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HomeMy WebLinkAbout01-2683 FX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, CIVIL DIVISION Plaintiff, No. 0/-;}&J:3 C/()~L '-T~ v. Complaint in Civil Action - Replevin Eldon E. Miller, Filed on behalf of: GreenPoint Credit, LLC Defendant. Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 r:.__i "~, 0 "'1" ,,,'__='_""'. '.. .,,~.,_~.,. ,,,~.. ~~_~"~'" ..'''~''''", ,~ .".' , ~":-c' ~_ ',0 = ~~_ _ =~_ IN THE COURT OF COMMON PLEAS OF CUMBEHLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LlC, CIVIL DIVISION Defendant. ) ) ) ) ) ) ) ) ) No. Plaintiff, v. Complaint in Replevin Eldon E. Miller, 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 :'-R'~'~.~M,", ""-'-'~~{"~..V",l.~ "..".",-^"~,~_~..".,._,.,, -,"'. ,f _, ^..""",___\>~,~"".,_l'" ''''''_' _ '*.~. '.r" =~,,-5__',-_, __, __ __~ __~ ___ >.. '.~ _., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant. ), ) ) ) ) ) ) ) ) CIVIL DIVISION No. OI-;2i.K3 ~ '/.uA- GreenPoint Credit, LLC, Plaintiff, v. Complaint in Replevin Eldon E. Miller, COMPLAINT COUNT I - REPLEVIN AND NOW, comes GreenPoint Credit, LLC, 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. Eldon E. Miller, hereinafter referred to as "Defendant," is an individual whose last known address is 8 Robin Drive, Newville, PA 17241. 3. On or about April 18, 2000, Defendant purchased a 1998 Champion Duchess Manufactured Home, Serial Number 14014E, (the "Mobile Home"), from Financial Resources Inc., (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" 4. Financial Resources Inc. assigned its interest in the Security Agreement to 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 $36,500.00 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 19, 2001, the Defendant's payments of interest and principal were in arrears in the amount of $1,198.27. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of April 19, 2001, is $34,938.19. 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 >",,0.. ~ ,- '-""-~"""-,,,,,._Ff""'o,~,'f'l1""~,,,_,'j,,,~,"~'_'e_~"",'.,-'TI_>,,"_' ~.". __".,~, .'__.,~, >. ".". WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests: a) judgment against Defendant in the amount of $34,938.19 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 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. E"~ ~ PA ID Number: 52748 Attorney for GreenPoint Credit, LLC 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 :,,,,,,.. ..'~.' "", -,~"'~ . H~'." 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 ilL,;, "AW'" "",'~-,-,,'J"'')'"'''' """",_"'"_'~,_ ~~_" _ """",,,,,",., ~'_~~_"" ,_, ", _,~__.""<'" ,^~_ ," _ ft " ., ~,.,," ~ .0 _ .""C' "" , . PENN:>YlVANIA NOTE. DISCLOSURE AND SECURITY AGREEMENT, AND AGREEMENT TO ARBITRATE (Agreement) . MH FIXEO RATE OIRECT LOAN aORROWER(S): NAME: ELDON E, M!LLER NAME: NAME: BORROWERS. NAME: ADORESS; Q u4e LINCOLN HIGHWlI.Y STATE: ~ 21I'COOI:: 15522 LOCATION OF MANUFACi\JREO HOMI:: '." t.OANPLAN: FO:\. 04:\.300 OFFIC6NUMSER: 79 020 I.OAN SOU~E :&1 ACCT. NO. 0 01 ( " . TRACS NO.: FUNDING COOE: COUNTY: ctJMBERLAND CITY: BEDFORD PHONE: (814) 623.6209 5. sec. #(5): 196 -42 - 046 2 8 ROBIN DR, NEWVILLE, PA 17241 C'Real Property") 'I,' 'me,' 'myself' or 'us' meallS all persons who sign this Agreement as borrower or co-b'lrrower, jointly and severally, and "you" or "your" means the Lender indicated below, On the date of this Agreement, I borrow from you the Unpaid Balance shOWn below. The manufaclurad home described below, together witn furnishings, equipment, appliances and accessories affixed to the manufactured home (called 'Manufactured Home") secures this loan as set forth in the Security Agreement contained herein, .' LENDER: GREENPOINT CREDIT, LtC PROMISE. TO PAY: 1 promise to pay you at such address as you may direct the principal sum of: THIRTY FOUR THOUSlI.ND TWENTY ONE J>..ND 50/100 DOLr..A.RS (US $ 34,021. 50 ), (the 'Unpaid Balance') or so much as may be outstanding, with interest at the rate of 13.25 % per year until the debt is paiel in full. The Unpaid Balance snall include anel I will P!\Y interest on any prepaielfinance charges you agreed to advance me. I will pay this amount in monthly installments as shown nerain in the Payment Schedule until tne Unpaid Balance plus all accrued interest is fully paid. Additionally, I promise to pay any other charges that I may owe under the Agreement. If on 04/17/20 .1 still owe any amount under this Agreement, I will pay such amount in lull On that elate, wnlch Is called the 'Maturity Date.' WhEln you calculate interest, every year shall have 360 days and every month shan have 30 days and each monthly payment will be applied as .ofthe scheduled due date. ANNUAL PERCENTAGE RATE The "".t -01 my cr.dlt as a yearly rat., FINANCE CHARGE: The dollar emounl tho cradll will ccstmll!l: AmOUnt FInanced The amount of cradit provld.d to me or on my o"heif: Total of Payments The amount I will have paid after I have mad.. all paymentsa. ,cheduled: 14,01% $ 64,599.30 $ 32,521.50 $ 97,120.80 .,._;t....'"::";c,,,, ,....;,:f1ri:.,.ChAT1l. +,'Arri6~nt Fin::' . PAYMENT SCHECUL.6: Numo.rot....l-."