Loading...
HomeMy WebLinkAbout03-3615IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, V. Nanette Y. Powers and Gary L Fesenmyer, Defendants. CIVIL DIVISION No. 03. St, IS Q~ TYPE OF PLEADING: Complaint in Replevin FILED ON BEHALF OF PLAINTIFF: Greenpoim 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. Nanette Y. Powers and Gary L Fesenmyer, Defendants. NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 PENNSYLVANIA ~ATAtL~ INSTALLMENT CONTRACT, SECURITY AGREEMENT, IVER OF TRIAL BY JURY AND AGREEMENT TO FOR ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE (Contract) BUYER(S): NAME: NANETTE Y. POWUJi-~.S . NAM~ GARY L. F~S~IqMYER ; ' : :7- - .- ~' - . NAME: . . ..- . .. .... ~ BUYER'S NAME: ADDRESS: 297 MOHAWK RD - crr~:~ILLE MH VARIABLE RATE CONTRAr LOAN PLAN: A03. 0224-9-8. OFFICE NUMBER: 7906~. OFFICE LOAN SOURCE NOeL 750230 USE ^cc-r. NO,:---- ------ ONLY FUNDING CODE: ..... bOUNTY: -CI3MBERLAND ~ '" s;rk;rE: PA 7JP: ........ PHONE: (717)- -?'~6:~'7'03' S~SEC.#(S):'l~7'2-56:09.92 2.03:5~ PROPOSED LOCATiON OF MANUFACTORED HOME: ;'~'-3 8' S~pP'"~-~IgSBT~. [vIBL'-E~', S~IIPP~S~,U'~G, PA 17257 "1," "me," "myself" or "my" mean all persona who sign this Contract as bUYer or ~0-bu~;~r, jointly ~,n8 severally, and' "y~)u~ "your" mean the Seller and any assignee, This Contract will be submilted to the Creditor indicated below, at a local office and approved, it will be assigned to that Creditor. On the date of this Contract, I buy from you on a credit sale basis the manufactut home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactur home at the time of purchase (called "Manufactured Home"). CREDFFOR:BANKAMERICA ~{OUS!lqG SERVICES, A DIVISION OF BAi~[~ 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 t Contract (item 5) with interest at the initial rate of 3. 0.00 % per year. The interest rate I will pay will change in acoordar with the provisions of this Contract. I will pay this amount in installments as show-n-in the pa~,rfl&nt schedule, or as recompu' due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 02/24/18 , I still owe any amount um this Contract, I wii[ pay such amount in full on that date, which is called the "Maturity Date." Each monthly payment Will applied as of its scheduled due date. If no interest rate is disclosed above, the initial interest rate is the Annual Percentage R. shown below. INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate rr change 11 months after my first payment is due and every 12 mo_nibs thereafter based on movements in the monf average yield on united' ,~tatas ~i'~asury securitFas adjusted to a constant maturity of one year, as made available b-~'-th-e Fed{ Reserve Board, which is the index rate. My interest rate cannot increase or decrease by more than 2.00 % at any ihter rate change or by more than 5.00 % over the term of the Contract. The interest rate will equal the index rate in eft 45 days befora the interast rate change date plus ~. margin of 5.75 ~ (rou~nded to the iN'"EAREST .1/8 of one percentage point) unless the interest rate caps limit the amount of change in the interest rata. If this index rate is longer available, you may choose a new index that is based upon comparable information. ANNUAL PERCENTAGE RATE The cost of my credit aa a yearly rate (which ts subject to chatlge): 10.85 FINANCE CHARGE The dollar amount the c~edlt will cost me (which Is subject to change): $ 31,748.98 Amount Financed Sec Contract terms for addiaonal Inionneifon Numberof about nonpayment, default, required repayment Payments in full before the echedulad data, and 12 pmpayn3ent re fu nde and penalties. My 228 prepayment: If I pay oN e~uty, I will not payment have to pay a penalty, but [ will not be schedule entitled to a refund of the Prepaid will be: Rnance Charge, if any. Security: I give you a se~Jrity Interest in the goods or property being purchased, LateChlrge: Itapeymentisrnorethan 3.