HomeMy WebLinkAbout04-1130IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
Jennifer J. Parsons and Scott W. Bonnet,
Defendants.
CIVIL DIVISION
No. 0 -- 112(3
TYPE OF PLEADING:
Complaint in Replevin
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Voelker & Associates, P.C.
Firm #332
Suite I410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
CIVIL DIVISION
Plaintiff, No.
Jennifer J. Parsons and Scott W. Bonner,
De~ndams.
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
RETAIL )NSTALLMENT CONTRACT, SECURITY AGREEMENT, F I A01 lli 99
WAIVER OF TRIAL BY JURY AND AGREEMENT TOI : R OP CE,UM ER 79061
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE cE OAN SOURCE NO.: ? 50230
(Contract) , ACCT. NO.:h/ O. V L/.L
JENNIFER J. PARSONS ~ONLY FUNDrNGCODE:
BUYER(S):
NAME'
NAIF.: SCOTT W. BONNER
NAME:
NAME:
ADDRESS: 206 STEELSTOWN I~D
PHONE;
(717)
COUNTY; CU~fBERLAND
CrTy:NEWVILLE STATE'. PA Z~P: 17241
776-6717 S. SEC.#(S): 058-62-4582 048-64-17.30
PROPOSED LOCAI~ON OF MANUFACTURED HOME~ 86 RUSTIC DR, SHIPPENSBURG, PA 17257
"l," "me," "myself" cr 'my" mean all persons who sign this Con,'act as buyer or co-buyer, jointly and severally, and "you'
'your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a lot:al office and,
a~proved, it will be assigned to that Creditor. On the date of this Contract, I buy from you on a credit sale basis .'_.he ~_-!?_~;e_: ....
home described on page 2, together with furnishings, equipment, appliances and accessories included in the ;'~?~?.:-- '
home at the time of purchase (called "Manufactured Home").
CREDITOR: GREENPOINT CRRDiT, LLC
PROMISE TO PAY: I promise to pay you at such address ;ts you may direct the Unpaid Balance shown on p~ge 2 of
Gontract (item 5) with interest at the in,al rate of 8.50 % per year. The interest rate I will pay will change in _-.<-'-_.:.3 ....
with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as
due to changes in the interest rate, until the Unpaid Balance ia fully paid. If, on 11/18/29 , I still owe any amount ~..'
this Contract, I will pay such amount in full on that date, which is called the "Maturity Data." Each monthly payment will '
appUad as of its scheduled due date. If no interest rate is disclosed above, the initial interest rate is the Annual Percentage -- '
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate --
change 11- months after my first payment is due and every 12 months thereafter based on movements in"
average of interbank offered rates for one year U.S, dollar denominated deposits in the London market based upon ,,.,~ ~' ......,. :."
of major banks as published in the "Money Rates" section of The Wall Street Journal on the first publication day of each mnnfh
and known as the London Interbank Offered Rates (LIBOR), which is the index rate. This is called my 'interast
change date." My interest rate Cannot increase or decrease by more than .2.00 % at any interest rate change or by more
5.00 % over the term of the Contract. The interest rate wil/equal the index rate in effect 45 days before the ;::~ .:
rate change date plus a margin of 4.25 % (rounded to the NEAREST 1/8 of one percentage point)
the interest rate caps limit the amount of change in the interest rate. If this index rate is no longer available, you may choose
new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
s ~a~ re~ (whl~ Is
FINANCE CHARGE
<~edit wig cost me (whk~
is subject to change):
Amount Financed
my behalf:
Total of Payments
The amount I wil~ have paicl
after I have mede all
payments as scheduled
(baaed on ~a current
which is subject tu change):
10.T5 % $ 134,452.82
See ConSaCt terms for addltfonalinfotmaaon Number ~'
about nonpe, yment, clefs, uR, required repayment ~
In full before the sc/mduled date. anti 12
prepayment refunds anti panal~ee, l My 3 ~ 8
Prepayment: if I pay off early, I will not payr~ent
heve to pey a penalty, but ) ~l) not be scheduJe
enticed to a refund of the Prepaid wiJI be: ) --
Finance Charge, if any.