...--..'.';;;;.".'.-...:.':.:<........( ...,-:, .....-.. -co -" .-.--- ... ,.. .. .'.,i,,' C'" "':.:'" . pavmehisE. :7Ai!j~0?I:gr;f!~.~!"!:. ...... .... '" '.':' _:: :-:{.: .....~;.;:Yih~ p~ym~n~~r~ :D~.:(esli~~tedt..: '.:, .' 240 S 404 .67 Monthly. beginning MA'{ '17 2000 s . 00 Monthly. beginning $ . 00 Monthly. beginning .00 ". ~l%\;~~_ ....~c.~f!4.~rl?. .~;I::~~i:; ...'~ .~..._.. n. "'~ Prepayment: If I payoff .arty. I will not have to pay a penallY. SI!CtH1ty: I give ycu a security interest In; X the Manufactured Home and nOu5shQld gcod.s. I.." Charga, It \he Unpaid Balan.. i. graaterlhan $25.000.00 an<! ~ tl\e paymentis more ll1an 15 days late, I will!>e charged alate Charge 015% at the unpaid amount or 'uch paym.nt not to e.""ed $5.00. Assum~tlon: someone buying my Manufaetured Home may not assume the remaindsr Of this Agreement on the Original tetm$ without your prior wrJrten consent Sa.unly Inrerellt Cha'1le.: Sacurity Inlerest Fe.. $ 0.00 See the terms ot lhls Agraamenllor addi~onal information about nonpayment, dotaull, required repaymantln lull before the scheduled dale. and prepaym.nt refunds and penal~es. If you do not meet your obligations under this Id Home and other household goods. EXHIBIT "A" ..... L~ 1M . PAO"'H 0E:E~ ,00e-Ee-~d~ 'IS?A101H)19!jl eV<.0'd a~8~ >:<'8 en. - ." _ _ .0 _~""""", ~"', __._~_ ,,~_ ,_'_ .~"-'",:,I"" ,_, -.--d"'~"!<'~'~' ~ "" _o,~~_, ~~,,~, ,0< , - ~ ,,_... Oeseril'tien cf Manufactured Home: TRAOE.NAM!:.: CH.AM1?l:ON i-lOgE BtiI-LD~~?.. MODEL DUenESS YEAR, 199 8 NEW: USED: x t.ENGiH, 6 0 It WIDTH: 2 8 II. SERIAL NUM6ERS: ffi"l"~"'"'~"-"" '~-"'''I t "',., ...............~.I A i... ~~~~...'~'t.!.;l.:~~.-:~:.~. ::.;.;..~.:;:i=;:.;:';~"SE~lAf'~.NU. M8EA~..";'::~".,...... .._....... n J;;;,IWI __........_. _' . ,.'~_' Q 10.' .' _, H'~ __ ~'.,',3,':.c..,,;:;,;,~',tr'EMfZk1il.Ci~,(;IEf3AMOUN:r"ElNANCED,~0':='f.,2"2':-~.',' 1. .. Amount of oredit provided 10 me or on my behalf, $ 32,494,00 b. Amount oredited to my account $ 2. Amounts paid \0 others on my behalt.o a. .To Insurance Companie" (1) Property Insurance...... $ (2) Credit Ute Insuranoe, ... $ b. To Public Officials: (1)Certificale of TIlle......... S ~) F!LING FEE $ c. To: For: ;:,~,~2~~~..;t-E~~~,l~"iN$aFfANce.~;; .'.~:'..::~=.- .;&.:~':\;:;':::, '.' PROPERTY INSURANCE: Property Insurance on the Manufactured Home is reqUired for the term of this Agreement. I have the right to choose the person through whom it is Obtained. By marking my initials next to a "Type of Insurance" listed below, I elect to buy the insurance coverage indicated for the term and premium shown, and I want you to finance it on this Agreement. Type of Insurance Term Premium 27. so s s S LIABILITY INSURANCE COVERAGE FOR BOD1LY INJURY AND PROPERTY DAMAGE CAUSED TO O"tHERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE SECTION Al30VE. . CREDIT LIFE INSURANCE: CREDIT LIFE INSURANCE IS NOT REQUIRED FOR THIS AGREEMENT OR A FACTOR IN ITS APPROVAL. IT WILL NOT BE PROVIDED UNLESS \ SIGN BELOW AND AGREE TO PAY THE ADDITIONAL COST, If I elect Credit Uie 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 the entire Unpaid Balance under this Agreement. The exact amount of coverage is shown on my policy or certificat",. My signature indicates my election to obtain Credit Life Insurance coverage for the term and premium shown: Physl~t Cama,ga Coveragl $ d. To: For: , $ e. To: For: S 'L T~ FINANCIAL RESOURCES & ASST. OF THE For: EROKER FEE Type of Coverage Term Premium _ Slngl", $ _ Joint $ III 3. Amounts paid to Lender: ......................... $ For: (signature) Date 4. Unpaid Balance (1 a and 10. pluS 2 and 3l... $ 34,021. 50 (signature) Dale 5, Prepaid Finance Charge ......................... $ 1 - 0 00 (If joint coverage is desired, both proposed insuredS must sign.) ,~O . 6:' AmoU'ItFinanced (4minus'5) .................. $ 32,521.50 . I understand and agree that a portlon of certain of these amounts may be retained by you, your affiliate, or the Seller of thE> goods or services. 