~ dayslate, lwillb~c~l_arged ~ provided to me or on my behalf: $ 21,678.50 See #7 (pa~e 2) Amount of- ' Payments $ 209 .21 $ 223 .3~ $ .00 $ .00 Total of Payments The amount [ will have paid after [ have madeall payments aa scheduled (based on the current Annual Percentage Rate which ia eubjec~ to change): $ 53,427.48 Total Sale Pdce The total cost of my purchaaa on credit (which is eubjectto change) includ[~g my down $ · $ 55,842.48'- Fln. Charge + Arnour{~'l~, Total Pay. + Dove1 Pavnler When Payments A~e Due Monthly, beginning ~ARCH 24 .19 9 Monthly, beginning [vLz[RC~ 24 Mon~[y, beginning ,19 Monthly, beginning .19 . ._ % of the unpaid amount of such payment, not to exceed $ 5.00 Variable Rate: My Contrm~ contains &varlabla rate fea~re, Dleck~u;ra$ abo6~ ~e'va~able rate fea~ra have be~n ~r~vlded t6'me; eadl~r. A==umptlea: ,Someone buying my Manufactured Home may, under oertath circumstanoee, be allowed to assume the remainder of the Contract on the adglnal terms. Eafimetea: All numerical disclosures e~cept the late payment disc~osurae are estimates. The above disclosures ara b~sed on terms in effect on the date this Contract is signed. If the into- of Payments, Annual Percentage Rate, Finance Charge and Total of Payments will be more or I ORIGINAIJ. COPY -.' - Description of TRADE NAM~ SKYLINE Manufactured . ~ Horns: MODELc BAYS PRIi~GS YEAR: 9 6 NEW; __ USED: X LENGTH: 7 0 ~, V~UTH: 14 ~ · SERIf[ ' .NU~E~ SKl1046 8J r: "' ITEMIZATION OF AMOUNTRN~NCED 1. C~sh Price (Including Sale~ '" · Taxof$ .00): ..... $ 23 900.00 2." ~. C~h'Do~ pay~nL:....':'~"'"'~';~'z5, od :: :b' Trede.:I" (Year. Make, ~odeD: Len~ ' Width .... ~rcas V'alue $ ...... .00" Uens $- 00 · ' ~Seller to payoff) Net Trede-ln Value $ .00 T°ts! ~--F~aYment ................ $ 2,A15.00 Unpaid I"J;.~dance of Cash Price (! minus 2) '$' :" .~,-1 ~ G 85.00 4. Amounts p~id to others on my behalf:* " .... a. To insurance Companies: (1) Properly Insurance $ 166 . 00 '~" (2) cTedit LJfe-I~s,';ran~**" $ .00 '" - b. -To Pul~ic Offictal~: ...... (1) Certificate of 'title $ 22.50 .... (2) FTLTZCC :'7~ ...... $ ' 5. 0 0 ~" C,-~ To Creditor: · For: $ .00 ~' d.- ~o: :-"; ' '~Or. ' .o0 ~ ' e; To: ' ' ' .0o f.. To: ' . $ .00 $' h. To:' For:." $ Tofal (a+b+c+d +e + f + g Sh) ...... $ -. 3.93.50 5. Unpaid Balance (3 plus 4) ........... ~ ............ $ 21,678.50 ~; ;~ep.,~ .F~..,.ce~. ....... ,. ....... $ . oo 7'~ Am°unt I=inanoed ($ minus ~)...: ............... $ I understand and agree that a portion of certain of these ,,mounts may be r~rained by you or your affiliate. '*PROPEI~ITY INsuRANcE: P;o~3e~'y 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 Iine 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 Phslo~lDam eOo~erage 121~OS $. 166 .00 L]ABILI~ INSURANCE COVERAGE FOR BODILY INJURY AND PROPER~ DAMAGE CAUSED TO O~ERS IS N~ INCLUDED UNLESS INDICATED IN THE PROPER~ INSU~NCE SE~ION ABOVE. CRED~ LI~ INSURANCE.' Credit n~ requir~ for ~is Con~a~ or a fa~or in ~ approve. If I ele~ Cr~it ~e Insumn~, proposed insured(s) Pmpos~ Insur~ P~op~ In~umd ' ('~n~ spouse ~ be insd~ jotn~.) ' ~is insu~ca may not ~y off ~1 of my debt, and ~e e~ amount of ~ver~e is shown on my poli~ or ~icete, My signa~re indicates my eleven to ebon Cmd~ Ufe Insurance ~vemge for the ~rm premium shown: Type ~ Core.ge Te~ Premium Single. _. $ Joint $ (signature) Date Date (~i~naflJre) .......... (If joint coverage is desired, bo~ proposed insurede must sign.) ADDITIONAL TERMS AND CONDITIONS VARIABLE RATE: e. Monthly Payment Changes. My monthly payment amount will *change each time my interest rate is adjusted. The moat: payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payme~ 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 the interest rate s monthly payment at least 25 days before the adjustment. This notice will contain information about the Index rate, inter, rate, payment amount and remaining unpaid balance. c. Conversion to Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time begins 7.~..RO years from the date of this Contract and ending 20 years from the data of this Contract. order to conyert t~ a fixed're~te~'~l mu~t n6~' b~ in default 'under the'terms of this Contract, I must flotify you in writing of desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrafundable conversion fee. '1 new fixed interest rata will be your standezd fixed interest rate for a comparable Contract on the date that you receive written notification. The new fixed rate will take effect on the "Conversion Date," which shall be my next payment due d that is at least 30 days afl-er your timely receipt of a revision agreement signed by all Borrowers together witl nonrefundable conversion fee ~f'$ 200.0~ -. . The new fixed