HomeMy WebLinkAbout01-2375 FX
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/kla
GreenPoint Credit Corp.,
CIVIL DIVISION
No. 61 - ':<'.31$
Cio~('T~
Plaintiff,
Complaint in Civil Action - Replevin
v.
Beth A. Shaffer a/kla Beth A. Walter,
Filed on behalf of:
GreenPoint Credit, LLC f/kla
GreenPoint Credit Corp.
Defendant.
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC flkla
GreenPoint Credit Corp.,
CIVIL DIVISION
Plaintiff,
)
)
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No.
Complaint in Replevin
v.
Beth A. Shaffer a/kla Beth A. Walter,
Defendant.
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH 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
Plaintiff,
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)
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)
)
CIVIL DIVISION
No. 01-.;23 7s' c,;,.;.;
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GreenPoint Credit, LLC f/kla
GreenPoint Credit Corp.,
Complaint in Replevin
v.
Beth A. Shaffer a/kla Beth A. Walter,
Defendant.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit, LLC flkla GreenPoint Credit Corp., by and
through its attorney Erin P. Dyer, Esquire and avers the following in support of its
Complaint in Replevin:
1. GreenPoint Credit, LLC f/kla GreenPoint Credit Corp., hereinafter referred
to as "Plaintiff' or "Green Point," is a corporation duly authorized to conduct business in the
Cornmonwealth of Pennsylvania and has its principal place of business located at 400
Southpointe Boulevard, Southpointe Plaza I, Suite 230, Canonsburg, PA 15317.
2. Beth A. Shaffer a/kla Beth A. Walter, hereinafter referred to as "Defendant,"
is an individual whose last known address is 124 Rustic Drive, Shippensburg, PA 17257.
3. On or about July 6, 1999, Defendant purchased a 1999 Champion Dutch
Duchess Manufactured Home, Serial Number 22470E, (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. Seller assigned its interest in the Security Agreementto Plaintiff, GreenPoint.
GreenPoint perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$57,500.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of April 2, 2001 , the Defendant's payments of interest and
principal were in arrears in the amount of $1,672.99. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of April 2, 2001, is $60,328.70.
7. Plaintiff provided Defendant with thirty (30) days notice ofintentto 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. Defendantfailed 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 Agreernent provides that in the event of default:
a. Defendant 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 flk/a GreenPoint Credit
Corp. was required to retain an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp.,
requests:
a) judgment against Defendant 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 ofthe 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 f/k/a
GreenPoint Credit Corp., alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
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WHEREFORE, Plaintiff, GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp.,
requests:
a) judgment against Defendant in the amount of $60,328.70 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.
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PAID ",mO." 52748 =~
Attorney for GreenPoint Credit, LLC flk/a
GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:IGreenPointlShaffer-Walter, BethlCM.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.
CJi'-- ~
Don Turosik
Collection Manager
GreenPoint Credit, LLC
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RPR-03-2001 12:08 GREENPOINT CREDIT 61 412 873 5827 P.09/15
, MH VARIABLE RATE CONTRACT
RETAIL INSTALLMENT CON' ~ACT, SECURITY AGREEMENT, :OOii~~~ LOAN PLAN: A01 063099 i
WAIVER OF TRIAL BY JURY AND AGREEMENT TO ~g,~ OFFICE NUM8EFI: 79061 '
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE ,B~?,,~ LOAN SOURCE NO.: 750230
(Contract) :fi!.~c~~] ACCT. NO.: CDI ~y
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SUYER(S): NAME: BETH A. W.h.LTER ~;;E;~',;~ FUNDING caOE:
NAME:
NAMe:
BUYER'S NAME:
AOORESS: 347 0 WARM SPRING RD
cauwu: CUMBERLAND
CITY: CHAMBERS BURG STATE: PA ZIP: 17201
PHONE: (717) 375 - 4434 S. SEC.#(S): 182 - 58 -126 0 -
PROPOSED LOCATION OF MANUFACTURED HOMe: 124 RUSTIC DRIVE, S;.rIPPENSBURG, FA 17257
'I," "me," "myself" or 'my' mean all persons who sign this Contract as buyer or co:-buyer, jointly and severally, and 'you' or
'your' mean the Sillier and any assignee, This Contract will be submitted to the Creditor indicated below, at a local office and, if
approved, it will be assigned to that Creditor. On the date of this Contract, I b,uy from you on a credits ale basis the manufactured
home described on page 2, together with furnishings, equipment, appliances and accessones included in the manufactured
home at the time of purchase (called 'MJilnufactured Home"). ' .' f , '
CREDITOR: GRE]!;NPOIN'I' CREon CORP. ,;
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on Page 2 of this
::ontract (Item 5) with interest at the initi,al rate of 9 . 00 % per year. The interest rate I will pay will change in accordance
.nth the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed
iue to changes in tl1e interest rate, until the Unpaid Balance is fully paid. If: on 07/0 ~ /29 , I still owe any amount under
:his Contract, I will pay 5Uch amount in lull on that date, which is called the "Maturity 'Date." ,Each monthly payment will be
applied as of its scheduled due date, If no interest rate is disclosed above, the initial interest rate is the Annual Percentage Rate
,hown below. '
NTEREST RATE: My initial interest rate may not be 9ased on the index used to make later adjustments. My interest rate may
:hange 11 months after my first payment is due and every 12 months thereafter based on movements in the monthly
;verage yield on United States Treasury securities adjusted to a constant maturity cf one year, as made available by the Federal
ieserve Board, which is the index rate. My interest rate cannot increase or decrease by more than 2. 00 % at any interest
'ate change or by more than 5. 00% over the term of the Contract. The interest tate will equal the index rate in effect
45 days before the interest rate change date plus a margin of ~. 7 5 % (rounded to the NEAREST lie
)f one percentage point) unless the interest rate caps limit the amount of change in the interest rate. If this index rate is no
onger available, you may choose anew index that is based upon comparable information.
ANNUAL FINANCe CHARGE Amount Financed Total of Payments Total Sale Price
PERCENTAGE The amQunt I wm have paid The tetal eO$1 of my
RATE after I nave made ell purchase on Cf"8di~
The doller amount the, The amount of credit payments a.s scheduled (which 1$ $ubjeello
The eo$t of my cr8dlt as . credit will cost me (Which prgvided to me or on (based on t/'te eurrenr change) inciuding my
a ye8l1y rate (Which ~ i$ subject Ie C"""ge): my bohall: Annual Prm~entage ~ate - down pa~ent of
subjeot 10 Change): Which is oUbJectte chango): $ ,300.00
10.01 % S 123,204.26 $ 56,627 .50 $ 179,831.76, $ 186 , 131 ,76
1~~~'~j7::~.t~~~e:'2,:f~~j;;~;;; .iAi{[Chat6;''1f]iiij;'ii5t't#ri1~~, jj\'iliij'ai'ics."t)\j((ii;"P.>;viiieni'
Seo Centract terms fer addlUonaf inferrnaUon
abeut nonpayment, defaul~ re~uirad repaymont
in full before 1I1e selteduled date. and "
prepaymentrefundand penalUes. :Vf
Prepayment It I pay oharly. I will not ,.
havolo pay a ponalty, butl will net bo '
ontitled 10 a refllnd .1 tl10 Prepllid
Finance Charge, II any.
Security: I give you a "CUMty inls",st In the gcodo er property being pureha$ed.
Lale Charge: If a payment Is mere "'an ..l.2.. daye late, i will be charged 2
$ 5.00
Variable Ftate: My Corttract contains a varlable f';Ire featura. Die:c;;IQ~urlls about the v8.ri~ble rate feature have baE'C'l provided to me ea.rffer.
ASSUmption: Someone buying my Manufacn,ued HomemaYI under l;iertain c1rcl,.1mstanoes, be allowed ttl assume the rernaindsrof the Contract on the
on-glnal terms.
E:tUmate.s: All nUmBri~ dl.selo:;:u~.s except lt1e late paymen.tdl$clo$ures are e$tJmB.te~.
~:~~i~:~i~~I~g~~~h~ ~~.~~~~~~~~~~ft~i~;~~~~~$~~~~~t(~~fi~~~t:?!.~0
12 $ 474.09 Menthiy,beginning AUGUST 01 ,'9~9
348 $ 500.41 M "1 ' AUGUST 01 Y..,"" ~OOO
on" y, .eginning ;"1";1
$ . 00 Monthly, beginning . 19_
$ . 00 Menthiy, beginning , 19_
% of the Unpllid amouMtot such payment, nette .~ce.d
he above disciosures are based on terms in "ffnM ~~ ."~ "_L_.... -
, Payments, Annual Percentage Flete, Fin
If the interest rate changes, actual Amount
,ore or less then disclosed above.