71/R(/\"", I,P.RC, >'I.R ?:1:iJ' 041300 T9 rTrr~Hj rNTnrlN~~H~ ,,.,n W0c:-\cc:-ljd<J ;T10NAL TERMS AND CONDITIONS SECURITY INTEREST: I grant you a security Intere.t under the Uniform Commercial Code in (1) the Manufactured Home and in all goods that are or may hereafter by operation of law become acoessions to it, (2) all appliances, machinery, equipment and other goods furnished and affixed to the Manufactured Home including but not limited to the Items listed as . Additional Accessories and Furnishings' on page 1 of this Agreement, (3) any refunds of unearned insurance premiums financea in this Agreement, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactured Home and accessions, and of any Additional Accessories and Furnishings. This security Interest secures payment and performance of ali my obligations Under this Agre..m..nt, including any additional debt arising because of my failure to perform my obligations under this Agreement and includes any contractual extensions, renewals or modifications. Notwlthsjanding any other proviSion of this Agreement you are not granted and will not have a non-purchase money security interest in household gOOds to the extent such a security interest would be prohibited by applicable law. To the extent permitted by appl1cable law, my execution 01 this Agreement constitutes a waiver of my personal property and. homestead elCemption rights to the Manufactured Home herein described. I also authorize you, at my expense, to sign and file, without my signature, sUch financing and continuaticn statements, amendments, and supplements thereto, and any other documents which you may Ir9m time to time deem necessary to perlect, preserve and protect your security interest in the Manufactured Home. I agree that you may file this security instrument or a reproduction thereof in the real estate records or other appropriate index as a financing statement lor any of the items specified above. Any reproduction of this security instrument or any other security agreement or financing statement and any extensions, renewals, or amendments thereol shall be sufficient to perfect a secUrity interest with respect to such items. I also agree to pay any filing or recording fees necessary for you to get and keep in force your security interest, and any' release fees aller this Agreement is paid in lull. PREPAYMENT: I MAY PREPAY THIS 1..0AN IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY. If I make a partial prepayment, there will be no change in the due dates or amounts of my monthly payments, unless you agree in writing to those changes. Any prepaid finance charges are earned when paid. II I prepay this loan in full or default and you demand payment of the entire balance due, no portion of any prepaid finance charge will be refunded. PROPERTY INSURANCE: a. Minimum Coverage. I am required to provide uninterrupted physical damage Insurance coverage protecting the Manufactured Home for the term of this Agreement against less by fire, hazards included within the term 'extended coverage" and any other hazards, Inoluding flood, for which you require insurance, in an amount equal (unless state law requires otherwise) to the lesser of the actual cash value of the ManUfactured Home or the remaining unpaid balance I OWEl from tIme to time under this Agreement (the 'Minimum Coverage"). The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a 1 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 choose the person through whom the property Insurance policy is obtained. If my insurance coverage expires or is canceled prior to payment in full of this Agreement, I must obtain no leSS than the Minimum Coverage at my expense for the remaining term of this Agreement. Shouid I fall to maintain the Minimum Coverage, you may, but are not obligated to, obtain uninterrupted insurance coverage. To the extent permitted by applicable law, iagree 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. it you decide, in your sole discretion, to obtain Insurance, you will notify me of that lact and that the cost, pluS interest at the rata provided for in this Agreement, will be added to my debt. I will repay- such amount in the manner as required by applicable law, or if none is required in the manner requested by you, I understand that the insurance premiums may be higher if you must purchase the insurance than might be the case ill had purchased the insurance, and to the extent permitted by applioable law, that you may purchase the insurance frcm an affiliated company which may receive a profit for this service. ,. Assignment and Application of Insurance Proceeds. i hereby grant and assign to you the proceeds of any and all insl.lrance 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 Manufa'Ctured Home, I shall give prompt notice to you and the insurance carrier. If I fail to promptly notify or make proof of los$ to the insurance carrier, you may do so on my behalf. All physical damage insurance proceeds, Including proceeds from optional coverage, shall be applied to restoration or repair of the Manufactured Home, unless you and I agree otherwise in writing or uniess in your sole discretion such restoration or repair is not economically practical or ieasible, or your security interest would be lessened. It 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 Agreilment, whether or not th~n due, and give me any excess. I authorize any in.surer 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. . ~Lf'1.' l)A~~""""'JI:'" t~:~t t002-r2-dd~ SFA101Hll~9 2t/60'd ~28S [~8 2t~ tg 11a~~~ INln~N~~~~ ,_, ~r_ ~_ c. 