HomeMy WebLinkAbout01-2375IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/k/a
GreenPoint Credit Corp.,
Plaintiff,
CIVIL DIVISION
No. o~-
Complaint in Civil Action - Replevin
Beth A. Shaft'er a/k/a Beth A. Walter,
Defendant.
Filed on behalf of:
GreenPoint Credit, LLC f/k/a
GreenPoint Credit Corp.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/Ida
GreenPoint Credit Corp.,
Plaintiff,
Beth A. Shaffer a/ida Beth A. Walter,
Defendant.
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CIVIL DIVISION
No.
Complaint in Replevin
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 LAVVYER 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.
Curt Long, Prothonotary
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013 - 3387
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/ida
GreenPoint Credit Corp.,
Plaintiff,
Beth A. Shaffer a/ida Beth A. Walter,
Defendant.
CIVIL DIVISION
No. ~/-
Complaint in Replevin
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp., by and
through its attorney Erin P. Dyer, Esquire and avers the following in support of its
Complaint in Replevin:
1. GreenPoint Credit, LLC f/ida GreenPoint Credit Corp., hereinafter referred
to as "Plaintiff' or"GreenPoint," is a corporation duly authorized to conduct business in the
Commonwealth of Pennsylvania and has its principal place of business located at 400
Southpointe Boulevard, Southpointe Plaza I, Suite 230, Canonsburg, PA 15317.
2. Beth A. Shaffer a/k/a Beth A. Walter, hereinafter referred to as "Defendant,"
is an individual whose last known address is 124 Rustic Drive, Shippensburg, PA 17257.
3. On or about July 6, 1999, Defendant purchased a 1999 Champion Dutch
Duchess Manufactured Home, Serial Number22470E, (the "Mobile Home"), from Country
Side Village Homes, (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A."
4. Seller assigned its interest in the Security Agreement to Plaintiff, GreenPoint.
GreenPoint perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$57,500.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of April 2, 2001, the Defendant's payments of interest and
principal were in arrears in the amount of $1,672.99. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of April 2, 2001, is $60,328.70.
7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess
the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile
Home is attached hereto as Exhibit "C."
demand.
Defendant failed to cure the default or return the Mobile Home upon Plaintiff's
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
The Security Agreement provides that in the event of default:
a. Defendant will pay the reasonable attorney's fees of seller or of
seller's assignee, provided that prior to commencement of legal action such
fee shall not exceed $50.00;
b. Court costs and disbursements; and
c. Costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of stodng, reconditioning and reselling the
Mobile Home.
11. In order to bring this action GreenPoint Credit, LLC f/k/a GreenPoint Credit
Corp. was required to retain an attorney and did so retain Affomey Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp.,
requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNTII-DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC f/k/a
GreenPoint Credit Corp., alleges the following:
12. Paragraphs I through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp.,
requests:
a) judgment against Defendant in the amount of $60,328.70 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
Er~ r'~,,
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC f/Ida
GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\Green Point\$haffer-Walter, Beth\CM.wpd
VERIFICATION
Don Turosik, Collection Manager and duly authorized representative of GreenPoint
Credit, LLC, deposes and says subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are
true and correct to the best of his knowledge, information and belief.
Don Turosik
Collection Manager
GreenPoint Credit, LLC
VAmA C CON.ACT
OF 8Y JU Y AND AGrEEmENT
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE sou c NO,: 7 50230"
NAM~
NA~m COUP: C~RLA~D
SUYER'S
PHONE: (717} 375 -4434 S. SEO-~{S): 182-58 -1260
P~OPOSED LOCA~ON OF MANUFACTURED HOM~: ~24 RUSTIC DRIVE, SHIPPENSBURG, PA 17 ~5~'
'[," "me," "myself" er "my" mean ail pomona who sign ~Js Contract as buyer or co, buyer, ~o{ntly and severafly, and "you" or
'your" mean the Seller and any assignee, This Contra~ will be submi~ed to the Creditor indicated below, at a local office and, if
approved, it wiJJ be assigned to that Creditor· On the date of this ContraS, ~ ~uy from you on a credit saJe basis the manufactured
home described on page 2, together with furnishings, equipmenL appJiances and accessories i~cluded ~n the manufactured
fP ( )
home at the time o urchase called "M~nufactured Home"
CREDiTOR:GR~E~PO!~T CR~DI~ .CORP.
PROMISE TO PAY: ~ promise to pay you at such address as you may dire~ the Unpaid Balance shown on pa~ 2 of this
;onUact (Rem 5) w~ interest at the ini~ai rate of 9 . 00 % per year. ~e ~ntere$t rate ~ w~]l pay will change in accordance
N~ ~he provisions of th~s ContraS. J w~; pay this amount Jn installments as ~hown in the payment scheduJe, or as reco~uted
~ue to cha~ges in ~e J~terest rate, u~t[J the U~paJd 8aJa~ce Js fu~Jy pa[d. ~f,~ on 07 / 0 [/29 , ~ stJ~J owe a~y amou~ under
~is Contract, J w}JJ pay such amount i~ full on that date, which J$ called the "Matur~ 'Date." .Each ~o~thly pa~me~t wJil be
~pplied as of its scheduled due date, ]f no interest rate is ~isclosed above~ the ~nRia~ interest rate is the An~uaJ Percentage Rate
~hown below.
NTEREST RA~: My JnJ~'aJ interest rate may not be ~ased on the index used to make later adjustments. My interest rate may
:hange ~ % months ~er my first payment }s due and eve~ 12 months therea~er based on movements in the monthly
[verage yield on United $tates Treasuq securities adjusted to a constant maturJ~ of one year, as made available by the Federal
Resets Board, which is the index rate. My Jnteres[ rate cannot [ncrease or decrease by more than 2,00 % at any interest
'ate change or by more than 5. O0 % over the term of the Contract. The interest rate w~;J equal the index rate [n effect
45 days before the interes~ rate change date p~us a margin of 4. ? 5 % (rounded to the NgAR~ST 1 / 8
~f-one percentage point) unJess ~e interest rate caps liar the amount of change in the interest rate. Jt this index rate'is no
o~ger ava~labJe, you may choose a new index that [s based upon comparable information.
ANNUAL
PERCENTAGE
RATE
a yeaJ'ly ra~e (wilictt Ls
iq. o:. _%
FINANCE CHARGE
credit wltl mst me (which
is subject lo change):
Amount Financed
$ 123,204,26 $ 56,627.50
about nonpayment, datautL re~lu/red rep,,.. -,-: · - .. :- -.
in full before ~e scheduled date, and ' ' .'-
Pmpaymenl:: lt J pay off ead¥, i WIll no[ .~/~_~i~l~
have m pay a pena~./, but l wliJ not ~e ~(li~j:
Rnan~ Cha~e, ~ any.:,~:~
Late Cha~e: If a ps,ntis more ~an 15 days la~, $ 5.00
Total of Payments
which is subject to ~hange):
$ 179,83!.';6
Total Sale Price
(wl~ic~ I~ su~je~ to
chon;e) in¢ludin~ my
$ 6,300,00 :
$ 186,13!,76
., ~ .-.-, --..- AUGUST 01 ,la,, 99
500.4-1 Uon~ly,{:eginning AUGUST 01 .X~..2000
· 0 0 M~nthty, ~ginn~g ,1 g .__
,0 O Mon~ly, ~eginhing ,19 .
