr, it ~urchaser
,1'10\111:1 lail or reh.ln to Ilurchase tn. matnJfact\lfe~ ~01'\'Ii oescnb.4 heroin wilhb-.
lhirty days stier I'lQlics 01 aYalliblllty of tt1e sam, rrom Seller, '/'lit Seller Il'lsy retair'l
tl'19 entire cash !:l"Qvmpaymenl and Or nIl a.me:lunt allowed lor traCe as IIl:;uld~le4
dama.ges.
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lert I, net ...wrance , moDUt ham. can "",,_In lovel wt'itn -plllcecl QM .ny lurf.ce OU'Ier
2l,n U1111 ar tll'CIl.1DD or CO"cr'IIt..
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r1"fl\k!.1\ of tcade.ir1: Yew-
MQdal:
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In '0 MUTUALLY UNOERSTOOD thet 1/110 egreem.m 10 ,.bi..ll.
'neGenury correc;tlcnt, end adJustments cene.milts ehang.. In net
peyoff on ,rade-In to be madl. It the tlml of eellllmlnl.
S..,
No.
1I'I\Cwlftg\GWhOfl'l;
Sen.lNo.
hdroorT\S:
Color.
ANY O~6T I OWEON~ETRADE-lN 1$ TO 'i5E PiJO 'Y;
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h,ners cerUfy tt'le Matter pn:nlt1d on lilt tlSl:k hel'OQf has be'8i1 rllled and agreed' lD IS part 'oll"-Is agrocl1'nent the $6n1e sa U'lowgh tl were printed '@Qve me Sigrtaturs-s: ttlal
r1l1re 01 statutory age or OldEtl'. or 1'18~ tiN" legally emal'\dpeted. tI1et l)'lo within clescrtbtd mercflsl'ld'Jse, the optlcnal equl~l'I'\ont and acr;e,acri,5 herecm al'ld, IMurance It
,,'d. hila botn IIOI1,Ifttlrllv purchued. The I'l'Clperty belfli treded II free from all 'n!;Umbrs"eu wl'lattoever, u:c:ep[ad as ntl11d abcve. Pwn.haaer egte.a IlIlIcn paragr,ph Md
alo" of thIs c:ontracl on Coth front and bat;k Is nverablo, if una DOrtion !herEj(lf Is Invslld the romaining ~ortlOl'\ al1al! I'Il1verthela811, rem,in in full f(lre. and dec:t
I AG_ENT CONTAINS THE ENt1RE UNOERSTANllING BI!TWEEN YOU AND ME ANO NO OTHER REPRESeN1"ATIV& OR INOU~I!NT, VERBAL OR WRlTTE/I, HAS
BEEN MAOE WHICH IS NOT CONTAINED IN THIS Cl:lrmlAeT.
SIGNIEO
, WE AClOlOWlEIlGE RECEIPT OF A COpy OF THIS OROER AND 'THAT OR W
\ACT CQN11NQIICTUPCIH IUH.&G&F1lAL ~o FlJW.ICfAL APHlQYAI,.
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EXHIBIT "B"
Certificate of Title
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GREENPOINT CREDIT 61
4128735827 P.13/14
400 Southp"'l1\t~ Bouh.l....oud
Soutl1pointe PliIza I, Sulte 230
Canon.burs, PA 15:31 i
T.t (724) 873.5825
Fa.. (724) 873'0826
Augu5t 23, 2000
LOIS A. LUCAS
HARRY M. SHAW III
83 RUST! C DR
SHIPPEHSeURG PA 17257
GreenPoillt ~ Credit
R=' Manufactured Home L.an . Account #0000061301'8000001
NOTICE OF INTEHTION TO ACCELERATE. C~ENCE LEGAL ACTION OR REPOSSESS
You are now in default on your Manufaetur.ed ~orne Loan Contract. If you correct the default. you may
,ontir.ue with tne contr~ct 03 though y~u did not default. Your default c:nsi3ta of faiLur~ to ~ke tim~ly
plyment$ of one or more installment; os Qgreed to in the ter~s of the contr~ct.
Tklrty~ene (31) days after the d~te of this notfce, we muy nuve the risht to commence legal action and
repossess your manufactured home.
Cure of default: Your may cure your. default by m~kinS pa~~~t in the amount indicQted belQ~:
Past DU. Monthly Paymont(s'
$
963.48
Late Cnarse< s)
$
15.00
Total DUI! Now
$
978.48
erl!d;tor's ri8~t~: Any partill ~ayment of tnc amount due' ~hi~h i~ re~eived by u~ will be applied to your
~ccOUMt. You will need to pey the full gmount by t~e'date indic~~ed above in order to cure your default. [f
you do not correct your dof;ult within 31 d~ys due from t~e postm~iked d~te of thi$ notice, we ~y
~xerci~e our rishts ;:lgainst you ul"Idal" the ,law by "'~ce\eritiMg your,,,dcbt and eitner reJ:;oSiSessins your
manufaetu.ed home or, if necessary, bringi"s a cou.t actiQn' to obtain possession of your manufaetu~ed
heme.
If we elect to ex~reisa our risht$ against you by repc$$ession of the manufactured home you m~y, ~t any
time before we ~ell or othorwis; di'~~e of the man~f~cturd home or 'enter into a contrDct for its s~Le or
other dl$~Mit;on. (which shall be at Lean 45 days after PQ.tm;}rk of t~is '1'\otice)/ rede!!m t~e m$nufactured
heme ~I payins us ~lL amount~ due ptui expenses re;$onabLy incurred cy u~ in detaching ~nd trans~orti~g
the mu~ufactured nome to the site of t~e sile and our reasonable ~t~or~ey's feesl to the extent ~ermitted by
Law, ~lu$ COUit costs.
If you h~ve any ~uQstlons, ~rjte to us at the ~ddress above or call me ~t tha phone number listed above
betw~@n the nour$ of 6:00 a.m. ;nd 5:00 p.m., Monday through Fridey,
If this def~ult was caused by your faflure to make a payment or payments, ~nd you want to ~ay by mlil,
pLeese send 0 Check or money order. Do not send cash.
