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HomeMy WebLinkAbout01-05218IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, CIVIL DIVISION Plaintiff, No. Q( -. S',?(~ C~u~l.~~''"1 v Complaint in Civil Action -Replevin Thomas Ives, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, v. Thomas Ives, Plaintiff, Defendant. CIVIL DIVISION No. Gt- Salk L:.tv~~ t~^'~ Complaint in Replevin ` 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, Plaintiff, CIVIL DIVISION v. Thomas Ives, Defendant. Complaint in Replevin COMPLAINT COUNT I -REPLEVIN l_Iv ~ 1, ` `c2~v, 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 "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. Thomas Ives, hereinafter referred to as °'Defendant," is an individual whose last known address is 16 Spring Drive, Shippensburg, PA 17257. 3. On or about October 18, 1999, Defendant purchased a 1993 Pinegrove Manufactured Home, Serial Number GP38613AB, (the "Mobile Home"), from Royal Finance (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. Seller assigned its interest in the SecurityAgreementtoFlaintiff, 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 $32,000.00 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 August 23, 2001, the Defendant's payments of interest and principal were in arrears in the amount of $776.70. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of August 23, 2001, is $32,331.39. 7. Plaintiff provided Defendantwith 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 tocure the default or return the Mobile Home upon Plaintiffs demand. 9. Plaintiff avers that under the terms of the Security Agreement and Pennsylvania law it is now entitled to immediate possession of said Mobile Home. 10. The Security Agreement provides that in the event of default: a. 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 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 orderto bring this action GreenPoint Credit, LLC was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests: . a) judgment against Defendant to recover the Mobile Home, plus deten#ion damages, special damages consisting of interalia, 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. COUNTII-DAMAGES By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC, alleges the following: 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though fully set forth. 13. This Count is brought in the alternative to the relief sought in Count I. WHEREFORE, Plaintiff, GreenPoint Credit, LLG, requests: a) judgment against Defendant in the amount of $32,331.39 with interest and late charges plus detention damages, special damages consisting of interalia, detaching and transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late charges, and all allowable damages per the Security Agreement, any further costs for repossession and sale, and attorney's fees and costs of litigation in order to obtain possession of the Mobile Home; and b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise disposes of said Mobile Home, a deficiency judgment in an amount to be determined by the Court upon petition of Plaintiff, which amount shall be equal to the difference between the amount owed pursuant to the said Security Agreement plus the damages set forth in paragraph (a) above and the amount recovered by Plaintiff from the resale or other disposition of the said Mobile Home, less expenses. Erin P. Dyer, Esquire PAID Number: 52748 Attorney for GreenPoint Credit, LLC 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412)422-8975 L:\GreenPoinNNes, Tfiomas\CM.wpd VERIFICATION Don Turosik, Collection Managerand 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 are true and correct to the best of his knowledge, information and belief. ~~~ Don Turosik Collection Manager GreenPoint Credit, LLC QEfd f~'svt.vaNl~ ~!~°fE, ~ISCL®~IJRE 9~~1L`^a~~l~s''; : ,..~f~~~~EN7, ® .Q~°aR~E~~NT ~~ ~~ITRAI-~ (~96~~1T1@Ptt) ~ORRQWER(S): NAME: THOIy?S SVaS _ _ -- NAME: NAME E~FiPOWE NAME: -__- AooRESS ~~z M.oimtT Roca ROF.'~_ STATE: pA ZiP CODE: 17_2 57 - PNONC: r, i] i)-- a 9 6 ~ S, IACATIONOFMANUFACTUREDNOME: - 16 5?al~;~' C'~::._I:+~i~, SfiIPP~;VS Ydif'i ~iX~67 ifi„ c I E iJ+Fi~b. + 64HIY fa;%~~;~i"~ tAAN ot~w: a• C 1 1 C 1 fig 9 ~1,...,....._~ C ~i']R~ ~; OFFICE NUMBER: 7 9 07 7 ~ (a-"I:';~~~• toan souRCE No.:_ f,~FS~"si ACCT. N©.: _ CPN!~'~!~'~ 1nACS nro. _ f"~a'~~."%:?Ci1FUNDINGCC)D~: COUNTY: CuT~mn.? F~I4D c+TV: Si-iS>??SNS~TJRC L9i "I," "me," "myself" or "us" means all parsons tivho :ic;~~ :iris ,agreement as borrower or co-borrower, jointly and sev®rally, and °you" or "your" means the Lend®r indicated belay. _r; ,:~ dace of this Agreement, I borrow from you the Unpaid ®alance shown below. The manufactur®d home d®soribed Below; io~air+er w~h furnishings, ayuipment, appliances and +~ccessorias affixed to the manufactured ham® (called "Manufactured H~r;t+°; se~rvures this loan as set forth in the Secunry Agreement contained herein. LEN<aEFT: GREEN?DINT Ck°_DI'T, r r G PROMISE TO PdY: I premise to pay you at such zzu,li..