'Canc~)lation of Required lnsuL."ee Upon Prepayment in Full. if you have' pu\rchasec any insurance on my behalf, at n 6'j(:pens61 and (f \ prepay in fun the Unpaid Balance due under this Agraement, (1) you witt provide me with any notit required by applicable Jawr (2) I have the right to cancel the insurance and receive a refund or credlt of unearned premiuM" or to oontlnue the insurance; but unless I specifically request cancellation, the insurance will remain in effect until tt scheduled expiration date, LATe: CHARGE: If the Unpaid Balanca at !he time of execution of this Agreement is more than $25,000.00, then 1 agr<>e to p. a late charge if you have not received the full amount of any monthly payment as set forth onl'age 1 of this Agreement. On one late charge will be made on any delinquent installment regardless of the period for which:i8at'instaflment remains in defaul After this Agreement matures, whether by acceleration or otherwise, I will not be charged a'late charge. , . .', r .I~""". . RETURNE;O CHECK CHARGES: I Will pay you $15.00 (or such higher amount Ils.eJl!<wEjd ,bY, la",) if any check given to you i not honored because of insufficient funds or because no such account exists. ....,~....,p"'<I".......;, . ~"':-""'l.')K~,.1ot1J!.ko'" ,.'. EVENTS OF DEFAULT: I will be in default under this Agreemerlt if: (a) [fail t~~~~tit.a7fTffint when due; (b) I breal< an' other promise I made to you in this Agreement, (0) I fail to make timeiy rental" payments: or to pay other charges an; assessments, relating to the Real Property and/or faciHty on which the Manufactured Home is located; (d) I violate restrictiv. covenants, rules or regulations relating to the Real Property and/or facility where the Manufactured Home is located; (e) I fail te keep the Manufactured Home in good repair and condition, as you may reasonably determine; (f) I remove the Manufacture: Home from the address shown on this Agreement unless I notify you in advance and reoeive your written consent; (g) I self 6 " attempt to sell the Manufactured Home or to transfer any beneficial interest therein withouHirstobtaining your wTinen consent (h) I allow the Manufactured Home to become part of any real estate without first obtaining your written consent; (i) I encumbel or abandon the Manufactured Hom~ or use it for hire or iiIegally; or m If any statement of fact, representation or warranty I mak$ to you in my loan application or in this Agreement is faise, misieading, inaccurate or incomplete. NOTICE OF DEFAUI. T: If any of the above specified Events of Default have occurrad, you may do whatever is necessary to correct my default. You will, except as set forth below, first give me a Netice of Default and Right te Cure Default before you accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this Agreement. The Netice will tell me what my default is and hew I can cure it. Except as otherwise required by applicable iaw. you are not required to sefid me this Notice when (1) you have already sent a Notice three times within the preceding one-year period, (2) I have abandoned or voiuntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist which could jeopardize your security interest REMEDIES UPON DEFAUL. T: If I do net oure the default, you may do any or all of the foUowing at the end of the notice period, as allowed by applicable law: (a) you oan require me to immediately pay yeu the entire remaining Unpaid Balance due under this Agreement plus accrul'!d interest; (b) you may raquire that I reimburse you in such manfler as required by applicable law, or if none is required in the manner requested by you with intl'!rest at the rate provided fer in this Agreement, thl'! amount of funds you actually advanoe'on my behalf to correct my default; (c) you may, but are n.ot rl'!quired to, pay taxas, insurance premiums, fees, expenses, charges, rents or assessments respecting the Manufactured Home, or satisty liens, on or to make repairs to the Manufactured Home if I have not done so as