Manager
eel File
If any additional reguLar p~yment becQmes due during this cure ~eriod,
order to pvofd any further default. Thi$ cCire~pond~nce i$ en attempt
in;orm3tion obtained will be u$ed for thQt purpos..
this payme~t MU't ~l,o ~aid in
to collect. debt I!f"~ any
..' '
PA (144)
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EXHIBIT "C"
Notice of Default
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SHERIFF'S RETURN - NOT FOUND
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CASE NO: :WOO-OS296 P
COMMONwEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
LUCAS LOIS A ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inqui~y for the within named defendant, DEFENDANT
LUCAS LOIS A
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, LUCAS LOIS A
DEFENDANT NO LONGER RESIDES AT ADDRESS STATED,
LEFT NO FORWARDING, DID NOT RECEIVE ALTERNATE ADDRESS INFORMATION
PRIOR TO EXPIRATION DATE OF: 12/28/00
Sheriff's Costs:
Docketing
Service
Not Found Return
Surcharge
18.00
13.02
5.00
10.00
.00
46.02
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So answe .
R. homas Kllne
Sheriff of Cumberland County
ERIN P. DYER
01/0S/2001
Sworn
and subscribed to before
I'Jib da f (1
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me
this
cJw/ A.D.
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SHERIFF'S RETURN - REGULAR
,
CASE NO: 2000-08296 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
LUCAS LOIS A ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
SHAW HARRY M II I
the
DEFENDANT
, at 0014:00 HOURS, on the 6th day of December, 2001
at 83 RUSTIC DRIVE LOT 132
SHIPPENSBURG, PA 17257
by handing to
ANN DINGESS (WIFE)
a true and attested copy of COMPLAINT - REPLEVIN
together with
NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
r:~vt:~t
R. Thomas Kline
01/08/2001
ERIN P. DYER
Sworn and Subscribed to before By:
me this II"!::. day of
(~M( . .2vvf A.D.
f~~;&;o~o~~ri ~
-
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iIH'M
SHERIFF'S RETURN - REGULAR
,
CASE NO: 2000-08296 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
LUCAS LOIS A ET AL
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
DIGNESS ANN
the
DEFENDANT
, at 0014:00 HOURS, on the 6th day of December, 2000
at 83 RUSTIC DRIVE LOT 132
SHIPPENSBURG, PA 17257
by handing to
ANN DINGESS
a true and attested copy of COMPLAINT - REPLEVIN
together with
NOTICE
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
So Answers:
~~~.~
R. Thomas Kline
01/08/2001
ERIN P. DYER
Sworn and Subscribed to before
me this II'!::. day of
Qu.C;Cf ,;pul A.D.
~{2 ~ lfa'f~
Prothonotary'
By:
Deputy Sheriff
.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
No. Oc> - f ,;;{q 10
CwJ I~
v.
Complaint in Civil Action - Replevin
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Filed on behalf of:
GreenPoint Credit, LLC
Defendants.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
TRUE CQPY FROM RECORD
In T86tImony.Wh8reof,1 !i0rellllto~,my.l1land
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. Pro oIIotal'Y
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Lois A. Lucas, Harry M. Shaw, Ill,
and Ann Dingess,
)
)
)
)
)
)
)
)
)
Complaint in Replevin
CIVIL DIVISION
Plaintiff,
No.
v.
Defendants.
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 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Curt Long, Prothonotary
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013 - 3387
1.1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
v.
Complaint in Replevin
Lois A Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit, LLC, f/kla Bank of America, by and through
its attorney Erin P. Dyer, Esquire and avers the following in support of its Complaint in
Replevin:
1. GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff' or "Green Point,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Lois A Lucas, Harry M. Shaw, III, and Ann Dingess, hereinafter referred to
as "Defendants," are individuals whose last known address is 83 Rustic Drive, Lot 132,
. Shippensburg, PA 17257.
3. On or about April 21, 1998, Defendants purchased a 1998 Marlette
Manufactured Home, Serial Number T089633AB, (the "Mobile Home"), from Country Side
Village Homes, (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A"
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4. Bank of America perfected its security interest in said Mobile Home by having
an encumbrance on the title thereto. A true and correct copy of the Certificate of Title is
attached hereto as Exhibit "s." Bank of America assigned its interest in said Security
Agreement to Plaintiff, GreenPoint.
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$55,600.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
6. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of November 14, 2000, the Defendants' payments of
interest and principal were in arrears in the amount of $993.72. Pursuant to the
Acceleration Clause in. the Security Agreement the amount outstanding as of November
14,2000, is $55,735.50.
7. Plaintiff provided Defendants with thirty (30) days notice of intent to
repossess the Mobile Home. A true and correct copy of the notice of intent to repossess
the Mobile Home is attached hereto as Exhibit "C."
8. Defendants failed to cure the default or return the Mobile Home upon
Plaintiff's demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
10. The Security Agreement provides that in the event of default:
a. Defendants will pay the reasonable attorney's fees of seller or of
seller's assignee, provided that prior to commencement of legal action such
fee shall not exceed $50.00;
b. Court costs and disbursements; and
-
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c. Costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
11. In order to bring this action GreenPoint Credit, LLC was required to retain an
attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
poss~ssion of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered .by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC,
alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
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13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendants in the amount of $55,735.50 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
~
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Lucas_Shaw\CM
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CliENT: CF &MCI Other- FILE:
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DATE: If /.2.1 /2000 TIME'
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Telephone Conference With: CAG
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(.""01/;:1,.. t;'~ - $I.IJlI"...sJII':f I'~'f.e"'" J,ft,
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Slip' Number:
Initial and Date:
/
/00
Fcl'low tlce lrn;tI'uc'OOns:
l-nitial and Dare:
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COMPLAINT IN REPLEVIN PROCEDURE
COUNTY OF Cumberland. PENNSYL V ANlA as of the following date 11/21/00
Contact Person:
Telephone Number:
Telefax Number:
Fee for filing Complaint:
Fee for Judgment Ent (DJ):
Fee for DJ WP
Fee for RCM:
Fee for Issu WP
Fee for Issu WE
Special Notes:
Prothonotary's Office
Curt Lon!! - Prothonotary
(717) 240-6195
J 'I~J 0
Contact Person:
Telephone Number:
Telefax Number:
Fee for serving Complaint:
Special Notes:
Sheriffs Office
R. Thomas Kline - Sheriff
(717) 240-6390
.fIll
Flat Fee:
Flat Fee Per Defendant
Based on Mileage - Must Call
Other (Describe)
FILING:
L:\New Fonns\County Info\Cumberland\REP PO and SO.wpd
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VERI FICA TION
Don Turosik, Collection Manager and duly authorized representative of GreenPoint
Credit, LLC, deposes and says subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are
true and correct to the best of his knowledge, information and belief.
