HomeMy WebLinkAbout04-1828IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
Eldon E. Miller,
Defendant.
CIVIL DIVISION
No. O q I °M'
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
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,
Plaintiff,
CIVIL DIVISION
No.
Eldon E. Miller,
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 thc claims set forth against you. You arc warned that if you fail
to do so thc case may proceed without you and a judgment may be entered against you by thc
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
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
CIVIL DIVISION
o'-.t
Eldon E. Miller,
Defendant.
COMPLAINT IN REPLEVIN
AND NOW, comes Greenpoint Credit LLC, by and through its attorneys, Edward F. Voelkcr.
Jr., Esq., Chad R. Callahan, and Voelker & Associates, P.C., and avers the following in support of
its Complaint in Replevin:
1. Eldon E. Miller, hereinafter referred to as "Defendant," is an individual whose last
known address is 8 Robin Drive, Newville, PA 17241.
2. Greenpoint Credit LLC hereinafter referred to as "Plaintiff," is a limited liability
company and is duly authorized to conduct business in the Commonwealth of Pennsylvania.
3. On or about April 18, 2000, Defendant entered into a "Note, Disclosure and Security
Agreement, and Agreement to Arbitrate ," hereinafter referred ~Io as the "Security Agreement,"
whereby Defendant financed from Greenpoint Credit LLC. a 1998 Champion Home I3uildcrs
Duchess manufactured home (serial no. 14014E) with certain furnishings, equipment, appliances,
and accessories included at the time of purchase, hereinafter collectively referred to as the
"Manufactured Home." A true and correct copy of the Security Agreement is marked as Exhibit "A"
-1-
and is attached hereto and made a part hereof.
4. It is believed and therefore averred that the Manufactured Home is located at the
residence of Defendant.
5. Pursuant to the Security Agreement, Defendant promised to pay the financed amount
of $32,521.50.
6. As security for the loan, Defendant, by the Security Agreement, granted Plaintiff a
security interest in the Manufactured Home.
7. Plaintiff perfected its security interest in the Manufactured Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a
Vehicle is marked as Exhibit ana is attacneo hereto and made a part hereof.
8. Plaintiff avers that the approximate retail value of the Manufactured Home is
$27,129.00.
9. Defendant has defaulted under the Security Agreement by failing to make payments
when due. As of April 19, 2004, the delinquent payment amount due and owing from Defeodant to
Plaintiff is $3,053.94.
10. As of April 19, 2004, the amount owed by Defendaut to Plaintiff; not including costs,
attorneys' tees and dan~ages for the unjust retention of the Manufactured Home, is $35,328.75. The
interest on said amount is accruing at the daily rate of $7.65.
11. Defendant has failed to surrender the Manufactured Home upon Plaintiff's demand.
12. On February 15, 2004, Plaintiff provided Defendant with a Notice of Default, a true
and correct copy of the same ismarked as Exhibit' ' "C" and ~s' attached· hereto and made a part hereof.
13. Plaintiff is now entitled to immediate possession of the Manufactured Home.
14. Plaintiff is entitled to attorneys fees under the terms of the Security Agreement.
WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the
value of such in the sum of $27,129.00, plus attorneys fees in the amount of $600.00, costs, interest
from April 19, 2004, and damages for the unjust retention of the Manufactured Home.
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
C~. Callahan-- ~
Attorneys for Plaintiff
Voelker & Associa~Ies, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
-3-
PENNSYLVANIA
NOTE, DISCLOSURE AND SECURITY AGREEMENT,
AND AGREEMENT TO ARBITRATE
(Agreement)
BORROWER(S): NAME: ELDON E. MILLER
NAM~
NAME:
NAME:
BORROWEF~Eh . _
ADDRESS:U,~=~ LINCOLN HIGHWAY
MH FIXED RATE DIRECT LOAN
' ' " -= I LOAN PLAN: -' F01 041300'
[FOR'. 't OFFICE NUMEER: 79020
[ OFFICE | LOAN ~OUB~F-_ I~,: ,
1 ACS No.:' '
/::' ?';' ':i';j PUND,. CODE: '
COUNTY: CU'F~ ER.LA.LND
CITY: BEDFORD
STATE: PA ZIPCODE: 15522 PHONE: (814) 623-6209 $. SEC. #(S): 196-42-04'62=
LOCATION OF MANUFACTURED HOME: 8 ROBIN DR, NE~v'ILLE, PA .17241 ~.. ("Ranlp_roperty")
"t," "me," "myself" or "us" means all persons who sign this Agreement as borrower or co-borrower, Jointly and severally, and
"you" or "your" means the Lender Indicated below. On the date of this Agreement, I borrow from you the Unpaid Balance shown
below. The manufactured home described below, together with furnishings, equipment, appliances and accessories affixed to
the manufactured home (called "Manufactured Home") secures this loan as set forth in the Security Agreement contained
herein.