required in this Agreement; (d) to the extent permitted by appiicable iaw, you may cancel any insurance ior which all er a part of the premiums or charges was; financed by you, Obtain a refund of unearned premiums or charges, and apply those amounts against the Unpaid Balance, or (e) you can repossess the Manufactured Home. If you are not required to send ma the Notioe of Default and Right to Cure Default, yeu will have !hese rights immediately upon .my default. If you repossess the ManUfactured Home, and I do not exercise any right to oure or redeem the Manufactured Home that I may have, you may dispose of it as required byapplicabie iaw. You wiH give me written notice at least fiflel'!n (15) days before any repossession sale, The notice shall be sent to the address shown as Borrower's Address section on the first page of this Agreement or to any other address which] later give you in writing, Before the sale 1 still may get back the Manufactured Home if I (1) pay you all installments due or past due at the time of delivery of the Manufactured Home back to me, (2) pay you all unpaid delinquency or deferred charges, (3) pay you your costs of suit, including but not limited to attorneys' fees to which you have a right under Agreement, (4) cure any other defaults which may have occurred, and (5) ff my default at the time of repossession exceeded fjfteen (15) days, the expenses of retaking, repairing and storing the Manufactured Home allowed by law, You will apply the proceeds at any repossession sale (1) first, to your expenses In selling the Manufactured Home, then (:2) to your oosts of retaking, repairing and storing the Manufactured Home, then (3) to your reasonaDle and actual court costs and any attorneys' fees to Which you have a right under the terms of this Agreament, then (4) to iate charges, and !hen (5) to the balance stili due, If there is any surplus money from the repossession sale, it wi!! be refunded to me, If there is still a balance due you, I .must pay it to you, except as otherwise provided bY law, It you repossess, you also may take possession of any other property anywhere in or attached to the Manufactured Home. You agree to return all such property te me upon my request. You may hold the property for me at my risk without liabiiity on your part. If you take possession of any such property, you wi1l notify me in wr~ing. If I do not then promptly ciaim and take possession of this property, you have my permission to dispose of it in a reasenab!e manner. 1 wi1l pey any reasonable charges which you may incur for storing or shipping such property. All remedies are cumulative and you may enforce lh separately or too ether in anv nrri.., ,,,'" ", . M------ii~ii"' ,e0C;-iCC:-Cldl:l !ol~':'A1n, IJHM Q ::::tTh " t9 I TCT=1H:I I,NT nrlN=1=lr-i:! C;c/0,'d ~C;8S iC~w w'v ARBITRATION OF I)JSPUTES: a, Arbitration. Yow. and I agree to arbitrate any and all (1) disputes, torts, oounterclaims, or any other matter in questi, between you and / arising out of, jn c"nneotion wan, or in any way relatIng to thfs Agreement eClatms") (including whether Ciaim must be arbitrated) and (2) any Claims arising.out of, in oonnection with, or relating to a transaction invoMng you anc <lnd one or more third parties who have not signed this Agreement whioh a third party elects to arbitrate ("Third Par Claims"). However, neithe:you or' oan require the other to arbitrate (1) any proceeding in whioh a lien holder may acquire convey title to or possession of any property which is seourity under this Agreement, or (:2)' an application by Or on behalf me for relief unde.r the federal bankruptcy laws or any other similar laws of gener1!-! ~PP'.!io'?:tion fOr the reUet of debtor Enforcement of th,s exception to arbKralion at any time will not waive the right to arbitrate any" other Claim or Third Par Claim, including those asserted as a oounterolaim in a lawsuit under this exoeption to. arbitration. . .... b. Rules. The arbitration shall be (1) binding, and (2) governed by (V the Fede~.ai:A;bjtra~Qr\f..~!. CntJe. 9 of the United State Code); (ii) the Expedited Procedures of the Commercial Arbitration Rules.'Il/:-'theFAmerioan Arbitration Assooiation (Ih "Arbitration Rules") in effect at the :ime arbitration is re~uested,. and (Hi) this:-6~~~~.~.2,iit~'.\:;:::~rof thQ.Arbnralicn Rules, fre of cha~ge, may be obtamed by callmg (800) 778,7879, The ar~ltrator shal! ~aV~~f.>oio/$'r.~,,P~o.