~~~
Don Turosik
Collection Manager
GreenPoint Credit, LLC
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NOV-15-2000 15:08 GREENPOINT CREDIT 51
HI:: I AIL IN::> I ALLIVII:I-. I vVI-. I nl-\v I, ;;I~vVnl' 1 """'................ I ,
WAIVER OF TRIAL BY JURY AND AGREEMENT TO
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE
(Contract)
aUYER{S):
NAME; LOIS A. LUCAS
NAME: HARRY M. SHAW
NAME:
eUYEl'l'S NAME:
ADDRESS: 2764 GRlu'iD PT RD
III
412 873 5827 P.03/14
. ;"''','.::'0; LOAN PLAN: "Uol U'!ol\l~ ~
FOR""
.. .:....:;; OFFICE NUMBER: 79 061
OFFICE' .
...;..,.. LOAN SOURCE NO.: 7 50191
USE"'.
:..::.:.,: ACCT. NO.:1&> /301 t~
ONLY.,';,
. .::::";~;.: FUNDING COOl;;
COUNTY: CUMBERLAND
CIiY:CHi'.MBERSBURG STATE: PA ZIP: 17501
(717) 263-9256 S.SEC.#(S): 440-62-1628 ""'174-60-5341
PFlOPOSEDLOCATIONOFMANUFACTUREOHOME' RUSTIC DR LOT 131, SHIPPENSBURG, PA 17257
'I: 'me: "myself'. or "my' me,!n all persons who sign this Contract as buyer or co-buyer, jointly and severally, and 'you" 0
'your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local officEl and, i
appr",ved, It will be assigned to that Creditor, On the date of this Contract, I buy from you on a credit sale basis the manufacturec
home described on page 2, togetl1er with furnishings, equipment, appliances and accessories inoluded in the manufacturec
home at the time ot purchase (called "Manufactured Horns").
CREDITOA:BANKAMERICA HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB
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PROMISE TO PAY: I promise to pay yoU at suoh address as you may direct the Unpaid Balance shown on page 2: of thi~
Contract (Item 5) with interest at the Initial rate of 7 .75 % 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 reoomputec
due to changes in the interest rat~, until the Unpaid Balance is fully paid. If, on 04/16/28 , I still owe any amount undel
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 i~ scheduled due date. If no interest rate is disclosed above, the initial interest rate Is the Annual Percentage Rat.
shown below.
INTEREST RATE: My initial interest rate may not be based on the index Used to make later adjustments. My interest rate mal
change 11 months after my first payment is due and every 12 months thereafter based on mOVements In the monthl}
average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federa
Reserve Boare!, which is the index rate. My interest rate cannot increase or e!ecrease by more than 2. 00% at any in teres:
rate change or by more than 5. 00 % over the term of the Contract. The interest rate will equal the index rilte in eflec:
45 days before the interest rate ohange date piuS a margin of 3 .75 % (rounded to the NEAREST 1/8
of OM percentage point) unless the interest rate oaps limit the amount of changEl in the interest rate. If this index rate isnc
longer available, you may choose a new index that is based upon comparable information.
ANNUAL' FINANCE CHARGE Amount Financed Total of Payments Total Sale Price
PERCENTAGE The amount! will have paid The rotal oost of my
RATE aft"r I have made all purchase on credit
The dQllar amount the ThQ amount 01 Cf9dit payments as ~cheduled (wnich Is subjsct to
TM8 QQSI of my cr~di~ as credit will co,st me (which prdvlosd to me or on (booed on 1110 current change) Including my
. yeerty rele (which i. Is subjecl10 ohange): my behalf: Annual "erellntage Rale down pa6ment af
subjecI to'change): which 's subject to change}: $ ,170.00
. 8.97 % $ 106,121.08 $ 55,520,00 $ 161,641.08 $ 167,811.08
;:;~;:;,ciSeG #7 loaoo 2) . Fin: C"~roe .. ",,;;cuhiAn. ij-otarF';;~~+oCwnPa;;;';;'~t
5B13 Conlract terms for addldQnallnform
abc,ut nonpayment, default, l'8C!uirad rep
In tUII betore Ille scheduled dale, and
prepayment refunds and penaltie..
Prepayment If I P'Y off .ar1y. I will not
have to pay a ponally. but I will nol b.
~nUtled to a refund of the Prepaid
Finance Charge,lt any.
Sccurily: 1 give you 0 soOtJrily Intera.t in the goods or property being purchased.
L.a.le Cherge: II a payment ia more than .15 dayalale. I will b. charged 2 % 01 the unpaid .mount of such payment, not to exceed
$ 5.00 ---
Variable Rate: My ConlTaC! contain. a vari.bl. ratalnture. Disclosures about the vari.ble rale fealUre have beon provided 10 me ear1ier.
A~umpUon: $omeClnebuylng my Manr.rla.cfured Home may. under certain clrcumSlanees. be allowed to assume the remalndl!lfof the Contraetol1 the
origlnaltarms.
Estimates: All MumsrieaJ di$ctosure.sexeeptttte late payn'1entdfscia-sl,lres are estimates.
.~on ,':NUmbercI':: Jji;g~~~:~~ '. ....'~.:;~;:!:EJ:'~~~;~'i~fu!;~~~~:R1i~_i~F.d:.?";::~:_>.:...
eyrnenl :q?,iiiiiienfS::
'~~~:~;:~~'~~~F 12 S 3 97 7 6 Monthly. beginning MAY 1 6 19 98
payijj~f 3 4 8 S 4 5 0 7 7 Monthly. beginning MAY 16 19 99
si:ilieCliiie': S 0 0 MOnthlYI begirmi~g 19
-
:~(i~~}f.~; s 0 0 Monthly. beginning . 19
-
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The above disclosures are based on terms in effect on the date this Contract is signed. If the interest rale changes, actual Amount
of Payments, Annual Percentage Rate, Rna~ro (".,'''~.. Md Total nf Pavment. will be more or less than disclosed above.
P.t\3!Q8ACI.IJ497
PAOE 1 Qf!~
EXHIBIT "An
Security Agreement
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-
NOV-15-2000 15:09
GREENPOINT CREDIT 51
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412 873 5827 P.04/14
T!'lAO~NAMe: MARLETTE HOMES/SCHULT COR
Description 01
Manufactured
Home:
MODEL:2994 -11
YEAR: 9 B New: x USED:
SERIAL
NUMBERS:TO 89 6 3 3AB
. ITEM.' . ., II.co:::'SEi=liAL<NUMBER' ...