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EXHIBIT "A"
flAlJE I OF7
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RPR-03-2001 12:09
GREENPOINT CREDIT 61
Description of
Manufactured
Home:
TRADE NAME: DUTCH HOUS ING , INC.
YEAR; 1999 NEW: X
.
USED;
SERIAL
NUMBERS: 2247 oEAB
4128735827 P.l0/15
MODEL: 5043
LENGTi-!: 6 8
WIDTi-!: 28
II.
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ADDITIONAL AIR CONDITNG
ACCesSOFlIES DECK! SHED
AND FURNISHINGS; GUTTERS
SERIAL NUMBER
SKIRTING
ANCHORS
CHIMNEY
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063099
:h:::;0",\"E:I'I'EMlzAt:IONfQFA:lVroUNT~!;IN;b;Nci:.O~i~;:~',,;;':"'c"':,,'.'
1. Cash Price (Including Sales
Tax of $ .00 ):.................. $ 62,900.00
2. a. Cash Down Payment... $ 6,300,00
b. Trade-In (Year, Make, MOdel):
Length Width
Gross Value $ .00 Uens $ ,00
(Sollor to payoff)
Net Trade-In ValUe $ .00
.. .......
Total Down Payment. ..--- ....------......... $ 6,300.00
3. Unpeid Balence 01 Cash Price (1 minus 2) $ 56,600.00
4. Amounts paid to others on my behall:'
a. To Insurance Companies:
(1) Property Insurance...... $ .00
(2) Credit Life Insurance $ .00
b, To Public Officials:
(1) Certilicale otTilie..... $ 22,50
(2) FILING FEES $ 5.00
c. To Creditor:
For: ORIG FEES S 2,266.18
d. To:
For:
S .00
e. To: .
For:
$ .00
I. io:
For: .
$ " .00
g. To: GREENP.oINT CREDIT .,
For: FLOOD FEE .. "
$ 27.00
h. To:
For:
$
TOlal (a +b+c+ d +e + f +g + h).. ..... S 2,320.68
5. Unpaid Balance (3 plus 4).................... $ 58,920.68
5. Prepaid Finance Charge S 2,293.18
. . . , . . , , . . . . .. , . , ....
7. Amount Financed (5 minus 6)................ $ 56 , 627 . 50
0' understand and agree that a portion of certain of these amounts
may be ret<lined by you or your affiliate.
PA$$Q.....059i
'ORIGINAL COPY
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PROPERTY INSURANCE:: Property Insureno$ on the
Manufactured Home Is required for the term of this
Contract. I have the right to ohoose the person through
whom it is obtained. 6y marking the appropriate line
below, I elect to buy the ooverage indioated from you
for the term and premium shown, and I want it finanoed
on this Contract.
Type of Insurance
Term
Premium
OMOS $
$
S
LIABIl.ITY 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 Contraot or a factor in its approval.
If I elect Credit Life Insuranoe, the name(s) of the
proposed insuredrs) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly.)
Physical Damagit Coverage
BROAD FORM
.00
This insurance may not payoff all 6f my debt, and the
exact amount of coverage is shown on my policy or I
certificate. My signature Indicates my election to obtain I
Credit Life Insurance coverage for the term ani'.
premium $hown: I
Type of Coverage Term Premium
Single
$
$
Joint
Date
(olgnalll...)
Date
(signatu"'J
(If joint coverage is desired. both proposed Insureds must sign.)
,
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RPR-03~2001 12:10
GREENPOINT CREDIT 51
4128735827 P.ll/15
'ARIABLE RATE; .' . d' t d Th nthly
. Monthly Payment Changes. My monthly payment am~unt will change eac~ time ~y Interest r~te IS a JUs e. e mo
. payment amount will fully amortlze the remaining unpaid balance at the adjusted Interest rate In equal monthly payments
over the remaining term of this Contract.
'. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest r~te and '
monthly payment at least 25 days before the adjustment. This notice will contain Information about the Index rate, Interest
rate, payment amount and remaining unpaid balance.
Conversion to Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginning
ZERO . years from the date of this Contract and ending 3 0 years from the date of this Contract. In
order to' convert to a fixed rate, I must not be ,in default under the terms of this Contract, I must notify you in writing of my
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee. The
new fixed interest rate will be your standard fixed interest rate, for a cOf(lparable Contract on the date that you receive my
written notification. The new fixed rate will take effect on the "conversi9n Date," which shall b,a my next payment due .date
that is at least 30 days after your timely receipt of a revision agreement signed by all 'Borrowers together With a
nonrefundable conversion fee of $ 200. 00 . The new fixed rate an.d the Conversion Date llre subject to
change ff my revision agreement and fees are received after the date specified in the revision agreement. My new payment
amount will be effective with the first payment following the Conversion Date. .
iECURITY INTEREST: I grant you a seourlty interest under the Uniform Commercial Code in (1) the Manufactured Home and In
,II goods that are or may hereafter by operatIon of law become accessions to it, (2) all appliances, machinery. equipment and
\her goods furnished with the ManUfactured Home (whether or not installed or affi,xed to it) including but not limited to the items
sted as "Additional Acoessories and Furnishings. on page 1 of this Contract. (3) any refunds of unearned Insurance premiums
nanced in this Contract. (4) any substitutions or replacements of the foregoing, and (5) all proceeds of sUch Manufactured
lome and accessions. and Of any Additionai Accessories and Furnishings. This security Interest secures payment and
erformance of my obligations under this Contract. including any additional debt arising because of my failure to perform my
bligatlons under this Contract and Includes any contractual extensions, renewals or modifications. My execution of this Contract
onstitutes a waiver of my perSonal property and homestead exemption rights to the personal property herein desoribed. I will
ign and deliver to you whatever financing statemenb and other documents you deem necessary to allow you to perlect your
ecurity interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction thereof
1 the real estate records or other appropriate index as a financing .tatement for any of the items spet;:ified above. Any
~production of this security instrument or any other security agreement or financing statement, and any extensions, renewals, or
mendments thereof. shall be sufficient to perfect a security interest with respect to such items.
'REPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
lOT 8E ENTITLED Yo A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
'HERE WILL 8E NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGRE:S
~ WRITING TO THOSE CHANGES.
'ROPERTY INSURANCE:
Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against los$ by fire, hazards inclUded within the term 'extended coverage" and any other hazards,
including flood, for which you require insurance. in an amount equal to the lesser of the actual cash value of the
ManUfactured Home or the remaining unpaid baJan<::e I owe from time to time on this Contract (the "Minimum Coverage"),
The insurance policy will contain a loss payable olause protet;:!ing you (as your interest may appear), and provide for a
10-day notice of cancellation to you. Unless you consent in wrtting. I shall not add any additional loss payee to the insurance
policy. I have tJie right to chOose the person through whom the property insurance policy is obtained. If my Insurance
coverage expire$ or is cancelled prior to payment in full of this Contract, I must obtain no less than the Minimum Coverage at
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are not
Obligate? to. obtam Insurance coverage. I agree that any insurance you purchase may be for the protection of only your
Interest In the Manufactured Home, may not fully protect me in the event of a loss. and may be for such reasonable period a.
you determine. if you decide, in your sole discretion. to obtain insurance, you wiil notify me of that fact and that the cost. plus
Interest at the Contract rate, will be added to my debt. I wiil repay such amount during the term of the policy In the manner
requested by you. 1 understand ~at the insurance premiums may be higher if you must purchase the insurance than might be
the oase If I h.ad pur~hase~ the Insurance, and that you may purchase the insurance from an affiliated company which may
receIVe a profit for thiS service. '
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RPR~03-2001 12:11 GREENPOINT CREDIT 51 4128735827 P.12/15
b. Assignment and Appli<:ation of Insul'llnCle ProCleeds. I hereby grant and assign to you the proc~eds of any a~d ~II
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake In~urance, which In
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manuf~ctured Home, I shall gIVe prompt notice
to you and the insurance carrier. if I fail to promp~y not~ or make proof of loss to the insurance carner, y~u may do so ~n my
beha~. All physical damage insurance proceeds, Including proceeds from optional coverage, shall be appl~ed to resto~at~on or
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless $U~h restorat~o~ or repair .'S not
economically practical or feasible, or your security interest wouid be les~ened. If such restoration or rep~,~ IS not ~ractrcal or
feasible, or your security interest would be lessened, you shall apply the Insurance proe~eds 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 dlrec;tly. I hereby
appoint you as my limited attorney.in.fact to sign my name to any check, draft, or other document neoessary to obtain such
insurance payments. '
LATE CHARGE;; I agree to pay a late charge for late payment as set forth on the front of this Contract. Only one late charge will
be made on any delinquent installment regardless of the period for which that installment remains in default. After this Contrac;t
matures, whether by acceleration or otherwise, i will not be charged a late charge.
