HomeMy WebLinkAbout01-2683IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, CIVIL DIVISION
v. Complaint in Civil Action - Replevin
Eldon E. Miller,
Filed on behalf of:
GreenPoint Credit, LLC
Defendant.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-a975
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, ) CIVIL DIVISION
)
Plaintiff, ) No.
)
v. ) Complaint in Replevin
)
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 the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Curt Long, Prothonotary
Prothonotary of Cumberland County
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013 - 3387
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, ) CIVIL DIVISION
)
Plaintiff, ) No. ol--
)
v. ) Complaint in Replevin
)
Eldon E. Miller, )
)
Defendant. )
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GraenPoint Credit, LLC, by and through its attomey Edn P. Dyer,
Esquire and avers the following in support of ils Complaint in Replevin:
1. GreenPoint Credit, LLC, hereinafter referred to as "Plaintiff" or"GreenPoint,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has ils principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. Eldon E. Miller, hereinafter referred to as"Defendant," is an individual whose
last known address is 8 Robin Drive, Newville, PA 17241.
3. On or about Apd118, 2000, Defendant purchased a 1998 Champion Duchess
Manufactured Home, Serial Number 14014E, (the "Mobile Home"), from Financial
Resources Inc., (the "Seller"), and entered into a written Manufactured Home Retail
Installment Contract and Security Agreement, (the "Security Agreement") for the payment
of a portion of the purchase price thereof. A true and correct copy of the Secudty
Agreement is attached hereto as Exhibit "A."
4. Financial Resources Inc. 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
$36,500.00 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 19, 2001, the Defendant's payments of interest and
principal were in arrears in the amount of $1,198.27. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstending as of April 19, 2001, is $34,938.19.
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."
8. Defendant failed to cure the default or return the Mobile Home upon Plaintiff's
demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
10. The Security Agreement provides that in the event of default:
a. Defendant will pay the reasonable attomey'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
WHEREFORE, Plaintiff, GreenPoint Credit, LLC, requests:
a) judgment against Defendant in the amount of $34,938.19 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
Erin 'P'-~'~, Esq ui---~
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
VERIFICATION
Don Tumsik, Collection Manager and duly authorized representative of Green Point
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
PENNSYLVANIA · "
NOTE. DISCLOSURE AND SECURITY AGREEMENT. MH FIXED RATE DIRECTLOAN
AND AGREEMENT TO ARBITRATE
(Agreement) Foz o4z3oo-i
~RRO~. ~ NAME:
ADOR~: ov~ L!~COL~ HIGHWAY ~UN~:
"1,' "me,' "m~elff or "us' me~s all pomona who sign this Agreement ~ boffower er co-beffower, jointly ~d severally, and
"you" or "yeu~ ma~s the Lender indicated below, On the date of this Agreement, I borr~ from you the Unpaid B~anca shown
below. The m~uf~red home described below, toge~er with furnishings, equipment, appliances ~d accessories affxed to
the m~ufa~red home (~led "Man~a~md Home") secures this loan as set fo~ in ~e Secud~ Agreement contorted
herein.
LENDER: GAE~POINT CA~DiT. LLC
PROMISE TO PAY: I promise to pay you a~ such address as you may dire~ the p~n~p~ sum of:
T~I~TY FOUR T~OUS~D ~NTY ONE ~D 50/100 DOL~S
(US S 34,021.5~ ), (the "UnpNd Balance".} or so much as may ba out.haling, wiffi interest at the rate
Ocr ye= until the debt is paid in full. The Unp~d Balance shall include and I wilt pay ia~re~ en any prepaid ! 3.25 %
finance ~arges you
agreed to advance me. I will pay this amount in monthly installments as shown harei~ in ~e Payment Schedule until ~e Unpaid
Balance plus all accrued interest is fully paid, Additionally. J promise to pay any offier charges that I may owe under the
Agreement, If on 06/17/20 I sffil owe any amount under this Agreemen~ I will pay such amount in full on
which is ~lled ~e 'Maturi~ Da~,~hen you calculate in.rest, eve~ y~r ahall have 3~ days ~d eve~ mo~th shall have 30
days ~d e~h mon~ly pa~ent will be applied ~ of the scheduled due date.