~ as you may directthe principal sum of: Tr'SRTY ONE T^OUS?.11D ONF_ n~OR~~ 't`~; :,:."~~ S:VEN ~\D 00/100 DOLLa25 (US S 31 , 127.00 ), {the "Unpaid ciaan_-;' or so much as may b® outstanding, with intBrost at the rate of 13.75 _ per year anti! the debt is paid )n full. The Unpaid =.:!.. - <:Itinll incWde and I will pay interest on any prepaid finance charges you agreed to advance me, I will pay this amount in n;c~:Yud; Ir~tallments as shown herein in the PaymentSchedul®until the Unpaid esa(ance plus aft accrued interest is fully paid. tu~iiJo;raliy, i promise to pay any oth®r charg®s tha4 I may owe under the Agreement. If on 10/18/19 I still owe .r;r':y :count under this Agreement, f will pay suoh amount in full on that date, whioh is called the "Maturity Dat®." When you ualt;trlais i,~tor€st, every year shall hav® 360 days and avaly month shall have 30 days and each monthly payment will be applied ds rji r; r:: scheduled due date. The cost of my credit as a yearly rate; 14.25 °fo pAYMENT3GNEDULE: 7T12 dollar Qnuu,trv we 6r2dli veil 0054 m@' $ 61,:51%i,oL' Amount Pinanc®d The amountof cretlit pprovided to me or on my Behalf: S 3C,227.CC~ XN.1!VUnF:u).,r„e.YU.ianu, ~ ...... -:o;ii g 381 ~ I ;onNly oegv+ning 5 _ Ct iF,an,hlY ginning $ • C b ~ s:non~ly, Beginning .OrJ I ~payenant= R I payoff early, i will not haV6 ro peya pan%i~;. SoeurHy: I give you a sacuriry interest in: X iha ManulaClutatl Hom® and irousa LabJfloods. Total of Payments Tha amount I ~rll have paid after I have made.all payments as schec S 91,545.60 Lam Charge: If the Unpaid balance is greater than 5E3;~r~0.UU _~:~ it the payment is mare than 15 tlaysla~, I veil ba charged a late chatrueot 5%of the unpaitl amountoi suoh payment nott0 e:=c~:a;:::.G6- aneumption: SomeoneouyingmyManufacturedHom_r,rsy:.,,?ssumameremaintlarofthisAgre®menlontheoriginalteenswit'noutyaurpdorwntten consent. ~ Q 3acurlCy Intotoat Charges: Security lnter8st F®es 3 _ __ ~. ~ '7 t~_ Sae the terms of this Agreement for additional intorm3tiai i ;!:~=, ~_.: ~;n~aymant default, required repayment in full celore the scheduled dau, and prepayment refunds and penalties. - If you do eat m®et your obligations undo EXHIBIT °°A'° toured Home and ol:hBr household goods. v PAGE IOF< t?4~90 .~ ~.~OS ~~.8 2t~ : ~b :~OLrI 4k:10L-i7L'Ji~l~l C/ TRAGENAME: PYN!"GROVr^, i^ YEAR: 1993 NE`iJ: LSED: X /LENGTH: 6C k. WIOiN: 2~ tt, seRIA~ cP3aslaA>a NUM9ER5: ITEM ~ . SC. !'i ~pF~~ j I !,,,:._7~}~N~~ .:. '..:__.3F~1A1~!NUh9BER"u .:z^'! !i'~ ADDITIONAL ACCESSORIES --___... - „~_ AND FURNISHINGS: 9, z. Amoun[ of credit provided to me or on my benai: S 30,199.50 _ b. Amount credited to my account: S _...__ 2. Amounts paid to others on my hehalf:" a. To Insuranc®Companles: (t) Property lnsuranc® S -_- (2) Cred@ Lite Insurance, S b. To Public Officials: (1) Certificate of Title S 22 . _: i~ (2) FYL~I\"G A ES 5 _~ ~ C __ a To: - Far: - s - ~_ d. To: ~-,.---- For: ®. To: _ __ For. To' ROYAL ~INAaVCE Or^ ?EN?vYS:.;{%?_~.- For: B'.20KE°. ~'cim S _ 9_0 0 . 0 U-- g. Ta -__. For: __-- ~ _._. h, To: For i. To: -_ For. _-_- . For. k. To: For. 3. Amounts paid to Lender: ., For. ~,., ausi "l~~aNBi1fl~lCEi;::; ~s:•;,`!F"":";r;~i'_ ~ PROPERTY INSURANCE: Prop®rty lnsuranc® on the ~ Manufaetur®d Home is requirod for tho term of this I Agreement. I have the right to choose th® person through whom fl is obtained. ey marking my .Initials j I next to a "Type of Insurance" listed below, I elect to j j buy the Insurance coverage indicated for th® t®rm and premium shown, and f want you to finano® it on this Agreem®nt. ~ ~ I Type of Insurance Tc>trm Fr®mium I v PMycieal oemega Cowr49o _~ '~ w j ~ ~ S ~ INJURY ANDSPR PERTYODAMAtaE CAiJSEDDTO OTHERS 1S NOT INCLUDED UAdLESS INDICATED j IN THE PROPERTY INSURANC£ 5EOTION ABODE, CREDIT LIFE INSURANCE: CREDIT LIFE INSURANCE IS NOT REflUIR@D FOR THIS j AGflEEMENT OR A FACTOR iN !T'S APPROVAL. IT WELL NOT 6E PROVIDED UNLESS I SIOaN BELOW AND AGREE TO PAV 7WE ADDITIOt`IAL COST. ff I ~ elect Oredit Life Insurance, the name(s) of the ~ i proposed insureds) are; Proposedlnsured ~~ Proposedlnsured .- j ~ (Onry spouse can be insured Jointly.) This insurance may not pay oft 4tta entire Unpaid Balance under this Agr®ement. The ®xact amount of eoverag® is shown on my policy or certificate. My j signature Indicates my election to obtain Credit Life ~ . Insurance coverage for 4he term and premium shown: Type of Coverage Term Premium Singl® ~ Jcint ~ ~-- (signature) ~~ 4. Unpaid Balance (ta and tb. plus 2 and 3) S _, . , !_ _-, ~! ~ 7 . C C S. PrepaW Finance Charge 9 0 C. C C {s+gnalur®) ~~ (u pint cav®rage 1$ dash®d, bats proposeu insureds must sign.; 6. Amount Flnan~d (4 minus ~ ~ . __ __'_, 227.00 I ' 101899 1 understand and agree that a portion ~ in or these amounts may b® retained by you, your aftiu ~ ~ ''r'.3 Seller of j ri,a mods orservioes. '2 ~ GInh- fJ2Y paGE 2ef ZTiLa'd LZSS BLS z'Cv ?9 17f1~?a'J iNifhNti~N9 0~:0© LrJ6~-~Z-9~iC ' ~A.I?BlifC`ri.::.:.::, k~i~ aN®CONOITIONS _ SECURITY INTEREST: I grant you a seburiry intir.