EVENTS OF DEFAULT; I will be in default under this Contrac;t 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
Manufactured Home is iocated; (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 Clondition, as you may
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract ~nless I notify you in
advance and receive your written consent; (I) I seil or attempt to sell or to transfer any beneficial interest in thE! Manufactured
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate without
first obtaining your written consent; (h) I encumber or abandon the Manufaotured Home or us.e it for hire or illegally; (i) I fail to
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on Which it is .
located, if this is my responsibility; andlor OJI fail to do anything else which I have promised to do under this Contract.
NorlCE OF DEFAULT; If any of the above specified Events of Default have occurred, you may do whatever is necessary to
correct ",y defaull. You will, except as set forth below, first give ",e a Notice of Default and Right to Cure Default befcre 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 ican 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 w~hln the preceding one.year period, (2) I have
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF' DEFAULT; I may cure a default at any time before title to the Manufactured Home is transferred from me, which will
be at least 45 days after receipt of the Notice of Default and Right to Cure Default. To oure a default, I must pay: (a) ail amounts
which would have been due In the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late charges
that are due; and (d) reasonable costs which are actually incurred for detaching and transporting the ManUfactured Home to the
site of sale. I must also perform any ,other obligation I would have had to perform In the absenee 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, ~s allowed by applicable law; (a) you can require me to immediately pay you the entire remaining unpaid balan,,, due
under this Contract plus accrued Interest or (b) you can repossess the Manufactured Home pursuant to the security int"~cstl
give you ~nder this Contract, If you ",re not required to send me the Notice of Default and Right to Cure Default, you will ~.\'a
these rights immediately up~n my def,~~It. Once )'Orget possession of the Manufactured Home you will ~ell it. If theamoun\ 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 t~em separateiy or together in any order you deem neoeSSary to protect your
security.
ARBITRATION OF DISPUTeS AND WAIVER OF JURY TRIAL:
a. O~IiPUIO Resolution. Any controversy or claim between or among you and me or our assignees arising out of or ralating to
thiS Contract or any agreements or instruments relating to or delivared in connection with this Contract, including any claim
based on. or arising fro':1 an alleged tort, shall, if reqUested by either you or me, be determined by arbitration, reference, or
tna,1 by a.J~dge as prOVided below. ':' controversy involving only a single claimant, or claimants who are related or asserting
claims anslng from ~ Single transaction, shall be determined by arbitration as described below, Any other controvarsy shall be
~etermlned by JudiCial reference'of.the controversy to, a refer~e appointed by the court or, if the court where the controversy
IS venuad lacks the power to appoint a referee, by trial by a Judge without a jury, as desoribed below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGH'1' TO TRIAL BY JURY, AND THERE SHAU BE; NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS oeCIDED BY ARBITRATION BY JUDICIAL REFERENCE OR BY
TRIAL e\Y A JUDGE, '.
PA.S50B4S.QSgg
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ORIGIN.ll.L COpy
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RPR-03-2001 12:12 GREENPOINT CREDIT 61 4128735827 P.13/15
:conduq.tGd In accoroance wn:n 'tne VII 1oJlCn'l;l~ 1"'\1 ""'~I g,~I""1 r....... \' '~."" -, _.:n_ -. - - - -. ."" II -
law provision in this Contract. The Commeroial Rules of the American .Ar.blt~atlon Assoclatl~n ( AAA ) ~Iso shall apply. The
arbitrator(s) shall follow the law and shall give effect to statutes of Ilm~tatlon In determining any claim. Any controver~y
. concerning whether an issue is arbitrable shall be determined by the arbltrat?r(s). The award of the arbltrator(s) shall be In
writing and include a statement of reasons for the award. The award shall be fmal. Judgment upon the award may be entered
in any court having jurisdiction, and no challenge to entry of Judgme~t upon the a~~rd ~hall be entertained except as
provided by Section 10 of the United Slates Arbitration Act or upon a finding of mantfest inJustice.
. Judicial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under sUbparagrap~ (a)
that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee apPOinted
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and I shall designate to the
court a referee selected under the auspices of the AAA In the same manner as arbitrators are selected in AAA-sponsored
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy is venued lacks the
power to appoint a referae, the controversy instead shall be decided by trial by a judge without a jury.
Self-Help, FQrcclosure, and provish:lnal Remedies. The provisions ot. this paragraph shall not limit any rights that you or I
may have to exercise self-help remedies such as set-off or repossession:, '0 foreclos~'by power' of sale or judicially against or
sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction before,
after or during the pend~ncy 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
controversy be determined by arbitration as provided above.
ITTORNEY FEES: If I prevail In any legal actIon or arbitration prooeeding which Is commenced in oonnection with the
,nforcement of this Contract or any instrument or agreement required under this Contract, tir in connection with any dispute
elating to this Contract, you will pay my reasonable attorney fees, court costs and necess'ary disbursements Incurred in
,onnection with such action or proceeding. as determined by the court, the referee, or the arbitrator(s) in accordance with the
lW. if you prevail in any such action or proceeding, or in the e>;ercise of any self-help remedy as described above, I will pay any
:ourt costs and necessary disbursements to the full extent permitted by law. together with reasonable fees imposed on you by
en 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
lefault.
)THER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the
lstimated amount necessary to pay yearly taxes, assessments and insurance premiums that wiil become due within the
lext twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (c)
o pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
ull; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
ldvance on my behalf to correct my default; and (e) that if I am married, and residing in a community property state, both my
:ommunity property and se~arate property wiil be liable for all ~ayments due under this Contract.
~SSIGNMENT: You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to
my assignee of this Contract. .
~liEDIT INFORMATION; You may investigate my credit history and credit capacity In connection with opening and collecting
ny account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish
nfonn.ati~n abou: me. inclUding insurance information, to all others who may lawfully receive such information. You may furnish
speCifiC mformatlon 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.
N AIVE.li: ":'~iver of ~y default shall not constitute a waiver of any other default. No term of this Contract shall be changed
Jnle~s In wrltmg and Signed by one of your officers. This Contract is the entire agreement between us and I agree that no oral or
mphed representatcns have been made to induce me to enter into this Contract.
If AlIOITY:. Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid
mder apphcabl~ jaw, but if any provision of this Contract shall be prohibited by or invalid under applicable law, such provision
lhail be Ineffective only to the extent of such prohibition or invaiidity, without invalldatng the remainder of such provision or the
'A:I.50848.(lSU
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APR-03-2001 12:13 GREENPOINT CREDIT 61 4128735827 P.14/15
rel1'laining provisions of this Contract. This Contract shall be of no effect until ~nd 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 Jaw. .
. . .. . ,,,' .._~~~.""'" , "'"'':'~'_'~'~~'~,.::'_~,.'.~, .;L:..~",~,=,~ :,~:;t.~.'~.';;:;~;:.'."~"~':'~'_"":!':~~"::"'":..,l.:_:~.',:...':;.'.~.i:'.:.::.:,;.:~....:.',~..._:.,i;.':':.':.._::.~;."':.,.t;,..:.":','"",:"';,',.:..._:.::.....'......:...'.;.".;:...::::~:...,..:...:.:.....:...:'::..:...::...::..:..,..'..:,.:,..:.:.::~...'.'." .
.(~.;~i".~;:~~~.2);~cl::;t~~;~6t' ~.;.=' ,- . ". -
:ANY'HOl:DE!3'OF.#.f " _ ._.__~:); .~!#.~:J~l;!AIMSJ(NO PEFENSESWHICIi
.'. TflE{j5EBtdRt:,COD i""f!'M~"'",1 .. .....-. ." .