rate and the Conversion Date are subjecl change if my revision agreement and fees are received after the date'specified in the ~'e~isidh agreement. My new paym 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 am ell goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment ~ other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the its listed as "Additional Accessories and Furnishings" on page I of this Contract, (3) any refunds of unearned insurance premiu financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactu Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment; performance of my obligations under this Contract, including any additional debt arising because of my failure to perform obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Cont] constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect y secudty interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction thai in the real estate records or other appropriate index as a financing statement for any of the items specified above. , reproduction of this security instrument or any other security agreement or financing statement, and any extensions, renewals amendments thereof, shall be sufficient to perfect a secudty interest with respect to such items. PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I W NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYME THERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGF IN WRITING TO THOSE CHANGES. PROPERTY INSURANCE: s. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home the term of this Cohtract against loss by fire, hazards included within the term "extended coverage" and any other haze including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the 'Minimum Covers{; The insurance poltcy will contain a loss payable clause protecting you (es your interest may appear), and provide f~ 10-day notice of cancellation to you. Unless you consent in writing, [ shall not add any additional loss payee to the Insure policy. I have the dght to choose the person through whom the proper~ insurance policy is obtained, If my insure coverage expires or is cancelled pdor to payment in full of this Contract, I must obtain no less than the Minimum Coverag my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only ~ interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable perio you determine. If you decide, In your sole discretion, to obtain insurance, you will notify me of that fe~ and that the cost, interest at the Contract rate, will be added to my debt. I will repay such amount during the term of the policy in the ma~ requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than mlgl' the case if I had purchased the insurance, and that you may purchase the insu?ance from an affiliated company which receive a profit for this service. ORIGINAL COPY b. A~signment 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 ~arrier. 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 remalnlng 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 cha~le. R~'i'URNED 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 fall to make any payment when due; (b) I fall 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 fall 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;, (0 I fall 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 (j) I fall 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 ~orrect 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 Dona*act. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not 'squired to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) I have ~bandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist. ,-,URE OF DEFAULT: I may cure a default at any time before fire to the Manufactured Home is transferred from ma, which will )a 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 vhich would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late charges hat are due; and (d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to the ~ite of sale. I must also perform any other obligation I would have had to perform in the absence of default. ~EMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following at the end of the notice ~eried, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due ~nder this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest