HomeMy WebLinkAbout03-30681N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
James M. Huffman,
Defendant.
CIVIL DIVISION
TYPE OF PLEADiNG:
Complaint in Replevin
FILED ON BEHALF OF PLAiNTiFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
CIVIL DIVISION
Plaintiff, No.
James M. Huffman,
Defendm~t.
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC~
Plaintiff,
James M. Huffman,
Defendant.
CIVIL DWISION
No. {~ .-
COMPLAINT IN REPLEVIN
AND NOW, comes Greenpoint Credit LLC, by and through its attorneys, Edward F. Voelker,
Jr., Esq., and Voelker & Associates, P.C., and avers the following in support of its Complaint in
Replevin:
1. James M. Huffman, hereinafter referred to as "Defendant," is an individual whose last
known address is 27 Rays Drive, Newville, PA 17241.
2. Greenpoint Credit LLC hereinafter referred to as "Plaintiff," is a limited liability
company and is duly authorized to conduct business in the Commonwealth of Pennsylvania.
3. On or about October 2, 1997, Defendant entered into a "Retail Installment Contract,
Security Agreement, Waiver of Trial by Jury and Agreement to Arbitration or Reference or Trial by
Judge Alone," hereinafter referred to as the "Security Agreement," whereby Defendant purchased and
financed from Country Side Village Homes, Inc., a 1997 Redman Homes Al28 manufactured home
(serial no. 12231585) with certain furnishings, equipment, appliances, and accessories included at the
-1-
time ofpumhase, hereinafter collectively referred to as the "Manufactured Home." A true and correct
copy of the Security Agreement is marked as Exhibit "A" and is attached hereto and made a part
hereof.
4. It is believed and therefore averred that the Manufactured Home is located at the
residence of Defendant.
5. The Security Agreement was assigned for value to Plaintiffs predecessor-in-interest,
BankAmerica Housing Services, a division of Bank of America, fsb, on or about October 2, 1997, as
permitted by the Securily Agreement.
6. The Security Agreement was subsequently assigned for value to Plaintiff as permitted
by the Security Agreement.
7. Pursuant to the Security Agreement, Defendant promised to pay the financed amount of
$52,575.50.
8. As security for the loan, Defendant, by the Security Agreement, granted Plaintiffs
predecessor-in-interest a security interest in the Manufactured Home.
9. Plaintiff's predecessor-in-interest perfected its security interest in the Manufactured
Home by having an encumbrance placed on the title thereto. A true and correct copy of the Certificate
of Title for a Vehicle is marked as Exhibit "B" and is attached hereto and made a part hereof.
-2-
PENNSYLVANIA
MH VARIABLE RATE CONTRAC'
RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, LOAN PLAN: A01 092997
WAIVER OF TRIAL BY JURY AND AGREEMENT TO
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE
(Contract)
BUYER(S): NAME: JAMES M. HUFFMAN
NAME:
NAME:
ABUYCRiS NAME'
DD~ESS:411 ~IPER STREET
illltlll lllillllllllilll!E I]lliil]l --
_ CC~qT
C~TY: CARLISLE
OFFICE NUMBER: 79061
OFFICE
LOAN SOURCE NO.: 750230
USE
ACCT. NO.:
-- FUNDING CODE:
COUNTY: CUMBERLAND
STATE: PA rap: 17013
PHONE: 717/241-5248 S. SEC.#(S): 214-48-5313
PROPOSEDLOCATIONOFMANUFACTUREDHOME:27 RAYS DRIVE NEWVILLE, PA 17241
"l," "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 Seller 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 buy from you on a credit sale basis the manufactured
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactured
home at the time of purchase (called "Manufactured Home").