~.::.:;,~.!.,r the Uniform Gommerciat Code in (9) the Manufactured Home and in all goods that are or may hereafter by operati®n c, ~_-' !,..:corm accessions to tt, (2),all appliances, r~acninary, oquipmsnt and oth®r goods furnished and afPlxed to the Manur'_cur::a,! Nome including but not IimRed to the items rsted as °Addftional Aocessories and Furnishings" on page 9 of this :^.yc:_:~i.::r,t, (3) any refunds of unearned insurance premiums financed in this Agreement, (4) any substitutions or replacamonY_ ~::::_ foregoing, and (S~ all proceeds of such Manufaotur®d Home and acc®ssions, and of any Adtlitional Ado®ssories are::."c:.::~hings. This security interest s®cures payment and p®rfomlanca of all my obligations under this Agreem®nt, including airy 2u~ih.i:;na1 deb4 arising because of my failure to perform my obligations under this Agreement and includes any contractual exien <;c,,:, ; uriovrals or mod'rfications. NotwRhstanding any othor provision of ibis Agee®ment you ar® not granted and will not have = ~;:,,,-;:::rehas® money security interest in household goods to the ®xtent such a s®cueity interest would b® prohibited by appiic;.::d :sr. Yo th® extent permitted by applicable law, my ex®cution of this Agreement eonsiftutes a waiver of my p®rsonal ;-;:;.,:::; ar?d homestead exemption rights to the Manufadtur®d home herein described. I also authorize you, at my exp®ns~., ~icri ~xnd file, without my signature, such financing and oontinuation statements, amendments, and suppl®ments thereto, a:nd :;.:.y other documents which you may from time to tir~t®doem necessary to perfect, preserve and protect your security r,i_i<:~t in zhe Manufactured Home. I agree that you may file this security instrument or a reproduction th®reo4 in the r®al asi:r~ r..:..ords or other apprapriata ind®x as a financing statement for any of the items sp®etfied above. Any reproduction of this :;ciclJri`: i:7atrument or any other security agreem®nt or financing statement and any extensions, renewals, or am®ndments thereof :;i,:- is !;~ sufficient to perfeot a security int~rsst with respect to such items. I also agree to pay any filing ar recording f®es n~c~:;sa:y icr you Yo get and keep in forc® your security Interest, and any release fees after this Agreement is paid in full. PREPAYMENT: I MAY PREPAY THIS LOAN i'f's t : is-_ .'i! 1N PART dT ANY TIME WITHOUT PENAL'TYe If I make a partial prepayment, there will be ne change in the dud de::i:.a ;~ :rrrounis of my monthly payments, unless you agree in wrfting to those changes. Any prepaid finane® charges ar® ®amed ::!ii .r~ cxid. If I prepay this Idan in full or defaul4 and you demand payment of th®entire balance due, no portion of any prepaid r ::an :.. -barge will be refunded. PROPERTY INSURANCE: a. Minimum Coverage. I am required to p:~.~~iu, uninterrupted physical damage insurance coverage protecting the Manufactured Home for the term o4 this Agr_.:.:rrs,nt acainst loss by fire, hazards included within the term "extended coverage" and any other hazards, including 5ic;oc, r .r ~,~~hich you require insurance, in an amount equal (unless state law requir®s otherwise} to the lesser of the actual :.~::;i, >alua of the Manufactured Horns or the r®maining unpaid balance I owe from time to time under this Agreement (the "!viini:::,~!~?overage"). The insurance policy will contain a loss payable clause protecting you (as your inter®st may appearj, .-,:::J p: wide fora 10-day notice of canceAatidn to you. Unless you consent in writing, I shall not add any additional loss pay~.,_ _.: ,;:<: insurance policy. I have 4he right to choose the person through whom the property insurance policy is obtained. It .n;. ir:°~.nar?ca coverage expires dr is Banc®I®d prior tc payment in full of this Agreement, I must obtain no less than the PlJnin;~,:: -overage a4 my expens® for the remaining term dr this Agreement. Should i fail to maintain the Minimum Covarua~, ,; < u~ay, but are not obligated to, obtain uninterrupted innocence coverage. To the extent permitted by applicable law, i ~,gr.? ::Irt any insurance you purchase may be for the proteotion of only your interest in the Manufactured Home, may not roil',; ;,~,,.~et me in th® event of a loss, and may be for such reasonable period as you determin®. IP you decide, in your sole disc: site::; :u obtain insurance, you will notdy me of that fact and that th® crost, plus inter®st at the rate provided for in this Agra:~nr.r::, .~rili b® added to my dept. I will repay such amount in Yh® manner as r®quired by applioable law, or if non® is requir,.:<; i,: Ste manner r®quasted by you. l understand that th® insurance premiums -may be high®r 'rf you must purchas® the insur~;roa, tl~ ~n might be the case if 1 had purchased the (nsurance, and to the extent permitted by applicable law, that ycu may pwch~.:~ ind insurance from an affiliated company which may roc®iv®a profitfor this service. b. Assignment ar'~ Application of InsuPSrt_. ;-....,~.