I liVe you under this Contract. If you are not required to send me the Notice of Default end Right to Cure Default, you will have hess rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from he sale, after expenses, is ~ess than what I owe you, I will pay you the difference except as otherwise provided by law. All emedias are cumulative and you may enforce them separately or together in any order you deem necessary to protect your [RBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL: 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 cia/manta 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 ~s venu&d lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND I AGREE ORZGIN~L COPY AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JUl WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, lay JUDICIAL REFERENCE, OR i , TRIAL~BY A JUDGE. b. Arbitration. Sinoe this Contract touches and concerns interstate commerce, an arbitration under this Contract shall conducted in accordance with the United States Arbitration Act (Title 9, United States Code), notwithstanding any choice law provision in this Contract. The Commercial Rules of the American Arbitration Association ("AAA") also shall apply. '1 arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim. Any controve concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be enta~ in any court having jurisdiction, and no challenge to enby of judgment upon the award shall be entertained except pmvidod by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice. Judicial Reference or THai by a Judge. If requested by either you or ms, any controversy or claim under subparagraph that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appoin by the court who, sitting alone and without jury, shall decide all questions of law and fact, You and I shall designate to court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponso proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy is venued lacks power to appoint a referee, the controversy instead shall be decided by trial by a judge without a jury. Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you. may have to exercise seif-hefp remedies such as set-off or repossession, to foreclose by power of sale or judicially age. ins sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction befc after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of a such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute controversy be determined by arbitration as provided above. A3-1'ORNEY FEES: If I prevail in any legal action or arbitration proceeding whtch ia commenced in connection with enforcement of this Contract or any instrument or agreement required under this Cohtract, or in connection with any disp relating to this Contract, you will pay my reasonable attorney fees, court costs and necessary disbursements incurrec connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with 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 court costs and necessary disbursements to the full extent permitted by law, together with reasonable fees imposed on you an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not exc~ $50.00 and further provided that no attorney fees may be charged pr[or to my receipt of the Notice of Default and Right to C Default. OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due wi~in next twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless Such fee is prohibited by law; to pay interest at the .Conb'act rate on the remaining unpaid balance plus accrued interest, from the date of maturity until pat. full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actu advance on my behaff to correct my default; end (e) that if I am married, and residing in a community property state, both 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 appl any assignee of this Contract. CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collec my account and share information about me and my account with credit repotting agencies. You may sell or otherwise fun information about me, including insurance information, to all others who may lawfully receive such information. You may fun specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any Insure 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 chart unless in