% of the unpaJd amount Ct ouch paymef, t, nctt~ exceed
he above disclosures are based on terms in
Payments, Annu~ Percentage Hate, Fin
EXHIBIT "A"
the interest rate changes, actual Amount
qore er ~ess than disclosed above.
~PR-~3-2~01 12:~9 GREENPCINT CREDIT 61 412 8?3
Description of TaADE NAME: DUTCK NOUEING, INC. MODEL:5043
Manufactured
Home:
YEAR: ]999 NEW: ~ii USED;__ LENGTH=
SERIAL
NUMBERS: 2
ADDITIONAL AIR CONDITNq
ACCESSORIES DECK/SH~D
AND FUFtNIBHING$: GUTTERS
SKIRTING
ANCHORS
CHIMI~EY
063099
.,:. ITEMIZATIOH.OF. AMOtJNT~F.I~NCED . ............. JNSURANCE ............ .~ ..............
I. Cash Price (tncfluding Sales
Tax m' $ .00 ): .................. $ 62,900,00
2. a. Cesh Down Payment ..... $ 6,300,00
b. Trade-In (Year. Make, Model):
Length Width
Gross Value $ ,0 [; Liens $
Net Trade-in Value ......... $
Total Down Payment ............................
3. Unpaid Balance o! Cash Price (1 minus 2)
4, Amounts paid to cther~ on my behalf:*
~ell~rtop~yo~
6,300,00
5~,~O0.gO
a. To I~suranceCompanies:
(~) Property Insur~ce ..... $ , 00
(2) Credit LiN, Insurance .... $ . go
b, To Public Oflic/a[s:
(1) Certificate of '~tle ..... $ 22 · 50
(2) FILING FEES $ 5,0O
¢. To Creditor:
For: ORIG F~E$ $ 2,266.18
d. To:
For:
$ .00
e. To:
For:
.0o
f. To:
For;
$'" ,00
g. To: GR~N~QiNT CREDIT
For: FLOOD FEE' " ',
S 27 ,gO
h. TO:
For:
$
Total (a + b +c + d + e+ ~+g +hi ....... $
2,~20,65
8, Prepaid Finance Charge ...................... $ 2,293,1~
PROPERTY INSURANCE: Property Insurance on the
Manufactured Home is required for the ~erm of this
Contract. I have the right to choose the person through
whom it is obtained. By marking the appropriate line
below, I elect to buy the coverage indicated from you
for the term and premium shown, and I want it financed
on this Contract,
Type of Insurance Term Premium
OMOS$ .00
BROAD FOKM
$
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPER'F( DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPER'FY INSURANCE SECTION ABOVE.
CREDIT LIFE iNSURANCE: Credit Life Insurance is
not required for this Contract or a factor in its approval.
if I elect Credit Life Insurance. the name(s) of the
proposed insured(s) are:
Proposed insured
Proposed Insured
(Only spouse can be insured jointly.)
This insurance may not pay off all of my debt, and the
exact amount of coverage is shown on my policy or
certifisate. My signature indicates my election to obtain
Credit Life Insurance coverage for the term an~
premium ~hown:
Type of Coverage Term Premium
__ Single $
__ Joint _ $.
Date
(.~l~naium)
7. Amount Financed (5 minus ~} ............... $ 56,627,50
*1 understand and agree that & port[on of certain of these amounts
may be r~te, ined by you or your affiliate.
Oate
(signature)
joint coverage is clesirecL Doth proposed ln;ureds musl ~lgn.)
ORIG/./qAL COPY
;ARIABI~E RATE:
· Uonthly Payment Changes. My monthly payment amount will change each time my interest rate is adjusted. The monthly
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payments
over the remaining term of this Contract.
,. Notice of Interest Rate and Monthly Payment Changes. You will send me nodce of an adius~'nent in the interest rate and
monthly payment at least 25 days before the adjustment. This notice will contain Information about the index rate, interest
rate, payment amount and remaining unpaid balance,
· Conversion to Fixed Rate, I may choose to convert this Contract to a fixed rate Contract at any time beginning
ZERO years from tho date of this Contract and ending 3 0 years from the date of this Contract. In
order to convert to a fixed rate, I must hot be in default under the terms of this Contract, I must notify you in writing of my
desire to convert to a fixed rate, [ must execute a revision agreement and I must pay a nonrafundable conversion fee. The
new fixed interest rate will be your standard fLxed interest rate for a comparable Contract on the date that you reCeiVe my
written notification. The new fixed rate will take effect on the "Conversio~ Date," which shall be my next payment due date
that is at least 3 o days a~ter your timely receipt of a revision .'graement signed by all Borrowers together with a
nonrefundable conversion fee of $ 200.00 . The new fixed rate ~d3.d' the Conversion Date are subject to
change if my revision agreement and fees are received after the date specified in the revision agreement. My new payment
amount will be effective with the first payment following the Conversion Date.
;ECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
.Il goods that are or may hereafter by operation of Jaw become accessions to it, (2) all appliances, machinery, equipment and
thor goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
sted as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of Unearned insurance premiums
nanced in this Contr[ct, (4) any substitutions or replacements of the foregoing, and (5) ail proceeds of such Manufactured
[ome and accessions, and of any Addi~Jonal Accessories and Furnishings, This security interest secures payment and
erformance of my obligations under this Contract, including any additional debt ar[sing because of my failure to perform my
bligafions under this Contract and JncJrJdes any contractual extensions, renewals or modifications. My execution of this Contract
onst[tutes ~ waiver cf my personal property and homestead exemption rights to the personal property herein described, i will
ign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your
ecurib/interest in any persona~ property and fixtures. J agree that you may file this ~eour[ty instrument or a reproduction thereof
~ the real estate records or other appropriate index as a financing statement for any of the items specified above. Any
;production of this security instrument er any other security agreement ~r financing statement, and any extensions, renewals, or
mendments thereof, shall be sufficient to perfect a security interest with respect to such items.
'REPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR tN FART AT ANY TIME WITHOUT PENALTY, BUT I WILL
lOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PRElaAYMENT,
HERE WILL BE NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTs, UNLESS YOU AGREE
~1 WRITING TO THOSE CHANGES.
'ROPERTY INSURANCE:
· Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, hazards included within the term ~extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the
Manufactured Home or the remaining unpaid baJance I owe from ~ime to time on this Contract (the "Minimum Coverage").
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a
10-day notice of cencella~on to you. Unless you consent in writing. I shall not add any additional loss payee to the insurance
policy. I have the right to choose the person through whom the properly insurance policy is obtained. If my insurance
coverage expires or ~s cancelled pdor to payment in full of this Contract, I must obtain no Jess than the Minimum Coverage at
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are not
obligated to, obtan insurance coverage. I agree that any insurance you purchase may be for the protection of only your
interest Jn the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period as
you determine. (f you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus
interest at the Contract rate, will be added to my debt. I will repay such amount during the term of the policy in ~e manner
requested by you. [ understand that the insurance premiums may be higher if you must purchase the insurance than might be
the case if t had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receNe a profit for this service.
