HomeMy WebLinkAbout99-04370
I
I -,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
V,
Larry D. Flood, Jr.,
CIVIL DIVISION
No. W- x/370 Z?"'d
Complaint in Civil Action - Replevin
Filed on behalf of:
GreenPoint Credit Corp.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
Defendant. 2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., ) CIVIL DIVISION
Plaintiff, ) No.
V. )
Larry D. Flood, Jr., )
Defendant. j
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.
Court Administrator
Cumberland County Courthouse
4'h Floor
Carlisle, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., )
Plaintiff, )
V. )
Larry D. Flood, Jr., )
Defendant. )
CIVIL DIVISION
No.
COMPLAINT
COUNT I - REPLEVIN
AND NOW comes GreenPoint Credit Corp., by and through its attorney Erin P.
Dyer, Esquire and avers the following in support of its Complaint in Replevin:
1. Green Point Credit Corp., hereinafter referred to as "Plaintiff-or"GreenPoint,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Larry D. Flood, Jr., hereinafter referred to as "Defendant," is an individual
whose last known address is 45 Country View Estates, Newville, PA 17241.
3. On or about October 9, 1998, Defendant purchased a 1999 Dutch 5802
Manufactured Home. Serial Number 20862DAB, (the "Mobile Home"), from Countryside
Village Homes, 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. Sellerassigned its interestin 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
$40,000.00 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 underthe terms of the Security Agreement by failing to
make payments when due. As of July 14,1999, the Defendant's payments of interest and
principal were in arrears in the amount of $517.48. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of July 14, 1999, is $38,666.81.
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. Defenclantfailed to cure the default or return the Mobile Home upon Plaintiffs
demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
10. The Security Agreement provides that in the event of default:
a. 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 order to bring this action GreenPoint Credit Corp. was required to retain
an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit Corp.,
alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendant in the amount of $38,666.81 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
PA ID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
LAGreenPoin"Flood. LarrylCM.wpd
VERIFICATION
Don Turosik, Collection Manager, and duly authorized representative ofGreenPoint
Credit Corp., deposes and says subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities that the facts set forth in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief.
Don Turosik
Collection Manager
GreenPoint Credit Corp.
L: tGreenP0mt\GeneranV ER I FICA. C M.wpd
JUL- l a-1-55 11: 25 GF.EEt.FG I t rT CREC I T 51 412 873 5626 P.08/15
3ENNSYLVANIA
VARIABLE
OANPLANN: : A01 1 1RATE0079 98
RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, L MH
70DAN PL0
8
WAIVER OF TRIAL BY JURY AND AGREEMENT TO Fop OFFICE NUMBER: 79061
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE OFFICE LOAN SOURCE N0.: 775 222300-
;Contract) USE ACCT. NO.:?Qf of e o t
BUYER(S): NAME. LARRY D. FLOOD vR ONLY FUNDING CODE:
NAME:
NAME'
WYER'S NAME. COUNTY. CUIIMERLPVD
kDDSESS? 81 WOLFS BRIDGE ROAD CITY, C'-RLISLE STATE: PA Zip; 17013
PHONE: (717) 245.8556 S.SEC.9(5):183-64-3335
PROPOSED LOCATION OF MANUFACTURED HOME: _r 2 COUNTRY VIEW ESTATES, NEW'VILLE, PA 17 241
'I,- 'me,' -myselr or "my" mean all persons who sign this Contract as buyer or co-buyer, jointly and severally, and 'you' of
'your' mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, c
approved, it will be assigned to that Creditor. On the date of this Contract, I buy from you on a credit safe basis the manufactures
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactures
home at the time of purchase (called 'Manufactured Home').
CREDITOR:GREENPOINT CREDIT CORP.
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this
Contract (Item S) with interest at the initial rate of 8 . 25 16 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 10/08/28 if 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 Rats
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 attar 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 . 0 0 % 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 NZAREST 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 nc
longer available, you may choose a new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
The east of my credit sa
a yearly rata (wh lch q
0uhlaal to Change);
8.92
FINANCE CHARGE
Amount Financed 1 Total of Payments Total Sale Price
The amount I will have pall he total cost of my
aher I have made all pureness on credit
The amounts! credit payments as scheduled (which Is subjectto
provided to me cram (based an the current change) including my
my behalf: Annual Percentage Pale down pa Mont of
which is subjeette change): $ 51 0 0 0. 0 0
g 38,2E4.50 IS 110,531.04 5 115,531.04
See .7 (pane 2) Fin. Charge I Amount Fn. Total Pay. + Down Paymen
i
Amount of
Payments
When Payments Am Duo
$ 257 •62 MonNly,begmnmg NOVEx3ER 08 tg 9.