=~~s. I hereby grant and assign to you 4he proceeds oP any and all insurance coverag® on the Manufactured E~:~r::., !ncluding any optional coverage, such as ®arthquaka insurance, wnicn in type or amount is beyond the M inimum Gov~rsa; _. , .i1e event of a loss to the Manufactured Homa, I shall give prompt notice to you and the insurance carrier. If 1 fail to pren;;;~;y otihr dr make proof of loss to the insuranc® carrier, you may do so on my behalf. All physical damage insurance proc~:~--!,;, ,,:-;;uding proceeds item optional coverage, shall be applied to restoration or repair of the Manufactured Home, unless ;:;: ,rrd I agreeotherwise in writing or unless in your sole discretion such restoration or repair is not economically praci~::.~i .;r 7~~~ibl2, or your security Interest would b® lass~anad. If such restoration or repair is not prectical or feasible, or your c.,.;:~~ ~~ ~ iriterasf would be lessened, you Shall apply the insurance proceeds to the remaining unpaid balance of 4his Agraern.:rd, .:.. iher or not then due, and give m®any excess. I a~.tthorize any insurer to pay you directly. !hereby appoint you as m;~ li;rlii. ! =ftarneyin•faet to Slgn my name to any cheek, draft, or other document necessary to obtain such insurance paymer~i:.. ..._ _.,, aaee 5 of e ZT/8a'd G28S ELEt 2"~~ ~s9~iTQ~2i~~iN~iOdN~~'u~ oD:n/J 'iaZZ-~2-9i id . c. Cxancellation of Required Insuean~e Upon, i~r.~;:-_ ,:;~r,e fro Full. If you have purchased any insurance on my oena,r, at my expense, and if I prepay in full t: ~,.-Jnpaid u~i_..,s., ,iu: under this Agra®me (1) you will provide me with any notice required by applicable law, (2} I have the right iu •.;.,;;,;.,t'1~0 insurance and receive a refund ar credit of uneam®d pr®miums Or to continue the insurance, 'buY unless I sp.;ciricJiy ~2que5t caneetlation, ih® insurance will remain in elf®cf until the scheduled expiration date. LATE CHARGE: It the unpaid Balanoe at the tiln~ :; ..::-.:.:uiion of this Agreement is more than $25,60o.0U, than ! agr~ to pay a late charge it you have not received 4he full ame•_r,~ - ;any monthly payment as set forth on page 1 of this Agreement. Only one late charge will tee made an any delinquent in~~aiL,:.:~~ ~': i ~~gardless of the period far which 4hat instatfinent remains in default. A4terthis Agreement matures, whether by accelar ;lien _:: ~ihurwise, I will not b® oharged a late charge- RETURNED CHECK CHAAG£S: I will pay you 5>, .~~,_ iu. such higher amount as allowed by law) iP any oh®ck given to you is not honored because of insufficient 4unds or beau:>~ ;;o uch account exists. EVENTS OF DEFAULT: I will h® in default under iS,io .^,Jreement if: (a) I fail to mak® any payment when due; (b) I break any other promise l made to you in this Agre®rrteni, 1:;; ! i:ail to make timely rental payments, or to pay oth®r charges and assessments, relating to the Raal Property andlir tr:cilii, on which the Manufactured Home is Iecated; (d) I violate restrictive covenants, rules or regulations r®lating 4o tf,a Rcai ~ r<,,,;.-„~, and~or facility where the Manufactured Home is boat®d; (e) I fail to keep the Manufaotured Home In good repair anLl x~n ir,,r7, as you may reasonably d®t®rmina; (f) I remove th® Manufactured Home from the address shown on this Agreema;~* , nio:.~ i eati'ry you in advance and reoeive your written consent; (g) I sell or attempt to sell the Manufactur®d Homa or 4o tranzaor :.r,~~ beneficial interest that®in without first obtaining your written consent; (h) I allow the Manufaotured Home 4o becom9 part i ,:y real estate without first obtaining yourwrift®n cons®nt (~ I ®ncumber or abandon the Manufactured Home ar use it for i;ir~ :: r illegally; or (~ Ii any statement of fact, representation or warranty I make to you in my loan application or in this Agreemor•~i .a is :::;, ~r,islaading, inaccurate or incomplete. NOTICB OF DEFAULT; If any of th® above spec iii::l _d:ants of Default have occurred, you may do whatdv®r is necessary to correct my default. You will, except as set 4crth u.clo~,:, first giv€ me a Notice of Default and Right to Cure Defauf4 before you accelerate payment of the remaining unpaid balan,;,; I u~Ne yeu or repossess or foreclose on any property which secures this Agreement. The Notice will tell me what my defr,ui, i, zed 'new I can cure R. Except as otherwise required by applicable law, you are not required to send me this Notic® when ('i) `you hwa already sent a Notice three times within the preceding one•year period, (2) I have abandoned or voluntarily surrer~~.:raJ ii1:3 i~9anufactured Home, or (3) other extreme oircumstanc®s exist which could jeopardize your securRy Interest. REMEDIES UPON DEFAULT: If I do not cure il:;, ~!;,: _uii, you may do any or all of the following at the end of th® notice period, as allowed by applicabl® law: (2) you can require ri.: f : irnrnediately pay you the entir® remaining Unpaid Balanoe due under this ,Agreement plus accrued interest; (b) you may r:,, .