LENDER: GREENPOINT CREDIT, LLC
PROMISE TO PAY: I promise to pay you at such address as you may direct the principal sum of:
THIRTY .FOUR THOUSAlqD TWENTY ONE AND 50/100 .DOLLARS
(US $ 34,021.50 ), (the "Unpaid Balance") or so much as may be outstanding, with in,rest at the rate -- ~._25
per year until the debt is paid in full. The Unpaid Balance shall include and [ will pay interest on any prepai~finance cl~argas ym
agreed to advance me. I will pay this amount In monthly Installments as shown herein in the Payment Schedule until the Unpak
Balance plus all accrued interest is fully paid. Additionally, I promise to pay any other charges that I may owe under th~
Agreement. If on 04'/17/20 , I still owe any amount under this Agrasmant, 1 will pay such amount in full on that date
which is called the 'Maturity Date." When you calculate interest, every year shall have 360 days and every month shall have 3¢
d~ys and each monthly payment will be applied as of the scheduled due date.
IANNUAL PERCENTAGE RATE
The co,~t of my credit as a yearly rate:
~4'. 0i %
PAYMENT SCHEDULE:
IFINANCE CHARGE I
The dollar amount the credit will
cost me:
$ 64,599.30
Amount Financed Total of Payments
The amount of credit provided The amount.l_will have paid after
to ma or on my behalf: have made all payments as scheduled
$ 3~,521.50 $ 97,'120.80
:.. ............. ... : Rn.~h'~g~¥Amou~Fin.
Numbarof. Am~uhtofpaymants [-'....': :"' '- ' · Wh,~nPaymentsAmDua(F~stimatod)
Paymehto -I . · .....
MY --'7 9.40 $ 404, ~ 67 Monthly, beginning [~.Y-- iT 2.00_0
peymeh~ $ .00 Monthly, beginning ' '
eche~lule $ .00 Monthly, beginning
.00
Prepayment: If I pay off eariy, I wit[ not have to pay a penally.
Security: I give you a seourily interest in:
X the Manufaotured Home and household goods, -.
Late Charge; ~ftheUnpak~a~an~e~sgreaterthan$25~andifthepaymantism~rathan15daysI~te~w~bechargedaTatecharga~5%~fthe
unpaid amount of such payment not to ex~eed $5.00.
Aeaumptlom Someone buying my Manufactured Home may not assume the romalnder of thiL~ Agreement on the orlglnai terms v, lthout your prior written
consenL =
Seeurltylntere=tCharge,: Seaurity,nterestFees$ o.oo Il ~,~ !
See the terms of this Agreament for addlfionalinform~tion about m3npaymant, defli~ll ~ ' :~ ~ ~.~;~,E,;~ ~Ibefore the scheduled date, and prepaymen
i
If you do not meet your obligations under this Agreement, you may lose your IVlanufactured Home and other household goods.
-~ci-;ption of TRADE NAME: CMAMPION HOME BUILDERS
Manufactured MODEL: DUCHESS
Hom~:
SERIAL
NUMBERS:
ADDmONAL
ACCESSORIES
YEAR: '1998 NEW:__ USED: _ X
AND FURNISHINGS:
LENGTH: 60 ft.~- WIDTH:
E~ "'ITEM . . .'1 I '" S~RIALNUMBER
. ~11ON 'OF'/
1. a. Amount of credit provided to me or on my behalf:.
$ 32,494.00
b. Amount credited to my account:.
$
2. Amounts paid to others on my behalf:.*
a. To Insurance Companies:
(1) Property Insurance $,
(2) Credit LJfe insurance ....$
b. To PublicOfliciais:
(1) Certificate of'l'ille ......... $ 2 ?. 50
(2) FILING FEE $
$
d. To:
e. To:
For.'