Security: i give you a eecudl¥ in!eras! in the goods or property being purchased.
Lefe C:herga: If a pay~lent is more than ~ 5 days late, J wi/I be cha~ged 5
$ 56, 027.50 $ 190,480.32
See ~7 (paes 2) Fin. Charge + Amount Fin.
Amountof
.... I~V.r~lO~ ...... ~ .... ~en ~ ~e
$ 448.26 ~m~,~g~n~ D~CE~ER 18
$ 531.90 MonmN,~g~g DECE~ER 18
$ Mostly.
$ Mon~, b~innlng
Total Sale Price
T~e ~h,~ cost of my
purchase on ~redit
(whfch is subject to
change) including my
down pa~ne. Olof.. ~ ~
$ 196,980,32
Total Pay. + ~W;1Paymellt
% of the unpaid amount of such payment, not to exceed
1999
2000
$ 5.00
Variable Rate: My Contract cunts/ne et va.da, bm rata feature. ~{~ra*,~ql~[~._~l~.~.~ ~[ ~ I~ feature have been provided to me statler.
AssumpSon: Someone buying my Manuteotured Home ~lay, un~'~: i~.u ~< ~ i .~.~[Iowed to a~eume the remainder of ~a Conl~em on the
original lerms, ~
Eaffmetes: AJJ nurnefl~ad dL,;closuree except l/ts ;ate payment dis .~.'~'~:~
The above ~sclosures are based on terms in effect on i~d.~ ~i~;~ ~3~:~:~ ;~-Slgned. If the interest rate cha~ges, ,~c~.,~!.: -
of Payments, Annual Percentage Rate, Finance Charg~ ~ .~ i J~, ,,,, &~lI,,~,~1~ ~ill be more or less than disclosed above.
Description of
Manufactured
Home:
TRADE NAME; COM/~ODORE CORP.
YEAR: 1999 NEW: X USED:
SERIAL
NUMBERS: ~X34-"782A~
MODE~ 'NOVA
LF. NGTH:' 6 ~_ ~ VZDTH: 28. ~
^DDmoNN. SKIRTING
^CCESSORI~S ANCHORS
AND FURN~SHINC-S: DECKS
GUTTER/DOA~S
SHED
BRo CHiM/~'EY
111699
1, Cash Price Onduding Sales
Taxot'$ .00): ................... $ 62,500,00
2. a. Cash Down Payment ....... $ 6,5 00.0 O
b. Trade-th (Year, Make. Mode]):
Length W'~th
Gross Value $ .00 Uens $
Net Trade-to Ve]ue .........
Total Down Payment ............................ $
3. Unpaid Balance of Cash Price (1 minus 2)
4. Amounts paid to others on my behaJf:.*
a. To Insurance Companies:
(1) Property Insurance .... $ .00
(2} Credit Life insurance $ .00
b. To Publio Officials:
(1) C, ert}§cate ot TiMe ......... $ 22.50
(I9 FILING FEES $ 5.00
c. To Creditor:.
For: ORIG FEES $ 2,2&2.18
d. To:
For:
$
e. To:
For:
$ .00
f. To:
For:
$ .00
g- TO: GREENPOI~NT CREDIT, L
For: FLOOD FEE
$ 2'7 . O0
h, To:
For.
$
~tal~+b+c+d+e+f+g+h~ ...... $
.00
.00
6,500.00
56,000.00
IN$.URANqE
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Contract. I have the right to choose the person through
whom it is obtained. By marking the approprfate rme
bo[ow, I elect to buy the coverage i~di~ted from you
for the term end premium shown, end I want it financed
on this Contract
Type of Insurance Term Premium
·. ~y~.~O,-maB~c~wage 0MOS $ .00
BROAD FO~
LIABIUTY INSURANOE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS iNDICATED IN
THE PROPERTY iNSURANCE SECTION ABOVE.