\,,.I!f,,,d,,bY ll1e Arbitration Rule and thiS Agreement and shall apply the law, inCluding but not limited to all statutes of Dmitation, which would otherwise appl in a judicial action to a Claim or a Third Party Claim. The award of the arbitrator(s) shall be in writing and include a statement of reasons for the award. If the terms of thi Agreement and the Arbitration Rules confliot, the terms 01 this Agreement shall control the extent of the conflict. Th arbitration shail be conducted In the federal judicial district where my resIdence is located, or at any oll1er plaoe mutual! acceptable to you and J. The arbitration hearing shall begin wIthin forty-five (45) days ofll1e demand fer arbItration. If I hava the right to rescind this Agreemant, rescinding it will not rescind Ihis agreement to arbitrate. You and I agree that the arbitration prooeedings are confidential. The information disclosed in such proceedings cannot b, used for any purpose in any other prooeeding. This Agreement is the only agreement between you and I regardin; arbitration, and takes the plaoe of any prior agreements to arbitrate Claims. This Agreement may be modified only by , written agreement between you and I. THE ARBITRATION WILL TAKE THe. PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WfTti A JUDGE OR AJUDGEAND JURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER RELIEF ONLY TO YOU OR I. THERE SHALL BE NO CL.ASS CLAIMS OR RELIEF. ANY DAMAGES AWARDED BY THE ARBITRATOR SHALL 8E LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND I EXPRESSL.Y WAIVE ANY RIGHT TO CONSEQUeNTIAL, PUNITIVE OR TREBLE: DAMAGES. ATTORNEY FeES: If J prevail in any legal action or arbitration proceeding which is commenced in connection with the enforcement of this Agreement or any instrument or agreement required under this Agreement, or in connection with any dispute relating to this Agreement, you will pay my reasonable attorney fees, court costs, and necessary disbursements incurred In connection With such aclion or proceeding, as determined by the court, or the arbitrator(s) in accordanoe with tM law. If you prevail in any suoh actIon or prooeeding, or in the exercise of any self-help remedy as described above, J will pay an~ reasonable fees paid by you to an attorney who is not your salaried employee, together with court costs and necessary disbursements to the full extent permitted by law. OTHER TeRMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the esiimated amount necessary to pay yearly taxes, assessments and insurance premiums that will beoome due within the next twelve.month period; (b) to pay you a transf"r fee ij I sell the Manufactured Home>, unless such fee is prohibited by law; (0) except as oth"rwise prOVided by applicable law, to pay interest at the rate provided for in this Agreement on the remaining unpaid balance plus accrued interest, from the oate of maturity until paid in full; (d) that ff 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 Agreement; and (e) if another person attempts to make payments on my behalf, yeu are not obligated to accept them. If you do accept them, you are not releasing me or waiving any of your rights against me, and I authorize you to discuss with another person who is making payments on my account any Information about this loan, Including its status and your collection procedures and remedies. ASSIGNMENT: You may assign this Agreement to any person or entity. All rights granted to you under this Agreement shall apply to any assignee of this Agreement. . HSPA10~'.Q1S9 ?!:/'t'! . ri I?PI". "I.R ?1:to ~ r b< ~~ ITn~Hj INTnrlN~~~~ ~>;>t ~P1V'1?:-S:-?:-?-1d'd ~ ~-".- c:i'd li:jlOl . . _ _ ..._, ."..... ,.. '''y ~r"OIt nlstory and credit capaCity i. .mnection with opening and collecting my account end share information about m'e and my account with credit reporting' agencIes. Unless prohibited by "'pplicabl.. la....., you may sell or otherwise furnish informaticn abOyt me, including Insurance information, to all otners Who may laWfully receive such information, including spElcffio information about the Manufactured Home, and any insurance policies on the Manufactured Home and the Real Property to any insurance agent to enable such agent to quote premiums to me and solicit my insurance business. WAIVeR, MODIFICATION, INTEGRATION: Your waiver of any default shall not oonstitute a waiver Of any other default. No term of this Agreement shall be changed unless in writing and signed by one of your officers. This Agreement and other doouments executed by me In connection with this Agreement, Is the entire agreement between us and I agree that nO oral or implied representations have been made to Induce me to enter into this Agreement. By choosing or exercising one or more remedies herein, you do not waive your right to Jater use or pursue one or more other remedies. except as limited by applicable law. . v ALIDfTY: Wherever possible each provision of this