$
'f. To: FINkNCTAL RESOURCES & ASS'T',
For: BROKER
1,500.00
g. TO:
$
[, To:
For:
$
j. To:
For:
For:
OF
3. Amounts paid to Lender: For:
4. Unpaid Balance (la and lb, plus 2 and 3)... $ 34,021.50
5. Prepaid Finance Charge ......................... $ _ 1,500,00
6.' Amou~ Financed (4 minus 5) .................. $ 32,521.50
* I understand and agree that a portion of certain of these
,a~m_ o_u_n~_m~y_ .b_e..re_t_amed by you, your affiliate, or the Seller of
' ' .INSURANCE_ .......
PROPERTY 'INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Agreement I have the right to choose the person
through whom it is obtained. By marking my initials
next to a "Type of insurance" listed below, I elect to
buy the insurance coverage indicated for the term and
premium shown, and I want you to finance it on this
Agraement
:[~pe of Insurance Terr~._._~ .Premium
--Physlca~ Damage Coverage
LIABI[LrrY 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
AGREEMENT OR A FACTOR IN ITS APPROVAL. IT
WILL NOT BE PROVIDED UNLESS I SiGN BELOW
AND ,AGREE TO PAY THE ADDITIONAL COST, If I
elect Credit Life Insurance, the name(s) of the
propo~red insured(s) are:
Propesed Insured
Prope=sed Insured
(Only spouse can be insured jointly,)
This insurance may not pay off the entire Unpaid
Balan¢,~ under this Agreement. The exact amount of
coverage is shown on my policy or certificate. My
signature indicates my election to obtain Credit Life
lesurance coverage for the term and premium shown:
Type of Coverage Term Premium
Single _ 4,
Joint ~_$
(signature) Date
(signature)
Date
(If joint coverage is desired, both proposed insureds must sign.)
041300
c. Canceilation of Required Insurance Upon Prepayment in Full. if you have purchased any insurance on my behalf, at m
expense, and if I prepay in full the Unpaid Balance due under this Agreement, (1) you will provide me with any notic
required by applicable law, (2) I have the right to cancel the insurance and receive a refund or credit of unearned premium
or to continue the insurance, but unless I specifically request cancellation, the insurance will remain In effect until th,
,,schedu~'ed expiration date,
LATE CHARGE: If the Unpaid Balance at the time of execution of this Agreement is more than $25,000.00, then I agree to pa
a late charge if you have not received the full amount of any monthly payment as set forth on page I of this Agreement. Onr
one late charge will be made on any delinquent installment regardless of the period for which that installment remains in defaul~
After this Agreement matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you $15.00 (or such higher amount as allowed by law) [f any check given to you i
not honored because of insufficient funds or because no such account exJsts.
EVENTS OF DEFAULT: I will be in default under this Agreement if: (a) I fall to make any payment when due; (b) I break an
other promise I made to you [n this Agreement, (c) I fail to make timaiy rental payments, or to pay other charges an~
assessments, relating to the Real Property and/or facility on which the Ma~ufactured Home is located; (d) I violate restrictiw
covenants, rules or regulations relating to the Real Property and/or facility wi~ere the Manufactured Home is located; (e) I fail t,
keep the Manufactured Home in good repair and condition, as you -may rea=anably determine; (f) I remove the Manufacture,
Home from the address shown on this Agreement unless I notify you in adwance and receive your written consent; (~) 1 s~ll c
attempt to sell the Manufactured Home or to transfer any beneficial interest 'therein without first obtaining-your written consenl
(h) I allow the Manufactured Home to become part of any real estate without: first obtaining your written consent; (i) I encumbs
or abandon the Manufactured Home or use it for hire or illegally; or (j') If any statement of fact, representation or warranty I mak,
to you in my loan application or in this Agreement is false, misleading, inaccurate or Incomplete.
NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary t,
correct my default. You will, except as set forth baiow, first give me a Notice of Default and Right to Cure Default before yo~
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures thi,
~A~-e-n~t~Th~-I~Oti(~'~l-{~-~e ~,~t ~n-y-~&~l~-i-s-a~' h-~W ~l-~a~ ~J-r~ it~-~((~el~-a~"~l~/iS~ required by applica~ble law, yo~
not required to send me this Notice when (1) you have already sent a Notice three times within t~-e preceding one-yas
period, (2) I have abandoned or voluntarily st~rrendered the Manufactured Home, or (3) other extreme circumstances exist whicl
could jeopardize your security interest.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do any or ail of the following at the end of the notice period
as allowed by applicable law: (a) you can require me to immediately ~ay you the entire remaining Unpaid Balance due under thi
Agreement plus accrued interest; (b) you may require that I reimburse you in such manner as required by applicable law, or i
none is required in the manner requested by you with interest at the rate provided for in this Agreement, the amount of funds yo~
actually advance on my behaff to correct my default; (o) you may, but are not required to, pay taxes, insurance premiums, fees
expenses, charges,' rents or assessments respecting the Manufactured Home, or satisfy liens, on or to make repairs to th~
Manufactured Home if I have not done so as required in th s Agreement (d) to the extent permitted by app iceb[e law you ma'
cancel any Insurance for which a or a part of the pram urns or charges was financed by you; obtain a refund of u'neame
premiums or charges, and apply those amounts against the Unpaid Balance, or (e) you can repossess the Manufactured Home
If you are not required to send me the Notice of Default and Right to Cure Default, you will have these rights immediatsly upol
my default. If you repossess the Manufactured Home, and I do not exercise any right to cure or redeem the Manufactured Hom~
that I may have, you may dispose of it as required by applicable law. You will give me written notice at least fifteen (15) day~
before any repossession sale. The notice shall be sent to the address shown as Borrower's Address section on the first page o
this Agreement or to any other address which [ later give you'in writing. Before the sale I still may get back the Manufacturel
Home if I (1) pay you ail installments due or past due at the time of delivery of the Manufactured Home back to me, (2) pay yo~
all unpaid delinquency or deferred charges, (3) pay you your costs of suit, including but not limited to attorneys' fees to whicl
you have a right under Agreement, (4) cure any other defaults which may h~we occurred, and (5) ff my default at the time e
repossession exceeded fifteen (15) days, the expenses of retaking, repairing and storing the Manufactured Home allowed b,
law. You will apply the proceeds of any repossession sale (1) first, to your expenses in selling the Manufactured Home, then (~
to your costs of retaking, repairing and storing the Manufactured Home, then (,3) to your reasonable and actual court costs am
any attorneys' fees to which you have a right under the terms of this Agreement, then (4) to late charges, and then (5) to th~
balance still due. If there is any surplus money from the repossession sale, it will be refunded to me. If there is still a baianc~
due you, I must pay it to you, except as otherwise provided by law. If you repossess, you also may take possession of any othe
property anywhere in or attached to the Manufactured Home. You agree to return all such property to me upon my request. Yo~
may hold the property for me at my risk without liability on your part. If you take possession of any such property, you will not~
me in writing. If I do not then promptly claim and take possession of this property, you have my permission to dispose of it in ~
reasonable manner. I will pay any reasonable charges which you may Incur for storing or shipping such property. All remedle~
ADDITIONAL TERMS AND CONDITIONS
SECURITY INTEREST: I grant you a secur'rty interest under the Uniform Commercial Code in (1) the Manufactured Home and ir
ail goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment an(
other goods furnished and affixed to the Manufactured Home including but not Iimitod to the items listed as "Additiona
Accessories and Furnishings" on page 1 of this Agreement, (3) any refunds of unearned insurance premiums financed in thi.'
Agreement, (4) any substitutions or replacements of the foregoing, and (!5) ail proceeds of such Manufactured Home ant
accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and performance of al
my obligations under this Agreement, including any additional debt arising becauce of my failure to perform my obligations unde
this Agreement and includes any contractual extensions, renewals or modifications. Notwiths~nding any other provision of thi;
Agraemant you are not granted and will not have a non-purchase money security Interest in household goods to the extent sucl
a security interest would be prohibited by applicable law. To the extent permitted by applicable law, my execution of thi~
Agreement constitutes a waiver of my personal property and homestead exemption rights to the Manufactured Home harei~
described. I also authorize you, at my expense, to slgn and file, without my signature, such financing and continuatio{
statements, amendments, and supplements thereto, and any other documents which you may from time to time deem necassar
to perfect, preserve and protect your security interest In the Manufactured Home. I agree that you may file this securi~
instrument or a reproduction thereof in the real estate records or other appropriate index as a financing st~.tement for any of th,
items spas'~ad above. Any reproduction of this security instrument or any other security agreement or financing statement an,
any extensions, renewals, or amendments thereof shall be sufficient to perfect a security Interest with respect to such items.
also agree to pay any filing or recording fees necessary for you to get and keep in force your security interest, and any releas,
fees after this Agreement is paid in full.