CRF_DIT LSFE ~N~URANG~:: Credit Life insurance is
not required for this Contract or a factor in its approval.
if I eleot 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 ali of my debt, and the
exact amount of coverage is shown on my policy or
certificate. My signature indicates my ele~on to obtain
Credit Life Insurance coverage for the term and
premium shown:
Type ct Coverage Term Premium
__ Single $
2,296.68 Joint , $
5, Unpe]d Balance (3 plus 4) .................... $ 58,296.68
6. Prepaid F'mance Charge .................... S 2,269.18
7. Amount Rnanced (5 minus B) $ 56,027.50
! understand and that a port3on of ~artaJn of theee amounts
agree
may be re, mined by you or your affiliate.
Date
(*lgnature}
(signature) Date
(If jo nt coverage is desired, ~ proposed insureds must sign.)
ORIGI/gAL COPY
ADDITIONAL TERMS AND CONDI'T]ONS
VARIABLE RATE:
e. Monthly Payment Changes, My monthly payment amount will change each time my interest rate is adiusted, t will pay '
amount of the new monthly payment beginning the first monthly payment at the interest rate change date, The
payment amount would fully amortize the remaining unpaid balance I am expected to owe on the interest rate change date
the adjusted interest rate in equal monthly payments over the remaining Term of this Agreement.
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate
monthly p~ymant at ;east 25 day~ before the adjustment. This notice will contain information about the index rate, ::~-'
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
~-ERO years from the date of this Contract and ending 30 years from the date of this Contract.
order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must hotly you in writing of
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee."
new fixed interest rate will be your standard 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
that is at least 30 days ~ter your timely receipt of a revision agreement signed by all Borrowers together with
nonrefundable conversion fee of $ 200.00 . The new fixed rate and the Conversion Date are subject
change if my revision agreement and fees are received after the date specified in the rev[sion agreement. My new ~ . ·
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 '
ail goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment
offier goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to ~,c
listed as ~'Addifional Accessories and Furnishings' on page I of this Contract, (3) any refunds of unearned insurance, ~ '
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such ,%',-~-.:=.'~-.*
Home and accessions, and of any Additional AocessorJes 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 thls Contract and includes any contrantual extensions, renewals or modifications. My execution of this
constitutes a waiver of my persona{ property and homeste-d exemption fights to the personal property herein described.
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to pbt~eo[.
security Jcterest in any personal property and fixtUres. I agree that you may file this security Jnst~ment or a reproduction '~--
in the real estate records or other appropriate index es a financing statement for any of the items specified above.
reproduction of th~s security instrument or any other security agreement or financing statement, and any extensions, renewals,
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
NOT BE EklIrI. ED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL
THERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home '
the term of this Contrant against loss by fire, hazards included within the term "extended coverage" and any other ~ .......
includffng flood, for which you require insurance, in an amount equal to the lesser of the actual cash veJue of
Manufactured Home or the remaining unpe~d balance I owe from time to time on this Contract (the 'Minimum
The insurance policy will cont~dn a Joes payable clause protec~ng you (as your interest may appear), and provide for
lO*day notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the
policy. I have the right to choose the person through whom the property insurance policy is obtained. If my
coverage expires or is cancelled prior to payment in full of this Contract, I must obtain no less than the Minimum Coverage
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but
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 period
you determine, if you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost,,
interest at the Contract rate, will be addecl to my debt. I will repay such amount during the term of the policy in thc.
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than ~',',~h~
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which
receive a profit for this service.
ORIGINAL COPY
· b. Assignment end Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake insurance, which
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give prompt notic
to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, you may do so on m
beha~. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restoration
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless such restoration or repair is nc
ecenomtcaily practical or feasible, or your security interest would be lessened. If such restoration or repair is not pranficai
feasibIe, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balana
of this Contract, whether or not then due, and giVe me any excess. I author'ace any insurer to pay you directS. I hereb]
appoint you as my limited attomay-in-fact to sign my name to any check, draft, or other document necessary to obtain sud
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 wil~
be mede on any delinquent installment regardless of the period for which that installment remains in default. After this Contracl
matures, whether by acceleration or otherwise, I will not be charged a late charge.