" ..., .'....".(,".,'.. .,,,_>>, ..'.'~:ii,.~E,;-:s.E.,:,."..;;j~",a",;...!!!~~Y,[~,!:.lO;'O"TAINED:, PIJ.RSUANT
. HERETO' OA.WIlH"'. :'. ,.:EEDs::flE~EO.a!,REeOVER.'(j,HeRE[;J ~...;T:l!tSDEBTOR SHALL NOT EXCEEe
,:}~~9:~~S~';~~f~t:~~~~~f;~~~!~I~~~~~!~1;~f:~lt1tiii;~[:;~l(.;;.~~;Jij;\~:;~rg~tAA~I;Ci,::.,;~,... ...... .
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE. AND NOT BY JURY TRIAL. AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISEs HAVE
BeEN,MADE.
ACCEPTED: The fOreijoing ConUaoll$ hereby assigned under Ih.lenns
of the Assignment tln page 7.
COUNTRY SIDE VILLAGE HOMES, IN
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.
~UR,E(S)'
. -h M.rA )(]dhA
BETH A. WAL R
SELLER:
SELLER'S
ADDRESS: 31 WALNUT BOTTOM ROAD
172570000
SELLEF!"S
srC>NATuRE:
SELLER'S
TITLE:
DATE OF THIS CONTRACT:
7~;f9
. .
I AGREE TO ALL THE TERMS ON Al.L PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNqWLEOGE RECEIPT OF A COMPLETEO COpy OF THIS CONTRACT.
glCJPTh{]. (A)dl~f1A,' ,
(Signaltirll of Buyer) ,
".
(Srgnaltir. of Co-Buy.r)
P A3S0&48.oS99
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RPR-03-2001 12:14
GREENPOINT CREDIT 61
ASSIGNMENT BY SELLER
4128735827 P.15/15
.
::l CREDITOR INDICATED ON PAGE 1 ("Creditor")
. With respect to this retail installment contract ("Contract") signed by one or more buyers (nBuyern), SELLER represents
ld warrants that: (1) Euyer's credit statement submitted herewith is completely accurate unless otherwise spec~ied; (2) Buyer
as legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide
lie of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specified
ld no part thereof was loaned directly or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as any
art of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed
, such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or
>ntemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set forth
3rein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each
Jrported signatory thereof; (8) Seller Ilas the right to assign this Contract and thereby to convey good title to it; (9) in the event
, any claim or defense assertEld by any Buyer, or any hElirs or assigns of Buyer, with respect to the Manufactured Home or
:her property or consideration transferred pursuant to this retail installment c?ntract, Seller agrees that it will indemnity and'hold
reditor harmless from all suoh ciaims and defenses as well as from all costs reasonably incurred by Creditor in connection
lerewith, inclUding but not limited to reasonable attorney fees and court .'costs; and PO) in accordance with the Fair Credit
eporting Act, Seller has notified Buyer that this Contraot is to be submitted to Creditor. ".. .
For value received, Seller hereby assigns to Creditor all its rights, title and interest in this Contract and the property
hich is the subject matter hereof and autl1Qrizes Creditor to do everything necessary to collect and disQharge sarne. All tile
'rms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a part
;reol by reference, it being understood that Creditor reiles upon the above warranties and upon said agreements in purchasing
,is Contract, ,
osow.o$t,
ORIGINAL COpy
PAOE 7QF 7
TOTRL P .15
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EXHIBIT "B"
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RPR~03-2001 12:04
GREENPOINT CREDIT 61
412 873 5827
P.04/15
~
i.
400 SouthpOil\te Boulevatd
Southpomte Pltl.Zu t Suite 230
Canonsborg. PA J5317
Tel. (724) 813-5825
Fax (800) 959-7395
February 27r 2001
BETH A. UAL-T1!R
1,4 RUSTlC DR
SH1~~EllSBURG PA 17<57
GreenPoint ~ Credit
Re, Hanufae'ured Home Loon' Aeeount #000006130266900001
HOTlJ;l; OF INTENTION ro Aee1!L-alATE. Cl;W1E1/CE L-EGAL ACTlOII OR REPOSSeSS
.,
You are nO\.l in defa.ult on YQur Man'olfactured Hcm~.loan Contr~ct~.. ','It you l;Qrrec:~ ~/'1e default," 'yQl,l may
<;ont't\lJe wltn tht: eontract 11$ tho\,lgh you dld !'\ot dahult. Your dehlJ\t I;On';;;$ts oaf failure 1;0 make t1mel.y
FJill)'lTlent"S of one Or" more instat lment$ i$ agreed to in the t~r~ of the contnll;t~. .
Thirty-one (31) days after the date of this notice, we may have the right to commen~e legal ~l;tiQn and
rQPos$e~$ your m3nufa~tur~ home.
CUrQ of defijult: Your m;y cure your default by making payment in the amcunt indic~ted b~tQw;
P5St OUe Monthly Payment(s)
! 1,108.66
Late Charge($)
! .00
Totat DUE! !.IOIol
$ 1,108.66
creditor'S rights: Any pa~tlat p:lyment OT the amount due which i.s reeeiv~ by y~ will be ~ppl ied to'"YOYT
account. You will need to pay the jytl amount by the date ir~i'ated above i~ Qrder to cure you. defaylt. If
you CO not eQrre~t your default witnin S1 days due from the postw~rked date of thl$ notice. we m~y
exerci~~ Our rights against you under the law by aeeelerating your debt and either repQ$s~ssin9 your
manuf~eturcd home or, if ne~eS$~~Y, bringing i court action to obtain possession 01 YQ~r manYfactured
Mme.
if We elect to exercise our rients- against you by repossession Qf the manufijctured heme you may, at any
time before we sell or otherwise dispose ot the manufactyrd kQm~ or enter into ~ contract fer its sal~ Or
ather disposition, (~hieh shijll be at least 45 dqY~ after p~stmark Of tni~ no~iOe)1 redeem tne manufactured
home by peyiog us all amounts du@ plu$ eXpenses reasonably incurred by us in detaching :nd transporting
tho manufactured heme to the site ef the sale and our reasonable attorney's fees, to the ~xtent permitted by
law, plus Court costs.
If you have any quest;o~s, write to us ~t the address ~bove or call me ijt the phone number listed above
betw~en the hours of 8:00 a.m. Ind 5:00 p.m'l Hondoy throush rridBY.
Jf this default ~as caused bY your faiture to make a paYment or pqyment~J ~nd you want to ~tty by mail,
~l~Dse send i cneek or mQney order. 00 not send ea,h.
Manager
ce: File
If any ~ddltlonil regular paymeht becomes dWe during this cure period, thi$ payment must elso be paid in
order to avoid a~y fyrther de18ult. This ~ori~~pQndence ~s a~ attempt to eD~\ect I debt and any
info~tlcn obtained ~~ ~ed fo~ that purpose.
PA (144)
EXHIBIT "e"
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2001-02375 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC ET AL
VS
SHAFFER BETH 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
inquiry for the within named defendant, DEFENDANT
SHAFFER BETH A A/K/A
WALTER BETH A
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
, NOT FOUND , as to
the within named DEFENDANT
, SHAFFER BETH A A/K/A
WALTER BETH A
DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, RET
AS PER ERIN DYER ON 5/16/01.
Sheriff's Costs:
Docketing
Service
NOT FOUND RETURN
Surcharge
18.00
13.02
5.00
10.00
.00
46.02
~~
~. Thomas K;:e .
Sheriff of Cumberland County
ERIN P. DYER
05/17/2001
Sworn and subscribed to before me
thi s .;( .3.-.4
day of l1AA
l
;2,..,." A.D.
Qt:# () 7h,,j,. / ~
Pro h notary ,
.iKJ, _~"".
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC flkla
GreenPoint Credit Corp.,
CIVIL DIVISION
No. 0\- ;?.37S
Cio.{Y~
Plaintiff,
Complaint in Civil Action - Replevin
v.
Beth A. Shaffer a/kla Beth A. Walter,
Filed on behalf of:
GreenPoint Credit, LLC f/kla
GreenPoint Credit Corp.
Defendant.
~'.
..
,
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
lRUE COpy FROM RECOAD
.. TIlItiIYICIny ~eoli I h8reUlltoStl mr _
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/kfa
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. C I - Cu~l '-r~
Complaint in Replevin
v.
Beth A. Shaffer alkfa Beth A. Walter,
Defendant.