~:.; ii,ut 1 reimburse you in such manner as required lay applicable law, or if none is required In the manner requested by you srfth ir.arOSt at the rate provided far In this Agre®ment, the amcunt of funds you actually advance on my behalf to correct my det2Uii; ~ :) yuu may, but are not raquiretl to, pay texas, insurance premiums, fees, expenses, Charges, rents or assessments respe~tirr_l she Manufactured Home, or satisfy liens, on or to rnake repairs to the Manufactured Hame If I have no4 done so as reu,uir~.: ir. this Agreement; (d) to the extent permitted by applicable law, you may cancel any insurance for which all or a part or [iu _r:'srniums or charges was financed by you, obtain a refund of unearned premiums or charges, and apply those amounts e.q<.in:.c iha lJnpaid Balance, or (e) you can repossess the Manufactured Home- !f you are not required to send me the Notice ci' t:!-c-ui end Hight to Cure 0®fault, you will have these rights immediately upon my default. If you repossess the Manufaotured Ho;rra, :_„b I do not exercise any right to cure or redeem the Manufactured Home that l may have, you may dispose of R as raquiaad !.~;~ upplioable law. You will giv® me written notice at least f'rftaen (15) days before any repossession sale. The notice shall u~ ;r,:o the address shown as 6orrower~s Address section on th® first page of this Agreement or to any other address which I iaic:r ,jive ;rou in writing. Before the sale I still may get back the Manufactured Hnme it I (1) pay you all installments du® or past :Itc, ~,r rho time of delivery of the Manufactured Home back to me, (2) pay you all unpaid delinquency or d®terretl charges, (~) ;-•_y ,',:u your costs of suit, Including.but not limited to attom®ys' f®es to which you have a right under Agreement, (4) cure arr~ .~tP;ar defaults which may have occurred, and (5)rf my defauft at the time of repossession exceeded fifteen (95) days, the •~;c ~, --~ or' retaking, repairing and storing the Manufactured Home allowed by law. You will apply th® proceeds of any repossts:cio„ ~,ala (9) first, to your expanses in sailing th®Manufactured Homa, th®n (2) 4o your costs of retaking, repairing and storing [i•~- isl: nufactured Home, 4hen (3) to your reasonable anal actual court costs and any aftomeys' tees to Which you have a right urau Yha terms of this Agre®menY, then (4) to late chute®s, and then (~ to the balance still due. If 4har® is any surplus mon3;; u,1,~ ii;e repossession sale, ft will b® refunded to me 1'f 4har0 is still a balance due you, i must pay 8 to you, ®xcept as othenf;:-= ; r -:~iued by law- If you repossess, yeu also may take possession of any other property anywhere In or attached to the Manwi<ct::r ~l ;-Icrrl~. You agr®e to return all such pr~party to me upon my r®quest- You may hold the property for mo at my risk without ii_;uiit:r cn your part. If you take possession of any such property, you will notfij me in writing. If I do net then promptly claim a,~,d ~_d;~: ~assassion of this propery, you have my permission tc dispose of it in a reasonable manner. (will pay any reasonable ei G;r;,.~- ;~rhich you may incur for storing or shipping soon ;oroperty. All remedies _ __., s~.,.e rn®RS ,c~e~-~r~;.;',u ~ =~~:3"~fi~k+ ~3~er you deem necessary to prctect your s®curity. " _ ._ _ :.u~~ e.,,~.,,~n ZTi60'c LzBS ~L8 ZTv i9 liQ~Zt~ 1:vI0div~~J9 ~S:6d tar;2-v~-~~ io ARBITRATION OF DISPUTES: a. Arbitration. You and l agree to i ^ :rato ant .;,~ _.ii {i) disputes, torts, cob;~ rclaims, or any other matter in question between you and I arising out of, in connection s,iri:, ,: in any way relating to this ~greemant {"Claims") {including whether a Claim must be arbRpated) and (2) arry Clalrers s:;~i::; ~~~i of, In connection wkh, or relating to a transaotion involving you and I and one or more third parties who have clot i;;r~..a -ibis Agreement which a third parry eiacts to arradrata ("Third Parry Claims"). However, naRher you or I can require t~:_, <:rF-:aria arbdrate (1) any proceeding in which a lien holder may acquire or convey 4itle to ar possession of any property ~:nr.,::: is ,::curfiy under this Agreement, or {2) an applieai:ion by or on behalf of me for relief under the federal bankruptoy tar:=: -~:::ny ocher similar laws of general application for the raliof of debtors- @nforcement of this exception to arbitration di :_~;, :.i;;ia will not waive the rlghY to arbitrate any other Claim or Third Party Claim, including 4hose asserted as a countorclsin ~ r: ~ lav,~3ud under this exception to arbitration. ic, Rules. The arbitration shalt b® (1) binding, anc: ; _i ,;a;amsd by O the Federal Arbitration Act (Title g of the L)nitsd States Code); (i) the Expedited Procedures ofi the `+:,~n;~:~rcial Arbitration Rules of 4he Amsrioan Arbitration Association (the 'Arbitration Rules") in effect at the 4imo art itrnii;~;, i:; ~`~quasted, and (ii) this Agreement. A copy of the Arbitration Rules, free of eharg®, may be obtained by calling (890) 7 ~'r>-;`~ i'J. -i"ne arbitrator shall have all powers provid®d by the Arbitration Rules and this Agreement and shall apply the law, i~._;Ia ii;.; uuut not limited to all statutes of limitation, which would otherwise apply in a