CREDiTOR:BANKAMERICA HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this
Contract (Item 5) with interest at the initial rate of 8.25 % per year. The interest rate I will pay will change in accordance
with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed
due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 10/02/27 , I still owe any amount under
this Contract, I will pay such amount in full on that date, which is called the "Maturity Date." Each monthly payment will be
applied as of its scheduled due date. If no interest rate is disclosed above, the initial interest rate is the Annual Percentage Rate
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate may
change 11 months after my first payment is due and every 12 months thereafter based on movements in the monthly
average yield on United States Treasury securities adjusted to a constant maturity of one year, as made available by the Federal
Reserve Board, which is the index rate. My interest rate cannot increase or decrease by more than 2.00 % at any interest
rate 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 4.25 % (rounded to the NEAREST 1/8
of one percentage point) unless the interest rate caps limit the amount of change in the interest rate. If this index rate is no
longer available, you may choose a new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
The cost of my credit as
a yearh/rate (which is
subiect to change):
9.58 %
FINANCE CHARGE
The dollar amount the
credit will cost me (which
is subject to change):
$ 109,028.86
See Contract terms for additional information Number of
about nonpayment, default, required repayment Payments
in lull before the scheduled date, and 12
prepayment refunds and penalties. My
Prepayment: if I pay oh' early, I will not payment 348
have to pay a penalty, but I will not be schedule
entitled to a refund of t~e Prepaid will be:
Finance Charge, if any.
Amount Financed
The amount of credit
provided to me or on
my behalf;
$ 52,575.50
See#7 (page 2)
Amount of
Payments
$ 394 .99
$ 450 .76
$ .00
$ .00
Security: I give you a security interest in the goods or property being purchased.
Late Charge: If a paymentis more than ]. 5 days late, I will be charged
$ 5.00
Total of Payments
The amount I will have paid
after I have made all
payments as scheduled
(based on the current
Annual Percentage Rate
which is subject to change):
$ 161,604.36
Fin. Charge +Amount F~rL
Total Sate Price
The tetel cost of my
purchase on credit
(which is subject to
change) including my
down payment of
$ 5,842.00 :
$ 167,446.36
Tota~Pay. + Down Payment
When Payments Ara Due
Monthly, beginning NOVEMBER 02 ,19 97
Monthly, beginning NOVEMBER 02 .t9 98
Monthly, beginning 19
Monthly, beginning 19
% of the unpaid amount of such payment, not to exceed
Variable Rate: My Contract contains a variable rate feature. Disclosures about the vadabie rate feature have been provided to me earlier.
Assumption: Someone buying my Manufac[ured Home may, under certain circumstances, be allowed to assume the r
onginal terms.
Estireates: All numerical disclosures except the late payment disclosures are estimates.
The above disclosures are based on terms in effect on the date this Contract [s signed. If the
of Payments, Annual Percentage Rate, Finance Charge and Total of Payments will be more or less
PAGE 1 OF 7
Description of
Manufactured
Home:
TRAD~ NAME: REDMAN HOMES
YEAR: 97 NEW:
SERIAL
NUMBERS: 12231585
X USED:
MODEL: Al2 8
LENGTH: 6 4 ~. WIDTH: 2 8 ft.
ADDFTIONAL AIR CONDITNG SKIRTING
ACCESSORIES SHED DECKS
AND FURNISHINGS:
092997
ITEMIZATION OF AMOUNT FINANCED ::.
1. Cash Price (Including Sales
Tax of $ .00 ): ....... $ 58,120.00
2. a. Cash Down Payment .... $ 5,842.00
b. Trede-ln (Year, Make, Model):
Length Width
Gross Value $ . 00 Uens $
Net Trade-In Value $
Total Down Payment
3. Unpaid Balance of Cash Price (1 minus 2)
4. Amounts paid to others on my behalf:*
a. To Insurance Companies:
(1) Property Insurance
(2) Credit L~e Insurance
To Public Officials:
(1) Certificate of '~tle
(2) FILING FEES
c. To Creditor:
For:
d. To:
For:
e. To:
For:
f. To:
For:
$
S
$
$
S
$
$
S
$
$
$
.00
(Sailer to pay off)
.00
5,842.00
52,278.00
270.00
.00
22 .50
5.00
.00
.00
.00
.00
g. To:
For:
h. To:
For:
Total(a+b+c+d+e'+f+g+h) . $ 297.50
5. Unpaid Balance (3 plus 4) $ 52,575.50
6. Prepaid Finance Charge $ .00
7. Amount Financed (5 minus 6) $ 52,575.50
*1 understand and agree that a portion of certain of these amounts
may,be retained by you or your affiliate. -
il SER~LNUMBER I
INSURANCE
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Contract. I have the right to choose the person through
whom it is obtained. By marking the appropriate line
below, I elect to buy the coverage indicated from you
for the term and premium shown, and I want it financed
on this Contract.