ADDITIONAL AIR CONDITNG
ACCeSSO!'lIES GUTTERS IDOWN
AND FuFlNISHINGS: SHED
LENGTH: 56
WIDTH: 28
It
It
rrEM:i,:: .. ,I I"" seRIACNUMBER':, " ,l
SKIRTING
ANCHORS
DECKS
.. " rH'''' ".ITEMlZATlON OF AMO.uN];~ F1NANeED~:,:;;,;";,
1. Cash Price (Indudlng Sales
Tax of $ . 00 ):
2. a. Cash Down Payment.. .. $
b. Trade.!n (Year, Make, Model):
Length Width
Gross Value $ . 00 Uens S
..,.,:c.:'.::o.....
041498
...."" S 61,645.00
6.170.00
.00
(Sener 10 pay On)
.00
6.170.00
55,475.00
Net Trade. In Value S
lotal Down Payment. ......... $
3. Unpaid Balance 01 Cash Price (1 minus 2) $
4, Amounts paid 10 other. on my behalf:"
a: To Insurance Companies:
(1) Property Insurance.,
(2) Credit Ule Insurance..
b; To Public Officials:
. (1) Certificate of TiUe
(2) FILING FEES
c. To Creditor:
.. For:
d. To:
For: NOT.l\RY FEES
,00
,00
$
$
S
$
22.50
5.00
.00
.
$
S 17.50
e. To:
For:
$
.00
f. To:
For:
$
,00
g. To:
For:
$
h. To:
For:
$
Total (a +b+ c+ d +e+ f+ g + hL.. $
45,00
5. Unpaid Balance (3 plus 4)....
$ 55,520.00
6. Prepaid Finance Charge.. "'"'''''''''''''''''' $
.00
7. Amount Financed (5 minus 6L". ............ $ 55.520.00
* I understand and agree that a portion of certain of the.s amountli
may be retained by you or your affiliate,
." ",':,::;::"~':',>::c.'::.IN$URANCE:"":.1,,,;::,;:::,:,j:c::,'.":,,"
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 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
OMOS $ .00
$
$
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 n"me(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly.)
This insurance may not payoff 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:
~hysical Carnage CovQrage
BROAD FOR.^'!
Type of Coverage
Term
Premium
_ Single
$
S
Joint
Date
.
(signalUre)
Date
(slgn'lure)
(If join! coverage is de.ired. both propo.ed insureds must sign.)
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NDV-16-2000 15:09 GREENPDINT CREDIT 61 412 873 5827 P.05/14
VARiABLE RATE;
a. Monthly Payment changes. My monthly payment amount will change each time my interest rate is adjvsted. The month):
payment amount will fully amortize the remaining unpaid balance at the adjusted Interest rate in equal monthly payment:
Over the remaining term of this Contract.
b. Notice of Intere$l Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate an'
monthly payment at least 25 daY$ ~efore the adjustment. This notice will contain information about the index rate, interes
rate, payment amount and remaining unpaid balance.
c. ConversIon to Fixed Rate. I may choose to convert this Contract to a fi::led rate Contract at any lime beginninl
ZERO years from ItIe date of this Contract and ending 30 years from the date of this Contract. Ir
order to oonvert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of m~
desire to convert to a fixed rate, i must exec:ute a revision agreement and I must pay a nonrefundable conversion fee. Th.
new fiXed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive m)
written not~icalion. The new fixed rate will lake effect on the 'Conversion Date,' which shall be my next payment due dat~
that is at least .30 days alter your timely receipt of a revision agreement signed by all Borrowers together with .
nonrefundable conversion fee of $ ZOO. 00 . The new fixed rate and the Conversion Date are SUbject te
change ~ my revision agreement and fees are reoeived alter the date specified in the revision agreement. My new paymen
amount will be effectJve with the first payment following the Conversion Date,
SECURITY INTEREST: I grant you a security inlerestundertheUniform Commercial Code in (1) the Manufactured Home and ir
all goods that are or may hereafter by operation of law become accessions to iI, (2) all appliances, machinery, equipment ane
other goods turnished with the Manufactured Home (whether or nOf Installed or affIxed to it) including but not limited to the item!
Iisled as 'Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned Insurance premium~
financed in this Contraot, (4) any substitutions or replacements of the foregoing, and (5) all prooeeds of suoh Manufacturee
HOme and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment ane
performance of my obligations under this Contract, inoluding any additional debt arising because of my failure to perform ml
obligations under !his Contract and includes any contractual extensions, renewals or modifications. My exeoution of this Contrac'
constitutes II waiver of my personal property and homestead exemption rights to the personal property herein described. I wil
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect yoU!
security interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction !hereo'
in the real estate records or other appropriate index as a financing statement for any of the items specified above. Ani
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals. 01
amendments thereof. shan be sufficient to perfect a security interest with respect to such items.
PREPAYMENT; I MAY PREPAY THIS CONTRACT IN FULL ORIN PART AT ANY TIME WITHOUT PENAL.TY, 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 fOI
the term of this Contract against loss by fire, hazards included within the term "extended coverage" ;lnd 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 baiance I owe from time to time on this Contraot (the 'Minimum Coverage").
The insuranoe polioy will contain a loss payable clause protecting you (as your interest may appear), and prOVide for e c,
, a-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 ohoose the person through whom the property insurance policy is obtained. If my insurance
coverage expires or is cancelled prior to payment in fun of this Contract, I must obtain no less than the Minimum Coverage a:
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are no'.
obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only yoU!
interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be (or suoh reasonable period a{
you determine. If you deoide, in your sole disoretion, to obtain insurance, you will notify me of that fact and that the cost, plu{
Interest at the Contract rate, will be added to my debt. I will repay such amount during Ihe term of the policy in the mannel
requested by you. I understand Ihat the insurance premiums may be higher if you musl purchase Ihe insurance than might bE
the case if I had purcha~ed the insurance, and that you may purchase the insurance from an affiliated company which ma~
receive a profit for this service.
PA~44U7
PAQE3CF7
ORIGINAL coPY
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GREENPOINT CREDIT 51
412 873 5827 P.05/14
b. Assignment and Application 01 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, sucM as earthql.lake insurance, whioh in
type or amol.lnt is beyond the Minimum Coverage. In the event of a loss to tMe Manufactured Home, I sMail give prompt notioe
to you and the insurance carrier. III fail to promptly notify or make proof 01 loss to tMe insurance carrier, you may do so on my
behalf. All physical damage insl.lranoe prooeeds, inoll.lding 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 suoM restoration or repair is not
economioally 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 sMail apply the insurance proceeds to tMe remaining unpaid balanoe
of this Contract, wMether or not then due, and give me any excess. I authorize any insurer to pay you directly. I Mereby
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtain sucM
insurance payments.