judicial action to a Claim ar a Third Party ~k~irn. The award of the arbitrator{s) shall tae in v;nrnr; _r:u' include a statement of reasons for the award. If 4n® terms of this Agreem®nt and the Arbtration Rules conflict, ii7.::.rnys of this Agreement shall control the extent of the oonflict. The arbitration shall b® conducted in 4he federal ;ur.;i..:i:;l :.ii~trict where my residence is located, or at any other pldoe mutually acceptable to you and L The arbftretlon haarlr;c: si: Ji ; ~~~in wfthin Forty-five (45) days of the demand for arhRration. If I have the right to rescind this Agreement, r ~+~cl,lcl,~~~.i it will not rescind this agreement to arbitrate. You end (agree thattha arbitration proceedirji' ;_;; -acmfidential. The information disclosed in such proceedings cannot be used far any purpose In any other procee::;in:,l. i;,is Agreement is the only agreement between you and I regarding arbftratian, and takes the place of any prier ~gr~::rrn~nts to arbitrate Claims. This Agreement may be modified only by a written agreement between you and I. TWE ARBI7AATlON WILL TAKE THE PL::_. - ,;_ >;i~J`Y OOURT PROCEEDING, INCLUDING A TRIAL WITH A JUDGE OR A JUDGE ANA JURY. THE AR®17RdTG; ; ;r:-.'/ ~,bUARD DAMAGES OR OTHER RELIEF ONLY'i O YOU OR I. THERE SHALL BE Nd CLASS OLAIMS ~.::::-_.:i=. ANY DAMAGES AWARDED EY 7ME ARE~rI'RATOR SHALL BE uMITED TO ACTUAL AND DIAEOT DANIs-,;~:~:::. (rat` AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAL, PUNITIVE OR TREBLE DAMAGES. Ai fORNEY FEES: If I prevail in any legal _:.c~ic,; <.;r arbitrtion proceeding which is comm®nsad in aonnaetion with the enforcement of this Agreement or any instrument ,; ::raament required under this Agreement, er in connection with any dispute relating to this Agreement, you will pay my ra=:~~:a:aa attamey fees, court costs, and necessary disbursements incurred in connection wiihsuch action or proceeding, as ~i.i~r~;fined by the court, or the arbitrator(s) in accordance with the law. If you prevail ;n any such action or proceeding, or i. ~ ii,< ~xzreise of any self-help remedy as described above, I well pay any reasonable fees paid by you to an attom®y :~ri,+~ i.g oat your salaried employee, together w8h court costs and necessary disbursam®nts to the full extent permitted by lavv. OTHER TERMS AND CONDITIONS: I agree; f ) ~o p:~y with my monthly installments, if requested by you to do so, the estimated amount necessary to pay yearly ta;.~,:,.:.:.., cements and insurance premiums 4hat will become due wi4hin the next twelve-month period; (b) to pay you a transfor >>:: ;i I call the Manufactured Home, unless such tae Is prohibited by law; (c) except as otherwise provided by appllcablo la:.~, _~. ;:ay interest at the rate provided 4or in this Agra,ament on 4he remaining unpaid'halance plus accrued interest, from th. d~-t: of maturAy until paid In full; (d) that if 1 am rparried and residing in a community property stela, bath my community ;:;%,I;._.~ y and separate property will be liable for all payments due under this Agreement; and (e) iF another person attempt; iu .r--.'ra payments on my behalf, you are not obligated to accept them. It you do accept them, you era not releasing ma ar wai~~ir:r. _::;, of your rights against me, and I authorize you 4o discuss with another p®rson who is making payments an my 3e.~cruP,i any information about this loan, including its status and your Collection procedures and remedies. A: SIGNMEN7: You may assign this Agreem:;:,: t~ ~:r~y parson or ent¢y. All rights granted to you under Phis Agreement shall apply to any assignee of this Agreem®nt. - paGL50F6 2Tid~~a LZSS ~L8 z'Gv ~9 1iG~2~~ 1:yiDafv~32i`J ZS:o7 '662-vz-Sib' _. _ -.. OREDIT INFORMATION: You may investigate rm; ,.r,: my account and Share information ab me and .r.=..::. you may sell or otherwise famish information ai~ei ::: such information, Including specific informatlon abeoi c. Home and the Real Property to any insuranoo a~+-:. business. ;li ~~istory and credi4 capaoity in Conn®ction wreh opsn:ng ana couecnng ::,t ~.~ith credit reporting ~: tcies. Unless prohibited by applioable law, ,cluding insurance information, to all ethers =whc may lawfully receive ivianufactured Home, and any insuranc® policies an the Manufaotured _nabl5 such agent to quote premiums to me and solicit my insurance WAIVER, MODIFICATION, 1NTEGRA7ION; Your ::_;;;..: c any default shall not constitute a waiv®r of any other default. Nc term of this Agreement shall be changed unless i„ ~~,ii~,g and signed by one of your officers. ?his Agreement and other documents executed by me in connectien with thie ;,i;:.