Agreement shall be Interpreted in such a manner as to be effective and valId under applioabIs law,' but if any provision of this Agreement shall be prohibited by or invalid under applicable iaw, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. This Agreement shall be of no effect until and unless signed by me and accepted by you. In no event shall any oharge under this Agreement exceed the highest amount allowed by applicable law. If any excess charge is received such excess shall be refunded or applied to t!'le Unpaid Balanoe. GOVERNING LAW: Each provision of this Agreement shall be construed in accordanoe with and governed by the laws ot the Commonwealth of Pennsylvania, provided that to the extent you have greater rights or remedies under federal law, such choice of state law shall not be deemed to deprive you of such greater rights and remedies under federal law. NOTICE: You will send all notices concerning this Agreement or my ioan to me at the address listed on the first page of this Agreement unless I notify you in writing otherwise. YOU AND IIiAVE READ AND FULLY UNDERSTAND THIS AOFlEEMENT, INCLUDING THE PARAGRAPH CALLING FOR RESOLVING DISPUTES BY ARBITRATION, AND AGREE THAT THIS AGREEMENT SETS FORTH OUR ENTIRE AGREJ:MENT AND THAT NO OTHER PROMISES HAVE BEEN MADE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COpy OF THIS AGREEMENT AT THE TIME OF SIGNING Borrower ~;....... -e '7L(~ ELDON E. MILLER Borrower Borrower Borrower DATE OF THIS AGR!'.EMENT: !.f-l'i -60 ~~Mrrl.....igMd1D a.nk ~ JrIIIiMIIl ~iatloQ,aa Tlllltoe "llIe\lllllllliamlSaWi"'~ _.,... .. ots.rp",..iller I, :lOOO (bct""<fl ...nt_-'(l~IC:odilLLC), or to Ilr'J '_lOt "1\lIlte ll\e1tlll'de<. fAfJ ~CMit u.c "-hill PmidmOll<lCEO 041300 '\S?A.1Q't.{Jt~4 ?i/7T'~ )?PC C)R ?T~ rq I fn~~~ I~rn~~~~~~ ~ c:O',n lGlGl?-,?->4r1H ~ "'"' ^ < '" ........ . . ....~.... .~.. ~ ':.;,~~-;;~~~:'.~~i1~i?;0 ..~::;.~~, ";.:. :'. I:-~~~"~'~f:~~~~':;f'~"~~~::oi~~f:.~C~ '~~~~:~;=~'~:~;~~;~~~~~~fE::r~.; ::::rT /Cli/l-,...l }?~c:: (').R 71:17 1'I iI co.ll".,Itt::'l~ clhct~ )rQllr ~~'3a j&. !I~~ ~ yw.watll thll Ulla Ul :Qo lisliJd :is. 'Jolr.J: T\:~ W1tn Rlgnt of SUl'l"'.'I:IlRlllP' (Oil ~l'l of ~ .~or, ~l!e i9~ ta ~uM?rla CYClit,l C'.,ro.CK HERE 1::. r;m~. l:-\4 tilfo ....ilI'~~ :':;"'~I\:.s.!., ~~'\O!'l<:la.a&.<l.f~.~ee,rn~;1._a I cru:e~&: ~mer ~~~ to ~t h,Jrs ~.c:st.ale ~"_ _'.~ , .... ,.~ '6i"LJp(OAT.;i' ..... .1':.N.e:.~_~':tcJ( .0....... \"S1'~\oI~]':I .,'" ._.......,. !:nFlU,""'l'" . -- I~""'.~" "i:rTV .. , ,!!~n1 ;p !"..o.v.r.;c~ 11.tS.,r.'..rnCM NUMau. "', . _~:.t::-;--::"'"_. " .~.:+.'~ifO~~~:., .:acl'tlptbA'l'::"; . ~u.~~~~ '1rn'I~ '-.~. ,,-..~.:-'..:," EXHIBIT "B" 'tV'lVlr:-~?'-(irlti . , 400 SOllthpointe Eoulev:r.rd $outllpoinre?l.az.a I, Suite 230 C:u'!.Qr\sburg,?A. 1531i TeL. (71.4) 813-5825 fax (724) 873,582'6 Janu~(y 24, 2001 El..OON E. MtLL.ER 8 ROBIN DR Ne~It.lE PA 172<1 GreenPoint ~ Credit RE: ManUTa~tured Home Loan ~ Acccynt #000002030101600001 NOTlcr OF INTelfUOH TO AC;O:L.r:~TE. [DIJl4ENCE LEGAL ACTION' OR REPoSSESS fOU ar~ new in defa~lt on your ManufQctureci Home L~an Contract. 11 yell eo~r~et the defaytt, you may continue with the contract as though you did not default. Your default consists of faiLure to maK~ timely payments oT one' or mere installments as agreed to in the terms of th~ contract. Thitty~on~ (31) days after the date of this no~i~e, we may have t~e right to cornmenc~ legal "aCtlOn and re~05se3s ycyr manUfsc~ured home. Cure of def~ult: Your may eyre your defauLt by making payment in the ~mount indi~ated b~low: Pas: Due Mc~thly Payment(~) $ 6D9.34 l.a:r!! Chan.l'e(!t) $ 5.00 iota l Oue /.IoU $ 814.34 creditor IS rights: Ahy partial payment of the amount due which is raeeived by u: ~iLl be applied to your ac~ount. You wiLL n~ed to p~ the full ~m6unt by the o~te indicated above in orde~ to eUfe your default. If yov do hot correct yowr default within 31 days due from the postmar~ed date OT thi$' notj~eJ we may exerei$e our ri9ht~ qsainst yo~ under the Law by accelerating yo~r debt and ei~h~r reposses~ing yQur rnar~ta~~urdd home or, it n~Ges5ary, b\lnging a cou~t actton to obtain possession ot your manufactur~d heme. It we etect to exercise OUr rights a~ainst yo~ by repossession ot the manufactured home you may, at any time before We sell or otherwise aispo=~ of the manuracrurd home or ent~r into a ~ontract Tor its sale or other d1SPQ~1t1on, (wh~~h bhall be a~ l~ast 45 d~YS af~er postmarK of th1s ~o~\~e), redeem the ma~factured home by paying ws all amounts d~e plus expenses reascn~bly incurred by us in detach ins and transporting the man~factured home to the site ot the s~le ana Our r~asonable attorney1s fee$, to the extent permitted by