S 307.70 bogmning NOVE1,4BER 08 19 9!
Mondly
s .00 ,
Monthly
beginning Is
s '00 ,
Mcnmy, beginning -
,1s-
The dollar amount the
credit will cost me (which
is subject to change).
$ 72,246.54
Sri Contract terms for additional information Numberof
about nonpayment. default, required repayment Pa mend
in full before the scheduled date, and 12
pripsymentrefunda and penalties. My
Ptepaymenh If 1 pay oh early, I will not
payment 342
have to pay a penalty, but I will not be schedule
enticed to a refund of the Prepald will be:
Flnance Charge, if any.
aeeurlty:I give you a security mterestm the goods or propertybeing purchased
Late Charge: It a payntenlis more than 15 days late, [will be chaffed 2 :5 of the unpaid amount of such payment, motto exceed
s 5.00
Variable Rate: My Contract contains a variable rate feature. Dise!csures about the vanaple rate !aature have been provided to me earlier.
Assumption: Someone buying my Manufsc:uned Home may, under certain °ircomsLSnces, be allowed to assume the remainderof Me Contract on me
original terms.
National All numeneal disclosures except the lab payment disclosures are estimates.
Tl effect on the date this Contract is signed. If the interest rate changes, actual Amount
of ce Charge and Total of Payments will be more or less than disclosed above.
'• EXHIBIT "A" P&G! I CF
Security Agreement CR1G1NZ.:. Ce?':
JUL-14-1999 11:26 GREENFOINT CREDIT 61 412 E73 5826 P.e9i15
Description of TRADE NAME: DUTCH HOUSING, INC. MODEL:5802
Manufactured
Home:
YEAR: 99 NEW: X USED: LENGTH: 44 _ft. WIDTH: 24 IL
SERIAL •LI
ITEM I SERIAL NUMBER MEM SERIAL NUMBER
ADDITIONAL AIR CONDITNG SKIRTING
ACCESSORIES GUTTERS
AND FURNISHINGS: ANCHORS DECKS
100798
ITEMIZATION OF AMOUNT FINANCED INSURANCE
1. Cash Price (Including Sales .0
0
S 43, 000.00 PROPERTY INSURANCE: Property insurance on the
. ".
2. a a. . Cash
Down Payment
S 5 , ,.
0 00.0 0 Manufactured Home is required for the term of this
.
b. Trade-in (Year, Make
Model): Contract. I have the right to choose the person through
,
Length W
d
h whom it is obtained. By marking the appropriate line
i
t below, I elect to buy the coverage indicated from you
Gross Value S 00 Uens S .00 for the term and premium shown, and I want it financed
(Seller to payoff) on this Contract.
Net Trade-in Value $ .00
Total Down Payment
.. _$3, 000.00 Type of Insurance Term Premium
3. Unpaid Balance of Cash Price (1 minus 2)
4. Amounts paid to others on my behalf:- S 38, 000.00 X paysl:al Damao coveraae 12MOS S 257.o o
BROAD
FORM S
a. To Insurance Companies: S
(1) Property Insurance $ 257.00
(2) Credit Ute Insurance S .00 LIABILITY INSURANCE COVERAGE FOR BODILY
Is. To Public Officials: INJURY AND PROPERTY DAMAGE CAUSED TO
(1) Certificate of rite $ 22.50 OTHERS IS NOT INCLUDED UNLESS INDICATED IN
(2) FILING FEES S 5.00 THE PROPERTY INSURANCE SECTION ABOVE.
c. To Creditor: CREDIT LIFE INSURANCE: Credit Life insurance is
For: S .00 not required for this Contract or a factor in its approval.
d. To: If i elect Credit Life Insurance, the name(s) of the
For: proposed insured(s) are:
6 .00 Proposed Insured
e. To: Proposed Insured
For. (Only spouse can be Insured jointly.)
S .00
1. To: This insurance may not pay off all of my debt
and the
For: ,
exact amount of coverage is shown on my policy or
$ .00 certificate. My signature indicates my election to obtain
g. To: Credit Life insurance coverage for the term and
For: premium shown:
$
In. To:
Type of Coverage Term Premium
For.
_ Single $
$
Total(a+b+c+d+e+f+g+h)...... S 284.50 _ Joint S
5. Unpaid Balance (3 plus 4) S 38, 284 .50
6. Prepaid Finance Charge ,,,,,,,,, $ .00 (signature) Date
7. Amount Financed (5 minus 6)..... S 38, 2 84.5 0 Date
•1 understand and agree that a portion of certain of these amounts (signature)
may be retained by you or your affiliate. (It joint coverage is desired, both proposed insureds must sign.)