EVENTS OF DEFAULT: I will be in default under this Contract/f: (a) I fail to make any payment when due; (bi 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 [ocated; (c) t 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 cendition, as you may
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I nct~ you in
advance and receive your written consent; (fi i sell or atrempt te sail or to transfer any beneficia[ interest in the Manufactured
Home without first obtaining your written consent; (g) ! allow the Manufactured Home to become part of any real estate without
first obtaining your written consanl'; (hi I encumber or abandon the Manufactured Home or use it for hire or illegally; ~ 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 J$ my responsibility: and/or (1') I fail to do anything else which I have promised to do under this Goatract
NOTICE OF DEFAULT: If any of the above spec'~ied Events of Default have o~curred, 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 Not, ca twice within the preceding one-year period, (2) i 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 t/fie 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; (bi 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 per~orm in the absence of default.
REMEDIES UPON DEFAULT: it 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 (bi you can repossess the Manufactured Home pursuant to the security interest I
giVe you under this Contract. If you ere not required to send me the Notice of Default and Right to Cure Default, you w; have
these fights immediateIy 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
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim between or among you and me or our a~signees arising out ct 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, she]i, ~f requested by either you or me, be determined by arbitration, reference, or
thai by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims arising from a singte 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 t~e controversy
is venued lacks the power to a~ppoint a referee, by trial by e judge without = jury, as desm'ibed below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL ElY JURY, AND THERE SHALL BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR ElY
TRIAL BY A JUDGE.
ORiGZNAL COPY
· . c. Judicial Reference or Trial by e Judge, If requested by either you or me, any controversy or claim under subparagraph
th'at is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee
by the court who, sitting alone and without jury, cheil declde all questions of ~aw 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 .~. -~- -7.- ::
proceedings. The referee shall be an active affomey or retired judge. If the court where the controversy is venued lacks '
power to appoint at referee, the controversy instead shall be decided by trial by a judge without a jury.
do Self-Help, Foreclosure, and Provisional flemedlea. The provisions of this paragraph shall not limit any dghts that you o
may have to exercise seit-beIp remedies such as set-off or repossession, to foreclose by power of sale or judicially against
sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction .....
aftar or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of
such remedy shell serve as at waiver of the right of either you or me to demand that the related or any other dispute
controversy be determined by arbitration es provided above.
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any ';,.. '
relating to this Contract, you will pay my reasonable attorney fees, court costs and necessary disbursements incurred '
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 sell-help remedy as described above, I will pay ·
court costs and necessary disbursements to the full extent permitt~ed 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 +~-:._~: *
~0.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Rlght to C
Default.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly Jnstallmants, if requested by you to do ac,
ca,mated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within "*
next twelve-month period; (b) to pay you a transfer fee if I se[I the Manufactured Home, unless such fee is prohJbifed by law; {.
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid
full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you ~.._
advance on my behalf to correct my default; and (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 Gontract to any person or entity. All fights granted to you under this Contract shall apply ·
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and -;-_-.;;+-
my account and share information about me and my account with credit reporting agencies. You may salJ or o~hecw-ise '
information about me, including insurance information, to all others who may lawfully receNe such information. You may t-'-'
specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any
agent to enable such agent to quota 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 ---~---'
unless in writing and signed by one of your officers. This Contract is the entire agreement between us and I agree that ~c
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 -"
under applicable law, but if any provision of this Contract chall be prohibited by or invalid under applicable law, such, ' '
shall be ineffective only to the extent of such prohibi~on or invalidity, without invalidating the remainder of such provision (,J"
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In no ev,ai~t_ - ~
any charge under this Contract exceed the highest amount allowed by applicable laW. If any excess charge is received, -...
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 law~ of ~e -
of Panrtsyivan[a, provided that to the extent you have greater rights or remedies under Federal law, such choice of state
shall not be deemed to deprive you of such greater rights end remedies under Federal law.