ORIGINAL COPY
Rssignment and Application of Insumnc= Pro~eeds. I hereby grant mhd assign to you the proceeds of any and
insurance cowrage on ~e Manufa~ured Home, including any optional coverage, suoh as ea~hquake insurance, which
~pe or amount is beyond the M~nimum Coverage. In the event of a loss to the Manufactured Home, I shall gna prompt nofic
to you and the insurance cartier, If I fail to promptly not~ or make proof of ~oss to the insurance c~rrier, you may do so on ·
behaff. All physical d~mage insurance proceeds, including proceeds from option~ coverage, sh~ll be applied to restoration
repair of the M~nufa~ured Home, unless yo~ and I Agree othe~ise in writing or unless such restoration or repair is n~
economica[l~ pra~JcaJ or feasible, or your securi~ interest would be lessened. If such restoration or repair is not practical
feasible, or you r securi~ interest would be lessened, you shall apply the insur~ce proceeds to the rema~Jng unpaid balanc
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you dire~ly. I hereb
appoint you as my ~imited ~fforney-in-fa~ to sign my name to any check, dr~ft, or other document necessa~ to obtain suc
~sur~ce payments.
LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this Contract. Onhj one late charge wi
be made on any delinquent installment regardless of the period for which that installment remains in default After this Contrac
matures, whether by acceleration or otherwise, J will not be charged a late charge.
EVENTS OF DEFAULT: I will be in default under this Oon~act if: (a) I fail to make any payment when due; (b) J fail to timel!
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which thc
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facili[~
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home In good repair and condition, as you ma)
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you ir
advance and receive your written consent; (f) [ sell or attempt to sell or to transfer any beneficial interest in the Manutacturec~
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part ot any real estate withoul
first obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally; (J) I fail to
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real proper~y on whfch it is
located, if this is my responsibility; and/or ~j) I fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT: If any of the above specified Events et Default have occurred, you may do whatever is necessary to
correct my default. You will, except as set forth below, first give ms 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 whioh secures this
Contract, The Notice will tell me what my default is and how J can cure it. Except as required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice ~wice 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: ] may cure a default at any time before title to t~e 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 defauJ£ and acceleration; (b) the attorney fees set forth below; (c) any late charges
that are due; and (d) reasonable costs which are actualiy incurred for detaching and transporting the Manufactured Home to the
site of sale. I must also perform any.other obligation ~ would have had to perform in the absence of default
REMEDIES UPON DEFAULT: If ] do not cure the default, you may do either or both of the following at the end of the no,ice
Fariod, a.s allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued inte!'est or (b) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. if you ~,re not required to send me the Notice of Defeu t and Right to Cure Defau t, you w h3ve
these rights immediately upon my default. Once yo~ get possession of the Manufactured Home you w I set t f the amount from
the sale, after expenses, is' less tha~ what I owe'you, I wiIi pay you the difference except as otherwise provided by law. Ail
remedies are cumulative and you may enforce t~er~ separately or together in any order you deem necessary to protect your
secu~ity,
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating to
this Contract or any agreements or instruments relating to or delivered in connection with thio Contract, including any claim
based on or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration~ reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asserting
claims arising from a single transaction, shall be determined by arbitration as described be~ow. Any ether controversy shall be
determined by judicial reference of the controversy to a referee appointed by the court or, if the cou~t where the controversy
is venued lacks the power to appoint a referee, by trial by a judge without a jury, as described beloW. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO ,JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBI?RATION, BY JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
ORIGINAL COPY
t~w provision in ~is Con~a~. ~e Commercial Rules of the American ArbitrAtion Association ("A~") Also ~h~ll apply. ~e
arbiVator(s) sh~l follow ~e law and shall give effe~ to statutes of ~[mitation in determining any claim. Any controversy
co,coming whaler an issue is ~rbi~able shall be determined by the ~rbitrator(s). The ~w~rd of the arbitrator(s) shal~ be in
writing end inclufle ~ statement of reasons for the Award. The award shall be final. Judgment upon the ~ward m~y be entered
in ~ny couA h~vtng jurisdiction, and no ch~lenge to en~ of judgment upon the Award shall be ente~Ained except as
provided by ~e~i~n t0 of the United S~tes Arbitration A~ or upon a finding of manifest injustice.
Judicial Reference er Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph
that is not subrn~ed to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appointed
by the court who, sitting alone and without jury, shall decide Ali questions of law and fact. You and I shall designate to the
court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponsored
proceedings. The referee shall be an active attorney or retired judge. If the court where the contrsverey is venued lacks the
power to appoint a referee, t~e controversy instead shall be decided by trial by A judge without a jury.
. Self-Help, Foreclosure, and Provisional Remedies. The provisions cf this paragraph shall not limit any rights that you or I
may have to exercise self-help remedies such as set-off cr repossessi~ni', ,to foreclose;'b¥ power'of sale or jud[claJly against or
sell any collateraJ or security, or to obtain any provisional or ancillary remedies from, a court of competent jurisdiction before,
after or during the pendency of any arbitration under subparagraph (b) above. Neithei' the obtainhlg nor the exercise cf any
such remedy shaJi serve as a waiver of the right of either you or me to demand that the related or any other.dispute or
COntroversy be determined by arbitration as provided Above.
d-f'ORNEY FEES: If I preva[[ In any legal action or arbitration proceeding which is commenced in connection with the
,nforcement of this Contract or Any instrument or agreement required under this Contract, or in connection with any dispute
elating to this Cone"act, you will pay my reasonable attorney fees, cSu~ costs and necessary disbursements incurred in
,onnectien with such action or pr~;ceeding, as determined by the court, the referee, or the arbitrator(s} iD accordance with the
[w. If you prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, I will pay any
.'curt costs and necessary disbursements to the full extent permitted by law, together with reasonat21e fees imposed on you by
~n affomey who is not your salaried employee, provided that prior to commencement of legal action such fees may not exceed
;50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure
)efault.
)THER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do ag, the
~stimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
le×t twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (c)
o pay interest at the Contract rate on the remaining unpaid balance plus Accrued interest, from the date of maturity until paid in
ull; (d) to reimburse you, immediately upon your demand, with interest At the Contract rats, the amount of funds you actually
[dvance on my behalf to correct my default; and (e) that if I am married, and residing in a community property ~tate. both my
:ommunity property and separate property will be liable for ail payments due u~der this Contract.
%SSIGNMENT: You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to
[ny assignee of this Contract.
· ;REDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting
ny account and shoe information about me and my account with credit reporting agencies. You may sell or otherwise furnish
nformation about me, including insurance information, to all others who may lawfully receive such information. You may furnish
specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance
~gent to enable such agent to quote premiums to me and solicit my insurance business.
N'AIVER: Waiver of &ny default shall not constitute a waiver of any ether ciefault. No term of t~ls Contract shall be cha~ged
JnJess in writing and signed by one of your officers. This Contract is the entire agreement betweetl us and I agree that no grot or
mpJied represents§one have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shall bo interpreted in such manner as to be effective and valid
Jnder appJicable Jaw, but if any provision of this Contract shall be prohibited by or invalid under applicable law, sucl~ provision
shall be ineffective only to the extent of such prohibition or invalidity, withcut invalidating the remainder of such provision or the
ORIGZNAL CQPY
~PR-~-20~1 12:13 GREENPOINT CREDIT 61 412 875 5827 P.14×15
rer~alning provisions of this Contract. This Contract shal] be of r:o effect until and un,ess signecl by me and you. in no event sh~
any charge under this Contract exceed the highest amount allowed by applicable law. if any excess charge is received, suc
excess shall be refunded or appiiecl to the amount due.