LATE CHARGE: I agree to pay a lata oharge for late payment as sat forth on the front 01 this Contract. Only one late CMarge will
be made on any delinquent installment regardlen of the period for which that installment remains in default. After this Contract
matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the aotual charge of the dishonoring institution (or such higher amount
as allowed by law) n any check given to you is not honored because of insufficient funds or beoause no such account exists.
EVENTS OF DI;FAUL T; I will be in default undar this Contract ff: (a) I fail to make any payment when due; (b) I fail to timely
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which the
Manufaotured Home is locatad: (c) 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 seli or to transfer any beneficial interest in the Manufaotured
Home without first obtaining your written consent; (g) I allow the Manufaotured Home to become part of any real estate without
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 Manufaotured Home or on the real property on which it is
located, if tMis is my responsibility: and/or UJI fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT: If IIny of the above specffied Events of Default have occurred, you may do whatever is necessary to
correct my default. You will, except as set fortM below, first give me a Notice of Default and Right to Cure DefaUlt" before you
accelarate payment cf tMe 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 can oure 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.
CUFlE OF DEFAULT: I may cure a default at any time before title to the Manufaotured 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) ali amol.lnts
which would have been due in the absence of default and acceleration: (b) the attorney fees set forth below; (e) any late charges
that are due; and (d) reasonable costs whioh are actually inourred for detaching and transporting the Manufactured Home to the
site 01 sale. I must aiso 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 both of the following at the end of the notice
period, as allowed by applicable law: (OIl 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 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 except as 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 conb-ollersy or claim between or among you and me or our assignees arising out of or relating to
this Contract or any agreements 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 arisingJrom a Single transaction, shall be determined by arbitr"ti9n 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 ~~scribed below. YOU AND I AGREe
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NOV716-2000 i5:11 GREENPOINT CREDIT 61 412 873 5827 P.07/14
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TRIAL BY A JUDGE.
,
b. Arbit/lltion. SInce this Contract touches and concerns interstate commerce, an arbitratIon under this Contract shall b~
conducted In accordance with the United States Arbllratlcm Act (Title 9, United States Code), notwithstanding any choIce 0',
law provision In this Contract. The Commercial Aules of the American Arbitration Association ("AM") also shall apply. The
arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim. Any controvern)
concerning Whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be ir
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be enterec
in any court having jurisdiction, and no challenge to entl)' of judgment upon the award shall be entertained except a~
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice.
c. Jl,ldicial Reference or Trial by a Judge. If ",quested by either you or me, any controversy or claim under subparagraph (a;
that is nQt submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointe"
by the court Who, sitting alone and without jury, shali decide all questions of law and fact. You and I shaii designate to the
court a referee selected under the auspioes of the MA In the same manner as arbitrators are selected In AM-sponsore"
proceedings. lhe referee shaii 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 jul)'.
d. Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shaii not limit any rights that you or I
may have to exercise seff-heJp remedies such as set.off or repossession, to foreclose by power of sale or judiciaiiy against 01
seii any coiiateral or security, or .to obtain any provisional or ancilial)' remedies from a court of competent jurisdictiQn before,
after or during the pendency of any arbitration under subparagraph (b) above. NElIther 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
ccmtroversy b(l determined by arbitration as provided above.
ATTORNEY FEeS: If I prevail In any legal action or arbitration proceeding which is commenced in cQnnection with the
enforcement of this Contract Qr any instrument or agreement required under this Contract, or In connection with any dispute
relating to this Contraot, you will pay my reasonable attorney fees, court costs and necessal)' disbursements incurred in
connection with such actiQn Qr 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 se~-he'p remedy as described abQve, I will pay any
court costs and necessary disbursements to the fuii 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 YQU to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that wiil become due within the
next twl/lve-month period; (b) to pay YQU a transfer fee if I seil 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, frQm the date of maturity until paid in
full; (d) to reimburse you, immediately upon YQur demand, with interest at the Contract rate, the amQunt of funds you actually
advance on my bl/half to correct my defaUlt; and (e) that if I am married, and residing in a cQmmunity prQperty state, both my
community property and separate property will be liable for all payments due under this Contract.
ASSIGNMENT: You may assign this Contract to any pl/rson Qr I/ntily. All rights grantl/d tQ you under this Contract shall apply to
any assignsl/ of this Contract.
CREDIT INFORMATION: You may investigate my credit histol)' and credit capacity in connection with opening and collecting
my aocount and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish
information about me, including Insurance informatiQn, to ail Qthers who may lawfully receive such information. You may furnish
specific information about the Manufactured Home and any insurance policies on the Manufactured Home tQ any insurance
agent to enabie $uch agent tQ 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 this Contract shall be changed
unless in writing and signed by one 'If 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
Ghall be ineffective only to the extent of such prQhibition or invalidity, without invallda~ng the remainder of such provision or the
PA3S0S4lJ..QA91 PACle 5 ef! 7
ORIGINAL COPY
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NOV-16-2000 15:12
GREENPOINT CREDIT 61
4128735827 P.08/14
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In 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 law, such choice of state law
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
.... .. ..... '.. ..... ........ . ........... ._.~,,~il:I:t:2::,j3S~1,.rf:.;i~~;;i~1:~~ff'~:\.;::..N~~(;E :':.' .. ";C':'""',::,,,:,,,.,,:, .::::_~'.:~_ ,:.:<,:~.' . ..'. ..
". ANY HOLDER. OF. THIS CONSUMER: CREDiT'CONTRACTISSUBJECTTocAL[:ClAIMS AND DEFENSE!rWHICH'; '.
'Jli('[j~~TO~:9gU~P:",~~~g:~T5\~~f.t{~t;:;r~~':S~k~g~;'OF'. Go.()I?S::.:Q:~i:~~~Y!9:~ii.'cle:rAi~ED.: ~q~!qArilt:
. HERETOORWlTl:=llJ'lE PflOCEEDSt:!EREOF,'RECOVERY HEREUNDER BY THE DEBTOlfSHAtfNOT'Ex;CEEO ..
, AMOUNTS PAIOSVTHEOEBTOi:f'ffEREU'j;j'DER;:."'-'" ',:::;::'''';:'',.:'. ':.......:....'.....:. :.'...:.:.:,:'...,....: .