ORiGInAL COPY
NO31CE
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 FOF
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURYTRIAL, ANi;
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACCEPTED: The foregoing Contract is herebyassigned under the terms
et :qe Assignment ot~ page 7',
SELLER'S
ADD,ESS:
COD-N?R¥ SIDE VILLAGE HOMES,
31 WAL~N-GT BOTTOF., ROAD
172570000
if you do not meet your Contract obligations, you
may lose your manufactured ho. me,
Notice to Buyer: Do not sign this Contract in blank.
You are enfiUed to an exact copy of the Contract
you sign. Keep it to protect your legal rights.
BUYER(S) SIGNATURE(S); ~
J.
- SCO?T W. BO_,N.~R '
DATE OF THIS CONTRACT:
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEII~T OF A COMPLETED COPY OF THIS CONTRACT,
~, //~ (S~lrtatSre of ~uyer) (*g~ature of Co-Buyer)
-- v ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail installment contract ("Contrac~ signed by one or more buyers ("Buyer), SELLER represents
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
was legally competent to contract at the time of Buyer's execution of this Contract; (3) this Con~act arose from the bona fide
sale of the merchand/se described in this Contract; (4) the down payment was made by Buyer in cash unless othen~ise specified
and no part thereof was loaned directly or indirectly by Seller to Buyer; (o-') any trade-in, or other consideration, received as any
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed
on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or
contemporaneously with the assignment of this Contrex,--t to Creditor;, (6) there is now owing on this Confl-act the amount set forth
herein; (7) this Contract and any guaranty submitted in connection herewith is in ail respects isgal%, enforceable against each
purported signatory thereof; (8) Seller has the right to a~_e!gn this Contract and thereby to convey good title to it; (g) in the event
of any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
other property or consideration transferred pursuant to this retail installment contract, Seller agrees that it will indemnify and hold
Creditor harmless from ail suoh claims and defenses as well as- from all costs reasonably incurred by Creditor in connection
therewith, insiuding but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit
Reporting AcL Seller has honied Buyer that this Contract is to be submitted to Creditor.
For value received, SeUer hereby assigns to Creditor ail its Hghts, title and interest in this Contract and the property
which is the subject matter hereof and autho~zes Creditor to do everything necessary to collect and discharge ~u'ne. All the
terms of any existing written agreements between Seller and Creditor governing the purchase of Contracts are made a part
herebf by reference, it being understood that Creditor reEes upon the above warranties and upon said agreements in pumhasing
this Contract.
.".. ,~-5~ OR_TGiiqAL COPY
&la RUST,lC OR
$H1' PPENSBURG PA
PA
NOTICE OF DEFAULT
J~u~ 1~, 2004
GREENPOLNT CREDIT, LLC
P.O. BOX 723308
ATLANTA, GA 31139
888 4/2-7338
RE: Your Manufac~utv. d Home -- Account #: 0~0006130314600001
JENNIFER J PARSONS
206 STEELSTOWN RD
NEW'VILLE, PA 17241-8750
Yoa are now in default on your Manufactorecl Htaue Loan Contract. If you correct the default, you ~nay continue with the contract as
though you did not default. Your default cousists of failure to make timely paymonts of one or more instalhnents as agreed to io the
terms of t he c oatract.
Thirty~ne (31) days after the date of this notice, we may have the right to cmmnence legal action and repossess your manufactm~J
home.
Cute of default: Yon may cure your ~fank by makingpayment in the amonnt indicated below:
Past Due Monthly Paymont(s) $ 1,946.
Late Charge(s) $
Total Due Now $ 1,966,
Creditor's rights: Any partial payment of the mnount due which is received by us will be applied to your account. You will need to pay
the full amouot by the date indicated above in order to cute your default. !_f you do not correct your default within 31 days due from the
postmarked date of this notice, we may exercise oar rights against you under the law by accelerating your debt and either repossessing
your manufactumd htene or, if necessary, bringing a court action to obtain possession of your manufactured home.
ff we elect to exercise our rights ag~finst you by repossession of the manufactured home you may, at any thne before we sell or
otherwise dis pose of the manufactured home or enter into a contract for its sale or other disposition, (which shall be at least 45 days
after posnnark of this notice), redeem the manufactured hmne by paying us all amounts due plus expanses reasouably incunv, d by us in
detaching and transporting the ~naonfactured home to the site of the sale aqd our reasonable attorney's fees, to the extent permitted by
law, plus court costs.