GOVERNING LAW: Each provision oi this Contract shall be construed in accordance with and governed by the laws of the st~t
of Psn~syivania, 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 and remedies under Federal law.
YOU AND ~ HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, iNCLUDING THE PARAGRAPH CALLING FOI~
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, ANI:;
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEEN MADE.
ACCEPTED: The foregoing Cont~aol is hereby assigned under the terms
COUNTRY SIDE VILLAGE HOMES,
SELLER:
SELLER'S
ADD~[$S: 31 WA.T.b~u'T ~OTTOH ROAD
SH~PA 172570000
$[~NATUF~E:
SELLER'S
TITLE:
If you do not meet your Contract obligations, you
may lose your manufactured home. ·
Notice to Buyer: Do not sign this Colltract in blat31(,
You are entitled to an exaot copy of the Contract
you sign. Keep it to protect your legal rights,
e UYF. R ($~$1G NATURE (~):
B~TH A. WALT~P.
DATE OF THIS CONTRACT: 7/~/~
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND
ACKNO. WLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
· .;
($ign~td~ el B~ygr)
(Signature o~ Co-Buyer)
APR-~5-2001 12:14 OREENPOINT CREDIT 61 4i2 873 5827 M. 15×15
o ASSIGNMENT BY SELLER
D CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail installment contract ("Contract") signed by one or more buyers ("Buyer"), SELLER represents
~d warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
as legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide
~le of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specified
id no part thereof was loaned directly or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as any
art of the down payment is accurately described on page 2 and ha.s been valued at [ts bona fide value, and any amount owed
1 such trade-in or other property is accurateJy descrbed on page 2 and has been paid off by Seller prior to or
~ntemporaneously with the ~ssignment of this Contract to Creditor; (6) there is now owing on thls Contract the amount set forth
stein; (7') this Contract and any guaranty submitted in connection herewith is in ail respects legally enforceable against each
.Irported s[gnatow thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (g) in the event
' any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or
:her property or ccns[,~eration transferred pursuant to this retail installment contract, Seller agrees that it will Jndemnh'y and'hold
reditor harrnJess from all such claims and defenses as Weft as from all c~sts reasonably incurred by Creditor in connection
mrew[th, including but not limited to reasonable attorney fees and court "costs; and (10) in ac~0rdance With the Fair Credit
eporting Act, Seller has notified Buyer that this Contract is to be submitted to Creditor. ' '
For value received, Seller hereby assigns to Creditor ail its rights, title and interest in tl~is contract and the property
hich is the subject m~t'ter hereof and auth(=rizes Creditor to do everything necessary to collect and discharge same. All the
,rms of any existing written agreements between Sailer and Creditor governing the purchase of Contracts are ma~e a part
~reof by reference, ~ being understood that Creditor reties upon the above wezrant[es and upon said ~greements in purchasing
~is Contract,
ORIGINAL COPY
TOTAL P. 15
APR-~3-~081 12:8.4 GREENPOINT CREDIT 61 412 873 5827 P.06×15
~¢. ~_~c~ .,,,,~. ], ~/~'V ,' ' " .'
~.~.. .. , .......... I~ -~ .
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. .:..........~.~...: :.,.:.~:: ................ , .... _~ ._, . ..,~:
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, . · ~,,. ., ~, , '-,'. ,~ . ~ ..... ~. ~. · ,*~: .~i. * j ~ ~J
....~..~,~. ....., .... ,..,.. ~...~ ..... ..: .,,...,~,
- !~
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· :,~-,,~%..<.'.". , ,, . ,- ,, ·
.~..¢~ ' ~ , . . .',.' ,,'.; :: . .;'
¥ .?.. ,'..',..' , ' ' ,.v'~ . ,'-. , ' ....
· ,~.. ).t,"; ";'~",;' ' " ....
· ' ~,,
,',,, ":"' "'' ""' '" '"'"'" .'.:. '.:;~;;1~,,'::
~.., ~,..:?,.,~...~..,...,,,.~...:
~..",...~'( ~: .-' · .:~..'
. , , .;,~:,.~, ~, , ,~,.=; - ~-w --,-,,...~,? ,-~ - - .., ·,, . , , . ..e, ..... , ,,.,,i"~'~J~'
'.,'~".~",::¢~..4~'Zt1~,: ~..',,' ./-";t.~';:'7 · , -.'; .~ .....
.I,. ... ':..i:A.':'.:?:.:".,.,;.. . ... · '"'" "'" ~ - 'i~""
EXHIBIT "B" ,.".' .~.l~?,'.~~~t"-
-_~-_ ._'~_- ~ ..,~'~.~',~ ,,
GREENPOINT CREDIT 61
41Z 873 5827 P.04/15
400 $oa~pointe ~oulev~d
Fax <800) 9.~9J:395
Webruar¥ 27, 200'{
GreenPoint Credit
~: Henufaotu~d ~ome Loon - Account {~000006130~66900001
You are now in default on your Manufactured Home. Loan ContraCt. ~I~ you correc~ ~ha defau'lt,.you m~y
cunt{nee vith the ~on:ract es though y~u did not defautt. Your default conef~s of failure to make tfmeiy
Thirty-one (31) days after the date of thfs netfce, we may have the right :o co~men~e legal action end
Cure of default: Your may cure your default by r~ak~n9 payment fn the amount ~f~ated be[ow:
Past Due Monthly Payment(s) $ 1,108.66
Late ¢~arge(s) $ .O0
Total Due ~ou $ 1,108.66
If
between the hours of 8:00 a.m. mhd 5:00 p.m., Men,ay through Priday.
{nfom~tion obtained W~F:'[ ~e,~used for that purpose.
EXHIBIT "C"
SHERIFF'S RETURN
CASE NO: 2001-02375 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
- NOT FOUND
GREENPOINT CREDIT LLC ET AL
VS
SHAFFER BETH A ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named defendant, DEFEND~LNT
SHAFFER BETH A A/K/A WALTER BETH A
unable to locate Her in his bailiwick. He therefore
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
but WaS
returns the
COMPLAINT - REPLEVIN
the within named DEFENDANT ,
WALTER BETH A ,
DEFENDANT NO LONGER RESIDES AT ADDRESS STATED,
AS PER ERIN DYER ON 5/16/01.
, NOT FOUND ,
SPiAFFER BETH A A/K/A
RET
as to
Sheriff's Costs:
Docketing 18.00
Service 13.02
NOT FOUND RETURN 5.00
Surcharge 10.00
.00
46.02
Sheriff of Cumberland County
ERIN P. DYER
05/17/2001
Sworn and subscribed to before me
this ~3~ day of ~,y
~/ A.D.
ProthOnotary ~
IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/Ida
GreenPoint Credit Corp.,
Plaintiff,
CIVIL DIVISION
No. Or-- ,~.~'7..,c'
Complaint in Civil Action - Replevin
Beth A. Shaffer a/ida Beth A. Walter,
Defendant.
Filed on behalf of:
GmenPoint Credit, LLC f/Ida
GreenPoint Credit Corp.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/k/a
GreenPoint Credit Corp.,
Plaintiff,
Beth A. Shaffer a/k/a Beth A. Walter,
Defendant.