PySONe-0rgr
JUL-14-1999 11:27 GFEENFOINT CREDIT 61 412 873 5826 P.10i15
/ARIABLE RATE:
i. Monthly Payment Changes. My monthly payment amount will change each time my interest rate is adjusted. The monthl%
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payment:
over the remaining term of this Contract.
?. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate anc
monthly payment at least 25 days before the adjustment. This notice will contain information about the Index rate, interes
rate, payment amount and remaining unpaid balance.
:. Conversion to Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginninc
ZERO years from the date of this Contract and ending 30 years from the date of this Contract. Ir
order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of m}
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee. The
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive m1
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 30 days after your timely receipt of a revision agreement signed by all Borrowers together with a
nonrefundable conversion fee of $ 200 . 00 . The new fixed rate and the Conversion Date are subject to
change ff my revision agreement and fees are received after the date specified in the revision agreement. My new paymen-
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 it
ill goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment anc
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
isted as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
'inaneed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufacturec
Home and accessions, and of any Additional Accessories and Furnishings, This security interest secures payment anc
oerformance 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 Contrac:
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I wit.
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
n 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 14Y MONTHLY PAYMENTS, UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
i. 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 proper;/ 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. It 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.
'neaeuaor
-ace o o• r
ORiGT_NnL CC?Y
JUL-14-1999 11:28 GPEEhF01NT CFEDIT 61 41Z 6"3 5826 P. 11/15
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 opt:cnal 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. It I fail to promptly notify or make proof of loss to this 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 for-.h 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) it 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 property and/or facility on which the
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facility
where the Manufactured Home is located; (d) I tail 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 taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is
located, if this is my responsibility; and/or Q) 1 fail to do anything else which 1 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) 1 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. 11 the amount from
the sale, after expenses, is less than what I owe you, I will pay you the difference except as otherwise provided by law. All
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any 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 judge 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 eferes, by trial by a judge without a jury, v- described below. YOU AND I AGREE
P47sow.oi97
JUL-14-1999 11:29 GREEt,FOINT CREDIT 61 a12 6'
n... .... S 5626 P.12i1`._
WHETHER THE CONTROVERSY C CLAIM IS DECIDED BY ARBITRATIO, SY JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
t. 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 enterec
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.
:. 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.
1. Self-Help, Foreclosure, and Provisional Remedles. 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 legal 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
$60.00 and further provided that no attorney tees 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 fee is prohibited by law; (c)
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
advance on my behalf to correct my default; and (e) that rt 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
.Aosos.eav
PAGE SOLI
0RZGTNA_' COPY
JUL-14-1999 11:30 GREENFOINT CRECIT C1
412 E73 5626 P. 13/15
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In no event shall
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, such
excess shall be refunded or applied to the amount due.
GOVERNING LAW: Each provision of this Contract shall be construed in accordance with and governed by the laws of the state
of Pennsylvania, provided that to the extent you have greater rights or remedies under Federal law, such choice of state law
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
NOTICE
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 BY THE 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 Contract is hereby assigned under the terns
of the Assignment on page 7.
SELLER:
SELLER'S
ADDRESS:
SELLERS
SIGNATURE:
SELLER'S
TITLE:
COUNTRY SIDE VILLAGE HOiQ?'S,
If you do not meet your Contract obligations, you
may lose your manufactured home.
Notice to Buyer; Do not sign this Contract in blank.
You are entitled to an exact copy of the Contract
you sign. Keep it to protect your legal rights.
BUYER(S)$iGNATURE(SI: A i i,
ARRVJ "FLOOD' JR
DATE OF THIS CONTRACT:
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
x
(Signature of Buyep
(Signature of Co-Buyer;
CONTRACT AND
?asoe.eosr
.....rv.,.i ....... PAGE 5 OF)
JUL-14-1999 11:22 GREEP.FGIHT CFECIT 61 41,. 67:3 5826 8.02/15
DEPARTMENT OF TRANSPOF
CERTIFICATE OF TITLE FOR A !VEHICLE[ Vi
l IDEN(iFK.<rrCn NUV•U I Y[,[? luvC Or v[wlCt?i Tm,[NYU1u '
r7.
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?
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NPOINT CREDIT CORP
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JUL-14-1999 11:23 GREEt,+PC1HT CREDIT 61 .412 873 $826 P.03i15
400 Suuthpuu:te 8uulcrard
Soutltpotltte Plaza 1. Suit, 200
CununaLurk, PA 15917,
Tel. (%4) 879.5825
F'ax (724) 8735890
May 6, 1999
LARRY D. FLOOD JR
45 COUNTRY VIEW ESTATES GreenPoint Credit
MELVILLE PA 17241
RE: Manufactured Nome Loen • Account OCC000613018810OO01
NUTICE OF INTENTION TO ACCELERATE. CCWENCE LEGAL ACTION OR REPOSSESS
You are now in default on your Manufactured Monte Loan Contract. If ycu ccrrecT 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 mare installments as agreed to in the terms of the contract.