PREPAYMENT: I MAY PREPAY THIS LOAN IN FULL OR IN PART AT ANY' TIME WITHOUT PENALTY. If I make a part;
prepayment, there will be no change in the due dates or amounts of my monthly payments, unless you agree in writing to thco
changes. Any prepaid finance charges are earned when paid. If I prepay this loan in full or default and you demand payment c
the entire balance due, no portion of any prepaid finance charge will be refunded.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide unthterrupted physical damage Insurance coverage protecting th
Manufactured Home for the term of this Agreement against lose by lira, hazards included within the term "extends
coverage" and any other hazards, including flood, for which you require insurance, in an amount equal (unless state la,
requires otherwise) to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance I ow
from time to time under this Agreement (the "Minimum Coverage"). The insurance policy will contain a loss payable claus
protecting you (as your interest may appear), and provide for a 10-dsy notice of cancellation to you. Unless you consent
writing, ] shall not add any additional lose payee to the insurance policy. I have the right to choose the person through whol
the property insurance policy is obtained. If my insurance coverage expires or is canceled prior to payment In full of th
Agreement, [ must obtain no less than the Minimum Coverage at my expence for the remaining term of this Agreemen
Should I fall to maintain the Minimum Coverage, you may, but are not obligated to, obtain uninterrupted insurance cuverag~
To the extent permitted by applicable law, I agree that any insurance you purchase may be for the protection of only
interest in the Manufactured Home, msy not fully protect me in the e~;ent of s loss, end 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, pit
interest at the rate provided for in this Agreement, will be added to my debt. I will repay such amount in the manner
required by applicable law, or if none is required in the manner requested by you. 1 understand that the insurance premiun
may be higher if you must purchase the insurance than might be the case if I had purchased the insurance, and to the exte
permitted by applicable law, that you may purchase the Insurance from an affiliated company which may receive ;t profit
this service.
b. Assignment and 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 carder. If I fail to promptly notify or make proof of Ices to the insurance carrier, you may do so on n
behalf. All physical damage insurance proceeds, includlng proceeds from optional coverage, shall be applied to restoration
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless in your sole discretion su;
restoration or repair is not economically practical or feasible, or your security interest would be lessened, if such restorati;
or repair is not practical or feasible, or your security Interest would be lessened, you shall apply the insurance proceeds
the remaining unpaid balance of this Agreement, whether or not then due, ;and give me any excess. I authorize any insurer
pay you directly. I hereby appoint you aa my limited attorney-in-fact to sign my name to any check, draft, or other docume
.necessary to obtain such insurance payments.
ARBITRATION OF DISPUTES:
a. Arbitration. You. and I agree to arbitrate any and all (t) disputes, torts, counterclaims, or any other matter in quastio
between you and I arising out of, in connection with, or in any way relating to this Agreement ("Claims") (including whether.
Claim nlust be arbitrated) and (2) any Claims arising out of, in connection with, or relating to a transaction involving you and
and one or more third parties who have not signed this Agreement which a third party elects to arbitrate ("Third Part
Claims"). However, neither you or I can require the other to arbitrate (1) an!l proceeding in which a lien holder may acquire c
convey title to or possession of any property which is security under this Agreement, or (2) an application by or on behalf c
me for relief under the federal bankruptcy laws or any other similar laws of general application for the relief of debton
Enforcement of this exception to arbitration at any time will not waive the right to arbitrate any other Claim or Third Part
Claim, including those asserted as a counterclaim in a' lawsuit under this exception to arbitration.
b. Rules. The arbitration shall be (1) binding, and (2) governed by (i) the Federal Arbitration Act ('F~tie g of the United State
Code); (ii) the Expedited Prcceduras of the Commercial Arbitration Rules of the American Arbitration Association (th
"Arbitration Rules") in effect at the time arbitration is requested, and (iii) this Agreement. A copy of the Arbitration Rules, frs
of charge, may be obtained by calling (800) 778-7879. The arbitrator shall have all powers provided by the Arbitration Rule
and this Agreement and shall apply the law, including but not limited to all statutes of limitation, which would otherwise appl
in a judicial action to a Claim or a Third Party Claim.
The award of the arbitrator(s) shall be in writing and Include a statemsnt of reasons for the award. If the terms of thi
Agreement and the Arbitration Rules conflict, the terms of this Agreenrsnt shall control the extent of the conflict. Th
arbitration shall be conducted in the federal Judicial district where my residence is located, or at any other place mutual;
acceptable to you and [. The arbitration hearing shall begin within forty-five (45) days of the demand for arbitration.