Type of Insurance
X Physm.,aI Oam~g~e Coverage
BROAD ~ ORM
Term Premium
12MOS $ 270.00
$
$
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life insurance is
not required for this Contract or a factor in its approval
If I elect Credit Life insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly.)
This insurance may not pay off all of my debt, and the
exact amount of coverage is shown on my policy or
certificate. My signature indicates my election to obtain
Credit Life Insurance coverage for the term and
premium shown:
Type of Coverage Term Premium
__ Single $
__ Joint
Date
(signature)
Date
(signature)
(If joint coverage is desired. Doth proposed insureds must sign.)
ADDITIONAL TERMS AND CONDITIONS
VARIABLE RATE:
a. Monthly Payment Changes, My monthly payment amount will change each time my interest rate is adjusted. The monthly
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payments
over the remaining term of this Contract.
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in th'e interest rate 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.
c. Conversion to Fixed Rate. may choose to convert this Contract to a fixed rate Contract at any time beginning
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, t 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 comparable 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 at least 3 0 days after your timely receipt of a revision agreement signed by all Borrowers together with a
nonrefundable conversion fee of $ 2 0 0.0 0 . The new fixed rate and the Conversion Date are subject to
change if 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.
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment and
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) ail proceeds of such Manufactured
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and
performance of my obligations under this Contract, including any additional debt arising because of my failure to perform my
obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Contract
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I will
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your
security interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction thereof
in the real estate records or other appropriate index as a financing statement for any of the items specified above. Any
reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals, or
amendments thereof, shall be sufficient to perfect a security interest with respect to such items.
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
THERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage").
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a
10-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 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
obligated to, obtain 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 will repay such amount during the term of the policy in the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than might be
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive a profit for this service.
b. Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and all
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which in
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give prompt notice
to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance 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 unless such restoration or repair is not
economically practical or feasible, or your security interest would be lessened. If such restoration or repair is not practical or
feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. I hereby
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtain such
insurance payments.
LATE CHARGE: I agree to pay a late charge for late payment as set forth 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 will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the actual charge of the dishonoring institution (or such higher amount
as allowed by law) if any check given to you is not honored because of insufficient funds or because no such account exists.
EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fail to make any payment when due; (b) I fail to timely
make rental payments, or to pay other charges and assessments, relating to the real proper~y and/or facility on which the
Manufactured Home is Igcated; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facility
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you may
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you in
advance and receive your written consent; (f) I sell or attempt to 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) I fail to
promptly pay any ta~xes 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 (j) I fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary to
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Contract. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) [ 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 cure 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 absence of default.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following at the end of the notice
period, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required to send me the Notice of Default and Right to Cure Default, you will have
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from
the sale, after expenses, is less than what I owe you, I will pay you the difference except as otherwise provided by law. All
remedies are cumulative an.d you may enforce them separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating to
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any claim
based on or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, or
trial by a iudge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims arising from a single transaction, shall be determined by arbitration as described below. Any other controversy shall be
determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the controversy
is venued lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
b. Arbitration. Since this Contract touches and concerns interstate commerce, an arbitration under this Contract shall be
conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice of
law provision in this Contract. The Commercial Rules of the American Arbitration Association ("AAA") also shall apply. The
arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim. Any controversy
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be in
writing and include a statement of reasons for the award. The award shall be final Judgment upon the award may be entered
in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except as
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice.
c. 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 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 referee, the controversy instead shall be decided by trial by a judge without a jury.
d. Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or I
may have to exercise self-help remedies such as set-off or repossession, to foreclose 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 pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of any
such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute or
controversy be determined by arbitration as provided above.
ATTORNEY FEES: If I prevail in any ~egal action or arbitration proceeding which is commenced in connection with the
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dispute
relating to this Contract, you will pay my reasonable attorney fees, court costs and necessary disbursements incurred in
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with the
law. If you prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, I will pay any
court costs and necessary disbursements to the full extent permitted by law, together with reasonable fees imposed on you by
an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not exceed
$50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure
Default.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
next twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such ~'ee is prohibited by law; (c)
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
advance on my behalf to correct my default; and (e) that if I am married, and residing in a community property state, both my
community property and separate property will be liable for all payments due under this Contract.