Thirty-one (31) days after the date of this notice, we may have the right to commence legal action end
repossess your manufactured home.
Curet of default: Your may cure your default by making payment to the amount irdieated below:
Past Out Monthly Payment(s) E 575.24
Late Charge(s) S 10.00
Total Due Now $ 585.24
Creditor's rights: Any partial payment of the amount due which is received try us wilt be applied to your
account: You will need to pay the full amount by the date indicated above in order to cure ycur default. If
you do oat correct your default within 31 days due from the postmarked date of this notice, we may
exercisoi,our rights against you under the law by accelerating your debt and either repossessing your
manufactured home or, if necessary, bringing a court action to obtain possession of your manufactured
home.
If we elect to exercise our rights against you by repossession of the manufactured home you may, at any
time before we sell or otherwise dispose of the manufactuurd home or enter into a contract for its sale or
other disposition, (which shall be at least 45 days after postmark of tnis notice), redeem the marufactured
+++home by paying us all amounts due plus expenses reasonably Incurred by us in detaching and transporting
he manufactured home to the site of the sate and our reasonable attorney's fees, to the extent permitted by
1 aw, plus court costs.
If you have any questions, write to us at the address belt. or call me at the phone number listed below
between the hours of 8:00 a.m. and 5:00 p.m., Monday threugh Friday.
If this default was caused by your failure to make a payment or payments, and you want to pay by mail,
please send a check or money order. Oo not send cash.
Manager
CC: File
if any additional regular payment becomes due during this cure period, this payment m.st also be paid in
order to avoid any further default. This correspondence is an attempt to collect a debt and any
Information obtained will be used for the- purpose.
PA (144)
EXHIBIT "C"
Notice of Intent to Repossess
c 4
s ?o
UC; --
<?l
IiJ - i . 7 (? /y
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O cry U
QN0
SHERIFF'S RETURN - NOT FOUND
CASE NO: 1999-04370 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT CORP
VS.
FLOOD LARRY D JR
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: FLOOD LARRY D JR
but was unable to locate Him in his bailiwick. He therefore returns
the COMPLAINT - REPLEVIN
NOTICE
NOT FOUND as to the within named defendant
FLOOD LARRY D JR
DEFT. COULD NOT BE SERVED PRIOR TO EXPIRATION
DATE, DO A NOT FOUND RETURN AS PER ATTY 8/19/99.
Sheriff's Costs: So answe r
Docketing 18.00 ?
Service 7.44
Not Found Return .00
Surcharge 8 8.00 A?d?i6ma?-Klii? S'?
$-,r 0ERIN P. 8/20/1999ER
Sworn and subscribed to before me
this ,iv trl day of
1991? A.D.
C?,?bnry ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., CIVIL DIVISION
Cr?
Plaintiff, No. Or. q,3 ?0
Complaint in Civil Action - Replevin
V.
Larry D. Flood, Jr.,
Filed on behalf of.
GreenPoint Credit Corp.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
Defendant. 2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., ) CIVIL DIVISION
Plaintiff, ) No.
V. )
Larry D. Flood, Jr., )
Defendant. )
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff, You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
4m Floor
Carlisle, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., )
Plaintiff, )
V. )
Larry D. Flood, Jr., )
Defendant. )
CIVIL DIVISION
No.
COMPLAINT
COUNT I - REPLEVIN
AND NOW comes GreenPoint Credit Corp., by and through its attorney Erin P.
Dyer, Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit Corp., hereinafter referred to as "Plaintiff"or "Green Point,"
is a corporation dulyauthorized 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. Larry D. Flood, Jr., hereinafter referred to as "Defendant," is an individual
whose last known address is 45 Country View Estates, Newville, PA 17241.
3. On or about October 9, 1998, Defendant purchased a 1999 Dutch 5802
Manufactured Home, Serial Number 20862DAB, (the "Mobile Home"), from Countryside
Village Homes, Inc., (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") forthe 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 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
$40,000.00 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 July 14, 1999, the Defendant's payments of interest and
principal were in arrears in the amount of $517.48. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of July 14, 1999, is $38,666.81.
7. Plaintiff provided Defendantwith thirty (30) days notice of intentto 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 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 oflegal 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 order to bring this action GreenPoint Credit Corp. was required to retain
an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or othetwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNT 11 - DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit Corp.,
alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count t.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendant in the amount of $38,666.81 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Flood. Larry\CM.wpd
TGUE COP"
In iest?r.ier.y whcr .
.d the seal of sa, I
s _../9......... day
...`!?lumr-..