l PERC
~e ~st~f my ~]t as a ~a~ tats: ~e ~ollat a~um ~e credit W~ll A~OURt ~nanced T~I of Payments
~st me: ~e amountof cmd~[~to~ed ~e ~nu~t I ~ll ha~ pald afar I
1~,01% $ 6~,599.30 S S21 50 S 97 120.80
$ · 00 Mofl~ly. beginning ~
.O0
Prepayment: ~ I pay o~ e~y, I w]l net have ~ ~ay a ~en~. ~
unp~ ~u~tof su~ ~ymnnt hot to e~
$eeuH~ ~t G~es: Se~ InM~t F~s $ 0.00
Sea ~a le~s of ~ls Agreement ~r add,cnN infe~fian about nonpayment, daf~lt, required m~a~ent In full before ~e a~eduled dam, and grepayment
If you de not meet your obligations u~der this
~d Home and offier household goods.
~ -- MODE~ D~C~S S
Home: ~
Y~R: 1998 N~W;_ _USED: X ~G~: 60 fL ~0~: 28 tr.
SERIAL
NUMBERS:
AND ~RN~HIN~S:
PROP~ INSURANCe: Prope~ Insurance on
b. Am~m=~iled ~ my a~uSn~2' 494,00 Man~actursd Home is required for the term of ~s
AGr~ment. I have the right to choose the
~ ~rough whom it is chined. By ma~n~ my
2. ~ounm pa~ lo others en my ~halt* -- next to a 'Type of Insumn~' listed below, I el~
a. To Inauran~ Componi~: buy the insurance =overage indicated for the tl~m ant
(1) ~o~r~lnsur~= ...... $ premium sh~n, and I ~t you to finance it on
(2) Cr~K ~e msuranc~... S_ Agreement.
b. To ~bl~ O~als: -- T~e of Insurance Term Premium
(1) Cordmate of ~tle S 2 ~. 50 ~
c. To: ~.
~ LIABIL~ INSURANCE COVERAGE FOR BODILY
d. To: _ INJURY AND PROPER~ DAMAGE CAUSED TO
~For: OTHERS IS NOT INCLUDED UNLESS INDICATED
S_ IN THE PROPER~ INSURANCE $E~ION ABOVE.
e. To: . CREDff LIFE INSURANCE: CREDIT LIFE
=F°r: ~NSU~NCE IS NOT REQUIRED FOR THIS
$ AGREEMENT O~ A FACTOR IN ITS APPROVAL.
f. T= ~N~CZA~ R;SO~. OF WILL NOT BE PROVIDED UN~ESS I SIGN BELOW
For: B~O~R FEE AND AGREE TO PAY THE ADDITIONAL COST. If I
ele~ Credit ~e Insures, ~e n~meCs) of
~ ~ 1,500,00 proposed insured(s) ~:
g.
For: Pmp~ed Insured
~ Pmpos~ In~umd
h. T= ~ (On~ ~pOuse can be insured jointly.)
For:., This insuran~ m=y not ~y off ~e entre Unp~d
i. To: 6 Bal~ce under ~is Agreement. ~e exact amount of
~er~e is sh~ on my peli~ or cenifJc=te. My
Fo~ ~ign~re indiM~s ~y elocon to obtain Credit
$ Ineur~ coverage for the term and premium shown:
j. T=
Fo~ _ T~e ~ C~e~ Te~ Premium
k. To: ~ Single
Fan
S __ Joint $.
~oun~ paid ~ Lender: $
For: ......................... (sign~m) Date
4. Unp,,id Bslance (Is and lb, plus2and3~.. $. 34,021.50 _ (s~gnaa~re} Date
5. Prepsid Rnance Charge .................. $ 1, '~ 00.00 (If joint coverage is desired, bolfl proposed insureds must sign.)