writing and signed by one of your officers. This Contract is the entire agreement between us and [ agree that no or= implied representatiohs 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 ~ under applicable law, but if any provision of this Contract shall be prohibited by or invalid under applicable law, such provi= shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or ORIGINAL ~.OPY remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me end you. In no event shall ~ny 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 end governed by the laws of the state of Pennsylvania, provided that to the extent you have greater fights 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 ]aw. N H IS 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. ~CE~I~.D: TheforegoingConaactisherebyassignedunder~heterms If yOU do not meet your Contract obligations, you Of ~le A~slgnment on page 7. may lose your manufactured home. Notice to Buyer: Do not sign this Contract in blank. COLTNTllY SIDE VILLAGE HOIvIES, SEU.ER~S 31 WALATUT ]BOTTOM ROAD _~D~SS:.~ 172570000 You are entitled to an exact copy of the Contract you sign. Keep it to prot~.~ct your legal rights. BUYER(S~ 51GNATURE(S): / / INC,_. ~ c~ / ~'1'~ OF T~[$ CO~: AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND ~CKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. .... ORIGINAL COPY ASSIGNMENT BY SELLER TO CREDITOR INDICATED ON PAGE 1 ("Creditor') With respect to this retail installment contract ("Contrant") signed by one or more buyers ("Buyer'), SELLER represe~ and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Bu,. was legally competent to contract at the time of Buyer'S'execution of this Contract; (3) this Contract arose from the bona f sale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specif and no part thereof was loaned directly or indirectJy by Seller to Buyer; (5) any trade-in, or other consideration, received as; part ct the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount oK on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set fc herein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against e; purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the ev, of any c~airn or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home other property or consideration transferred pursuant to this retail [nstallmant contract, Seller agrees that it will indemnify and h Creditor harmless from all such claims and defenses as well as from all costs reasonably incurred by Creditor in connect therewith, including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair CrE Reporting Act, Seller has notified Buyer that this Contract is to be submitted to Creditor. For value received, Seller hereby assigns to Creditor all its rights, title and interest in this Contract and the prop; which is the subject matter hereof and author;zee Creditor to do everything necessary to collect and discharge same. All · terms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a i: hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchas this Contract ORIGINAL COPY ODOIi~ETER DZSCLOSURE EXERPT BY FEDERAL *LAN NANETTE Y PDHER$ ~ GARY -~- L FES~NHYER ~38 SHIPPENSBURG NB EST SH~PENSDURG PA BANE OF AREA[CA FSB IB'.. - _ .: ............................ ,~,~.,,~,~,,,~ ~ '__ BANK OF AMERICA FSB ~QO SOUTHPOZNTE BLVD TYPE OR PRINT) Certfficate of Title must be submitted within ~0 days, unless the purchaser is it registered dealer h~3iding the vehicle for resale. TO CO&JPLETE O~ pRO~OIN~ & FA~-~ ~"]~N'~M&~ ~--rH~'~ ~N ~r~E~ .'M4O/O~ ~ ENT [ WARN I N G - ,~DE.~ ,.'.o st,,'r~ ~ .~<X.,E *r~ ~, EA E IN C~'4~., K~I TM'l'fl ~ TRM~Fe. OF ~HNI~R~NIP FAILUR~ A, ASSIGNUENTOFTFfi. E- M~,.,~..~,-~-,-~.~..~~,~-~, rm~r ID(" HOT N':, r~r~tT'~ UNLESS $1GNI~ ~N P~E~'Cc~ ~' A NOT, pr A.N~ ; UHLESS SIGNE~ DO HOT NC' IN PRESENCE OF A NOTARY ~ND~ PURCHASER 5 N~¢..F. tS LI$~ED AND ~E: ! ER ~S A DEAl. ER DO NOT ;~')T~IZE UNLESS $1GNE IN PR~::~E~';CE C,r A NOTARY AND= AND ~E~ I.EH 1~ A ~EALER ~ ~ .... O:IE~ CHECK HE"I= IF APPLICATION FOR DF~LE. TI~.E AND ¢~OMPIJETIE ~C~lO~ D. TrruH(~ FEE~ $, ........ : ..... JUL, 24, 2003 4:53PM GREENPO;NT June WOT%C:E OF %#TEI~%~R 1'0 ACCELE~.I~, CDI~qENCE LEGAL A~f'lG¥ OR REpO~g'$ 6REENPOZNT CREDIT, LLC ATLAHYA, ~A RE: Manufactured ffome Loan - Account #0000061~01006000C~ NA~ETTE Y. PO~ERg COUNTRY VZE~ ESTAIES ~E~V[LLE PA I72al You are now in default on your Nanufaotured ~ma Loan Centrnct. If you correct rbe defauttr you may omltfnue ~lth the contract as though you did not default. Your default consists of failure to make timely Thtrcy~one ($t) daya after the date of t#la notice, we ray have the right to commence Legal acci~n and your manufactured home, Cure of defeuLt~ Your may cure ¥~ur default by making payment in the amount indicated beto~ Credfgor~a rights; Any per:ia( payment of the attaint c~Je ~bie.~ ia received by u~ will be applied to your account. YOu ~iLL need to pay the full amount by the date indicated above in order to cure your default. exe~ our r~ghts aaeinst ~ u~der the La~ by accelerating your d~t and either re~sess~ y~r manufactuP~ hame or, {f n~es~ary, brlnglno a court ~o~fon to obtain ~s~easfon Of ~ur manufac:ur~ home. ~f ge elect ro exercise our rishr~ against you by repossession o~ the aranufactueed hame ysu may, st any time before ge cell ar otherwise dtapoee of the manufesrurd h~me or es:er into a contract far frs sale or other dt~pos~rfun~ (tdliC.~ sba~L be at Least 45 day~ after poat~ar~ of th($ notice), re~eem the man,lectured home by paying us all augusts due p[u~ expanses reasonably incurred by us in detash~n~ an~ tranaport~ng the manufactured home to the mite of the sale and our reascnab(e attorney,s fees, re the ex~ent permitted by the haur~ of 8;00 a.m. end 5=00 p.m., ffonday tbroUdh Friday. If this default ~as caused by your failure to make s p~ymsnt er payl~ents, and you ~ant to DaY by am~L. CC: Fils If any additional regular payment beco~ due dUring thi~ cure per{ed, rhfa payment must a~ac be pa~d ~n ardor to avoid any further default. far re-pO.~essiun to b~n. YoU a~ not r~p~fbte tn pay this ~ PA (3447 095-07-0000~S01006-00001 ~une 10, ]U~TIGJ~ OF IIFFEliTi~ TO &~L~A~, COl4~#~ LEEAL AL*TICII GR_R~POSSEs$ GREENPO~RT C~ED{T, LLC P.O. mOX 888 4?2-7338 SE: Hanufoctured H~pmo Loan - Aooomnt #000006130100600001 82 COU#TRY VIEg ESTATES you are no. {n default o, your Manufactured Ho~m Loam Contract. if Ysu correct the default, you may continue with the contract as though you did not default. Your default c~aiacs of foHure to make timely payments of one Or ~oro inotaLLmente au asr~d to in ~he ter~s of the contract. Thirty-one ($I) days after the date of th~s RotiCeo ~o may have the right to commence legal action end repossess your manufactured home. Cure of default; ~our may uUre your default by maklns payment in the amount indicated betou: Past Due Nonthty Payment(s) $ 559.94 Late ChorEa(s) $ B2.50 Total Due NOW $ 642.&4 Creditor~s risht;; Any port;at payment of the amount due ahJch ts received by ua ~li[ be oppi;ad to your accOUnt. You will need to pay the fuLL amount by the date ~ndi;ated above ;~ order to cure your default, you de not correct your default ~th~ 31 days duo from the postq~orked date of thfs not~co~ ae may exert{se our rights ago{nat you under the La~ by acceLerating your debt and either repooamsains your manufactured home or, if necessary, bringing a court out,on to obtain pooaseofon of your manufsotured if If Ne elect to exercise OUr righte against you by repossess;on of the manufactured boer yOU maYF at any time before He ocli or othsrsise dispose of the manufooturd home or enter ;nto a contra~t fop ~ta ao~e or other diapse;t[on~ cuhich shall be at toast 45 days after postmark of this notioe)~ redeem the manufactured home by payinE ua ail omounto due p~us expenses reasonably incurred by us ~n detaching and tranSportfng the manufactured homo to :he a~te of the sate and our reasonable attorney's fees, to the extent permitted by if you have any qUeStions, ~r{to to us at the address above or celt ma at the phmle number Listed above bot~ee~ the hours of a;0O o.;. and 5~0 p.e.