CIVIL DIVISION
No. OI --
Complaint in Replevin
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 BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Curt Long, Prothonotary
Prothonotary of Cumberland County
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013 - 3387
IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/k/a
GreenPoint Credit Corp.,
Plaintiff,
Beth A. Shaffer a/ida Beth A. Waiter,
Defendant.
CIVIL DIVISION
No.
Complaint in Replevin
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit, LLC f/Ida GreenPoint Credit Corp., by and
through its attorney Erin P. Dyer, Esquire and avers the following in support of its
Complaint in Replevin:
1. GreenPoint Credit, LLC f/ida GreenPoint Credit Corp., hereinafter referred
to as "Plaintiff" or "GreenPoint," is a corporation duly authorized to conduct business in the
Commonwealth of Pennsylvania and has its principal place of business located at 400
Southpointe Boulevard, Southpointe Plaza I, Suite 230, Canonsburg, PA 15317.
2. Beth A. Shaffer a/k/a Beth A. Walter, hereinafter referred to as "Defendant,"
is an individual whose last known address is 124 Rustic Drive, Shippensburg, PA 17257.
3. On or about July 6, 1999, Defendant purchased a 1999 Champion Dutch
Duchess Manufactured Home, Serial Number 22470E, (the "Mobile Home"), from Country
Side Village Homes, (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A."
4. Seller assigned its interest in the SecurityAgreement to Plaintiff, GreenPoint.
GreenPoint perfected its security interest in said Mobile Home by having an encumbrance
placed on the title thereto. A true and correct copy of the Certificate of Title is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$57,500.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms of the Security Ag reement by failing to
make payments when due. As of April 2, 2001, the Defendant's payments of interest and
principal were in arrears in the amount of $1,672.99. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of April 2, 2001, is $60,328.70.
7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess
the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile
Home is attached hereto as Exhibit "C."
demand.
Defendant failed to cure the default or return the Mobile Home upon Plaintiff's
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
10.
The Security Agreement provides that in the event of default:
a. Defendant will pay the reasonable attorney's fees of seller or of
seller's assignee, provided that prior to commencement of legal action such
fee shall not exceed $50.00;
b. Court costs and disbursements; and
c. Costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
11. In order to bring this action GreenPoint Credit, LLC f/k/a GreenPoint Credit
Corp. was required to retain an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp.,
requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNTII-DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC f/k/a
GreenPoint Credit Corp., alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit, LLC f/k/a GreenPoint Credit Corp.,
requests:
a) judgment against Defendant in the amount of $60,328.70 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages Set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC f/k/a
GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\G reenPoint~Shaffi~r-Walter, Beth\CM.wpd
VERIFICATION
Don Turosik, Collection Manager and duly authorized representative of GreenPoint
Credit, LLC, deposes and says subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are
true and correct to the best of his knowledge, information and belief.
Don Turosik
Collection Manager
GreenPoint Credit, LLC
APR-(~3-2901 12:~8 GREENPOINT CREDIT 61 412 87J 5829
MH VARIABLE RA~ CONTRACT
RETAIL INSTALLMENT CON] SECURI AGREEMENT, L
~E~= O ~N. A01 063099
WAIVER OF TRIAL BY JURY AND AGREEMENT · 7
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE oAN sou.c NO. 750230
(COntract) COT, "O*:
BUYER(S): ~A~ BETH A, WALTER ;~
~ FUNDING
NAM~
BUYER'S ~ NA~ COUNt: C~ERLAND
,ODR~S:34 0 ~ SPRING ~ C~:CH~ERSB~G STATE:PA ZiP: 17201
PHONE: (717) 375-4~34 S. SEC.~(S): 182-58-1260
PROPOSED LOCA~ON OF MANUFACTURED HOUE: 121 RUSTIC DRIVE, SHIPPENSBURG, PA 1725~
'[," "me,' "myself" o~ 'my" mean ali pe~om$ who sign ~Js Con,act as buyer or co-buyer, jointJy and severaJJy, and "you" or
'your" mean the $e]Jer a~d any assignee, This Oontra~ w~ be subm~ed to the Creditor indicated below, at a Ioca~ off~ce
approved, it Will be assigned to that Creditor. O~ the date of thio Gontra~ I ~uy fro~ you on a credit sa~e bas~s ~he manufactured
ho~e described on page 2, togethe~ With furnishings, equipment, aDpl~ances and accessories i~c~uded ;n the manufactured
home at the time of purchase (called "M~nufactured Home"). , :: .; ~
CREDITOR:G/E~POiNT CREDI3 CORP.
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid BaIance shown on pa~e 2 of this
3ent~act (item 5) w~th interest at the initia rate of 9 , 00 % per year. The interest rate I will pay will change in accordance
N[th the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomputed
:lue to changes in me interest rate, until the Unpaid Balance is fully paid. If,' on 07/01/29 , I stB ewe any amount under
:his Contract, I will pay such amount in fuji on that date, which is called the "Maturi~ *Date." Each monthly payment will be
~pplied aa of its scheduled due date, If no interest rate is disclosed above, the initial interest rate'is the Annual Percentage Rate
~hown below. ·
NTEREST RATE: My initial interest rata may not be based on the ndex used to make later adjustments. My interest rate may
:hangs 11 months after my first payment is due *and ever7 12 months thereafter based on movements in the monthly
lvemge yield on United States Treasury securities adjusted to a constant matur[t~ of one year, as made available by the Federal
:{eserve Board, which is the index rate. My interest rate cannot increase er decrease by mere than 2,00 % at any interest
'ate change or by more than 5.00% over the term of the Contract. The interest rate will equal the index rate in effect
45 days before the interest rate change date plus a margin of 4.75 % (rounded to the NEARE$? 1/8
)t one percentage point) unless the interest rate caps I[mlt the amount of change in the interest rate. If this index rate is ne
cheer available, you may choose a new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
e yea.dy m~e (which ~
lO.O1%
FINANCE CHARGE
credit will cost me (which
is subjscl to change):
$ 123,204.26
Amount Financed
The amount of crsdk
provided ~3 me
my behaif:
aboufne~payment, defaulL required repaymen:
[n full ~efom ~e s~eduled dam, and
~mpa~ent~fund~ and panelled. ~i~ '
Pmpaymmn~ Jf J payo~ early, I will not
have ~ pay a pen~, bu:l wilt not be
$e~ud~: J gna ~u a ~d~ [nmmst i~ ~e goods or pmpe~ being pumhaaed.
Late C~a~e: ~f a pa~ntfs more ~an
S 5.00
Total of payments
which is subject to change):
Total Sale Price
(which IS Subject ~
change) including my
$ 6,300.00 :
$ 56,627.50 ,$ 179,831.76 $ 186,13!,76
. --: ..: ..... : _ ':
Mon:hJy, beginning ,19 __
Mon~ly, ~eginh~ng ,
he above disclosures are based on terms i~
Payments, AnnuaJ Percentage Rate, FFn.
EXHIBIT "A"
If the interest rate changes, actual' Amount
note or less than disclosed above.
AP~-O~-~881 1~:09 G~EEHPOIHT C~EDIT 61 ~12 87~ $827 P.18×15
De$criFflon of TRADENAME: DUTC]-: HOUSING, I.NC. MODEM
Manufactured
Home:
yF.~R: 1999, NEW: X USED; __
SERIAL
NUMBERS: ~,~ ~
ADDITIONAL AIR CONDITNG
ACCESSORIES D~CK/SH. ED
AND FURNISHINGS: GUTTERS
5 8 fL WIDTH: 2 8 ft.