If I have the right to rescind this Agreement, rescinding it will not rescind thins agreement to arbitrate.
You and I agree that the arbitration prccoedings are confidential. The information disclosed In such proceedings cannot I:
used for any purpose in any other proceeding. This Agreement is the only agreement between you and I regardin
arbitration, and takes the place of any prior agreements to arbitrate Claims. This Agreement may be modified on[ly by
written agreement between you and I.
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WITH A JUDG
OR A JUDGE AND JURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER REEEF ONLY TO YOU OR Il
THERE SHALL BE NO CLASS CLAIMS OR RELIEF. ANY DAMAGES AWARDED BY THE ARBITRATOR SHALL B
LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAl
PUNITIVE OR TREBLE DAMAGES.
ATTORNEY FEES: if I prevail in any legal action or arbitration prcceediing which is commenced in connection with ff
enforcement of this Agreement or b~ny instrument or agreement required under this Agreement, or in connection with any dispur
relating to this Agreement, you will pay my reasonable attorney fees, cou~I costs, and necessary disbursements incurred
connection with such action or proceeding, as determined by the court, or the arbitrator(s) in accordance with the law. If ye
prevail in any such action or proceeding, or in the exercise of any serf-help remedy as described above, I will pay ar
reasonable fees paid by you to an attorney who is not your salaried employee, together with court costs and necasca
disbursements to the full extent permitted by law.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, tt
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the ne
twelve-month period; (b) to pay you a transfer fee it I sell the Manufactured Home, unless such fee is prohibited by law; (
except as otherwise provided by applicable law, to pay interest at the rate provided for in this Agreement on the remalnl~
unpaid balance plus accrued interest, from the date of maturity until paid in full; (d) that if I am married and residing in
community property state, both my community property and separate preperty will be liable for all payments due under th
Agreement; and (e) if another person attempts to make payments on my behalf, you are not obligated to accept them. If you c
accept them, you are not releasing me or waiving any of your rights against me, and I authorize you'to discuss with anoth
person who is making payments on my account any information about this loan, including Its status and your collectic
procedures and remedies.
ASSIGNMENT: You may assign this Agreement to any person or entity. Alit rights granted to you under this Agreement sh
apply to any assignee of this Agreement.
CREDIT' INFORMATION: You may investigate my credit history and credit capacity in connection with 'opening and collecti~
my account and share information about me and my account with credit reporting agencies. UnJess prohibited by app)ieab)e }a~
you may sell or otherwise furnish information about me, including insurance information, to all others who may lawfully receiv
such information, including specific information about the Manufactured Home, and any insurance policies on the Manufacture
Home and the Real Property to any insurance agent to enable such agent to quote premiums to me and solicit my insurasc
business.
WAIVER, MODIFICATION, INTEGRATION: Your waiver of any default shall not constitute a waiver of any other default. N
term of this Agreement shall be changed unless in writing and signed by one of your officers. This Agreement and otb;
documents executed by me in connection with this Agreement, is the entire agreement between us and I agree that no oral
implied representations have been made to induce me to enter into thls Agreement By choosing or exercising one or mcr
remedies herein, you do not waive your right to later use or pursue one or more other remedies, except as limited by applicebl
law.
VALIDITY: Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective an
valid under applicable law, but if any provis on of this Agreement shall be prohibited by or invalid under applicable law, suc
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of suc
provision or the remaining provisions of this Agreement. This Agreement shall be of no effect until and unless signed by me an
accepted by you. In no event shall any charge under this Agreement eXceed the highest amount allowed by applicable law.
any excess charge is received such excess shall be refunded or applied to the Unpaid Balance.
GOVERNING LAW: Each provision of this Agreement shall be construed in accordance with and governed by the laws of th
Commonwealth of Pennsylvania, provided that to the extent you have greater rights or remedies under federal law, such choic
of state ~aw shall not be deemed to deprive you of such greater rights and remedies under federal law.
NOTICE: You will send all notices concerning this Agreement or my loan to me at the address listed on the first page of thi
Agreement unless I notify you in writing otherwise.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, INCLUDING THE PARAGRAPH CALLING Fei
RESOLVING DISPUTES BY ARBITRATION, AND AGREE THAT THIS AGREEMENT SETS FORTH OUR ENTIRI
AGREEMENT AND THAT NO OTHER PROMISES HAVE BEEN MADE.
BORROWER ACI(NOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT AT THE
TIME OF SIGNING
Borrow_er.