ASSIGNMENT: You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting
my account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish
information about me, including insurance information, to all others who may lawfully receive such information. You may furnish
specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance
agent to enable such agent to quote premiums to me and solicit my insurance business.
WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of this Contract shall be changed
unless in writing and signed by one of your officers. This Contract is the entire agreement between us and I agree that no oral or
implied representations have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provision of this Contract shall be prohibited by or invalid under applicable law, such provision
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 Contract, This Contract shall be of no effect until and unless signed by me and you. In no event sha~l
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 taw, such choice of state law
shaiI not be deemed to deprive you of such greater rights and remedies under Federal law.
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BYTHE DEBTOR HEREUNDER.
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 foregoing Conb-ac: is hereby assigned under the terms
SELLER:
SELLER'S
ADDRESS:
COUNTRY SIDE VILLAGE HOMES,
31 WALNUT BTTTOM ROAD
If you do not meet your Contract obligations, you
of the Assignmenfon 0age7. 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.
. BUYER(S) SIGNATURE(S): .~ //
SHIPPENSBURG, PA 172570000
SIGNATURE:
SELLER'S
TITLE:
DATE OF THIS CONTRACT:
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail installment contract ("Contract") signed by one or more buyers ("Buyer"), SELLER represents
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
was legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide
sale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specified
and no part thereof was loaned directly or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as any
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed
on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or
contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set forth
herein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the event
of any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
other property or consideration transferred pursuant to this retail installment contract, Seller agrees that it will indemnify and hold
Creditor harmless from all such claims and defenses as well as from all costs reasonably incurred by Creditor in connection
therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit
Reporting Act, Seller has notified Buyer that this Contract is to be submitted to Creditor.
Forvalue received, Seller hereby assigns to Creditor all its rights, title and interest in this Contract and the property
which is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All the
terms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a part
hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing
this Contract.
ORIGINAL COPY
DEPARTMENT Of TRANSPORTATION
ICATE OF TITLEiFOR a VEHICLE
TITI,E
IEH~LE IDENTIFICATI~ N U M~ER / Y~AR I MA~ ~ VEHIC~ TITLE NUMBER
"" I ~ '~-'~ :1~;~w ......
ER DISCLOSURE EXEMPT BY FE~RAL LAN 4'~EM~FROM~EEO~L~URE
JAMES M HUFFMAN
27 ~A¥5 DRIVE
NENVILLE PA 17241
BANK OF AMERICA
SERVICES
L~
HOUSING
031007
BA~K OF ANERICA NOUSING
SERVICES
40g SOUTHPOINTE BLVO
STE 23a
CANONSBURG PA 15317
BRADLEY L
ZIP
IF NO LIEN []
ONECK BOX
ZIP
i..,.m ,..~ :"~,'~' ''%, DEPARTMENT OF TRANSPORTATION
~J CERTIFICATE Of TITLE for a VEHICLE
MI-(
UNLADEN WErGHT GCWR
~V~/R TITLE BRANDS
ODOMETER
JAM~S M HUFFMAN
27 ~A¥S DRIVE
NENVILLE PA 17241
DISCLOSURE EXEMPT BY FE[~ERAL LAW
BANK OF AMERICA HOUSING
SERVICES
031007
~IOFCESAMERICA HOUSING
4OO SOUTHPOINTE BLVD
STE 230
CANONS~URG PA 15317
BRADLEY/' L MALLORY
May 29, 2002
GREENPOINT CREDIT, LLC
&O0 SOUTHPO[NTE BLVD 2ND FLOD
CA~O#SBURG, PA 15317
800 959-739g
RE: Hanufactured Home Loan - Account #000~06130059S00001
dAMES H. HUFFMAN
2? RAYS DR
#EWV%LLE PA 172&1
You are now in default on your Manufactured Home Loan contract. If you correct the default, you may
continue with the contract as though you did not default. Your default consists of failure to make timely
payments of one or more instaLLments as agreed to in the terms of the contract.
Thirty-one (31) days after :he date of this not(ce, ~e may have the rtsht to commence Legal action and
repossess your manufactured nome.