SKIRTING
ANCHORS
CHIMNEY
063099
1. Cash pric.~ (IncJuding Sales
Tax of $ ,00 ): .................. $
~, a. Cash Down Payment .... $ 6,300.00
b. Trade-In (Year. Make, Model):
Length Width
Gross Value $ ,00 Liens
Net T~:ade.[n Value ......... $
Total Down Payment .............................
3. Unpaid Balance ot Cash Price (1 minus 2)
4. Amounts paid to others on my behaJf:*
s. To lnsurance Companies:
(1) Property Insurance ....
(2) Credit Li[e Insurance ....
b, To Public Offic~s:
(1) Certificate of Title ......
(2) FILING F'~S $
o. To Creditor:
,00
,00
5,300.00
56,600.00
22.50
5,00
For: ORIG F~ES $ 2,266%!8
To:
For:
$ .00
$ .00
GR~N2QZ~T CREDIT ,,
FLOOD FEE ',
$" 27,00
a. To:
For:
f. To:
g, To:
For:
h. To:
For:
$
Total (s + b + c + d + e + [+ g + h) ....... $
2c320,68
PROPER'FY INSURANCE: Property Insurance on the
Manufactured Home Is required for the term of this
Contract. [ have the right to choose the person through
whom it is obtained. By m~rkthg the appropriate line
below, I elect to buy the soverage indicated from you
for the term and premium shown, and I want it financed
on this Contract,
Type of Insurance Term Premium
__ PhyslcalOam&geCovere. ge 0[vjOS $ .00
BROAD FO~
LIABILITY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY' INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life insurance is
not required for this Contract or a factor in its approval
If [ elect Credit L~fe 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 ail of my debt. and the
exact amount of coverage is shown on my policy or
certificate, My signature indicates my election to obtain
Credit L~fe Insurance coverage for the term
prer~ium shown:
Type of Coverage Term Premium
__ Single
__ Joint $
5. Unpaid Balance (3 plus 4) .......................
8, Prepaid Finance Charge ........................
55,920,65
2,293.18
7. Amount Financed (5 minus 6) ................. $ 56,627,50
°l understand and agree that a portion of certain of these amounts
may be rets.[ned by you or your ~filiate.
Date
(signature)
joint coverag~ i:s cleaired, bo~ propose(/Insurer's mus[ sign,)
COPY
APR-O3-Z801 12:10 GREEIqPOINT CREDIT 61 412 873 $02? R. 11×15
· Monthly Payment Changes. My monthh/payment amount will change each time my interest re. to is adjusted. The manthly
payment amount will fully amortize the remaining unpaid balance at the adjusted interest rate in equal monthly payments
over the remaining term of this Contract.
,. Notice of Interest Rate and Monthly Payment Changes. You will send ma not~ee cf &n adjustznent in the interest rate and
monthly payment at least 25 days before the. adjustment, This notice will contain Information about the index rate, interest
rate, payment amount and remaining unpeJd balance.
. Conversion to Fixed Rate, I may choose to ccnver'~ this Contract to a fixed rate Contract at any time beginning
years fram the date of this Cantract end ending 3 0 years from the date of this Contract. in
order to convert to a fixed rate, [ must not be in default under the terms of this Contract, I must notify yau in writing cf my
desire to convert to a fixed rate, [ must execute a rev[sion agreement and I must pay a nonrefundable conversion fee. The
new fixed interest rate will be your standard fixed interest rate for a com. parable Contract on the date that you receive my
written notification. The new fixed rate will take effect an the "Conversion Date," which shall be my next payment due date
',hat is at least 30 days attar yaur timely receipt of a revisian ~'g~'eement si{ned by ell Burrowers together with a
nonrefundable conversion fee of $ 2 O0.00 . The new fixed r~ts i~:td' the Conversian Date are subject to
change if my revisian agreement and fees are received after the date specified in the revision agreement. My new payment
amount will be effective with the first payment fallawing the Conversion Date.
;ECURITY INTEREST: I grant you A securl~ interest under the Uniform Commercial Cede in (1) the Manufactured Home and in
.11 goads that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment and
thor goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the items
sted as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
nanced in this Contract, (4) any substitutians or replacements cf the foregaing, and (5) ail proceeds of such Manufactured
[ome and accessions, and of any Additional AcceFsories and Furnishings. This security interest secures payment and
efformance cf my obligations under this Contract, including any additJan~[ debt arising because of my failure to perform my
bligations under this Contract a~nd includes any contractual extensions, renewals or modifications. My execution of this Contract
cnstitutes a waiver cf my personal property and homestead exemption rights to the personal proper'~ herein described, t wii[
ign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your
ecurity interest in Any personal prcpert/and fixtures. I agree that you may file this security instrument or a reproduction thereaf
~ the real estate re~rds or ether ,,ppropriate index as ~ financing statement for any of the items specified above. Any
~.preduction cf this security instrument or any other secudty agreement or financing statement, and any extensions, renewals, ar
mendments thereof, shall be sufficient to perfect a security interest with respect to such items.
'REPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR fN PART AT ANY TIME WITHOUT PENALTY, BUT [ WILL
lOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREi~AYMENT,
HERE WILL. ~E NO CHANGE IN THE DUE DATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGREE
~1 WRITING TO THOSE CHANGEs.
'ROPERTY INSURANCE:
· Minimum Coverage. [ am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage").
The insurance policy will contain a IDes payable clause pratecting you (as your interest may appear), and provide for a
10-day notice of c~nceila~dcn to you. Unless you consent in writing. I shall not add any additional loss payee to the insurance
policy. I have the fight to choose the person through whom the property insurance policy is obtained. If my insurance
coverage expires or is cancelled prior to payment in fuji of this Contract, I must obtain nc less than the Minimum Coverage at
my expense for the remaining term of this Contract. Shauld t fail to maintain the Minimum Coverage, you may, but are net
obligated to, obtain insurance c~verage. I agree that any insurance you purchase may be for the protection of only your
interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period as
you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus
interest at the Contract rate, will be added to my debt. [ will repay such amount during the term of the polio3/in the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than might be
the case Jf I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive a profit for this service.
ORIGINAL COPY
RPR-03-208i 12:11 GREENPOINT CREDIT 61 412 875 5827 P. 12×15
Assignment and Application of Inaurano- Proceeds. I hereby grant and a~sign to you the proceeds of any and all
insurance coverage on ~e Manufagumd Home, including any optional coverage, such ~s eaAhqueke insurance, which in
~pe or amount is beyond the Minimum Coverage. in the event of a Ices to the Manufactured Home, ) shall g~e prompt notice
to you and the insurance carrier. ]f I f~l to pmmp~y not~ or make proof of loss to the insurance c~rrier, you may do so on my
behaE. All physical damage i~sumnce proceeds, including proceeds from option~ coverage, sh~lJ be applied to restoration or
repair of the M~nufa~u~ed Home, ~n[ess you and ~ agree othe~ise in writing or ~nless s~ch restoration or repair is not
economicaily pra~ics[ or feasible, or your securi~ interest would be lessened. If such restoration or repair is not pr~cbcal or
feasible, or your securi~ interest would be lessened, you shall apply the insur~ce proceeds to the remaining unpaid balance
of this Contract, whether or not then due, end give me any excess. I a~thodze shy insurer to pay you dire¢ly. I hereby
appoint you as my ~imited ~orney-in-fa~ to sign my name to any check, draft, or other document necessaW to obtain such
i~sur~ce payments.