S:" Ameurtt Financecl (4 minus'S) ................ $ 32,521.R0
* I understand and agree that a porflm~ of certain of these 041300
amounts may be retained by you, your re'fillets, or the Seller of
:he goods or services.
.TIONAL TE~MS AND CONDITION-q .....
SECURITY INTEREST: I grant you a Security Interest under the Uniform CommerCe/Code in (1,1 the ManufaCtured Home and in
ail goalie that am or may hareatter by operation of law b'~c~me asceeaions to it, (2) all appliances, machinery, equipment and
ether goods furnished and affixed to the M~tnufaetUrad Hame including but not limited to the items listed as "Additian~,J
Accessories and Furnishings' on page 1 of this Agreement, (3) any refunds of unearned insurance premiums financed in this
Agreement, (4) any substitutions or replacements of the foregoing, and (b') all proceeds of such Manufe=ured Home and
accessions, and of e. ny Additional Accessories &nd Furnishings. This caoudty interest secures payment and performance of all
my obligations under this Agreement, including any additional debt arising beCause of my failure to perform my obJigations under
this Agreement and includes any contractual extensions, renewals or modifications. Notwithstanding any other provision of this
Agreement you are not granted &nd will not have a non-purchase money security interest in h~usehoId goods to the extent such
-~ security interest would be prohibited by appliCable law. To the extent permitted by applicable law, my execution of this
Agreement constitutes a waiver of my personal property and homestead exemption dents to the Manufactured Home herein
described. I a/so authorize you, at my expense, to sign and file, without my signature, such financing and continuation
statements, amendments, and supplements thereto, and any other documents which you rflay from time to time deem necessary
to perfect, presage and prate= your security interest in the Manufactured Home. I agree 'that you may file this security
instrument or a reproduction thereof in the real estate records or other a~propriate index as a financing statement for any of the
items specified above. Any reproduction of thio eecurity instrument or any other cecurity agreement or financing statement and
any extensions, renewals, or amendments thereof cheil be sufficient to perfect it sanurJty interest with respect to such items.
also agree to pay -*ny filing or recording fees necessary for you to get and keep in force your security interest, and any-release
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 partial
prepayment, there will be no change in the due dates or amounts of m~ monthly payments, unlase you agree in writing to those
changes. Any prepaid finance charges ere earned when paid. If I prepay this loan in full or default and you demand payment of
the entire balance due, no portion of any prepaid finance charge will be refunded.
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide uninterrupted physiCal damage Insurance coverage protecting the
Manufactured Home for the term of this Agreement against loss by fire, hazards included within the term "extended
coverage' and ~y other hazards, including flood, for which you require insurance, in an amount equal (un/ess state law
requires otherwise) to the lesser of the actual cash value of the Manufactured Home er the remaining unpaid balance I owe
from time to time under this Agreement (the "Minimum Coverage"). The insurance peli~ will contain a loss payable clause
protecting you
writing, I shell not -*dd any addilional loss payee to the insurance policy. I have the right to choose the person through wl~em
the property Insurance policy is obtained. If my insurance coverage expires or is Canceled prior to payment in full of this
Agreement, I must obtain no [ess than the Minimum Coverage at my expense for the remaining term of this Agreement.
Should J fail to maintain the Minimum Coverage, you may, but are not obligated to. obtain uninterrupted insurance coverage.
To the extent permitted by applicable law, I agree that any insurance you purchase may be for the protection of only your
interest in the M~nufactured 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 soJe discretion, to obtain insurance, you will notif~ me of that fact and that the cost, plus
interest et the rate provided for in this Agreement, will be added to my debt. I will repay, such amount in the manner as
required by applicable law, or if none is required in the manner requested by you. I understand that the insurance premiums
may be higher if you must purchase the insurance than might be the case if I had purchased the insurance, and to the extent
permitted by agpliceble law, that you may purchase the insurance from an affiliated company which may receive a profit for
this sewica.