ELDON E. MILLER
Borrower
Borrower
Borrower
041300
DISCLOSURE
GREENPOINT CREDIT UNION
10089 HTLLOH CREEK RO
UNiT 79095
SAN DIEGO CA 92131
(TYPE OR PRINT) Cerlificate of Title must be submitted within 20 days, unless/he purchaser is a regi$1ewd daale~ hulda~g the vehicle f(, retable
! WARNING ~' ~ ~ ~'~' ~'~ ~ ~'~' ~" ~ ~ ~"' '~'~ TM ~'~ '""'~' ''~ ~ ~'~ ~'~
1
~SIGNMENT OF TITLE- m
FEES $ '. --
Febm~'y 15, 2004 OREENPOLNT CREDIT, LLC
P.O. BOX 5(Yl
MEMPHIS, TN 38101
8~8 472-733~I
RE: ~ -- Account # 000002030101600001
ELI)ON E~ MILLER
8 ROBLN DR
NEWVLLLE, PA [7241
Yea are now in default on year Manufactured Home Loan Contract. if you corr~:t the default, yea may continue with the contract as
theagh yea did not default. Y our defau It consist s of failure t o make timely payments of one or more installmems as agreed to in the
texans of the c eatract.
Thirty one (31 ) days after the date of this notice, we may have the right to c ommeece legal action and repossess your lnanufactumd
Cure of default: You may cum your default by making pay~nent in the ameant indicated below:
Past Due Monthly Payment(s) $ 856A1
Late Charge(s) $ 55.00
Total Due Now $ 911.4[
Creditor's rights: Any partial payment of the amount due which is received by us will be applicxt to your acceant. You will need to
pay the full ameant by the date indicated above in order to cure your default. If yea do not correct year default within 31 days due
from the .post~narked date of this notice, we ~nay exercise our rights against yea under the law by accelerating year debt and either
repossessing year manufactutvxi home or, if necessgy, bringing acotm action to ebtain possession of year manufactured home.
ff we elect t o exercise our rights against yea by repossession of the ~nanufacmmd home yea may, at any tilne before we sell or
otherwise dispose 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 ho~ne by paying us all mn ounts due plus expenses reasonably incurred by us in
der aching and tr~sporting the manufactured home to the site of the sale and ear reasonable attorney's fees, to t he extent parmitted by
law, plus ceart costs.
lfyea have any questions, write to us at the address above or call me at the phone nmnber listed above between the hours of 8:00 a.~n.
and 5:00 p.m., Monday through Friday.
If this default w as caused by your failure to make a payxnent or pay ments, and yea want t o pay by mail, please send a check or ~nouey
order. Do not send cash.
CC: File
If any additional regular paylnent becomes due during this cure period, this pay~neot xnust also be paid in on:ter to ay oid an y further
default. This correspondence is ~ atXe~npt to collect a debt and any information obtained will he used for that porpose.
PA (144) 095 - 11 aOO00020301016-O000I
IVia 5580 3025 1233 5238
Cea'tiffed
Mail:
7
103
VEPJFICATION
1, Chaira Douglas, Legal Processor, and duly author/zed r~resentatlv¢ of Greenpoint
Cred/t LLC, cio hereby depose and say s'ubj¢ct to the penalties of 18 .P'a. C.S. ~ 490,~ relating to
unswora iMsi~cation to authontms, that thc facts set forth in the foregoing Complaint in
P,¢plevin m'c trrle and corr~t to the best of my information and belief.
C 'hai~a Douglas - . ~/
Lega/Processor
Oreenpoi~Lt Crecli1: LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
CIVIL DIVISION
Plaimiff, No. 04-1828
Eldon E. Miller,
TYPE OF PLEADING:
Plaimiff's Praecipe for Default Judgment
Pursuant to PA. R.C.P. 1037(b)
Defendant.
FILED ON BEHALF OF PLAINTIFF:
Greenpoint 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 15219q604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
13reenpoint Credit LLC,
Plaintiff,
V.
Eldon E. Miller,
Defendant.
CIVIL DIVISION
No. 04-1828
PLAINTIFF'S PRAECIPE FOR DEFAULT
JUDGMENT PURSUANT TO PA. R.C.P. 1037(b~
TO THE PROTHONOTARY:
Kindly enter judgment for possession in favor of Plaintiff, and against Defendant, Eldon E.