LATE CHARGE: 1 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 ',his Contract
matures, whether by acceleration or otherwise, I will not be charged a late charge.
EVENTS OF DEFAULT: I wilt be in default under this Con,'act if: (el I foil to make any payment when due; lb) 1 fait to timely
make rental payments, or to pay other charges and assessments, foisting to the real properly and/or facility on which the
Manufactured Hume is IDeated; lo) [ violate restrictive covenants, rules or reguJatior)s relating to the real properbj and/or facility
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you may
reasonably determine; (el I remove the Manufactured Home from the address shown on this Contract unless I notify you in
advance and receive your written consent; (fl I sell or attempt to sell or to transfer any beneficial interest in the Manufactured
Home without first obtaining your written consent; (gl i allow the Manufactured Home to become part ct any real estate without
first obtaining your written consent; (h) [ encumber or abandon the Manufactured Home or use it for hire or illegally; (il I fail to
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is
located, if this is my responsibility; and/or 0) I fail to do Anything else which I have promised to do under this Contract,
NoTiCE OF DEFAULT: If any of the above speckled Events of Default have occurred, you may do whatever is necessary to
correct my default. You will except as set forth below, first give me a Notice of Default and Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess er foreclose on any properb' which secures this
Contract. The Notice will tell me what my default is and how Icon cure it. Except ~s required by applicable law, you are not
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) J have
abandoned er voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF'DEFAULT: I may cure a default at any time before title to the Manufactured Home is transferred from me, which will
be st least 45 days after receipt of the Notice of Default and Right to Cure Default. To cure a default, I must pay: (al al! amounts
which would have been due ir~ the absence of default and acceleration; lb) the attorney fees set forth below; lc) any late charges
that are due; and (d) reasonable costs which are agtuaIly incurred for detaching and transporting the Manufactured Home to the
site of sale. I must also perform any,other obligation I would have had to perform in the absence of default.
REMEDIES UPON DEFAULT: If ] do not cure the default, you may de either or both of the following at the end of the no[ioe
period, a.s allowed by applicable Jaw: (al you can require me to immediately pay you the entire remaining unpaid balance due
under this Contract plus accrued in(e?est or lb) you can repossess the Manufactured Home pursuant to the security interest I
give you under this Contract. If you are not required to send me the Notice of Defau t and R ght to Cure Default, you w h~ve
these rights tmmed~ately upon my ~'efault. Once y~F. get possession cf the Manufactured Home you w I sell it f the amount from
the sale, after expenses, is' less the. r{ what I owe"you, I will pay you the difference except as cther~vise provided by Jaw.
remedies are cumulative and you may enforce (~em separately or together in any order you deem necessary to protect your
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating to
this Contract er any agreements or instruments relating to or delivered in connection with this Contract, including any claim
based on or adsing from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, or
trial by a judge as provided below. A controversy involving only a single claimant, or Claimants who ere related or asserting
ciaims arising from a singfe transaction, shelf be determined by arbitration as described below, Any other con~eversy shall be
determined by judicial referenceJof the controversy to a referee appointed by the court or, if the court where the controversy
is venued lacks the power to appoint a referee, by trial by a judge without a jury, es described below. YOU AND I AGREE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY
TRIAL ~Y A ,JUDGE.
ORIG!/~AL COPY
RPR-03-2001 12:12 GREENP0[NT CREDIT 51
law provision in ~is Contrar.t. The Commercial Rules of the American Arbitration Association ("AAA') alee ~h~ll apply, The
arbitratcr(s) sh~Jl follow the law and shall give effect to statutes of limitation in determining any claim. Any controversy
concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the a~bitrator(s) shall be in
writing ~ad include a statement of reasons far the &ward. The award shall be final. ,Judgment upe~ the award m~y be entered
in any cou~t having jurbdiction, and no challenge to entry of judgment upon the award shall be entertained except as
provided by Se~tich lg of the Ubited States Arbitration Act or upon a finding of manifest injustice.
Judicial Reference or Trial by · Judge. If requested by either you or me, any controversy or claim under subparagraph (a)
that is not submitted to arbitration ~s provided in subparagraph (b) shall be de[ermined by reference to a referee appointed
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and I shall designate to the
court a referee selected under the auspices cf the AAA in the same manner as arbitrators are selected in AAA-sponsored
proceedings. The referee shall be an active attorney or retired iudge. If the court where the controversy is venaed lacks the
power to appoint a referee, the Controversy instead shall be decided by trial by a iudge without -~ jury.
, Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or I
may have to exercise self-help remedies such as set. off or repossessi~an;; .to fore~Iose:-by power'of sale or judicially against or
sell any coi[ateraJ or seouri~,', or to obtain any provisional or ancillary remedies from, a Cou~ of cor~petent jurisdiction before,
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise cf any
such remedy shall serve as a waiver of the right of either you or me to demand that the relatecl cr any other.dispute or
controversy be determined by arbitration es provided above.
~3~'ORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with the
,nforcement of this Contract or -~ny instrument or agreement required under this Contract, dr in con,action with any dispute
eladng ~o this Contract, you will pay my reasonable attorney fees, cou~ costs ~nd necessary disbursements incurred in
:onnection with such action cr proceeding, as determined by the court, the referee, or the arbitrAtor(s} in accordance with the
[w. If ycu prevail in any such action or proceeding, or in the exercise of shy self-help remedy as described above, J will pay any
..curt costs and necessary disbursements to the full extent permitted by Jaw. together with reasonable fees imposed on you by
tn attorney who is not your salaried employee, provided that prior to commencemen[ cf [egaI action s~ch fees may not exceed
;,50.00 and further provided th~.t no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure
)efault.
)THER TERMS AND CONDITIONS: I agree: (a~ to pay with my monthly installmentS, if requested by you to do so, the
~stimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the
~e×t twelve-month pedod; (b) to pay you a transfer fee [f J sell the Manufactured Home, unless such fee is prohibited by law;
pay interest at the Contract rate on the remaining unpaM b~lance plus accrued interest, from the date of mature/until paid in
ull; (dI to reimburse you, immediately upon yo~r demand, with interest at the Contract ~ate, the amount of funds you actually
~dvance on my behalf to correct my default; and (e) that [f I am married, and residing in a commun[ty property state, both my
:ommunity property and separa, te property will be liable for all payments due under this Contract.
tS$IGNMENT: You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to
[ny assignee of this Contract.
3~REDIT iNFORMA'ISON: You may investigate my credit history and credit capacity In connection with opening and collecting
account and share information about me and my account with credit reporting a~encies. 'You may sell or otherWise furnish
nforma~on about me, inciuding insurance information, to all others who m~y lawfully receive such information. You may furnish
~pecific information a~out the Manufactured Home and any insurance policies on the ManufActured Home to any insurance
~gent to enable such agent tO quote premiums to me and solicit my insurance business.