=. Assignment end Application of Insurance Proceeds. I hereby ,~rant and assign to you the proceeds of any and ail
insurance coverage on the Manufactured Home, including any optional coverage~ such as earthquake
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufag-'~ured Home, I shall give prompt notice
to you and the insurance ' ' .
Carnal. If I fa~l to promptly not~ty er make proof ,,f less t~ the ineu~nc,~ carrier, you may do so on my
behalf. All physicad damage insurance proceeds, including proceeds from optional coverage, shell be applied to restoration or
repair ct the Masufactured Home, unless you and I agree othen~ise in writing er unless in your sole diecration such
restoration er repair is not econemlcally practical or feasible, or your security interest would be lessened. If such restoration
or repair is not practical or feasible, or your security interest would be lessened, you shell apply the insurance proceeds to
the ' ' ·
remaining unpaJd balance of th~e Agreement, whether or not then due, and g/ye me any excess.
pay you directly. I hereby appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document
necessary to obtain such insurance payments.
c. 'Cancellation of Roquired Inau,..,ce Upon Prepayment in Full. If you ave purchased any insurance cn my behalf, at n
h
expense, and if I prepay in full the Uncaid Balance due under this Agreement, (1) you will pr=vlde me wirh any
required by Replicalale Jaw, (E) I have ~ right to cancel the insurance and reMive a refund or credit ~ unearned premiun
or to con,hue the insurance, but unless J specifically r~uest Mncella~on, the insurance will rem~n in effect unffi
sch~uled ~piration date.
LATE CHARGE; If ~a Unpaid Balan~ ~t ~e time of execution of ~is Agreement is ~ore ~an ~2S,O~,~, then I agree to p~
a late cha~e ~ ~u have not received the full amount of an m
one late cha~e will ~e ma~e ... ~.,: ...... ,. Y onthly payment as set fo~ on.age 1 of ~is A r
on ..] ~,,.fluen[ ~natallment regardless of ~e pe~od for ~i~h'~- '. g cement. On
.mat ~nStallment remains ih d~aul
After this Agr~ment matures, whaler by acceleration or othe~ise, ~ will not be cha~ed a ~a~e'charge,
RETURNED CHECK CHAReES: I wiJJ pay you S15.00 (or such higher amount 4s~',~, I~wJ If any =hick g~en to you i
not honored because ~ insufficient funds or because no such account exists. ~(~,.
EVENTS OF DEFAULT: I will be in default un,er this Agreement if: (e) I fei t~t~nt when due; Cb) I break
other promise I made ~ you in ~is Agreement, (e) I f~l to make ~mely renal payment,' or to pay u~er charges
assessment, relating to the Real Prepe~ one/or facil~ on which ~e Manufa~ureO Home Js located; (d) J violate res~i~iw
~venants, rules or regulations relating to ~e Real Prope~ and/or faciJi~ where the Manufa~ Home is located; (e) I fail tc
keep ~e Man~ac~re~ Home in good rep~r and condition, as you may reasonably determine; (0 I ramie ~he Manufae~rec
Home from the address sho~ on this Agr~ment unles8 I not~ you in advance and receive your wrJEen consent; (g) I sell
affempt to sell ~e Manufa~ured Home or to transfer any beneficial in.rest ~erein without first obtaining your wri~en consent
Ch) I allow ~e M[nufa~ured Home ~ become pa~ of any real estate w~hout first o~ining your wd~en consent; ce) I
or abandon ~e Mah~actured Home or use ~ for hire or illegally; or ~ If any s~tement of fact, representation or warran~ I make
to you in my loan applicatbn or in t~is Agreement is false, misleading, inaccurate or ineomple~.