Cure of default: Your may cure your default by making payment in the amount indicated below:
Past Due ~onthLy Payment(s)
$ 720.81
Late ChargeCs) $ 20.00
Total Due Nou $
Dreditorts rights: Any partial payment of the amount due uhich is received by us wiLL be applied to your
account. You ~iLL need to pay the fuLL amount by the date indicated above in order to cure your default.
you do not correct your default within ~1 days due from the postmarked date of this notice, we may
exercise our rights against you under the La~ by accelerating your debt and either repossessing your
manufactured home or~ if necessary, bringing a court action to obtain possession of your manufactured
home.
[f
If ~e eLect to exercise our~rlghts against you by repossession of the manufactured home you may, at any
time before ~e seLL or otherwise dispose of the manufacturd home or enter ~nto a contract for Its saLe or
other disposition, (~hich shaLL be at Least ~5 days after postmark of this notice), redeem the manufactured
home by paying us aLL amounts due plus expenses reasonably incurred by us Jn detaching end transporting
the manufactured home to the site of the sale end our reasonable attorney~= feea~ to the extent permitted by
La~ plus court costs.
If you have any questions, write to us et the address above or ce(L me at the phone number LSsted above
between the hours of &tO0 a.m. and S:O0 p.m.~ Monday through Friday.
If this default ~as caused by your failure to make e payment or payments, and you mant to pay by maiL,
please send a check or money order. Do not send cash.
CC: FiLe
~f any additional regular p, yment becomes due during this cure period, this paymemt musl~ a~so~be ~a~ tm
order to avoid any further (~efauLt. This correspondence ts an attempt to coE(ect a debt and any
information obtained ~[~ be used for that purpose.
PA CLOG) 061-07-0000061~00595-00001
G en n t
VERIFCATION
l, Natalie Marc, Legal Processor, and duly authorized representative of Greenpoint Credit,
LLC, do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to attthorities, that the facts set forth in the foregoing Complaint in Replevin are true and
correct tot he best of my information and belief.
Natalie Marc
Legal Processor
Greenpoint Credit, LLC
SHERIFF'S RETURN
CASE NO: 2003-03068 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREEN POINT CREDIT LLC
VS
HUFFMAN JAMES M
REGULAR
KENNETH GOSSERT ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - REPLEVIN
HUFFMAN JAMES M
DEFENDANT at 1813:00 HOURS, on the
at 1440 SIMPSON FERRY RO~.D
NEW CUMBERLAND, PA 17070
STEVE PORTER, ROOMMATE
a true and attested copy of COMPLAINT - REPLEVIN
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
8th day of July , 2003
by handing to
ADULT IN CHARGE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 20.01
Affidavit .00
Surcharge 10.00
.00
48.01
Sworn and Subscribed to before
me this /~ day of
1 j~3 A.D.
~ ~rothonot ary
So Answers:
R. Thomas Kline
07/09/2003
VOELKER & ASSOCIATES
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaimiff,
James M. Huffman,
Defendant.
CIVIL DIVISION
No. 03-3068
TYPE OF PLEADiNG:
Plaintiff's Praecipe for Default Judgment
Pursuant to PA. R.C.P. 1037(b)
FILED ON BEHALF OF PLAiNTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
"IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
James M. Huffman,
Defendant.
CIVIL DIVISION
No. 03-3068
PLAINTIFF'S PRAECIPE FOR DEFAULT
JUDGMENT PURSUANT TO PA. R.C.P. 1037(b~
TO THE PROTHONOTARY:
Kindly enter judgment for possession and in the sum specified below, in favor of Plaintiff, and
against Defendant, James M. Huffman, for failure to file an Answer or otherwise respond in the above-
captioned action at the above number and term within twenty (20) days from the date of service of the
Complaint. Please assess Plaintiff's damages against Defendant, James M. Huffrnan, as follows:
Principal $25,695.00
Interest $275.90
Attorneys fees $600.00
Costs to be added
TOTAL $26,570.90
( 31 days x $ 8.90 per diem)
I certify that a written notice of intention to file this Praecipe was mailed to Defendant after the
default had occurred and at least ten (10) days before the date of the filing of this Praecipe. I further
certify that the Defendant, is not in active military service. A copy of the Notice is attached hereto as
Exhibit "A". The undersigned verifies that the statements of fact in the Praecipe are true and correct
and are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsifications to
authorities.
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Edward F. Voelker, Jr.
Attorneys for Plaintiff
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
I N TH E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREENPOINT CREDIT, LLC,
Plaintiff:
i\MES M. HUFFMAN.