-~:n~nt, is th® entire agreement betws®n us and I agr®® Yhat no Oral or implied representations have been mad® to induce ;.;~ _; cniar Into this Agreement. By choosing ar exorcising one or morn r®medies herein, you do not waiv® your right to lei:;: i:.:;,; : ~r Iaursue one or more other remedies, exo®pt as limited by applicable law. VALIDITY: Wherever possible ®ach provision ci J i:..,,lr;~rnant shall bo interpreted in such a manner as' to ba ®ffective and valid under applicable law, but 'rf any provision e ~l;i~::;~,;~osment shall be prohibited by or invalid under applicablo law, such provision shall be ineffective only to tho extent ;i suci, prohibition or invalidity, without invalidating the remainder of suct. provision or the r®maining provisions of this Agrs~,n =: 11',is Agreement shall be of no effect until and unless sign®d by m® and accepted by you. In no ®vant shall any charge uru~?r .: ~i ::=.9rsem®nt exceed iha highest amount allowed by applicabl® law. It any ®xcess charge is received such ®xcess shalt i,; r< n::i~cf or appifed to the Unpaid 8alano®. GOVERNING LAW: Eaoh provision of this Agrea:n~m .hall Ise construed in accordance with and govgmed by th® laws of the Commonwealth of Pennsylvania, provided that to roe ..,d.:ni you have greater rights or remedies under federal law, such choice of state law shall not be deemed to deprive you or ;eci: ,Ir=atsr rights and remedi®s under federal law. NOTICE: You will send all notices conoarning iP:i._ ; :y ~..~rnant or my loan to me at the address listed on tho first page of thie Ag reemen4 unless I notify you in writing othenules. YOU AND I HAVE READ AND FULLY UNDEfy~~?_,.e.,-. iil~ .AGREEMENT, INC6UDING THE PARAGRAf~W GALLING FOF. RESOLVING DISPUTES ®Y AREITRATIOPd, :i'ii.; ;~r~AEE T1iAT THIS AGREEMENT SET" FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROftlilSd'_= i.-.?rte BEEN MADE. ®®RROWER ACKN®VYGEDCaES RE~«i: ~ .;= ~ ~DMPLETED CDPY OF THIS A~REEN1Ef~T AT THE '4~ D~ S1~NINC Borrower ~' ______ borrower T'r.O?~.F S I`rlES borrower Borrower GATE OF THIS pGfiEEM6NT~ ,, . orb ~ C`l 101899 Z L/~L~~O LZ85 ~La 2LP C9 17 CI~N'l I iJ i flnN=tihR PnGE ECF, ~S:nLi ~~ZZ-'Jir J. IO '.~~ 1y f~ m ~ JAI ~CI ~ II ~~If y ,. +'. ~.~E$'L~L 'L7F.TITLE FOR A VEHICLE ~~ '~ s 409 ~, ; Ta.. '99326fl03300~a2~i _.~_ ' G~3P°b?~3a~ ,. j ~"~93' ,. P~N~ GR~vE ~l~~S~adS~''~35ne' ~~ Y" ~VENIOLE IDE"(1'IFIGTON Nor lEC~t ~ ~ I YEnfl , IAN(E OE VEHILxLHC _ ~~ ~ ~: TIR' NLI'.I¢EF ~~~ MH ~ .: 9 I , ~cf2B199 :E~~~1P;i '.~ ``. BOpY TVPE I... .._ . plrP ~ . o IICq plilE $T.1TE _... (IiDOM. Efl000 OATc ~~ . C^_OIA, MILES CIDCI.I. ST YU4 ,~ x/21}93 l b2>s'2,J . ; I f .; . ~ OPTS Ga r.TLEO DATE OFI 1 '-- ~ urauDEY rvEIOHf CvLVA GCtVP ~~ lSLE 9PoWpG _ _ O'JOME'E+SI'4'll9 e v ACNAL MILEAGE ' •Mry^JG!E%C~=D3 TUE FI[CNAw_.:L CM1I(E J s WP qnE dCTUµ I+II ^J'.[.E J • nbi TlE ACNA_ A'ILPFpEOCOME!'ul -- ilugpLx~VSgtFIEO ggppCgyO /qy 9 ®DOILIvILR UISCLLI ~;,'. 11 1 Aw-- 4. +v'3EHPf FA0u 000]IE-i CSC:J3JAE R£04TEFEO OYMER(5J RILE DNUmD A • AnnOYE vEnICIE ~ . CLa%IC VMC:G ~-NO~a. s, T~~rs D-mLLErn6~e vexlc~ O F yy L~ ,~++ ee9 p~ R I ~ D R ~ ' S - P UFUO roq~.Cxu s. xN-L a •Oq~6 T d V b, ~.~M OH.grEt?IOn qq ( + y s 'y • y T PP CItlJSURl9 E'rv "S brVEYICVC4ICLE l LpG ._ II . G p . ly:.vA9 A PG'JCC VEM%L 0. • RECL`d'nV~'EC E ..'rTPCK qC0 1 . RECBVEFE]~+[W VEMCLE - V . VFN16L6 L]i?AINE gEl$'a'JF'l V'.N FIST UEN FAVDR OF; L L C FIRST L15N gElr^aSEC --- n;n.. 6v uITNOFIZF_n REFITeS'2~YC: nvE MnICNG ApORESS GRE~NPOIN'~ ~~.'=._ ~ORP L L C SY~ 2Q•7 EXYDN PA 1 i3'c I: my a el 616 ms al Issue ~a dl.a F~vryNea DBD3mrA]' 011fWanvl On Rll.el Pel IM1V p'fM(fl L J . _.•.J YA01~ IL M pMU: owna! al Ne Ba9 VsM[le. Su9SGAIBEO ANO SR'G9V TO BEFORE ME'. ' '.I. JONPR Q W N A/ aµtMhM s ; . > pln4AlwcDrl J v ~%: ;. ~ WGwivge ]i ~ r .. L. 0.n.. .. .~ SECOYD DEN FnvOA OF; 0 1 ePCanD uennowv u I]~aD Doan v saAaon a o 1+.x uon. re '~ FennDlvr Ae[1 mrxN Im. Taa ID mo 6mea, cl uem: vmrcm: wr. IIN +pDr3Ftlele 1o0A]rn IC_. SE:OrvO uEN R£l SrS=0 o. _ AL'M110gIL-p qC^RESE.^r*A'IVE .. i~R~i9~~~:`L ~` ~~~L~~RY ;~ , II a CO•gYMll868r ONBI RIEP Ydpl EDOY3C is Ilel¢tl SCd you w6111 716 6L'e IO OB 1!6160 d5 '•IOlni TCnanld Wlln AigM of SVIVIV06hiR" (On dmm el ono CWPOf. 660 goof l0 SLINiViP9 OwDdf.) CHECK MERIE ^, ONenvlEd. No Y60 wll EB BEYBd ]3 "i BninLT n COTlRC~ (00 Cedilf OI One Ow OBC !nICR4t 01 C¢Cfid68d ow0¢I gCB910 MslROr hCi2 Cl fisla;Cl~ M 1$T UE4 OFTB .. - ^~ IF h°J tIEN, CNEGC 15T LIEYHOIDE:N 6tREETg CT" l' STA9C 21p ' FNP4(.•IAl INS i ITGTION NUMGER 2V0 LIEN DATE _ - ' +DJ .IF NO IJEN~ Cn CK ~I~ p yt u.M ~. EXHIBIT °'B" m~-- ~: - Id, ., -,~ . STATE -. YIP _ z~~se•d rtes Era z-~o ~~:oa ~~a~z-ez-~n~o ~ F July 21, 2001 THOMAS 1VE5 76 SPRYNG DRIVE SHIPPENSBURG DA 77257 RE: Manufactured Home Loan - Account +,OuuO ,:::~:: ;:id00001 400 SouchpoNte Boulevard Southpointe Plaza I, Suite 330 Canonsburg, Pt 1531? '1@l. (7:h) 875-5825 Fax (924) fl73a5?6 ~~ ~~ ~~ NOTICE Of YNTENYYCr.: ;(: .,.::~_:_,--:.vY~d. L7S`~9ENCE LEGAL ACTYON ~ REPOSSESS you arc now in default on your Manufaceu r_:E ;.cm: Loan Contract, tf you correct the default, you may continue pith the contract as though you ui~'~ r,.t d:;rault. Your default consists of failure to make timely payments of one or more installments as• m.. ,. in the terms of the contract. Thirty-one (31) days after the date of t+r:-, r,: ... ~.,e may have the right to commence legal action and repossess your manufactured home. Cure of default: your may cure