NOTICE OF DEFAULT: If any Df the above speckled Events of D~ault have occurred, you may do whatever is necessa~ to
correct my default. You will, except as set fo~h below, fimt give me a Notice of Default and Right to Cure Default b~ore you
ac~lerate payment of the remaining unpai~ balance I owe you or repossess or for~lose on any prope~ whi=h secures this
Agreemen[ The Notice will tell me what my default Jl and how I can ~re Jt Except as offie~ise required by applicable law. ~u
am not required to send me ~is Notice whe~ (1) you have already sent a Notice ~ree times within the preceding one-year
period, (2) J have abandoned or volun~r/ly surrendered the
could jeopardize your secud~ interest. Manu[a~ured Home, or (3) other ~reme circumstan~s ex}st which
~EMEDIES UPON DEFAULT:' If I do not cure the ~efault, you may do any or all of the following at ~e end o~ the notice period,
as N~ed ~ applJ~ble law: (a) you can require me to immediately pay you the entire remaining Unpaid Balance due under this
Agreema~ plus accrued/nteres~ (b) you may require that I mJmbume you in such m~ner as required by applicable law, er if
none is required in the manner request~ ~ you with interest at the ra~ provided for in this Agreement, ~e amount of funds you
actual~ advance on my behalf to co~e~ my default; (c) you may, but are not r~uired to, pay t~es, insur~ce premiums, fees,
expenses, charges, rents or assessments respeming the Manufa~red Home, or satJa~ liens, on or to make repots to ~e
ManufactUred Home ~ J have not done eo as required in this Agreemen~ (d) to t~e e~nt permiEed by appJi~ble law, you may
eanuel any insurance for which all or a pa~ ef the premiums or cha~es wu financed by you, obtain a refund ~ unearned
premiums or charges, and apply those amounts ag&nsf the Unpaid Balance, or {e) you can repossess the Manufa~red Home.
If you are net required to send me the Notice of Default and Right ~ Cure Defaul~ you will have ~ese Hgh~ Jmmediate~ upon
my default. IfVou mpossesa the M~naf~tured Home, and J do not exercise ~y Hght to ~m or redeem the Manufactured Nome
that I may have, you may dispose of ~ as required ~ applicable law. You will g~e me wriRen notJ~ at least f~een (lS) days
b~ore ~y repossession sale, The notice shall be sent to the address shown as Boffower's Addrees section on ~e first p~e of
this Agreement or ~ any offer address whi:h I later give you in writing. Before the sale I still may get back the Manufa~ured
Home ~ J (1) pay you all insta~lmen~ due or past due at the rime ~ delJve~ of the Manufa~red Home back to me, (2) pay you
NI unpaid delinquen~ or d~e~ed charges, (3) pay you your costs ~ su~ including but not limi~ to a~omeys' fees to which
you have a right under Agreement, (4) ~re any other def~lts which may have oceu~ed, ~d (5) ~ my default at the time of
repossession exceeded fifteen (15) days, the expenses of re~ing, mpairing and etoring the Manufs~ured Home allowed
law. You will apply the proceeds of any repossession sale 1 fi · ·
to your cos. of reta~ng, repairing and storing the Manu+-~,~.~°u~ ex~n~ee ,n eelhng the Manufactured Home. then (2~
any a~omeya, fees to which you have a Hght under the terms ~ this Agreement, ~en (4) to Jato charges, and then (5) to the
..... · .a ~ume, znen (3) to your reasonable ~d a~al cou~ ~oats
~lance ~11 due. [f there ia ~y surplus money from t~e repossesefon sale, it will be/~unded to me. If there is still a bNance
due yau. I must pay it to yoU, exoapt ~ o~e~ise provided by law, If you repossess, you also may ~ke possession of ~y other
~mpl~ an~hare i~ or effaced to the M~actured Home, You agree to re.tn all such prope~ ffi me upon my request. You