Defendant,
CIVIL DiVISION
No. 03-3065
NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
JAMES M. HLTFMAN
DAFE OF NOTICE: JULY 28, 2003..:.
YOU ARE IN' DEFAULT BECAUSE YOU HAVE FA[LED TO ENTER A WRITTEN
· kPP EARANCE PERSONALLY OR BY ATTORNEY AND FILE 1N WRITING WITH THE COURT
YOU R DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
','O L ACT WITHIN TEN (10) 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 LMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A
LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO
1-O ()R TELEPHONE THE FOLLOWING 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
VOELKER & ASSOCIATES. P.C.
ATTORNEY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaimiff,
James M. Huffman,
Defendant.
CIVIL DiVISION
No. 03-3068
TYPE OF PLEADING:
Praecipe for Writ of Possession
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC, CIVIL DIVISION
Plaintiff, No. 03-3068
James M. Huffman,
Defendant.
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Please issue a Writ of Possession in the above captioned matter for the 1997 Redman Homes
A128 manufactured home (serial no. 12231585) located at 27 Rays Drive, Newville, PA 17241.
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Edward F. Voelker, Jr.
Attorneys for Plaintiff
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
GR}~I~IPOINT CREDIT LLC
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JAMES M. HUF~/*iAN
No. 03-3068 CIVIL Term
No. Term
Costs
Att'y. $ 136.51
Pl'ff (s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of EtI~ER~
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GP, E~POINT CREDIT LLC
being: (Premises as follows):
1997 ~ HOMES A128 MANUFACTURED HCME (SERIAL NO.
LOCA'I'.e~3 AT 27 RAYS DRIVE, NEWVILLE, PA 17241
12231585)
Plaintiff (s)
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Dat~UGUST 15, 2003
(SEAL)
CURTIS R. [EI'qG
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
--'By' ~)O~-' ~ ~'~ -C'~~J'~ Deputy
9 ~
By virtue of this writ, on the 29th day of September
I caused the within named GreenPoint Credit, LLC
have possession of the premises describedYc~il~l~l~.Rleg~irl~R,~gX 27
Newville, PA 17241
Rays Drive
2003
~ to
Sheriff's Costs:
Dock~tSng 18-00
Poundage 1.57
Prothonotary 1.00
Milage 19.32
Possession 30.00
Surcharge 10.00
79.89
Sworn and subscribed to before me this
day of
Prothonotary
Advance Costs: 150.00
Sheriff's Costs: 79.89
70.11
Refunded to Atty on 10/1/03
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
James M. Huffman,
Defendant.
CIVIL DIVISION
No. 03-3068
TYPE OF PLEADING:
Praecipe to Re-Issue Writ of Possession
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC, CIVIL DIVISION
Plaimiff, No. 03-3068
James M. Huffman,
Defendant.
PRAECIPE TO RE-ISSUE WRIT OF POSSESSION
TO THE PROTHONOTARY:
Please re-issue a Writ of PossesSion in the above captioned matter for the 1997 Redman
Homes A128 manufactured home (serial no. 12231585) located at 27 Rays Drive, Newville, PA
17241.
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Edward F. Voelker, Jr.
Attorneys for Plaintiff
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
C
GREI~POINT CREDIT LLC
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JAMES M. HU~
No. 03-3068 CIVIL Term
No. Term
Costs
Att'y. $ 231.40
Pl'ff (s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of C~mR~r,AND
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GRE~qPOINT CREDIT LLC
Plaintiff (s)
being: (Premises as follows):
1997 REDMAN HGMES A128 MANUFACTURED HOME(SERIAL NO. 12231585)
27 RAYS DRIVE
NEWVILLE, PA 17241
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
DECEMBER 15, 2003
(SEAL)
CUI~TIq ~, rc~c~
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvania
Deputy
By virtue of this writ, onthe 9th: dayof January
I caused the within named Greenpoint C?edit, LLC
have possession of the premises described
Newville, PA 17241
Sheriff's Costs:
Dn~ing 1R.O~
Poundage ~.6~
Milage 8.28
Posses~ion
Surcharge 20.00
2004
27 Rays Drive
Advance Costs
Sheriff's Costs ?9.89
Refunded to Arty on 1/12/04
· to
Sworn and subscribed to before me this
day of
Prothonotary