Miller, 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 Defendant after the
default had occurred and at least ten (10) days before the date of the filing of this Praecipe. I further certify
that the Defendant, is not in active military service. A copy of the Notice is attached hereto as Exhibit "A".
The undersigned verifies that the statements of fact in the Praecipe are tree and correct and are made subject
to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsifications to authorities
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
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 COt_iRT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
Greenpoint Credit LLC.
CIVIL DIVISION
Plaintiff.
No. 2004-01828 P
Eldon E. Miller.
Defendant.
TO: Eldon E. Miller
DATE OF NOTICE: May 23. 2004
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 INFOR2~IATION ABOUT HIRING A
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 17013
{717) 249-3166
{800) 990-9108
VOELKER & ASSOCIATES. P.C.
Chad R. Callahan
Suite 1410. Allegheny Building
429 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 7~ day of ,~ ~ ~ v ,2004.
Eldon E. Miller
8 Robin Drive
Newville, PA 17241
Chad R. Callahan
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
CIV1L DIVISION
Plaintiff, No. 04~ 1828
Vo
Eldon E. Miller,
TYPE OF PLEADING:
Praecipe for Writ of Possession
Defendant.
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Chad R. Callahan
PA I.D. 4/82058
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
11'4 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC, CIVIL DIVISION
Plaintiff, No. 04-1828
Eldon E. Miller,
Defendant.
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Please issue a Writ of Possession in the above captioned matter for the 1998 Champion Home
Builders Duchess manufactured home (serial no. 14014E) located at 8 Robin Drive, Newville, PA
17241.
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
CERTIFICATE OF SERVICE
The undersigned does hereby cer¢ify that the attached was served upon the defendant by regular First
Class Mail this "~-~day of J ~ ,~, ,2004.
Eldon E. Miller
8 Robin Drive
Newville, PA 17241
Chad R. Callahan
SHERIFF'S
CASE NO: 2004-01828 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
MILLER ELDON E
RETURN - REGULAR
JODY SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT
MILLER ELDON E
DEFENDANT at 1545:00
- REPLEVIN
was served upon
HOURS, on the 3rd day of May
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE
CARLISLE, PA 17013
ELDON E. MILLER
a true and attested copy of COMPLAINT -
SQUARE
by handing to
the
2004
REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this /~ ~ day of ~
A.D.
So Answers:
R. Thomas Kiine
05/03/2004
VOELKER & ASSOC
By: ! ' ~
Dep ~u,~ Sheriff
othonotary -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GREENPOINT CREDIT LLC,
Plaintiff,
ELDON E. MILLER
CIVIL DIVISION
No. 04-1828
TYPE OF PLEADING:
Defendant.
PRAECIPE TO MARK SATISFIED
FILED ON BEHALF OF PLAINT~F:
GREENPOINT CREDIT, LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D.#55414
Chad R. Cal[ahan
PA I.D.#82058
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-054.3
1N THE COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVANIA
GREENPOINT CREDIT LLC,
Plaintiff,
CIVIL DFVISION
No. 04-1828
ELDON E. MILLER,
Defendant.
PRAECIPE_ T_O_MARK SA_TISF1ED
TO THE PROTHONOTARy:
Kindly mark the above matter SATISFIED, without prejudice.
Date:
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
Attorney for Plaintiff
C~ERTIFICATE OF SERVICE
The undersigned does hereby certify that the attached was served upon the defendant by regular First
Class Mail this _Z'~ day of ') ~' ~ ,2004.
Eldon E. Miller
8 Robin Drive
Newville, PA 17241
Greenpoint Credit, LLC
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
Eldon E. Miller
No. 04-1828 Civil Term
No. Term
Costs
Att'y. $ 107.50
Pl'ff (s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of Cumberland
County, Pennsylvania
(I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GreenDoint Credit, LLC
Plaintiff (s)
being: (Premises as follows):
1998 ~ion Hcme Builders Duchess
manufactured hcrne (serial NO. 14014E)
8 Robin Drive
Newville, PA 17241
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date June 4, 2004
(SEAL)
Curtis R. Lonq
Pro~onotary, Common Pleas Court of Cumberland County, Pennsylvania
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
WRIT OF POSSESSION RETURNED STAYED THIS DATE AS
PER ATTY
· tO
7/7/04
Sheriff's Return Advance Costs: 225.00
Docketing $ 18.00 Sheriff's Costs 53.57
Foundage 1.05
Frothonotsry 1.00 Refunded to Atty 7/7/04