~ Monday ~hrough ;r~day. if this default uss caused by your fafLure to make a payaant or paymonts~ and you ,ant to pay by emit, please sand a check or money order. Do not send cash. If any additional regular payment becomes due durfng th;s cure per;od, thfs payment must also be paid in order to ovo~d any ~urther default. Thfs ~s not aR attempt to coLLect · debt. This not,ce is sent as required by Irate/FederaL taM, ~n order for repossess;on to beg;n- You mre not responsible to pay th~s debt bmcom th;G debt Mas d~ec~arged in Your PA (:344) TOTAL P. 03 VERIFCATION [, Natalie Marc, Legal Processor, and duly authorized representative of Greenpoint Credit, LLC, do hereby depose and say subject to the penalties of I8 Pa. C.S. § 4904 relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint in Replevin are true and correct tot he best of my information and belief. Legal Processor Greenpoint Credit, LLC ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit, LLC, Plaintiff, Nanette Y. Powers and Gary L. Fesenmyer, Defendants. CIVIL DIVISION No. 03-3615 Civil Term TYPE OF PLEADING: PRAECIPE TO REINSTATE COMPLAINT OF 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, ]?A 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit, LLC, Plaintiff, Nanette Y. Powers and Gary L. Fesenmyer, Defendants. CIV1L DIVISION No.~3-3615; Civil Term PRAECIPE TO REINSTATE COMPLAINT OF REPLEVIN TO THE PROTHONOTARY: Please reinstate the Complaint of Replevin in the above-captioned matter. Date: EDWARI~'VO2LKER, JR. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 Attorney for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03615 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS POWERS NANETTE Y ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT POWERS NANETTE Y unable to locate Her COMPLAINT - REPLEVIN ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and in his bailiwick. but was He therefore returns the the within named DEFENDANT 238 SHIPPENSBURG MOBILE ESTATE SHIPPENSBURG, PA 17257 POWERS NANETTE Y NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 26.22 Not Found 5.00 Surcharge 10.00 .00 59.22 So answers- // /~ .~/ · homa s ~ ne Sheriff of Cumberland County WOELKER & ASSOCIATES 08/28/2003 Sworn and subscribed to before me this ~/~ day J~ A.D. P~o~honotary ' SHERIFF'S RETURN - CASE NO: 2003-03615 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NOT FOUND GREENPOINT CREDIT LLC VS POWERS NANETTE Y ET AL R. Thomas Kline duly sworn according to law, inquiry for the within named DEFENDANT FESENMYER GARY L unable to locate Him in his bailiwick. ,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and but was He therefore returns the COMPLAINT - REPLEVIN the within named DEFENDANT 238 SHIPPENSBURG MOBILE ESTATE SHIPPENSBURG, PA 17257 , NOT FOUND , FESENMYER GARY L as to Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 R. Thomas Kline Sheriff of Cumberland County VOELKER & ASSOCIATES 08/28/2003 Sworn and subscribed to before me this q~ day of~f~ ~ ~ A.D. h6notary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-03615 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS POWERS NANETTE Y ET AL R. Thomas Kline duly sworn according to law, says, that he made inquiry for the within named DEFENDANT FESENMYER GARY L unable to locate Him in his bailiwick. COMPLAINT - REPLEVIN a diligent ,Sheriff or Deputy Sheriff, who being search and He therefore returns the the within named DEFENDANT 82 COUNTRY VIEW ESTATES NEWVILLE, PA 17241. , FESENMYER GARY L NOT FOUND , as to PER POST OFFICE, DEFENDANT'S CURRENT ADDRESS IS 10 TAYLOR STREET APT P4 FPJ~NKLIN, PA 16323. Sheriff's Costs: Docketing 18.00 Service 7.59 Not Found 5.00 Surcharge 10.00 .00 40.59 So answers: / .~'~' ~-'~'~ R. Thomas Kline Sheriff of Cumberland County VOELKER & ASSOCIATES 09/25/2003 Sworn and subscribed to before me this ~ ~ day of ~,~-- ~{z~% A.D, Proth{~not ary ' IN THE COURT OF COMMON PLEAS OF CUMBERLANT) COUNTY, PENNSYLVANIA Greenpoint Credit, LLC, Plaintiff, Vo Nanette Y. Powers and Gary L. Fesenmyer, Defendants. CIVIL DFv'ISION No. 03-3615 TYPE OF ]['LEADING: PRAECIPE TO DISCONTINUE 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, CIVIL DIVISION No. 03-3615 Nanette Y. Powers and Gary L. Fesenmyer, Defendants. PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue Plaintiff's Case in the above-captioned matter without prejudice. Date: EDWARD F. VOELKER, JR. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the within Plaintiff's Praecipe to Discontinue without Prejudice was served upon the following by First Class United States Mail, postage prepaid, this l0th day of November, 2003, at the following addresses: Nanette Y. Powers Gary L. Fesenmyer 238 Shippenburg Mobile Estate Shippenburg, PA 17257 VOELKER & ASSOCIATES, P.C. Edward F. Voelker, Jr. Attorney for Plaintiff