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YOU AND I HAve READ ANC FULLY UNDeRSTAND THIS CONTRACT, INCLUOING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTes BY ARBITRATION. REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND
AGREE THAT THIS CONTFlACT seiS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACCEPTED: TOo forooolng Controct i. hereby a>signed undor Ih. term.
of Ih. Assignment on page 7.
If you do not meet your Contract obligations, you
may lose your 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.
SWER(S) GNATURE(S): .
COUNTRY SIDE VILLAGE HOMES INC
SELLER;
~~~~~~~: 2023 LINCOLN WAY EAST
ERSBURG,
172010000
SELLER'S
SIGNATUR .
SELLER'S
TITLE:
DATE OF THIS CONTRACT:
4// r--lyV
I
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF 'j" S CONTRACT.
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GREENPOINT CREDIT 51
412 873 5827 P.09/14
TO CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail installment contract ("Contract") signed by one or more buyers ('Buyer'), SELLER represent,
and warrants that: (1J Buyer's credit ::;tatement submitted herewith is oompletely accurate unless otherwise specified; (2) Buye
was legally competent to contract at the time of Buyer's executon of this Contract; (3) this Contract arose from the bona fid,
sale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specifiec
and nO part thereof was loaned directly. or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, ,,,ceived as an)
part of the down payment is accurately desoribed on page 2 and has been valued at its bona fide value, and any amount owec
on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to 0
contemporatteously with the a$signment of this Contract to Creditor; (6) there is now owing on this Contract the amount set fortr
herein; (7). this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against eacr
purported signatory thereof; (8) Seller ha::; the right to assign this Contract and thereby to convey good tille to it; (9) in lhe even
of any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home o.
other property or consideration transferred pursuant to this relail installment contract, Seller agrees that it will indemnify and hole
Creditor harmless from all such olaims and defenses as well as from all costs reasonably inourred by Creditor in oonnectior
therewith, inc::Juding but not limited 10 reasonable attorney fees and court costs: and (10) in aocordanoe with the Fair Credi'
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 inlerest in this Contract and the proper!)
which is the subject matter hereof and authorizes Credilor 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 par
hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasin,
this Contract
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ll'lll'li=l !;:gntred \he ....ord~ '\', 'Me' atl4 itv' reler Il:Ilh" Buyer 8Ild the CO-tlllYVf i!l,,"ln~ (hie (.lontre~. Tne wcl'd$ "'Yo.." and 'yoyr' relet 10 Ihe tleal".
01.1 i! rell 10 E111 I;nd r a r&lll Ie:! 'no follewl" ribed UM
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mNG MA~IALS CQ.Qft
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rr1l UV AUPONsII1L.rr't Td PROvm:E:": $tjpl'<ljm' $'r$'miI THAT'
~ UQ'tM NUC A)<<) l..OCAL RUh..tllNII COO! ReQUtREMENTS.
1HEa..:! .o\Xl..E5 AND HITCHES NOT INC~UOEO.
KIRnNG IN5TALJ.AnON NeT GUAF'JINireeo AfloVE;)O",
~CMAAGe FORIW.C:!NGAS ReOORED.
il.SVlaINGI5AT>.n'EXFEll:lE'
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E IS AN AOoe.tJuu TO 'l"H19 CCC\N.ENT
len Ii' n~ "."'I'W1Clt. mobllt beme an rMTIaln 1$V111 wtttn pracect on .ny Jurl'.ace O'U'llJr
PJ,n \h.t of tll,e!l't"D' or Concrat..
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~ neGltIUuHY ccm~t1ona" and adjuatmtntJ eonceml"S chang.. In net
; payoff an trade.fn to be mad. It the time of 'cUltme"t.
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hlUletl C8rtlty trill matter I:IrtntllC on the tlSt;lc hereof has b:nn read and agreed IO,U part oll!'!.ls :Jgreomenf tho 38me .. l./'l(llolgh It were prlmwd ~o\'e me signaturlQ: thaI
~ art! of ttBtu\ory age or older. or nave bINn legally emal"ldp..tud. ttlat tI'Io wllhin desc:rltled" marcflal"ldlS;8, the ClI'ucnal 9O.ulpl'T\ont and acceS$CIri"5 hereon irl4, IMurafICa II
~.d. hili b&ln voh,lntlflly purchased. The I'l'Oplfrty belt'lg- tradeq " free from all 'n~brancu w/'lat!laaver, ell~plad. as ng1ad abcvo. Pun.nWler Ggroe:a es.ch .,arag:repn and
slot! Of this C(lntracf on ~oln from and bal:lc Is -SOvarabl., If I;ne PQrtign lMr~1 Is [MaJId the fom1lining ~ol1lon snail I1svorth",le88. remf;in in full force and efle<:l
, AG_EHT CONT....NS THE ENT1REUNgER~ANOING BETWEEN YOU AND /olE AND NO OTHeR REPRESmrATM; OR INOUcaoiNT. VEIl8AL OR WRITT&N. HAS
BUN MAOE WHICH 15 NOT CONTAINED !NTHIS CONTRACT.
SIGN
I WE AClOIOWlSIlCE IliCEIPT OF A COpy OF THIS OIlDER AND THAT L OR W
:tACT CQPmNGlIn'"\lJtOH IUHjOERlAL.ANO FlXANCtAl.APHl:OVA1.
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SOCIAl. SECURJTV HQ.
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lluTMORlUl RIiPRE;EN1,^TIVE
031007
BANK AMERICA HOUSING
SERVICES FSB
qUO SOUTHPOINTE BLVD
STe 230
CANONSBURG PA 15317
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EXHIBIT "B"
Certificate of Title
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NDV-16-2000 15:16
GREENPDINT CREDIT 61
412 873 5827 P.13/14
400 Suuthpolnte BQulf.!viIJ'd
Soutbpointe PIOlZa 1, ,Suire 230
Canorn;burg. PA )5:11;'
T~L (724) 873.5825
Fa., (724) 873.5825
August 23, 2000
LOIS A. LUCAS
HARRY M. SHAW III
83 RUST! C OR
SHIPPENSeURG PA 17257
GreenPoini ~ Credit
RO' Manufaotured Home Loan' Aocount #000006130118000001
NOTICE OF INTENTION TO ACC~~ERAT~. COMMENCE LEGAL ACTlQU OR REPOSSESS
You are now in default on your Manufactu~ed Kame Lean Contr~et. tf you correct the default, you may
~Qntir.ue with the ccntr~ct ~~ though you did not default. .Your default c:n~i5t5 of failure to ~kc tirn~ly
payments of QMe Qr more installments ~s ~greed to in the t~rm5 of tM~ contrn~t.