If yon have my questions, write to us at the ~klress abo~e or call me at the phone nmnber listed above betw~n the hours of 8:00 a.m.
and 5:00 p,m,, Monday through Friday.
If this default was caused by your failure to ma~ a payment or pay~nents, and you want to pay by lnail, please send a check or lnouey
order. Do not send cash.
CC: File
If any Mdifional regular paymem bacomes due during this cure period, this payment must also be paid in order to avoid any futxher
default. This correspondence is an attempt to collect a debt and any information obtained will be used for that purpose.
This is not an attempt to collect a debt. This notice is sent as requli~d by S~ederal law, in order fro' repossession to t~in.
You are not responsible to pay this debt because this debt was discharged in your bankruptcy.
PA (344) 095-11d)tXX~061303146-~00~l][
IVia Certified Mail: 7103 5580 3025 1220 0734
NOTICE OF DEFAULT
2004
GREENPOINT CREDIT, LLC
P.O. BOX 723308
ATLANTA, GA 31139
888 472-7338
RE: YourMaouf~'turedHome -- Accoum#: 000006130314600001
SCO'UFW. BONNER
206$TEELSTOWN RD
NEWV~LE, PA 17241-8750
You are now in default ou your Manufactured Hmne Loan Contract. if you correct the default, you may continue with the contract es
though you did not default. Your defanlt consists of faifure to make ti~nely payments of one or more instalhnouts as agreed to in the
terms of tbe contract.
Thirty ~ (31 ) days after the date of this notice, we may have the fight to cmmuence legal action and repossess your manufactured
hmne.
Cure of default: Yon may cure your default by making payment in the mnount indicated below:
Past Due Monthly Payment(s) $ 1,946. ! 1
Late Charge(s) $ 20.00
Total Due Now $ 1,966.11
Creditor's rights: Any partial paymont of the amount due which is received by us will be applied to your accoum. Yon will ueed to pay
the full mnount by the date indicated above in order to cure your default, if you do not correct your de/anlt within 31 days due from the
postmarked date of this notice, we may exercise our tights against you under the law by accelerating your dab~ and either repossessing
your manufactured hcnue or, ff necessary, bringing a c c~u't action to obtain possession of your manufactured home.
If we elect to exercise our rights against you by repossession of the manufactured home yon may, at any time before we sell or
otben~ise dispose of the manufactured home or enter into a contract for its sale or other disposition, (which shall be at least 45 days
after postmark of this notice), reduem the manufactured home by paying us all manures due plus expenses reasonably incurred by us in
detaching and transporting the manufactured borne to the site of the sale and our reasonable attorney's fee. s, to the extent penuitted by
law, plus court costs.
If you have any questions, write to us at the acktress above ur call me at the phone nmnber listed above between the hours of 8:00 a.m,
and 5.~0 p.m., Mooday through Friday.
If this default was caused by your failure to ma~ a payment or payments, md you want to pay by mail, please send a chock or money
order. Donor sendcash.
CC: File.
1.f any additional regular payinent bncmnes due during this cure period, this payment must also be paid in order to avoid any further
default. This correspondence is an attempt to collect a debt and any iufonrmtion obtained will be used foe that purpose.
This is not an attempt to collect a debt. This notice is sent as required by State/Federal/aw, in order fro' repasseasiou to
You are not lzspo~sible to pay this debt because this debt was diseballged in yom' b~nkmptey.
PA (344) 095-11-0001JO613(B146~lJ0001
IVia C~rtifmd Mail: 7103 5580 3025 1220 0741
VERIFCATION
1, Natalie Marc, Legal Processor, and duly authorized representative of Greenpoint Credit,
LLC, do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to author/ties, that the facts set forth in the foregoing Complaint in Replevin are true and
correct tot he best of my information and belief,
Natalie Marc
Legal Processor
Greenpoint Credit, LLC
IN' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
V.