may hold the pmpe~ for me et my risk w~out liabili~ on your pa~. If ~u take Po~aeasion ~ any such prope~, you wJJ~ not~
~e in writing. Jf I do not ~en pmmp~y claim and ~ke Possession of this pm~, you have my pe~ssiun to dispose of it in
reasonable manner. ~ will pay any reasonable char es whic '
are cumulat~e and you may enforce t~ ....... ~ h you may ~ncur for storing or shiaoin~ such Dr~ee~ a
~)~n,,~,~ a . ~GFara[ely or tooe~er in any nrdar ~,, a~ ..... LL_ .~ ......7~-, .]. All remedies
AI~BITRATION OF DISPUTES:
a. Arbitration. You. and I agree to arbitrate any and all (1) disputes, tortS, ~unterclaims, or any other matter in questS,
between you end I arising cut of, in connection wit~. or in an)' way reis;lng to this Agreement ("Claims') (including whether
Claim must be arbib-ated) and (2) &ny Claims arising out of, in connection with, or relating to a transaction involving you an;
and one or more third pa~es who have not signed this Agreement which a third party elects to at'oif~ate ('Third Pa
Claims"). However, neither you or I can require the other to arbitrate (1) any proceeding in whlah a lien holder may acquire
convey title to or possession of any property which is security under this Agreement, or (2) an application by or on behalf
me for relief under the federal bankruptcy laws ar any other similar Iowa of general a hcabon
Enforcement of this exception to arb~atian at ~,~,, ,~ .............. . pP,..' ,. '. fo~ ~e relief cf debtor
Claim, including those asserted as a cou-* .... ~_,,~_ ~,,,~_ _w,,.. not wmv.e tee right to aYo!.trate any other C alto or Thi~-~ Par
.... ~-,a,., If1 a lawSUl[ under this ex-'option to arbi~ation
b. Rules. The arbitration shall be ('1) binding, and (2~ "cram--' '- ........ ' .":"'"'~'"' "
....... ~ / = ;,~ u.y [J) Tna Peaer. a~.Atbitratio~l ~t CTitJe g of the United Stat;
Code); UU me txpeditad Procedures of the Commercial Arbitration Rulec.ef~.~he,.An~arican A~bitraficn Association (th
~Arbitration Rules') in effect at the time arbitration is requested, and (h! this~.A.,~.~e,,a..[~...t:..~.~;..c~.of thAArb~ation Rules, frs
of charge, may be obtained by calling (a00) 778-787g The arbitrator ~),ai ~.~e~;i~.~p~i,ed by t~e ArbitratJon Rule
and this Agreement and shall apply the law, ncluding but not limited to all s~tutes of ~i~o~'i'~hi~h would otherwise appl
in a judicial action to a Claim or a Third Party Claim.
The award of the ar~eitrator(s) shall be in writing and include a statement of reasons for the award, la' the terms of thi
Agreement and the Arbitration Rules Conflict. the terms of this Agreement shall control the extent of the conflict. Th
arbitration shall be conducted In the federal judicial dlstrJct where my residence is located, or at any other place mutuall
acceptable to you and I. The arbltratfon hearing shall begin within for[y-five (45) days of the demand for arbitration.
If I have the right to resoled this Agreement. rescinding it will not rescind this agreement to arbitrate.
You and I agree that the arbitration proaeed~ngs are confidential. The information dieoloced in such precedings cannot b,
used for any purpose in any other proceeding. This Agreement is the only agreement between you and I regardin!
arbitration, and takes the place ~f any prior agreements to arbitrate Claims. This Agreement may be modified only by ~
written agreement between you and I.
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL WITH A JUDGE
OR A JUDBE AND dURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER RELIEF' ONLY TO YOU OR I.
· THERE SHALL BE NO CLAEs CLAIMS OR RELIEF. ANY DAMAGES AWARDED BY THE ARBITRATOR SHALI~ BE
LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAL.
PUNITIVE CFI TREBLE DAMAGEs. .