- -`)RD
t my hand
19.
P!
_ nxiotary
VERIFICATION
Don Turosik, Collection Manager, and duly authorized representative ofGreenlooint
Credit Corp., deposes and says subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities that the facts set forth in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief.
Don Turosik
Collection Manager
GreenPoint Credit Corp.
l:\G 0en poi nl\GeneraRV ERI FICA.CM.wpd
JUL-14-159, 11:25 GFEEhFGINT CRE11 El a12 073 513-76 P.OE"15
sENNSYLVANIA
RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, MH VARIABLE RATE CONTRACT
WAIVER OF TRIAL BY JURY AND AGREEMENT TO FOR LoaNPUN: Aol 100798
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE OFFICE OFFICE NUMBER: 79061
;Contract) USE LOAN SOURCE No.: 750230
ACCT. NO.:-QI3L7
BUYER(S): NAME. LARRY D. FLOOD JR ONLY NNOING CODE:
NAME:
NAME: _
BUYERS NAME COUNTY. CUMBERLAND
4ooioEss; 81 WOLFS BRIDGE ROAD cmy-CARLISLE STATE: PA
/a nfl ee_ee tie ZIP; 17013
PHONE.
s. SEC. a(s):
PROPOSED LOCATION OFMANUFACTURED HOME: 72 COUNTRY VIEW ESTATES, 11EWVILLE, PA 17241
'I," "me," "myself" or "my" mean all persons who sign this Contract as buyer or co-buyer, jointly and severally, and "you' of
'Your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, b
approved, it will be assigned to that Creditor. On the date of this Contract, f buy from you on a credit sale basis the manufactured
home described an page 2, together with furnishings, equipment, appliances and accessories included in the manufactured
home at the time of purchase (called "Manufactured Home").
CREDITOR:GREENPOINT CREDIT CORP.
PROMISE To PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this
Contract (Item 5) with interest at the initial rate of e . 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 10/08/28 , 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 Rats
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 attar 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 . 0 0 % 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 FINANCE CHARGE Amount Financed
PERCENTAGE
RATE
The dollar amount the The amcunto! credit
no cost of my credit as credit will cat me (which provided to me or on
a Yearly rate (Which 13 is mbiee:to change), my behalf:
subject to change):
8.92 % ItS 72,246.54 S 38,284.50
See Contract terms for additional information
about nonpayment, default, required repayment
in full before the scheduled date, and
prepayment refunds and penalVes. My
Propayment•. It I payoff early, I will not payme
have to pay a penalty, but I will not be schedt
enaVSo to a refund of the Prepaid will be:
Finance Charge, if any.
Total of Payments
The amount I will have paid
after I have made all
payments as Scheduled
(based on the current
Annual Percentage Pale
which is subject to change):
When
Total Sale Price
The total cast of my
pumnaseon credit
(which IS subject to
change) including my
down pa mentor
S ,000.00
S 115, 531. C4
foul Pav. a Oown Pavment
a
Uo Due
g o , . o c Monthly, beginnng PlU V EP125ER 08 tg 9 8
348 g 307.70 Monthly. beginning NOVE%fBER 08 ,
19 99;
$ .00 Monthly, beginning ,19
S
.00
Monthly
beginning _
, , 19 W_
Security: I give YOU a security, interest in the goods or property being purchased
Late Charge: It a payment is more than 15 days late, I will be charged 2 % of the unpaid amcvnt of such payment, not to exceed
s 5.00
Variable Rate: My Contract dentailla a variable rate feature. Oiselcsuras about Ira vanaole rate feature have been provided to me darter.
Assumption: Someono buying my Manufactured Home may, under certain ccrcumsanoas. be allowed Io assume the remainder of the Contract on the
original terns. -
Estimates: All numerical disclosures except the late payment disclosures are eslimules.
Tl
of
'• EXHIBIT "A"
Security Agreement
effect on the date this Contract is signed. If the interest rate changes, actual Amount
ce Charge and Total of Payments will be more or less than disclosed above.
ORIGINAL CC ?'s
VCdd I Cc r
JUL-1u-1999 11:26 GREENFORIT CFEE?IT 61
412 E73 58?6 P. 09%15
Ocacriptionof TRADE NAME: DUTCH HOUSING, INC. M00"cL:5802
Manufactured
Home:
VIAq: 99 NEW: X USED: LENGTH: 44 it. WIDTH: 29 IL
SERIAL Y
NUMBERS: 2 0 B 6 1DAS
ITEM SERIAL NUMBER I rTEM SERIAL NUM ER
AD017IONALAIR CONDITNG
ACCESSORIES GUTTERS _
ANO FURNISHINGS: ANCHORS
SKIRT=NG
DECKS
1. Cash Price (Including Sales
Taxof$ .00 S 43, 000.00
2. a. Cash Down Payment S 5,000.00
b. Trade-in (Year, Make, Model):
Length Width
Gross Value 5 -CO Uens S .00
(Seller to pay on)
Net Trade-in Value $ .00
..........