NOTICE
You have been sued in court. If you wish to defend against the claims setforth
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
Curnberland 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 flk/a
GreenPoint Credit Corp.,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No.
Complaint in Replevin
v.
Beth A Shaffer alkla Beth A Walter,
Defendant.
COMPLAINT
COUNT I . REPLEVIN
AND NOW, comes GreenPoint Credit, LLC flkla GreenPoint Credit Corp;, by and
through its attorney Erin P. Dyer, Esquire and avers the following in support of its
Complaint in Replevin:
1. GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp., hereinafter referred
to as "Plaintiff' or "GreenPoint," 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. Beth A Shaffer a/k/a Beth A Walter, hereinafter referred to as "Defendant,"
is an individual whose last known address is 124 Rustic Drive, Shippensburg, PA 17257.
3. On or about July 6, 1999, Defendant purchased a 1999 Champion Qutch
Duchess Manufactured Home, Serial Number22470E, (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. Seller assigned its interest in the Security Agreementto Plaintiff, GreenPoint.
GreenPoint perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$57,500.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of April 2, 2001 , the Defendant's payments of interest and
principal were in arrears in the amount of $1 ,672.99. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of April 2, 2001, is $60,328.70.
7. Plaintiff provided Defendant 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. Defendantfailed 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. Defendant 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
- ,- .~~_'~_ "_.''',___ .==. ,'lS _,,~ ,~",. "Of".." I ''M_, .".,._.. "" ',,", -, ,'t-_T, "'.'_~"
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 f/kla GreenPoint Credit
Corp. was required to retain an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC f/kla GreenPoint Credit Corp.,
requests: .
a) judgment against Defendant 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 arnount 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 Horne, less expenses.
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC f/kla
GreenPoint Credit Corp., alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
'L~!.c_, . '::"'.' w""~"""'C__.___ ___<..~,',,",,~=___ ,._",,-~__I_" _~_o, ___'_, v-_~~,~<"_-_ _,on r--, , _ ~
WHEREFORE, Plaintiff, GreenPoint Credit, LLC flk/a GreenPoint Credit Corp.,
requests:
a) judgment against Defendant in the amount of $60,328.70 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.
~~~
PA 10 Number: 52748
Attorney for GreenPoint Credit, LLC flkJa
GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
::;;;;
~:\GreenPoint\Shaffer-Walter, BelhlCM.wpd
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, ___d
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.
CJ,,-~
Don Turosik
Collection Manager
GreenPoint Credit, LLC
t.i.'" '.- _'v-,"""~"~',_"r-'""",c"-,,;.,~-,,,, ,_,"",~__",J,. --t",,~ ,__ ,',' . ,-,~~_,__<__,"_.
, RPR-03~2001 12:08 GREENPOINT CREDIT 61 412 873 5827 P.09/15
. " MH VARIABLE RATE CONTRACT
RE1AIlINSTALLMENT CON1IiACT, SECURI,TY AGREEMENT, :;;;;:;:;:;,~ LOAN PlAN: A01 063099 i
WAIVER OF TRIAL BY JURY AND AGREEMENT TO ~~~ OFFICE NUM8El'l: 79061 :
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONEo#i.c 'LOANSOURCEI'lO,: 750230 !
(Contract) ACCT. NO.: (Ql~'-1
ElUYER(S): NAME: BETH A. Wl'.LTER FUNOING COOE:
NAME:
NAME:
BUYER'S NAME:
,",OORESS: 3470 WARM SPRING RD
COUmy: CUMBERLAND
crrY:CHAMBERSBURG STATE: PA ZIp: 17 201
PHONE; (717) 375 - 4434 S. SEC.#(S): 182 - 58 -126 0 -
PROPOSEO LOCATION OFMANUFACTUREO HOME; 124 RUSTIC DRIVE, SHIPPENSBDRG, Ph 17257
'I' "me,' 'myself" or 'my' mean all persons who sign this Contract as buyer or co,buyer, jointly and severally, and 'you' or
'your' mean thEl Seller and any assigneEl, This Contract will be submitted to the Creditor indicated below, at a local office and, if
approved, it will be assigned to that Creditor. On the date of this Contract, I 9.uy Irom you on a credit sale basis the manulactured
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactured
home at the time ot purchase (called 'M.anufactured Home'). ' .' : , ,: :' ' "
CREDITOR: GREENPOINT CREDn CORP. " .
PROMISE .0 PAY: I promise to pay you at such address as you may direct the Unpaid Sidance shown on page 2 01 this
:;ontract (Item 5) wfth interest at the initi,al rate of 9 , 00 % per Year. The interest rate 1 will pay will change in aooordance
Nith the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed
iue to changes in the interest rate, until the Unpaid Balance is fully paid. If; on 07/0:L / 2 9 ,I still owe any amount under
:his Contract, i will.pay such amount in full on that date, which is called the "Maturity 'Date." ,Each monthly payment will be
iPplied as of its scheduled due date, If no interest rate is disclosed above, the initiai interest rate is the Annual Percentage Rate
.hown beloW. '
NTEREST RATE: My initial interest rate may not be !;lased on the index used to make later adjustments. My interest rate may
:hangel1 months after my first payment is due and every 12 months thereafter based on movements in the monthly
werage yield on United States Treasury securities adjusted to a constant maturity of one year, as made a.vailable by the Federal
1eserve Board, whioh is the index rate. My interest rate cannot increase or decrease by more than 2. 00 % at any interest
'ate change or by more than 5. 00% over the term of the Contract. The interest rate will equal the index rate in effect
45 days before the interest rate change date plus a margin of 4..75 % (rounded to the NEJI.REST 1/8
,t one percentage point) unless the interest rate caps limit the amount of change in the interest rate. If this index rate is no
anger available, you may choose a.new index that is based upon comparable information.
ANNUAl. "'INANCE CHARGE Amount Financed Total of Payments Total Sale Price .
F'EI1CENTAGE The amount I will have paid The total eO$t of my
RATE alter I have mada all pUfchaseon credit
ma dollar amoUnllho The amQunt of credit peyments as scheduled (whioh I. .uCjaot Ic
The cost or rny credit ;t$ eredlt will cost ma (whleh prgvided ~ m~ Qr on (ba3ed on the ourrenr chango) including my
a yaer1y rate (which ~ is subJee,t to ohange): my beh.lI: Annual Percentage Rate down par:ent of .
sub/eot to changa): Which is sUbJactlc ch'.nga): $ ,300.00
10.01 % $ 123,204.26 $ <;;6,627.50 $ 179,831.76 $ 186,131,76
~~S~iF.k7.ltdi~~2S:~;~?;L~;;;' {EiiUcnafu;r#.'J:iiiouiit'F.ii1~i; :f~l;p.ii1i;:':i>~i:J\j;:qii:P,aviriiirit,
;;~U~~~~~~~~~~I~I~~~:r~~o:~~ant ~~~:~~~~9rif~~~;:~~~;Z~~~~~~~;~q1~~W~~J.:1#i%~
in lull bafore tha schedulad date, and . ;,.,.""",..;", 12 A 7
prepaymantrorundand penalties. :M.Y~;:;"" $" 4. 09 Monthly, beginning AUGUST 01 . 19--2..9
Prepayment If I payohar1y. I will not :;,~~"">ei~~ 348 s <;;00.41 Monlhly,baginning AUGUST 01 ~ 2000
ha~~ll:ldPayaPfanda!\Yf~Ulp\Wi\lnotb" $.00 Menlhly,baginning .19_
eno.a to a ro un 0 .,a repaid 00.
Finance Charge." any. S . Monthly, baginning , 19_
Security: I glva you a security inte,"slln IMe goods or PrQparty being PUrQhasad.
Lot. Charg.: If a paymenlis morelltan.1:2.. day.llite, i will ba Ohargod 2 % oflhe unpaid amount or suoh payment, nolle .~c.ed
$ 5.00
Variable Ftat$: My Contract Cl:;mtain~ a. varlable ~ta feature. Dil;lcJQ~urss about the ve.ri.a;bte ra.te learure have baan pro'o'ided to me eartier.
Aaal,lmptlon: $ome:QnebuyirtS my MiUlutaCll,lred Home may, underl;erlaiI1 cfrcum:stances, be allowed 10 aS3ume the remaindsrot the Connctcn ltIe
original tenns. I
E,Umlil~: All numerical dlselo3ures except lt1e tate payment dl$c!Qaures are estlm~tes.
he above disc:losures are based on terms in "ff~'" __ ,"_ "_"_ 'c' -
, Payments, Annual Percentage Rate, Fin.