ATrORNEY FEES: If I prevail in any legal action or arbitration pro.ceding which is commenced in conneCtion with th~
enforcement of this Agreement or any instrument or agreement required under this Agreement, or in connection with any disput~
relating to this Agreement, you will pay my reasonable affomey fees, court cOSts, and necessary disbursements incurred ir,
connection with suct~ action or proceeding, as determined by the court, or the arbitrator(s) in accordance with the law. If you
prevail in any such action or proceeding, or in the exercise of any self-help remedy as described above, I will pay any
reasonable fees paid by you to an attorney who is not your salaried employee, together with court costs and necassar~
disbursements to the full extant permiffed by law.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within the next
tWelve.month period; (b) to pay you a transfer fee if I sell the Manufactured Hame, 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 remaining
unpaid balance plus accrued interest, from the date of maturity until paid in full; (d.) that if I am married and residing in a
community property state, both my community property and separate property will be liable for all payments due under this
Agreement; and (e) if another person attempts to make payments on my behalf, you are not obligated to a~ept them. If you do
accept them, you are not releasing ma or waiving any of your rights against me, and I authorize you to discuss with another
person who is making payments on my account any information about this loan, Including its status and your collection
procedures and remedies.
ASSIGNMENT: You may assign this Agreement to any person or entity. All rights granted to you under this Agreement shall
apply to any assignee of this Agreement.
~{'d 1UlOl
. . .' .......] ""g" '" ,,,y uleall nls[ery a~a credit ~paci~i j~ · - .
my account and sn~ ~ntorma~on about me and my account with credit repe~ng · n~el Un~an w~t~ opemng ~d ~ll~ng
you may sell or offie~Jse furnish information about me, including Insur~:e [~ormafion, ~ all emers who may la~ully receive
· less proh~b~ed by applicable law,
au~ inner.an, including ape~je inversion about the Man~a~r~ Home, and ~y ~nauran:e poli~ies an the Uanufa~red
Home and ~e ~e~ Prope~ to any insurance agent to enable aueh ~ent to qu~e premium~ ~ me and sol.it my insurance
business.
WAIVER, MODI~CA~ON, I~EGRA~ON: Your waiver of any default shall not eons~te a waiver of any offier defauE No
term ct this Agreement shall be changed unless Jn wd~ng ~d signed ~ one ~ ~ur offi~rs. This Agreement and offier
de~men~ exec~d ~y me In connexion wl~ ~is Agreement, Is the entire agreement baleen us ~d I agree ~at no oral er
implied repmsenta~ons have been made to Induce me to enter in~ ~is Agreement, By chasing or exe~isJng one or more
remedies herein, you do not waive your right to ~ter ute or pursue one or more e~er ~medies, except aa J~m~d ~ applicable
law.
VALIDLY: Wherever pee~ible each provision of this Agreement shall be Integrated in such a manner as to be effective and
valid under appli~le law, but ~ any prevision of this Agreement shall be prohibited by or invalid under appJicabte law, such
provision shall be inhere only to ~e e~nt of such prohibition or Inv~iai~, wi~out invaJida~ng t~e remainder ~ such
provision er the remaining provisions of ~is Agreement, ~is Agreement shall be of no affe~ un~l and unless signed ~ me and
accord by you. In no ~ent ah~l any charge under ~ia Agreement exceed the highest ~ount allowed by applicable law. I[
any excess ~a~e is receded such excess shall be refunded or applied to ~e Unp~d Balance.
GOVERNING ~W: Each provision of ~is Agreement shall be canstm~ in accedence wi~ and governed by the laws of the
Commonweal~ ~ PennsylVania. provided ~at to the extent you have greater Hghts or remedies under feaeral law, such ~oice
of s~te ~w shall not be deemed to depr~ yau of such greater righ~ and mme~ee under federal law.
NOTICE: You will send NI no~ces concerning this Agreement or my loan ~ me at ~e address I~te~ on the first page of this
Agreement unless I ne~ you in w~ing o~e~ise.
YOU AND I HAVE READ AND FULLY UNDERSTAND ~IS A~REEMENT, INCLUOING THE PARAGRAPH CALLING FOR
RESOLVING DlSP~Es BY ARBI~ATION, AND AGREE THAT THIS AOREEMENT S~S FOR~ OUR ENTRE
AGREEME~ AND ~AT NO OTHER PROMISES HAVE BEEN MADE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT AT THE
T/ME OF SIGNING
ELDON E. MILL~'R ' .
Borrowar
Borrower
DATE OF THIS
...... ,, · . · -. · ,r..~,~.¥,~,,.