Tnfrty~one (31) days after th~ d~te of thfs notfcer we m~y h~ve the right to comrr.cnce legal action and
repossess your manufactured Mome_
e~r~ of default; Your may cure your'def~ult by m~klng pa~e~t 1~ the amount indicated be~o~:
P.st DUe MonthlY Payment(.)
$
963.48
Late Cl'lllrge{S'
$
15.00
Total Due Now
$
978.48
creditor's ri8~t~: Any p~rtial ~ayme~t of the ~~OUnt due ~hich i~ r~ceived by us will be epplied to your
\1cccunt. You \.lill need tl;l' pey the Tull llmOlJnt by tt-,e ddt<!! lr:dtc::ated above in Qrder to 'ure your default. r1
you do not correct yeur default within 31 days due from the pcstmorkcd clute of this ~otice, He may
exerci~e our rights ~g~inst you under the law by ~cceler~tins your debt and either reFoasessl~S your
manufa,~uied home or, if neGessary. biinging a Court action to obtain possession of your manufactured
heme.
It we etee: to ~xerc:SQ ou~ rights against you by repossession of the manufactured home you may, ~t ~ny
time berore we selt or otharwise dispose of the m~nuf~cturd home or enter into e contrU~l Tor its 3~le or
other disposl:ion. C~hich shall be at lea't 45 day~ after po~tm~rk of this notice}t redeem the m~~ufactured
home by paying us nll amountS due ptu5 e~penses reasonably i~curr~d ~y us in detaching and tr3nsporti~9
the manufactured home to the site of the $ale and our reasonable ~t~or~eY'$ fees, to the extent ~ermi!!ed by
taw, plUS eou.t costs.
If you have any ~ucstionSr ~rlte to us at the addres~ above or call me ~! th~ phone number listed above
between the hours of 6:00 a.m. and 5:00 p.m., MQnday ~hroush Fridey,
11 this dCf~ult WgS caused by your faflure to make a pdym~nt or pGyments, ~nd you want to pay by mail,
please send ~ check or money order. Do not 5end ca$~.
Manager
CCo File
rf any additional regyt~r p~yment becomes due during this cure peri ed, thfs payment must ~lao ~aid in
order ~c iVQfd any fu~ther default. Thi$ cQrr~~~ondence is ijn atte~pt to collect i ~ebt ~~ any
inTormotfQn obtained will be used tor that purpOse.
.. .
PA (144)
....... .......
EXHIBIT "en
Notice of Default
=,. ,~ _"~~~~.~>, _" ,~~ _ ,",.~ ",' ,c' .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8296 Civil Term
CIVIL DIVISION
v.
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the above-captioned Complaint.
xP
Erin P. Dyer, Esquire
Attorney for GreenPoint Credit, LLC
PA Attorney 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
'i1................./
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8296 Civil Term
CIVIL DIVISION
v.
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants.
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff GreenPoint Credit, LLC
and against Defendants Harry M. Shaw, III, and Ann Dingess for their failure to plead
to the Complaint in this action within the required time. The Complaint contains a
notice to defend within twenty days from the date of service thereof. Defendants
were served with the Complaint on December 6, 2000 and their answer was due to
be filed on December 26, 2000.
Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File
Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to
the Defendants at their last known address and to their attorney of record, if any, on
December 27,2000, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1998 Marlette Manufactured
Home, Serial Number T089633AB, that being ts~ the Complaint.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Attachments:
Ten Day Notice
Affidavit of Non-Military Service & Last Known Address
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8296 Civil Term
CIVIL DIVISION
v.
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants.
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this affidavit on behalf of the within Plaintiff, being so authorized
avers that Defendants' Harry M. Shaw, III, and Ann Dingess place of residence is 83
Rustic Drive, Lot 132, Shippensburg, PA 17257, and that they are not in the military
service of the United States or its allies, or otherwise subject to the provisions of the
Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50
U.S.C. ~ 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
/~
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
.11
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
) D;,CIVIL DIVISION
)
) " No. 00-8296 Civil Term
)
)
)
)
)
)
v.
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants.
{< .1L}:~_
Via Certified Mail # 01 8885 4732
and Certificate of Mailing
Harry M. Shaw, III
83 Rustic Drive, Lot 132
,Shippensburg, PA 17257
Via Certified Mail # 0188854749
cO and Certificate of Mailing
Ann Dingess
83 Rustic Drive, Lot 132
Shippensburg, PA 17257
Date of Notice:
December 27,2000,
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY A TTORNEYAND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO ;rHE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
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:
Curt Long, Prothonotary
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthous~'Square
Carlisle, PA'1-7111-u'- 3387
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Erin P ,squire
., ';Attorney for Plaintiff
.2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:IGreenPointILucas_ShawITDN_Shaw & Dingess.wpd
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
,
PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 00-8296 Civil Term
CIVIL DIVISION
v.
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendants.
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary, kindly issue Writ of Possession in the above matter and direct
the Sheriff of Cumberland County to:
1. Deliver possession of the following described property to GreenPoint
Credit, LLC:
1998 Marlette Manufactured Home, Serial Number T089633AB.
2. Inform Harry M. Shaw, III, and Ann Dingess thatthey have ten (10) days
to remove personal items.
3. After ten (10) days a motor truck will transport the 1998 Marlette
Manufactured Home to a predetermined area or the Plaintiff will secure the Mobile
Home with a new lock for later transport.
4. Levy upon any property of Harry M. Shaw, III, and Ann Dingess
remaining after the above-mentioned time period and sell their interest therein.
~~
,
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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have poss-essi'On of r-h~ premises described wi~h the :l.ppurtenance5~ 3.nd ___________________________ ____________
__________J_~~~_~~~_~~__~~~~_~_~~:c~_~~_~~_~~?~_~~~~~_~~~_J:~~~~~_~~~~~______________________.
fran Attorney. .." I"~;
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Sheriff's Costs: $ 39.00 refund to atty $ 61.00 ~~ ~ ~:
~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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GreenPoint Credit LLC
- -- ---- - - - --------,-----~-- ~ --- - -- ------ - ----
T)i THE COCRT OF COM "ION PLEAS OF
CL:,lBERL..I..'<1) COl-y,ry, PE'r:-.rSYL V.-\..'fI.-\.