II the interest rate changes, actual Amount
'ore or iElsS than disclosed above.
~~~9
EXHIBIT "A"
PAGE' OF7
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" ~ "
'_tor
. RPR-03-2001 12:09
GREENPOINT CREDIT 61
412873 5827 P.10/15
"
Description of TRACE NAME: DUTCH HOUSING, INC. MODEL: 5 04 3
Manufa=tllTOd
Home: YEAR; 1999 NEW: X USED: LENGTH: 68 tt. WIDTH: 28 It.
SERIAL
NUMBEFlS:2247 OEM
I.... .....""...._........o~;".1 l';:!f.i!"i1!:'ifsel:ll~.]NOM8ER,;~ ... .1 I.' .." ;~:I'!iEM;' I I SERIAL NUMBER I
","'-"'c-"rreNlt.-- "." .. ...
',";.':',l':.:,.:..,ot:". -....,..........~- ...
ADDITIONAL AIR CONDITNG SKIRTING
ACCesSORIES DECK/SHED ~.NCHORS
AND FWRNISHINGS: GUTTERS CHIMNEY
.
"063099
:'}!.:;2~"}!i';':I'I'EMIzA,tl()&~ItAiVf(jU fo.rn;];IN;a:NclE[ijr~~:;7:~;~O:,,;:; 'Co'
1. Cash prlca (lncludin'g Sales
Taxo! $ .00 J:.................. $ 62,900.00
2. a. Cash Down Paymenl..... S 6,300,00
b. Trade-In (Year. Make, Model);
Length Width
Gross Value $ ,00 Uans $ .00
(SoUor 10 payoff)
Net riade-In ValUe ........... $ ,00
Total Down Payment .............................. $ 6,300.00
3. Unpaid Elalance of Cash Price (1 minus 2) $ 56,600.00
4. Amounts paid to others on my behalf:' .
a. To Insurance Companies: j
(1) Property Insurance... ... $ .00
(2) Credit Life Insuranoe .... $ .00
b. To public Officials:
(1) Certificate ofiille...,.. S 22.50
(2) FILING FEES $ :>.00
c. To Creditor:
For: ORIG FEES S 2,266.18
d. To:
For:
S .00
.. To: . .
For:
$ .00
f. To:
For:
$' .. .00
g. To: GREENP,OINT CREDIT "
For: fLOOD FEE- . "
S 27.00
I h. To:
For:
$
Total (a +b+c + d + e + f+ g +h).....h. $ 2,320.68
5. Unpaid Balan"" (3 plus 4) $ 58,920,68
""",,,...............
S. Prepaid Finance Charge '.". h.................. $ 2,293,18
7. Amount Financed (5 minus 6),.. h h. ...."h $ 56,627,50
'I understand and agree that a portion of certain of these amounts
may be retained by you or your affiliate.
F'AS$Qi4i-05i8
,ORIGINAL COPY
;:,~,,::,i " ~_ .,,~_."~p" .". ~~ "'''-., _~__ _, ,,~_= ~ ." ,,,~__",,,"_d ~..__~.~=~."~,,,'~~ ~,,_" . _ ,
0:~~~~.:~.~31~~~~~:~=A~~~fN!e1f~~lCEk?:~::j::~~::j~.jiJi.~\~.f!~:~~:8~~!
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.
Term Premium'
OMOS S .00
$
$
LlABIL.ITY INSURANCe COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
. ,OTHERS IS NDT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECTION ABOVe;.
CREDIT liFE INSURANCE: Credit Life Insurance is
not required for this Contra=t or a factor in its approval.
If I elect Credit Life Insurance, the name(s) of. the
proposed insured(s) are:
Proposed Insured
Proposed Insured
('only spouse can be Insured jointly.)
This insurance may not payoff all of my debt, cmd the
exact amount of ooverage is shown. on my policy or I
oertific~te. My signature indicates my election to obtain I
Credit Lit.. Insurance coverage for the term am.,
premium shown; I
Type of Coverage Term Premium
Type of Insurance
~hyslcal Damage C::overag4l
BRO.l\.D FORM
_ Single
$
$
_ Joint
Date
(.lgnallJl$)
Date
(.ignaturnJ
(If joint covera.ge is desired. both proposed Insureds mus~ sign.)
'.-'."
PAGE2~7
RPR-03-2001 12:10
GREENPOINT CREDIT 51
4128735827 P.ll/1S
'ARIAal.e RATE; . .
. Monthly Payment Changes. My monthly payment amount will change eac~ time ,:"y interest r~te IS adlusted. The monthly
'payment amount will fully amortlze the remaining unpaid balance at the adjusted Interest rate m equal monthly payments
over the remaining term of this Contract.
'. Notice of Interest Rate and Monthly payment Changes. You will send me notice of an adjuslment in the interestr~te and.
monthly payment at Illast 25 days betQre the. adjustment. This notice wIll contain Information about the IMdex rate, IMterest
rate, payment amount and remaining unpaid balance.
Conversion to Fixed Rate. I may ChOOSll to convert this Contract to a fixed rate Contract at any time beginning
ZERO . years from the date of this Contract and ending 30 years from the date of this Contract. In
order to convert to a fixed rate, I must not be .in default under the terms of this Contract, I must notify you in writing of my
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion tee. The
new fixed interest rate will be your standard fixed interest ra~e for a corn,parable Contract on the date that you receive my
written notification. The new fixed rate will take effect on the "Conversion Date," which shall be my next payment dUe date
that is ~t least 30 days after your timely receipt of a revisioll~greement signed by aU Borrowers together with a
nonrefundable conversion fee of $ 200. 00 . The new fIXed rate an.d' .the Conversion Date are subject to
change ff my revision agreement and fees are received after the date specified in thll revision agreement. My new payment
amount will be effective with the first payment following the Conversion Date. -
iECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
,II goods that are or may hereafter by operation of law become accessions to it, (2) aU appliances, machinery, equipment and
ther goods furnished with the Manufactured Home (whether or not instaUed or affixed to it) including but not limited to the items
sted as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) anY refunds of unearned insurance premiums
nanced in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds ot such Manufactured
lome and accessions, and Of any Additional Access.ories and Furnishings. This security interest secures payment and
erformance of my obligations under this Contract, including any additionai debt arising because of my failure to perform my
bligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Contract
onstitutes a waiver of my personai property and homestead exemption rights to the personai property herein described. I will
ign and deliver to you whatever financing statements and other documents you deem necessary to aUow you to perfect your
ecurity interest in any personal property and fixtures. i agree that you may fiie this security instrument or a reproduction thereof
\ the real estate records or Qtl1er apprQpriate index as a financing statement for any of the items specified above. Any
~production of this security instrument or any other security agreement or financing statement. and any extensions, renewals, or
mendments thereof, shall be sufficient to perfect a security interest with respeGt to such items.
'REPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
lOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL. PREPAYMENT,
HERE WILl. BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
~ WRITING TO THOSE CHANGES.
'ROPERTY INSURANCE:
Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home fQr
the term of this Contract against loss by fire, hazards included within the term "extended cQverage" and any other hazards,
including i\QQd, for which you re~uire insurance, in an amount equal to the lesser of the actual cash vaiue of the
Manufactured Home or the remaining unpaid baJanGe I owe from time to time on this Contract (the "Minimum Coverage").
The insurance policy wiil contain a loss payable clause protecting you (as your interest may appear), and provide for a
iO-day nQtice of cancellation toyou.Uniess you conssnt in writing. I shall not add any additional loss payee to the insurance
policy. I have the right to choose the person through whom the property insurance PQlioy 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 Ccverage at
my. expense for the remaining term of this Contract. Should I fali to maintain the Minimum Coverage, you may, but are not
Obligate? to, obtam Insurance coverage. I agree that any insurance you purchase may be for the protection of only your
Interest In the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period as
you determine. if you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus
Interest at the Contract rate, will be added to my debt. i wiil repay such amount during the term of the policy in the manner
requested by ycu. I understand that the insurance premiums may be higher if you must purchase the insurance than might be
the case ill had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive.. profit for this service. .