;REENFOXNT CREDIT UNIDO' :..' ......
· . ~ ............ ., .. .... ....~, : .. 'T'.~..
G~ENPO~N~ CREDIT UN~N
UNiT ?90WS
SAN OZE~O C4 92~31
400 $ou~apoime
$ou~tpoin~ PLu~ ;. S=te 230
TeL C~) 87~5
~: Na~flct~r~ H~ L~q - Account ~G0000~010~60O~l
becwee~ the h~rs o( 8:00 a.m. ~ 5;00 p.m., Mon~y thr~gh Fri~;y..
If thfs ~f~uit ~s c,~ ~ y~r failure co rake i ~nt or ~ncs. a~ ~u ~t ~o p~ ~ miL.
/
fnfo~tlon ~Clf~d u(~ be us~ far that ~r~ose.
PA C1~)
EXHIBIT "C"
SHERIFF'S RETURN - REGULAR
CASE NO: ~001-02683 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
G~R~NPOINT CREDIT LLC
VS
MILT.ER ELDON E
, Sheriff or Deputy Sheriff of
JASON VIROAL
cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
the
MILLER ELDON E
DEFENDANT , at 2020:00 HOURS, on the 9t~ day of May , 2001
at 8 ROBIN DRIVE
NEWVILL~, PA 17241 by handing to
ELDON MI~J.RR
a true and attested copy of COMPLAINT - REPLEVIN together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 8.68
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
36.68 05/10/2001
ERIN P. DYER
Sworn and Subscribed to before By:
me this ~ day of ~p'uty Sheriff
~ .2~ / A.D.
~/- Prothonotary ~ ' -
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, ) CIVIL DIVISION
)
Plaintiff, ) No. 01-2683 Civil Term
)
v. )
)
Eldon E. Miller, )
)
Defendant. )
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter judgment by default in favor of Plaintiff GreenPoint Credit, LLC and
against Defendant Eldon E. Miller for his failure to plead to the Complaint in this action
within the requi~:l time. The Complaint contains a Notice to Defend within twenty days
from the date of service thereof. Defendant was served with the Complaint on May 9, 2001
and his answer was due to be filed on May 29, 2001.
Attached as Exhibit "A" is a copy of plaintiff's written Notice of Intention to File
Praecipe for Entry of Defeuit Judgment which I certify was mailed by regular mail to the
Defendant at his last known address and to his attorney of record, if any, on June 6, 2001,
which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1998 Champion Duchess
Manufactured Home, Serial Number 14014E, that being the relief demanded in the
Complaint.
Erin P. Dyer, Esquire
PA ID Number: 52748
Attomey for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Attachments: Ten Day Notice
Affidavit of Non-Military Service & Last Known Address
L:~GreenPoint~iller, Eldon~J Only.wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC, ) CIVIL DIVISION
)
Plaintiff, ) No. 01-2683 Civil Term
)
v. )
-')
EIdon E. Miller, )
)
Defendants. )
Via Certified Mall//~000-1830-0000-8486-5160
and Certificate of Mailing
Eldon E, Miller
8 Robin Ddve
Newville, PA.17241
Date of Notice: June 6, 2001
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 AN D YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWI~IG OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
Erin P. Dyer, Esquire
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:~,G me nPoint~Miller, Eidon~TDN.wpd ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit, LLC, ) CIVIL DIVISION
)
Plaintiff, ) No. 01-2683 Civil Term
)
v. )
)
Eldon E. Miller, )
)
Defendant. )
AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS
ERIN P. DYER, Attorney, being duly sworn a. ccord, ing to law, deposes and
says that he makes this affidavit on. behalf.of the within Plaintiff, being so authorized
avers that Defendant's place of residence is 8 Robin Ddve, Newville, PA 17241, and
that he is not in the military service of the United States or its allies, or otherwise
subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of
1904 and its .a. mendments, 50 U.S.C. § 501, et seq..This statement is made subject
to the.penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authonties.
Edn P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975