Total Down Payment S 51 000.00
...........................
3. Unpaid Balance of Cash Price (1 minus 2) S 38, 000.00
4. Amounts paid to others on my behalf:'
a. To Insurance Companies:
(1) Property Insurance 5 2 57 . 00
(2) Credit Life Insurance 5 .00
b. To Public Officials:
(1) Certificate of Tide $ 22.50
(2) FILING FEES S 5.00
c. To Creditor:
For: S 00
d. To:
For:
8 .00
e. To.,
For.
$ .00
1. To:
For:
S .00
g. To:
Far:
S
h. To:
For:
S
Total (a+b+c+dtis +I+9+h) S 234.50
5. Unpaid Balance (3 Pius 4) S 3 8 , 2 84 . 5 0
B. Prepaid Finance Charge S .00
7. Amount Financed (5 minus 6) s 38, 284.50
.............
I understand and agree that a portion of certain of these amounts
may be retained by you or your affiliate.
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Contract. I have the right to choose the parson through
whom it is obtained. By marking the appropriate line
below, I elect to buy the coverage indicated from you
for the term and premium shown, and I want it financed
on this Contract.
Type of Insurance Term Premium
X B?0?D sg0craas 12N0S $ 257.00
S
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 Contractor 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 S
_ Joint $
Date
(signature)
Date
(signature)
I joint coverage is desired, both proposed insureds must sign.)
PA3JQW.Q&Yr
JUL-1a-iS59 1127 GREE1,.F0IHT CFE11T E1 u12 273 522E F. 10,,15
1ARIABLE RATE:
t. Monthly Payment Changes. My monthly payment amount will change each time my interest rate is adjusted. The monthl,
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payment:
over the remaining term of this Contract.
3. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate anc
monthly payment at least 25 days before the adjustment. This notice will contain information about the index rate, interes
rate, payment amount and remaining unpaid balance.
:. Conversion to Fixed Rats. I may chooso to convert this Contract to a fixed rate Contract at any time beginninc
ZERO years from the date of this Contract and ending 30 years from the date of this Contract. Ir
order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of mi
desire to convert to a fixed rate, 1 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 mI
written notification. The new fixed rate will take effect an the 'Conversion Date,' which shall be my next payment due date
that is at least 30 days after your timely receipt of a revision agreement signed by all Borrowers together with a
nonrefundable conversion fee of $ 200 . 00 . The new fixed rate and the Conversion Date are subject tc
change if my revision agreement and fees are received after the date specified in the revision agreement. My new paymen•
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 it
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment anc
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the itemE
isted 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) all proceeds of such Manufacturec
Home and accessions, and of any Additional Accessories and Furnishings, This security interest secures payment anc
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 Contrac:
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I wil.
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your
security interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction thereof
n the real estate records or other appropriate index as a financing statement for any of the items specified above. Any
,eproduction 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 ether 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 6m time to time on this Contract (the "Minimum Coverage").
The insurance policy will contain a loss payable c!auea 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 less payee to the insurance
policy. I have the right to choose the person through whom the proper?yinsurance 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 sale 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 it 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.
•,WEW4491` -ACE ]0-1
OR-C.7NFL CGJV
JUL-14-1999 11:26 GFEEhFCINT CREDIT C1 al, 67= 5EZ6 F.11 15
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 opt:cnal 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. It 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 for-.h 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. Attar 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) it anycheck 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 property and/or facility on which the
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facility
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you may
reasonably determine; (a) 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) 1 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; (1) 1 fail to
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is
located, if this is my responsibility; and/or Q) 1 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) 1 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, 1 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 1 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 and you may enforce them separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution, Any controversy or claim behveen 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, tf requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims 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 eferee, by trial by a judge without a jury, r- described below. YOU AND i AGREE
PVsouaacr _. - . -- '
JUL-14-1559 11:29 GREENPGIKT ?:FEEIT of 412 a^G 5G2e P. 12/15 _
WHETHER THE CONTROVERSY C. CLAIM IS DECIDED BY AREIITRATIO, SY JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
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 bo final. Judgment upon the award may be enterec
in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except as
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest Injustice.