"'~e4G<;I.$liIg
ORIGINAL COPY
PAGe 30F 7
P~J, n~',< -'. c, ' ,";,,:::~_, _,,,,,_,~,!,,,_c~~,,,,'i_, ,. _~_,"~ ,. ,", "".""M-"--",,," 1",,_ "',,_,~ '_~ _''''''_< ,''1'".,-'-,__;; -, - - -1'- ,l ,_._ _ _,
APR-03-2001 12:11 GREENPOINT CREDIT 61 4128735827 P.12/15
<b. Assignment and Appli\:i1tion of Insuranoe Proceeds. I hereby gralnt and assign hto you rtthhe prkoc~eds of any ah~dh ~II
insurance coverage on the Manufactured Home, including any option a coverage, suo as ea qua e Insurance, w IC . In
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manuf~ctured Home, I shall gNe prompt notice
to you and the insurance oarrier. If I fail to promptly notify or make proof of lo~s to the Insurance carner, y~u may do so ~n my
Mhaff. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restoration or
repair of the Manufactured Home, unless you and [ agree otherwise in writing or unless sU?h restora~o~ or repair .is not
e~onomically practical or feasible, or your security interest would be les~ened. If such restoration or rep~l~ IS not practical or
feasible, or your seourity interest would be lessened, you shall apply the Insurance proceeds to the remaining unpaid Dalance
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 ~heck, draft, or other document necessary to obtain such
insurance payments. -
LATe CHARGE;; I agree to pay a late charge for iate payment as set forth on the front of this Contract Only one late charge will
be made on any delinquent installment regardless of the period for which that installment remains in default. After this Contract
matures, whether by acceleration or otherwise, I wUl not be charged a late charge.
EVENTS OF DEFAULT: I will be in default under this Contract If: (a) I fail to make any payment when due; (b) 1 fail to timely
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility cn whIch the
Manufactured Home is located; (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 Hcme 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; (I) I sell or attempt to sell or to transfer any beneficial interest in the Manufactured
Home without first obtaining your written consent; (g) I allow the Manufactured 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) l.failto
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is .
located, if this is my responsibility; and/or OJI fail to do anything else which I have promised to do under this Contract.
NorlCE OF DEFAULT: If any of the above specffied Events of Default have occurred, you may do whatever is necessary to
correct my default. You will, except as set forth below, first give me a NotIce of Default and Right to Cure Defauit before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contr<,ct. 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 q Notice twice within the preceding one-year period, (2) I have -
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF' DEFAULT; I may cure a default at any time before title to the Manufactured Home is trqnsferred from me, which will .
be at least 45 days after receipt of the Notice of Default and Right to Cure Default. To oure a default, I must pay: (a) all amounts
which would have been due in the absence .of default and acceleration; (b) the attorney fees set forth below; (c) any late charges
that are due; and (d) reasonable costs which are actually incurred for detaching and transporting the ManUfactured Home to the
site of sale. I must also perform any,other obligation I would have had to perform In the absenc.e of d.efault.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following at the end of the noiice
period, ~s allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security inte~:::stl
give you under this Contract. If you lire not required to send me the Notioe of Default and Right to Cure Default, you will h!.\'e
these rights immediately upon my d'efa~lt. Once l'Ou. get possession of the Manufactured Home you will sell it. If lheamount frOm
the saie, 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 t~em separately or together in any order you deem necessary to protect your
secu rily. .
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Di.lipllte Resolution. Any controversy or ciaim between or among you and me or our assignees arising out of or relating to
thiS Contract or ~ny agreements or instruments relating to or delivered in connection with this Contract, including any claim
bqsed on. or arising fro';1 an alleged tort, shail, if requested by either you or me, be determined by arbItration, reference, or
tnal by q.J~dge as pro~lded below. A controversy involving only a single claimant, or claimants who are related or asserting
ciam1s ~'smg from ~ smgle transaction, shall be determined by arbitration as described below, Any other controversy sh<,1/ be
determined by JudiCial reference'of.the controversy to a referee qppointed by the oourt or, if the oourt where the controversy
IS venued lacks the power to appoint a referee, by trial by q judge without a jury, as described below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHi TO TRIAL BY JURY, AND THERE SHAU BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS oeCIOED BY ARBITRATION BY JUDICIAL REFERENCE OR BY
TRIAL BY A JUOGE. "
PA.350B<45-<!!l5151
ORIGIN.1l.L COPY
1!IAQe:4o.~.,
~,:~,7;", ~ ~:="'" _ _ , ~ ,c, ,. " ~ "._>~. _ . ,_. ,~=~_,. ,'__~ _ ,1""",,,.,.-,,,,,
. . RPR-03-2001 12: 12 GREENPOlNT CREDIT 61 412 873 5827 P.13d5
conducted In aocoroanc::e wn:n lne VII 1WIU.U'Cl-' 1"\1~ll.lel>l""'" r....... \ "....... -, _...~-- -- - - ,. -
law provisIon in this Contract. The Commeroial Rules of the American .Ar.bit~ation Associa:i~n ("AAA') also shall appiy. The
arbltrator(s) shall tollow the law and shall give effect to statutes of limitation In determining any claim. Any ocntrover~y
concerning whether an issue is arbitrable shall be determined by the arbltrator(s). The award of the arbltrator(s) shall be In
writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award ~ay be entered
in any court having jurisdiction, and no challenge to entry of judgme~t upon t~e aw~rd ~hall be entertained except as
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest InJustice.
Judicial 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 appointed
by the court who, sitting alone and without jury, shall decide all questions of law and tact. You and I shall designate to the
court a referee selected under the auspices of theAAA in the same manner as arbitrators are seiected in AAA-sponsored
proceedings. The referee shall be an active attorney or retired judge. If the oourt where the controversy is venued laoks the
power to appoint a referee, the controversy instead shall be decided by trial by a judge without a jury.
Self-Help, Foreelosure, and Provisional Remedies. The provisions of. this paragraph shall not limit any rights that you or I
may have to exercise seif-help remedies such as set-oft or repossession.; )0 foreclose:'by power' of sale or judicially against or
sell any collateral or security, or to obtain any provisional'cr ancillary remedies frolll' 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 tight of either you or me to demand that the related or any other .dispute or
controversy be determined by arbitration as provided above.
ITTORNEY FEES: If I prevail in any legal actIon or arbitration proceeding which is commenced in connection with the
.nforcement of this Contract or any instrument or agreement required under this Contract, or .in conneotlon wah any dispute
elating to this Contract, you Will pay my reasonable attorney fees, court oosts and necessary disbursements incurred in
'onneotion with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in aQcordance with the
11". If you prevail in any such action or proceeding, or in the ellercise of any seif-help remedy as described abOVe, 1 will pay any
;ourt costs and necessary disbursements to the full eXtent permitted by law. together with reasonable fees imposed on you by
~n 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
lefault.
)THER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you 10 do so, the
.stimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
lext twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (c)
o pay Interest atthe Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity untilllaid in
ull; (d) to reimburse you, immediateiy upon your demand, with interest at the Contract rate, the amount of funds you actually
ldvance on my behalf to correct my default; and (e) that If I am married, and residing in a community property state, both my
lommunity property and separate propertywill be liable for all payments due under this Contract.
~SSIC;NMENT: You may assign this Contract to any person or entity. Ail rights granted to you under this Contract shall apply to
. my assignee of this Contract.
::REDIT INFORMATION; You may investigate my credit history and credit capacity In connection with opening and collecting
ny account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish
nfo~ati~n about me, inciuding insurance informa.tion, to all others who may lawfully receive such Information. You may furnish
>peclflc information about the Manufactured Home and any insurance policies on the ManUfactured Home to any insurance
agent to enabie such agent to ql.lote premiums to me and solicit my Insurance business.
NAIVE.R: ~~iver of ,:"y default shall not constitute a waiver of any other default. No term of this Contract shall be changed
JMle~s In writing and Signed by one of your officers. This Contract is the entire agreement between us and I agree that no oral cr
mphed representations have been made to induce me to enter into this Contract.
ilALIDITY: Wherever possibie Elaoh provision of this Contract Ghall be interpreted insucn manner as to be effective and valid
Jnder applicabl~ law, but if any provision of this Contract shall be prohibited by or Invalid under applicable law, Gueh' provision
lhall be Ineffective only to the extent of suoh prohibition or invalidity, without invallda~ng the remainder of such provision or the
'AO.SO!4Go0599
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. RPR-83-2881 12:13 GREENPOINT CREDIT 61 4128735827 P.14/15
. remaining provisions of this Contract. This Contract shall be of no effect until ~nd 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 l.AW: Each provision of this Contract shall be construed in accordance with and governed by the laws a! the state
of Pennsylvania, provided that to the extent you haVe greater rights or remedies under Federal law, such Choice ot state law
shall not be deemed to deprive you of such greater rigl1ts and remedies under Federal law.