Jennifer J. Parsons and Scott W. Bonner,
Defendants.
CIVIL DIVISION
No. 04-1130
TYPE OF PLEADING:
Plaintiff s Praecipe for Default Judgment
Pursuant to PA. R.C.P. 1037(b)
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,
Plaintiff,
Jennifer J. Parsons and Scott W. Bonner,
Defendants.
CIVIL DIVISION
No. 04-1130
PLAINTIFF'S PRAECIPE FOR DEFAULT
JUDGMENT PURSUANT TO PA. R.C.P. 1037(b)
TO THE PROTHONOTARY:
Kindly enter judgment for possession only, in favor of Plaintiff, and against Defendants,
Jennit~r J. Parsons and Scott W. Bonner, for failure to file an Answer or otherwise respond in the
above-captioned action at the above number and term within twenty (20) days from the date of
service of the Complaint.
I certify that a written notice of intention to file this Praecipe was mailed to each
Defendant after the default had occurred and at least ten (10) days before the date of the filing of
this Praecipe. I further certify that the Defendants, are not in active military service. Copies of
the Notices are attached hereto as Exhibits "A" and "B." The undersigned verifies that the
statements of fact in the Praecipe are true and correct and are made subject to the penalties of 18
Pa. C.S.A. § 4904 relating to unsworn falsifications to authorities.
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Chad R. Callahan
Attorneys for Plaintiff
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PEN-NSYLVANIA
Greenpoint Credit LLC.
CIVIL DIVISION
Plaintiff:
No. 2004-01130 P
Jennifer J. Parsons and Scott W. Bonner.
Defendants.
TO: Jennit~r J. Parsons
DATE OF NOTICE: 4/26/04
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
L A'~'~'YE R.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
VOELKER &, ,~Ot~iATES.
Chad R. Callahan
Suite 1410429 Forbes Avenue
Pittsburgh. PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC.
CIVIL DIVISION
Plaintii-'l:
No. 2004~01130 P
Jennifer J. Parsons and Scott W. Bonner.
Defendants.
TO: Scott W. Bonner
DATE OF NOTICE: 4/26/04
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAXVYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOVV.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING
LA~,VYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17{)13
(717) 249-3166
(800) 990-9108
VOELKER & ASSOCIATES. P.C.
Cl~ad'R~ Callahan
Suite 1410429 Forbes Avenue
Pittsburgh. PA 15219-1604
(412) 765-0543
CERTIFICATE OF SERVICE
The undersigned does hereby certify that the attached was served upon the defendant by regular First
Class Mail this [~ day of ~ a~.,, ,2004.
Jennifer J. Parsons
206 Steeltown Road
Newville, PA 17241-8750
Scott W. Bonner
5761 Pfeiffer Circle
Germanville, PA 18053
IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
Jennifer J. Parsons and Scott W. Bormer,
Defendants.
CIVIL DIVISION
No. 04-1130
TYPE OF PLEADING:
Praecipe for Writ of Possession
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC, CIVIL DWISION
Plaintiff, No. 04-1130
Jennifer J. Parsons and Scott W. Bonner,
Defendants.
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Please issue a Writ of Possession in the above captioned matter for the 1999 Commodore
Corp. Nova manufactured home (serial no. CX34782AB) located at 86 Rustic Drive, Shippensburg,
PA 17257.
Respectfully submitted,
VOELKER & ASS CIATES, P.C.
Attorneys for Plaintiff
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue'
Pittsburgh, PA 15219
(412) 765-0543
CERTIFICATE OF SERVICE
The undersigned does hereby certify that the attached was served upon the defendant by regular First
Class Mail this ~x day of ~c,~ ,2004.