la~r pluS court costs. jf you have any que~tionar write to U~ at the address above or calt ~ at the phon~ number listed above betwee~ the hours of .8:00 a.m. and 5:00 p.m., Monday through Friday. if thT~ default was causQd ~ your fai\ure to make a payment or payments, and ycu want tQ pay by mail, please send a checx or ~ney order. Do not ~end cash~ ,/ / M~nager cc: File If any additional r~guLar paymen~ b~comes ~we during this awre period, order to avoid any fUrther d~fauLt. This correspondence is an attempt information Obtained witt b~ us~ fOF that purpose~ -'- this p~yment must al~o be paid in to eollect a debt and any PA 0<4) EXHIBIT "C" ,"e~,i:lO 1088c-Sc-Cldl;! ?:USC0'd ",':8'; >:'-8 c,17 !. ~~ .1 ,j , ~ .~~~ ^ ~ ,,~ - ,~, ,<-..'" --- . ,-,~~ " "',-}, ~~'"' ',<" ','-' >,'.,.", ,'e ,,;0, 0".""",,, -'-"'i_~'_"';.<_.',"" ,t.., '",,",,',",,"'^,"'''''~' __,,,'....~ - ~ '- f;:; (-J ~ '1fl ~ ~ ,Yo;' . O<l * :i Y1 h C> 8 g ~ / ,C> ~ v\ (' 1lJ' 11- ,.,_-""".,--''l-~~~' () c: ?^ :c -<o~:: ~CI ~c: Zr:' )>:c. z: ::< .-- (::) ~ I c...) , ;,,'--;-'-r-j ~~: :'~I~{ ~_.., J>' Xi -<: f'0 <T'. ,.."J:lfl!r_'l,__,~'-~_ !JriTl1i1 8 () -""1 A )"_~_~,",,,,~l SHERIFF'S RETURN - REGULAR CASE NO: 2001-02683 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS MILLER ELDON E JASON VIROAL , Sheriff or Deputy Sheriff of Cumberland county,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon MILLER ELDON E the DEFENDANT , at 2020:00 HOURS, on the 9th day of May 2001 at 8 ROBIN DRIVE NEWVILLE, PA 17241 by handing to ELDON MILLER a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.68 .00 10.00 .00 36.68 So Answers: .~~~~ R. Thomas Kline 05/10/2001 ERIN P. DYER ~ ~1 A.D. r;. 'j~'pr~tJ:n~~~;y ~ Sworn and Subscribed to before By: me this ). 3 MJ. day of --'\1;11. ".," __ ".4U ~ ,. r "'. r-~ . -, , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, CIVIL DIVISION Defendant. ) ) ) ) ) ) ) ) ) No. 01-2683 Civil Term Plaintiff, v. Eldon E. Miller, PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter judgment by default in favor of Plaintiff GreenPoint Credit, LLC and against Defendant Eldon E. Miller for his 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 was served with the Complaint on May 9, 2001 and his answer was due to be filed on May 29, 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 June 6,2001, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 1998 Champion Duchess Manufactured Home, Serial Number 14014E, 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:\GreenPointlMiller, EldonlDJ Only.wpd ;"~"'--'1.,.._,.- .c. . '_~,~R"""~"',~",,~~," ,~~_,<< _ ,___~_,' ~"_ ,.<"','~_" .. d_<"""","'-'_ ~ ,. ___~,__" __~ ,_ ~__ , "' _ W~m iI, ,-" .. ,.~- ., "~ ~ ~.- , -" ,.., ,-~.' '.-,,_. - ~-. ,~,",~'''''J'' _ ",' -,,~ """0 ",'2 '. ~,,,,,~~;1; ',,--,q,', . ~.~ _..,-", " T .... " , 0 0 !~ r ," ,~: ) '''- r1'1 >._- I~- r- r~:.. :1') ::2:~ " , (J) C'\ .< r:: ;-~~ 2: (.' ,,' ,--- ~" ~. ::;:-, ~,'-' -C_1 ....< t::, -', m_':l!'I!!iI;IllJl!l~~~,__ \,,"',,>_-~'''f- ~ll!'1~~, ,_e "~ -' _fl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, CIVIL DIVISION Plaintiff, ) ) ) ) ) -' ) ) ) ) No. 01-2683 Civil Term v. Eldon E. Miller, Defendants. Via Certified Mail #7000-1530-0000-8486-5160 and Certificate of Mailing Eldon E. Miller 8 Robin Drive Newville, PA17241 Date of Notice: June 6, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL YOR BY ATTORNEY AND FILE IN WRITING WiTH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE 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 CANN()T AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWI~G OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 c ~ ~ -,.. -- ~'~- -- . Erin P. Dyer, Esquire Attorney for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\GreenPointlMiller, Eidon\TDN_wpd FILE { .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, CIVIL DIVISION Defendant. ) ) ) ) ) ) ) ) ) No. 01-2683 Civil Term Plaintiff, v. Eldon E. Miller, 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's place of residence is 8 Robin Drive, Newville, PA 17241, and that he 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 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. c,-,,:,,, -=e, Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for GreenPoint 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 " ,_,^>.c,.. ~ ~ ""'G ,u . ,,'__.'<'''__''J' '0""'- ,,~ >'""",,"'-'. ~""~,,,,,,,"-,,^,,,,,.-,,."~ ,.,.,="... ~. '> , ~ ~ ~ ~ (') C:) ~ ~ ~~ Sc: .- \, "\J!:; , L_ ~ nlli' r-- '- -7 ""I 1 " ~I.d C', ~' '-. 0] -~' ~ ~ I ~ \_ - ~-'D ~ ~2~ ,r ; "-... ~:~ (-~~J :;':) ~ j;:.c:_ :..> -< r::J. N' _ _"___~l~ : ~......w~- , ,,~_~-'" ,~, _~~~ ,_ ",n_ ,,-"""~ ~~Ipl """'.~~~-,----- -