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"J' ANY' HOl::DEB..Or;;?r .i.i~Qf...;'t~.iALfE..::.qMLI\!lS AND PEFENSES WHICH
~::(Tae;fd5EBtQ~CQ~: . .",. _"'~ ,..,,; .06~!!:alil;;;S~vll~~,,'qj;lTAINEn, ~.qijSUANT
"HERETci"OR:;Wi~ . , .,.: . EREQ -'"REd.oVERy;~HElfE"fuNElER."BW;:'f:fji;:OEBTCFl. SHALL NOT EXCEED
:;;iA~~;~;~~~.;~~~~~~~~~~~~o~f~i~{f~ii~~j,i:~i~~;~~~~~~i~~11t,;:~:;~, .' .., ..... . . . ;
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL. AND
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT No OTHER PROMISES HAVE
BEEN,MADE.
ACCEPTED: Tne ioresoing Conu.ell. hereby ...igned under the tenns
of the Assignment on poge 7.
COUNTRY SIDE VILLAGE HOMES, IN
If you do not meet your Contract obligatlons,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,
&fuURE(S):
. :Ii M.fA J(] 0 bA
BETH A. WAL R
SELLER:
SELLER'S
ADDRESS: 31 WALN"uT BOTTOM ROAD
SELLER'S
SIt>NATURE:
SE<U..ER'S
TITLE~
172570000
DATE OF THIS CONTRACT:
7~h'9
. .
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNqWLEOGE RECEIPT OF A COMPLETED COpy OF THIS CONTRACT.
g LOt-he - cjd'i I1A,' ,
(Sign.lUra of Buyer) ,
".
(SignotlJr. of Co-Suyer)
PA3$0&48'{)~9
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RPR-03-2001 12:14
GREENPOINT CREDIT 61
ASSIGNMENT BY SELLER
4128735827 P.15/15
:I CREDITOR INDICATED ON PAGE 1 ("Creditor")
With re$pect to this retail in$tallment contract ("Contract") signed by one or more buyers ("Buyer"), SELLER represents
1d warrants that (1) Buyer's credit statement submitted herewith is completely accurate unles$ otherwise specified; (2) Buyer
as legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide
lie of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specified
1d no part thereof was loaned directly or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as any
lrt of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any "amount owed
1 such trade-In or other property" is a<::curately des<::ribed On page 2 and has been paid off by Seller prior to or
>ntemporaneously with the assignment of this Contract to Creditor; (6) there Is now owing on this Contract the amount set forth
srein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each
Jrported signatory thereof; (8) Seller nas the right to assign this Contract and thereby to convey good title to it; (9) in the event
, any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
:her property or oonsideration transferred pursuant to this retail instailment contract, Seiler agrees that it will indemnify and' hold
reditor harmless from all such claims and defen<;es a<; well as from ail costs reasonably inourred by Creditor in connection
lerewith. inciuding but not limited. to reasonable attorney fees and court "costs; and (10) in accordanCe with the Fair Credit
eporting Act. Seiler has notified Buyer that this Contract is to be submitted to Creditor. '". "
For valUe received, Seiler hereby assigns to Creditor all Its rights, title and interest in this Contraot and the property
hich is the subject matter hereof and authoriZe!; Creditor to do everything neoessary to collect and disoharge same. Ail tne
,rms of any existing written agreements between Seiler and Creditor governing the purchase of Contracts are made a part
>reof by" reference, it being understood that Creditcr relies upon the abOVe warranties and upon said agreements in purchasing
ds Contract.
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TOTRL P. 15
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RPR~03-2001 12:04
GREENPOINT CREDIT 61
412 873 5827
P.04/15
'.
400 SouthPOil1te Boulevard
Southpointe Plaza!. Suite 200
Canonsburg, P.~ 10317
Tel. (724) 813-5825
Fax (800) 959.7395
Februory 27, 2001
BE7H A. WALlER
1" RUSTlC OR
SHIFFeHSBURG FA 17<57
Gli'eenlPoint ~ Credit
RE: Honufoetured Home Loon' Aeeount #000006130266900001
HeTl," eF INTEllTlCll TO ACCEL6lATE. Cl)IMCl!CE "GAL ACTICll OR REPOSS"SS
.,
You are now in defauLt on YQl.1r Minl.lfactured Mome. Lo:m Cantract~.. ':11 you corre~~ ~j'le default,. ,You may
cont;~ue with the conttact as thol.lsh yQU did not default~ Your qefault consl$ts .of failure ~o make timely
payments Of one or more installments as agreed to in the ter~ of the contract:"
Thirty-one (31) days after the date Qf thi~ noti~e, we may have the right to commen~e legal a~tion and
repos$e~s your mnnufa~tured heme.
CUre of default: Your mdY cure your default by makIng payment in the omcunt indleated below;
Past DUe Monthly Payment(s)
S 1,108.66
Late Charse(s)
$ .00
Total Ou@' Nol.l
S 1,108.66
Creditor'~ rights: Any parti:l payment or the ~mount d~e which i5 received by Y$ will be ~pplied tQ.YQur
account. You will need to pay ~he 1~t~ amount by the date ir~icated above in Qrder to cure YOUr default. If
you do not CQrre~t your default within 31 days due from the pO$t~~rked date of thls noti~e, we may
exeiei~e our rights against you under the law by accelerating your debt a~d either repQssessing your
manufOl,tuicd home Of', if nec:eS":$4ry, bringing a court action' to obtain possession oT your manufactured
Mome.
If we elect to exercise our rightS" aeainst you by repossession of tMe manufactured. home you may, at any
'time before we sell or otherwise dispose ot the manvfacturd hcm~ or enter into a ~ontract fQf' its sale Qr
other disposition, (whiLh shall be at least G5 dqY~ Ifter p~stmark or thi3 notice), redeem the m~nufa,~ured
ho~e by paying us ~ll amo~nts due plus eXpenses reasonably Incurred by us i~ detaching ;nd transPQrtins
tho manUfactured hOmQ to the site of th~ sale and our re3sonabt~ attorney's Tees, to the ~xtent permitted by
l~w, pLus court co~t:.
If you have any qUQStiO~S, writ~ to us at the address above Qr call me at the phone number listed above
between the hours of 8:00 a.m. And 5:00 p.m'J Mo~y tMrcush FridBY.
lf this default ~as caused bY your failure to make s p~Yme~t or pqyment~1 ~nd you want to PaY by mail,
pl~ase send a check Qr mQney order. Do not send cash.
Manager
ce; FH~
If Iny additional regular payment becom&5 due during this cure period, thi$ payment must elsQ be p~id in
order to avoid a~y further de1ault. Thi5 correspondenee is a~ attempt to coll~ct a ,debt and any
infonmaelon Qbtain~d ~~ ~sed for that PUrpose.
PA ClI")
EXHIBIT "e"
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. ,RPR-03-2001 12:07
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GREENPOINT CREDIT 61
412 873 5827 P.07/15
..ween..int ~ credit
I,.:'::-'..J
l-.E'P *:6111033
eOUllt Number:
,-trower's Name: BETH 1>., WALTER
Phone Number: (7171 375-4434
,iling Address:
Idress of flome (If differem than mailing address):
124 RUSTIC DRIVE SHIPPENSBURG, FA
)bUe HOllie Park: ~(/AI~S~ Mu..4~1S
:scription of Manufactured Home:
"
17257
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Lot Number:
'ear:
1999
~: DUTCH HOUSING,
I Model:
I HlJD#:
504.3
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EPr - 7V.!LA) IN'17J Pk,e.. ON IZuS17C OR-I v~ - 6d fCJ
z.'-I-.
Ie spaco below, ple3Se sketch a map sbowillg direction to the home site from an interstate, major highway, or intersection. Identify
:es, roads, st"eels, and landmatks. Indicate approximate distances in parenthesis.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/kla
GreenPoint Credit Corp.,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 01-2375 Civil Term
v.
Beth A. Shaffer a/k/a Beth A. Walter,
Defendant.
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendant.
Respectfully submitted,
c~
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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