Judicial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (a)
that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointed
by the court who, sitting alone and without jury, shall decide all questions of law and 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,
attar 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 legal 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, 1 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, ff 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 91 sell the Manufactured Home, unless such fee is prohibited by law; (c)
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
advance on my behalf to correct my default; and (e) that it 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 Informatlon 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 policios 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
\A300404A97 PACE 5c. 7
ORIGINAL COPY
JUL-14-19S9 11 30 Gr:EEPiPOIhT CFEIAT g1
41-7 6T3 5E-76 P. 13'1!5
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In no event shall
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, such
excess shall be refunded or applied to the amount due.
GOVERNING LAW: Each provision of this Contract shall be construed in accordance with and governed by the laws of the state
of Pennsylvania, provided that to the extent you have greater rights or remedies under Federal law, such choice of state law
shall not be deemed to deprive you of such greater fights and remedies under Federal law.
NOTICE
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 BY THE 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 Contact is hereby assigned under the terms
of the Assignment on page 7.
If you do not meet your Contract obligations, you
may lose your manufactured home.
Notice to Buyer: Do not sign this Contract in blank.
You are entitled to an exact copy of the Contract
you sign. Keep it to protect your legal rights,
8UYER(S)FIGNATURE(P): , A / /1
COUNTRY SIDE VILLAGE 'Y.0!r-S,
SELLER:
SELLER'S
ADDRESS:
/LRR..7 -FLOOD- JR
SELLERS
SIGNATURE:
SELLERS
TITLE:
DATE OF THIS CONTRACT:
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
x (Signature of suyer) (Signature of Cc-Buyer)
AND
PA31 a rY 7
JUL-14-1555 11 22 GFEET.FCINT CPECIT e1 .712 C73 5826 P.02115
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May 6, 1999
LARRY 0. FL000 JR
45 COUNTRY VIEW ESTATES
NEVVILLE PA 17241
GreenPoint ?40 Credit
RE: Manufactured Nome Loan • Account OC000O6130118100001
NOTICE OF INTENTION TO ACCELERATE. COWENCE LEGAL ACTION OR REPOSSESS
You are now in default on your Manufactured Home Lean Contract. If you correct the default, you may
continue with the contract as though you did not default. Your detault consists of failure to make timely
payments of ono or more installments as agreed to in the terms a the contract.
Thirty-one (31) days after the date of this notice, we may have the right to commence legal action and
repocsess your manufactured home.
Curet of default: your may cure your default by making payment in the amount indicated below:
Past Due Monthly Paymmt(s) $ 575.24
Late Charge(s) S 10.00
Total Due Now S 585.24
Creditor's rights: Any partial payment of the amount due which is received by us wilt be applied to your
account: You will need to pay the full amount by the date indicated above in order to cure your default. If
you do at correct your default within 31 days due from the postmarked date of this notice, we may
exerciataur rights against you Under the law by accelerating your debt and either repossessing your
manufactGred home or, if necessary, bringing a court action .a obtain ;:;session of your manufactured
home.
If we elect to exercise our rights against you by repossession of the manufactured home you may, at any
time before we sell or otherwise dispose of the manufacuwrd home or erter into a contract for its sale or
other disposition, (which shall be at least 45 days after postmark of this notice), redeem the marufactured
hone by paying us all amounts due plus expenses reasonably incurred by us in detaching and transporting
the manufactured home to the site of the sale and our reasonable attorneys fees, to the extent permitted by
cow, plus court costs.
If you have any questions, write to us at the address below or call me at the phone number listed below
between the hours of 8:00 a.m. and 5:00 p.m.., Monday through Friday.
If this default was caused by your failure to make a payment or payments, and you want to pay by Mail,
please send a check or money order. Do not send cash.
Reneger
CC: Fite
if any additional regular payment becomes due during thi: cure period, tnio payment must also be paid in
order to avoid any further default. This correspordence is an a:terot to collect a debt and any
information obtained will be used for the: purpose.
PA (144)
EXHIBIT "C"
Notice of Intent to Repossess
6S?va ep-
P WICE OF THE SHERIFF
CUHRF'i. ""^pVTY
,Ia 19 4 05 PH 199 ?
CA F',ISLE
PENNSYLVANIA
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
V,
Larry D. Flood, Jr.,
Defendant.
CIVIL DIVISION
No. 99-4370 civil
PRAECIPE TO REINSTATE COMPLAINT
To the Prothonotary:
Please reinstate the above-captioned complaint.
Erin P. Dyer, Esquire
Attorney for GreenPoint Credit Corp.
PA Attorney ID Number 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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CASE NO: 1999-04370 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT CORP
VS.