"fa. ____QQ-=-.?)_'!.~u__u__u___<;;~yj.J._ Term
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_____~__________________________ ~~rrn
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~..Ear4..M--Shawr-.mr-
,.l.ct',". __u_____unn___u_______u__ s___1~7_'_~:~u
and Ann Dingess
Pl'ff (3') _____________________________ $____________
P:-ochv. _______u___u______u_______ $_____LllJl__
CO:VCvIOi'IWEALTH OF PE;--'")iSYL Y.-\;'1.-\;
COl":"iTY OF Cl;:vIBERiL.-\..'ID:
TRUE COpy FROM RECORD
III T Mtimooy wlIefeof, I here unto SIt 111I1 hanG
aM ltIe ~91 said ~~ Caru.!8, Pa.
'- T'j~~G ~ '~?N~.J;~
PrnttIonotary
To the Sheriff oi -_____~~5'E~~~9_uu____________ Counrv, Penna.
(1 '! To sa'tisiv cl1e judgment ior Dossession in ~~e 3.00 'Ie rnar::e~ 'leu J.re d~.rec:ed :0 de~\'e: possession cr: the
;oHOw~g described property .to: ' .
- -------_..JlI:eeoP.nint_J::J:edit.._ .LLC_____ ____ _ ___ _ __ __ u __ _ _ __ _____ _ ______ __ _ ___ _ __ _. ___ .___u_ __ _ _"_ __
~----------------'-------------------------------------------------------------------------
PIainciff l'
being: !.Premises a.sfQllows) :
1998 Marlette Manufactured Home
Serial Number T089633AB
You are directed to inform Harry M. Shaw, III, and Ann dingess that
they have ten (10) days to remove personal items.
After ten (10) days a motor truck will transport the 1998 Marlette
Manufactured HOrne to a predetennined area or the Plaintiff will secure the Mobile
Home with a new lock for later transport
(2 To~' me cos!> against me defendant (l) you = dJrecwi to levy ,,;>on any }leapec,,! 01' 7he cd"".,
dant ,:r and .ie1f his her . or chei:-' interest ~!1erein.
Date _____~~!:l;t~~_~}_~_~g.PJ"'__________
(SEAL )
. __ _ __ _ --___ ___ ~'!!!_~~ _ ~; _ !:et:!L_ _ _ __ _ ____ _ _ u__u
Peachono'ary. Common Pleas COUrt of C=bedand
Count''! Penna. ~
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Deputy
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SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 2000-08296 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS.
LUCAS LOIS A ET AL
R. Thomas Kline
, Sheriff
of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT
,LUCAS LOIS A
by United States Certified Mail postage
prepaid, on the 19th day of January ,2001 at 0008:00 HOURS, at
712 E 9TH ST
SHAWNEE, OK 74801
a true
and attested copy of the attached COMPLAINT - REPLEVIN
Together
with REINSTATED
The returned
receipt card was signed by LOIS LUCAS
02/02/2001
on
Additional Comments:
Sheriff's Costs:
Docketing
CERT MAIL
Affidavit
Surcharge
18.00
3.87
.00
10.00
.00
31.87
~~--~//
R. Thomas Kline
Sheriff of Cumberland County
Paid by ERIN P. DYER on 02/07/2001 .
Sworn and subscribed to before me
this /.2~ day, of J..l...u;
ch<J)J A. D.
n "La,~,~
~honotary
Complete items 1 , 2~ and 3. Also complete
item 4 jf Restricted Delivery is desired.
II Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
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1. Article Addressed to':
o Agent
o Addressee
DYes
DNa
Lois A. r,ucas
71;> E. 9th St
Shawnee, OK 74801
3. i~tv'ce Typ\.
~. Certified Mall
o Registered .
o Insured Mail
4, Restricted Delivery? (Extra Fee)
2. Article Number (Copy from se!VJce label) '/ f'J' q f ^
7099 3400 00185000 3234 /0- ,yfJ,'U
PS Form 3811, July 1999 Domestic Return Receipt
DYes
.
1025SlS.00-M-D952
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
v.
)
)
)
)
)
)
)
)
)
No. 00-8296 Civil Term
CIVIL DIVISION
Plaintiff,
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendant.
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter judgment by default in favor of Plaintiff GreenPoint Credit, LLqand
against Defendant Lois A. Lucas only for her failure to plead to the Complaint in this action
within the required time. The Complaint contains a Notice to Defend within twenty days
from the date of service thereof. Defendant Lois A. Lucas was served with the Complaint
on February 2, 2001. Her answer was due to be filed on February 22, 2001.
Attached as Exhibit "A" is a copy of plaintiff's written Notice of Intention to File
Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the
Defendant at his last known address and to his attorney of record, if any, on march 2,2001
which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1998 Marlette Manufactured Home,
Serial Number T089633AB, that being the relief demanded in the Complaint.
?--~ ~
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Attachments:
Ten Day Notice
Affidavit of Non-Military Service & Last Known Address
L:IGreenPointILucas_ShawIDJ Only Lois OK.wpd
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;.... ',IN:kHE.G.QClR;JiDFQ:~Mt~~~L::I~Ml'@.F: GUMBERtAND COUNTY, PENNSYLVANIA,' \jC'\;
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GreenPoint Credit, LLC,
',!.\,;,/ia,""ti;ct',gIVlL DIVISION
",) No. 00-8296 Civil Term
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)
)
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'...'......')...
Plaintiff,
v.
Lois A. Lucas, Harry M. Shaw, Iii, and
Ann Dingess,
Defendant.
Via Certified Mail #7000-1530-0001-8882-4032 and
Certificate of Mailing' . .
Lois A. Lucas
712, East 9th Street
Shawnee, OK 74801
Date of Notice:
March 2, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTHAGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM. THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULDTAKE THIS 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: '
Curt Long, Prothonotary.
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square.
Carlisle, PA 17013 - 3387
-=
L:IGreenPointILucas_ShawITON Lois 'OK.wpd
FILE
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC,
v.
)
)
)
)
)
)
)
)
)
No. 00-8296 Civil Term
CIVIL DIVISION
Plaintiff,
Lois A. Lucas, Harry M. Shaw, III,
and Ann Dingess,
Defendant.
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this affidavit on behalf of the within Plaintiff, being so authorized
avers that Defendant Lois A. Lucas place of residence is 712 East 9th Street,
Shawnee, OK 74801 and that she is not in the military service of the United States
or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil
Relief Act of Congress of 1904 and its amendments, 50 U.S.C. ~ 501, et seq. This
statement is made subject to the penalties of 18 Pac C.S. Section 4904 relating to
unsworn falsification to authorities.
~ ~ ;
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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