~VAIVER: Waiver of any default sh~ll not constitute a waiver of any other default. No term of this Contract shall be changed
JnJess in writing and signed by one of your officers. This Contract is the entire agreement between us and I agree that no oral or
mpIied representaf~ons have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shat[ be interpreted in such manner as to be effective and valid
Jnder applicable ~aw, but if any provdsion of this Contract shall be prohibited by or invalid under applicable law, such provision
shall be Ineffective only to the extent cf such prohibition or invalidity, without inwlIdating the remainder of such provision or the
ORIGINAL COPY
GPR-~-2[~i 1~: 1~ GRE~NPOINT CREDIT ~1 ~1~ ~?~ ~ P. 1~/1~
rem~Jnin~ provisions ~f this Contract, ~i~ C~ntract sh~ll be of no effect until ~nd unJess sJ~ne~ by me ~ y~u. b no even~ sha~
any charge under th~s Contra~ exceed the highest amount allowed by applicable I~w. [f any excess cherge is received, such
excess sh~ll be refunded or applied to the ~mount due.
GOVERNING LAW: Each provision of this Contrac~ shall be construed in accordance with end governed by the laws of We stere
of Pennsylvania, provided that to the extent you have gre,~ter rights or remedies under Federal ]aw, such cheice of state taw
shaft not be deemed to deprive you of such greeter rights ~nd remedies under Federal law.
I::'; .:~ .~,.~,~.Z ~ ,~ .,_L_::_. ~_ .. L,~.~;:3~,?;,..~.., ~ ......... =~:~, ........... =:.. ..................... ~ .......... .........................
- .':.'". . ,... .
"'~C C~ .~ - -' E =RucEE~,~RE~-. REC'~'F~V ~7~F..',D'F~ ~v THF D-- ['= S~A~ NOT EXcEE~
~-..:. .. ,...
YOU AND I HAVE R~D AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISP~ES BY ARBITRATION~ RE~RENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, AND
AGREE ~AT THIS CONTRA~ SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
BEENMADE.
ACCEPTED: The toregoing Con,'ac! is heroby assigned under [he term=
of~heAsslgnment=npsguT. I If yOU do not meet your Contract obligations, you
may lose your manufactured home.
Notice to Buyer: Do not sign this Contract in blanl(.
You are entitled to an exact copy of the Contract
you sign. Keep it to protect Your legal rights.
SELL5R:
SELLER'S
SELLER'S
$[GNATUR E:
SELLER'S
COUNTRY SIDE VILLAGE
31 WALAru'T BOTTOM ROAD
S~q~PA _172570000
BUYF. R($~$1GNATURE(~):
~r?[ A. wA~T'~ ·
OATE OF THIS CONTRACT:
AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL iNSTALLMENT CONTRACT AND
ACKNO. WLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
/$ig~a~r~ e~ B~ysr~
". (Signature of ¢o-~uyer)
ASSIGNMENT BY SELLER
D CREDITOR INDICATED ON PAGE I ("Creditor")
With respect to this retail installment contract ("Contract") signed by one ~;r more buyers ("Buyer"), SELLER represents
~d warrants that: I1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buyer
as legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona fide
~[e of the mercha~ndise described in this Contract; (4) the down payment was made by Buyer in cash un[ess otherwise specified
~d no part thereof was loaned directly or indirectly by Seller to Buyer; (5) any t~ade-in, or other consideration, received as any
~rt of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owed
~ such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or
mtemporaneously with the z.~signment cf this Contract to Creditor; (6) there is now owing on this Contract the amount set forth
~rein; (7) this Contract and any guaranty submRted in connection herewith is in ~[[ respects legally enforceable against each
jrpor~ed signatory thereof; (8) Seller h~ the right to ~ss[gn this Contract and thereby to convey good title to it; (S) in the event
' any claim or defense asserted by any Buyer, or any heirs or assigns cf Buyer, with respect to the Manufactured Home or
:her property or cons[deratbn transferred pursuant to this retail installment c~ntract, Seller agrees that it will indemnify and'hold
reditor harmless from ail such claims and defenses as Well as from ~ll costs re~somzb[y incurred by Creditor in connect[on
mrewith, including but net limited to re&sortable attorney fees and court.'costs; and (I0) in ac~ord-~nce With the Fair Credit
eporting Act, Seller has notified Buyer thst this Contract is te be submitted to Creditor. '.
For value received, Se,er hereby assigr~s to Creditor all its rights, tttle and interest in this Contract and the property
hJch is the subject matter hereof and authorizes Creditor to de everything necessary te collect and discharge same. All the
,res of any ex[sting written agreements between Seller and Creditor governing the purchase of Contracts are made a part
erecf by reference, ~t being understood that Creditor relies upon the above warrant[es end upon said agreements in purchasing
~[s Contract,
ORIGINAL ~O~Y
TOTAL P. 15
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~] . ,~ ~.~ ,.~.~ ~.,, ~ .,~ .... ~,,
~, .. ~,~ t,.... ~,~.,, .~...~,, ~,.~ ~.'~ ~. , ......... . . . · ..............
~, . .~..,. ..... ~.,,... ~
,~. , '~" ~ ' ,,~. ' --
.~ ~,,:
GREENPOINT CREDIT
Febr~ry ~7, 2001
GreenPoint Credit
RE; Henufectured H~ Loan · Account ~00006130~65900001
NOTICE OF INTENTION TO ACCEL~ZATE, C~ENCE LEGAL ACTII~ ~ REPOSSESS
You are nou tn default on y~ur Manufactured Home. Loan co~tract. 7]~ you ccrr~c[ the defau'lt,.you may
Thirty-on~ (31] ~ays after the date ef this notice, we ~ay have ~he r{¢h~ ~o co~en~e [esa[ action and
Pss~ Du~ Honthly Payment(s) $ 1,198.~6
Late Cher~e(s) $ .00
Total Due Hou $ 1,108.66
If
infor~mtimn obtained W~ be~aed for that ~urpcse.
EXHIBIT "C"
APP ~:S111033
coua{ Ntunbcr:
:rrower'sName: BET~ A, WALTER
Phone N~unber: (7/.7) 375-4434
xi]ing Add~:
[c~e~ of Home ~
124 RUSTIC DRIVE SHIPPDIqSDURG,
:scviptfofl Of Manufactured
PA 17257 '~ '
Lot Number:
1999' M~ke: DUTC}{ HOUSING, Model: 5043
ize: 28X68
Seh~/#: 22470EAB
)CATION: DLrecfioo m~t star: from a ]mown (be Specific) starting point so that the FieJd Inspector may proceed 6o the lodation of thc
nufactured home. For example, use route# ~u~d pertlne~t street and road names. U~e left, dgh~, or preferably compass direction~ (north,
~th, erst, west). Kefra~ fr~m the use of ~uch landmarks as dealerships, veh/cles, and service station, 0.s ~ey are subject to ~me ch~.ngcs
i physical ~elocatiou.
/
space below, plebe sketch a map showing direction to the home site from ~ interstate, major highway, or intcr~ectiom Identify
;es, roach, streets, ~cl landmarks. Indicate approximate distances in parenthesis.
N
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC f/ida
GreenPoint Credit Corp.,
Plaintiff,
Beth A. Shaffer a/ida Beth A, Waiter,
Defendant.
CIVIL DIVISION
No. 01-2375 Civil Term
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendant.
Respectfully submitted,
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975