FLOOD LARRY D JR
CHRISTOPHER EVANS , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within REIN. COMPLAINT-REPLEVIN was served
upon FLOOD LARRY D JR the
defendant, at 9:50 HOURS, on the 30th day of August
1999 at MONROE MUFFLER CARLISLE PIKE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to LARRY D. FLOOD, JR.
a true and attested copy of the REIN. COMPLAINT-REPLEVIN
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 6.82 2
Affidavit .00
Surcharge 8.00 ulll 55 ine, S rifF
532-62-ER N P. DYER
0831/1999
Cam'
by
e u y eri
Sworn and subscribe,,5o before me
P i?/i ( (?
this day of ?jo
9_qC A.D.
r ono ar
I , Z
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
V.
Larry D. Flood, Jr.,
Defendant.
CIVIL DIVISION
No. 99-4370 civil
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter judgment by default in favor of plaintiff GreenPoint Credit Corp.
and against defendant Larry D. Flood, Jr. 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 August 30, 1999 and his answer was due to be filed on September 20,
1999.
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
September 21, 1999, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1999 Dutch 5802 Manufactured
Home, Serial Number 20862DAB, that being the relief demanded in the complaint.
Erin P. Dyer, Esquire
PAID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Attachments: Ten Day Notice
Affidavit of Non-Military Service & Last Known Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp., ) CIVIL DIVISION
Plaintiff, ) No. 99-4370 civil
V. )
Larry D. Flood, Jr., )
Defendant. )
Via Certified Mail # Z 047 928 663 and Certificate of Mailing
Larry D. Flood, Jr.
45 Country View Estates
Newville, PA 17241
Date of Notice: September 21, 1999
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR 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 AGAINSTYOU WITHOUTA HEARINGANDYOU 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 CANNOTAFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Court Administrator
Cumberland County Courthouse
4" Floor
Carlisle, PA 17013
(717) 240-6200
Erin , Esquire DD ' /
Atfdfney for Plaintiff ru i of 7? 3 ?j
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
LAGreenftintTlood. Larry%TDN.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit Corp., ) CIVIL DIVISION
Plaintiff, ) No. 99-4370 civil
v. )
Larry D. Flood, Jr., )
Defendant. )
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn according to law, deposes and
says that he makes this affidavit on behalf of the within plaintiff, being so authorized
avers that defendant's place of residence is 45 Country View Estates, 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, etseq. This statement is
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Erin . Dyer, Esquire
ci?
PAID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
V.
Larry D. Flood, Jr.,
Defendant.
Larry D. Flood, Jr.
45 Country View Estates
Newville, PA 17241
CIVIL DIVISION
No. 99-4370 civil
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.
J 2?' /D- /5?- 91
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Prothonotary of Cumberland C 191y
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
V.
Larry D. Flood, Jr.,
Defendant.
CIVIL DIVISION
No. 99-4370 civil
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary, kindly issue Writ of Possession in the above matter directing
the Sheriff of Cumberland County to:
1. Deliver possession of the following described property to GreenPoint
Credit Corp.:
1999 Dutch 5802 Manufactured Home, Serial Number 20862DAB.
2. Inform Larry D. Flood, Jr. that he has ten (10) days to remove personal
items.
3. After ten (10) days a motor truck will transport the 1999 Dutch 5802
Manufactured Home to a predetermined area or the plaintiff will secure the mobile
home with a new lock for later transport.
4. To satisfy the costs against Larry D. Flood, Jr., you are directed to levy
upon any property of Larry D. Flood, Jr. remaining after the above-mentioned time
period and sell his interest therein.
Erin er, squire
PA ID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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IV= OF POSSESSION Ejectment Proceedings PRC P 3160 - 3163 etc) 11
GreenPoint Credit Corp.
Larry D. Flood, Jr.
45 Country View Estates ?
Newville PA 17241
---'_-"------- ------------- --------------° .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'T'Y. PENNSVLV.-%--NZA
?.o _ 99 _4370--Civil ----------- 'T'erm 19_----_
-----------
- -------------------------------- Term i?----'
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CONIlIO.YWEALTH OF PE.?INSYLVANIA:
COUNTY OF CU`fBERI-1-ND:
CUMBERLAND
To the Sheriff of ____________________
-__Councy, Penna.
r 1) To satisfy the judgment for possession in the above matter :rou are directed :o delver possession of the
following described property ;o:
GreenPoint Credit Corp,
----------------------------------------------------•----
------------------------------------------------------------------------------
being: (Premises as follows) : 1999 Dutch 5802 Manufactured Home
Serial Number 20862DAB
Plainsiff 's,
To sar3fy the xs:s against the defendant ;s, you are directed to :evy upon any prore.ny of :l: de=er
dant sj and sell his her ;or $cri irteresi therein.
October 15, 1999
Date
SEAL )
CURTIS R. LONG
.. -----° _--- ------------- -------- --------- --- - ----
Proehonorar,.•. Co, o New Cour. of Cuarberland
C nci, Penna.
ISy :. _- - --------- ---------
Deputy
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