Jennifer J. Parsons
206 Steeltown Road
Newville, PA 17241-8750
Scott W. Bonner
5761 Pfeiffer Circle
Germanville, PA 18053
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
Greenpoint Credit LLC
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
No. Term
No. 04-1130 Civil Term
Costs
JENNIFER a. PARSONS Att'y. $
206 Steeltown Road Pl'ff(s) $
Newville PA 1724
SOCTT W. BONNMER ~ Prothy. $
5761 Pfeiffer Circle
Germanville PA 18053
183.30
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of CUMBERLAND
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
Greenpoint ~redJt ]LO
being: (Premises as ~llows):
1999 Commodore CorD. NOva manufactured home
Serial No. CX34782AB~,located, at, 86Rustic~ ~
Drive, Shippensburg PA 17257.
Plaintiff (s)
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
D ate
May 11, 2004
(SEAL)
CURTIS R. LONG
Pmthor~tary, Common Ple~ Coltrt of Cumberland County, Pennsylvania
B Y:/~"-- ~)/%~f~ Deputy
By virtue of this writ, on the day of
I caused the within named
have possession of the premises described with the appurtenances, and
, to
Sworn and subscribed to before me this
day of_
Prothonotary
So Answers,
By
Sheriff
Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Jennifer J. Parsons and Scott W. Bonnet,
Defendants.
CIVIL DIVISION
No. 2004-01130 P
TYPE OF PLEADING:
PRAECIPE TO SATISFY AND
DISCONTINUE
FILED ON BEHALF OF PLAINTIFF:
Greenpoim Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Chad R. Callahan
PA I.D. #82058
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC, CIVIL DIVISION
Plaintiff, No. 2004-01130 P
V.
Jennifer J. Parsons and Scott W. Bonner,
Defendants.
PRAECIPE TO SATISFY AND DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above matter satisfied and discontinued, without prejudice.
V~~(~TESi.P'C'
Chad R. Callahan
Suite 1410429 Forbes Avenue
Pittsburgh, PA 15;219-1604
(412) 765-0543
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2004-01130 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
PARSONS JENNIFER J ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
HONNER SCOTT W
but was unable to locate Him
deputized the sheriff of LEHIGH
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
, to wit:
in his bailiwick.
County,
serve the within WRIT OF POSSESSION
He therefore
Pennsylvania, to
On June 18th , 2004
attached return from LEHIGH
Sheriff's Costs:
Docketing
Out of County 9.00
DEPUTIZE LEHIGH CO 37.00
.00
.00
46.00
oo/oo/oooo
this office was in receipt of the
So answers-
Sheriff of Cumberland County
Sworn and subscribed to before me
this /L ~ day of~
A.D.
Prothonotary
By virtue of this writ, on the 14 th day of__ JULY ,~2004
I caused the within named GREENPOINT CREDIT LLC _
have possession of the premises describedX~~f~eTfi~vd~gTo,~ _ 86 RUSTIC DR
, tO
SH[PPENSEURG, PA 17257
SHERIFF'S RETURN ADVANCE COSTS: 225.00
Docketing 18.00 SHERIFF'S COSTS 142,28
--}r~u~dage
Proth 1.00 82.72
Milage 14.49 REFUNDED TO~TTY ON
~on 30.00
Surcharge 30.00
Dep. Lehigh 37.00 7'-'
Out ot Co 9.7J0-
142.28 b ~ ~ l
Sworn and~ubscribed to before me this /6~ ~ns~e~s~ Zb ~
Prothonotary
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
Greenpoint Credit LLC
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. Term
No. 04-1130 Civil __Term
vs. Costs
JENNIFER J. PARSQNS AU'y. $
206 Steeltown Road PI'fl(s) $
Newville pA 1724
SOCTT W. BON~..R , Prothy. _ ___ __ $
5761 Pfeiffer Circle
Germanville PA 18053
183.30
1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of_ CUMBERLAND
County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GreenpoJnt Credit
being: (Premises as follows):
Plaintiff (s)
1999 Commodore Corp. NOva manufactured home
Serial No. CX34782AB loca%ed at 86 Rustic
Drive, Shippensburg PA 17257.
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
May 11, 2004
(SEAL)
CURTIS R. LONG