your dei_u', ~. S~ ,r.,:;i ng paymen[ in the amount indicated belox: past Due Monthly Payment(s) ., ._:,-. d Late Charge(s) ,Ou Total Due Now ., .".76 Creditorrs rights: Any partial payment :,I ,i;. _.,,ocnt due which is received by us will be applied to ynur account. You will head to pay the full :rl.uunr uy the date indicated above in order m cure your defaule. If you do not correct your default within 31 d:,~~.: %il.:` rrom the postmarked date of this notice, we may exercise our rights against you under ehz 1:-,:. ~ ae ca lerati ng your debt and either repossessing your manufactured home o r, if necessary, Lrin;il~_ :,~~.Ir*. action to obtain possession of your manufactured home. If ue et act to exercise our rights egai n :. '.; repossession of the manufactured home you may, at any time hef ore we sell or oth erw7ae dispose o'' 511, m-'nlJf aeeufd home 0r enter ifl LO a COnLrdCi for ISS Sd l..e Or other dispcsition, (which shall 6e at lets. 4~ ti_ys after postmark of ehis nonce), redeem the manuf ac[ured home M paying us all amounts due plus exp~nssc rea so.^.ahly incurred by us in dot aching and transportSng the manufactured home to the site or the ,=-,t= acd our reasonable attorney's fees, to the extent perntteed by law, plus court costs. ~ >d If you have any questions, write to us eP ;?r. r:ddrees above or calf me at the phone number listed above` between the hours of 5:00 a.m. and 5:00 ;,,:.,.. :!.:rdny eh rou5h Friday. It this default was caused 0y your failur-~ :,.:.u l:e a payment or payments, and you want to pay by mail, pl case send a check or money nrder. Da Iro ~: ..:~.: c>a h. t•Ianager CC: File If any addition~e ug~l ar payment beoamac emu:: _ilring this cure period, this payment must also 6e paid in order to avoid any further default. tkis ~~: :. ,:~w:Ldance is an attempt to collect a debt and any information obtained will 6e used far Yha, ;:: ,:o se. PA (146) EXFI~B~ 1 n~+n z~~~e~a czes ~~e zip ,~ 9o:oe ~ez~-~~-sr~~ ~ ~ 1~ ~~ ~ ~ o' ~ ~ ~ ~ ~~ ~ o ` ~~~ .,, ~a -, a ~~~ < ., < ' ~-_ , ~ < ~ - =, IWI#N SHERIFF'S RETURN - REGULAR CASE NO: 2001-05218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS IVES THOMAS SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon IVES the DEFENDANT at 1840:00 HOURS, on the 7th day of September, 2001 at 16 SPRING DR SHIPPENSBURG, PA 17257 by handing to THOMAS IVES 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 18.00 Service 13.65 Affidavit .00 Surcharge 10.00 .00 41.65 Sworn and Subscribed to before me tDDhis /3 ~ day of ~c.~,.Lw o2oy / A . D . ~- ~. ~~7a.~.lec,.~ a..P,af ' Prothonotary r ~' So Ans~wer//s : //, ~f~i~a[C ~.a~ R. Thomas Kline 09/10/2001 ERIN DYER By: 1 e ty Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, Plaintiff, CIVIL DIVISION No. 01-5218 Civil Term v. Thomas Ives, Defendant. 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 Thomas Ives 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 September 7, 2001 and his answer was due to be filed on September 27, 2001. Attached as Exhibit °'A°' is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the Defendant at his last known address and to his attorney of record, if any, on October 1, 2001, which is at least 10 days prior to the filing of this Praecipe. Please enterjudgment for possession ofthe 1993 Pinegrove Manufactured Home, Serial Number GP38613A6, that being the relief demanded in the Complaint. ~._. Enn P. Dyer, Esgwre PAID 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:\GreenPOiM\Ives, Thomas\DJ Only.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, Plaintiff, ) v. ) Thomas Ives, ) Defendants. ) CIVIL DIVISION No. 01-5218 Civil Term Via Certified Mail #7000-1670-0013-4594-7554 and Certificate of Mailing Thomas Ives 18 Spring Drive Shippensburg, PA 17257 Date of Notice: October 1, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLYOR BYATTORNEYAND 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 ANDYOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 800-990-9108 (717) 249-3166 __ Erin P. Dyer, Esquire Attorney for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\GreenPoint\Ives, ThomaslTDN.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, Plaintiff, v. Thomas Ives, Defendant. Thomas Ives 16 Spring Drive Shippensburg, PA 17257 CIVIL DIVISION No. 01-5218 Civil Term NOTICE Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT BY DEFAULT has been entered against you in the above proceeding. Prothonotary of Cumb rlan my /C511S1~0/ ~ ~ "p ~~ -W. ~ ~Q ~ 8 mm <- :v ~ ~. U ~~:. ~ ~~ ~ o O n .+ ';`~ w .; -n r, ~~;n, ., ~K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, ) Plaintiff, ) v. ) Thomas Ives, ) Defendant. ) CIVIL DIVISION No. 01-5218 Civil Term 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 16 Spring Drive, Shippensburg, PA 17257, 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. Erin P. yer, Esquire PA ID Number: 52748 Attorney for GreenPoint 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 c ~ r ~ ~ a r T - ~; -.: ~ r `- =.; ~~ w Corn z ~ { e r v ~S \`~