HomeMy WebLinkAbout11-3100
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit Corp.,
Plaintiff,
V.
Eldon E. Miller,
Defendant.
CIVIL DIVISION
No. J/. 3IC/D O/W,/
TYPE OF PLEADING:
Complaint in Replevin
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit Corp.
COUNSEL OF RECORD:
Edward F. Voelker. Jr.
PA I.D. #55414
Cynthia M. Dornish
PA I.D. #59890
Pamela L. Brickner
PA I.D. #209392
Voelker & Associates, P.C.
Firm #332
61.
01-7117
1A QUO
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(/Q ?! Y (412) 486-8800
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit Corp., CIVIL DIVISION
Plaintiff, No.
V.
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit Corp., CIVIL DIVISION
Plaintiff, No.
V.
Eldon E. Miller,
Defendant.
COMPLAINT IN REPLEVIN
AND NOW, comes Greenpoint Credit Corp., by and through its attorneys, Edward F.
Voelker, Jr., Esq., Pamela L. Brickner, Esq.. Cynthia M. Dornish, Esq., and Voelker & Associates,
P.C., and avers the following in support of its Complaint in Replevin:
Eldon E. Miller, hereinafter referred to as "Borrower," is an individual whose last
known address is 8 Robin Drive, Newville. PA. 17241.
2. Greenpoint Credit Corp., hereinafter referred to as "Plaintiff," is duly authorized to
conduct business in the Commonwealth of Pennsylvania.
3. Green Tree Consumer Discount Company is a Pennsylvania corporation and is duly
authorized to conduct business in the Commonwealth of Pennsylvania.
4. Green Tree Consumer Discount Company is the servicer for Plaintiff.
5. On or about April 18, 2000, Borrower entered into a "Note, Disclosure and Security
Agreement," hereinafter referred to as the "Financing Contract," a true and correct copy of which
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is marked as Exhibit "A" and is attached hereto and made a part hereof.
6. Plaintiff is the present holder of the Financing Contract.
7. Pursuant to the Financing Contract, Borrower promised to repay the borrowed amount
of $32,521.50 plus interest.
8. Borrower has defaulted by failing to make payments when due.
9. As of March 3, 2011, the delinquent payment amount due and owing from Borrower
to Plaintiff is $4.711.98.
10. As of March 3.2011. the amount owed by Borrower to Plaintiff, not including costs,
attorneys' fees and damages for the unjust retention of the collateral hereinafter described, is
$36,724.10. The interest on said amount is accruing at the daily rate of $5.75.
11. Plaintiff is entitled to costs, expenses, and attorneys fees under the terms of the
Financing Contract.
12. On December 22, 2010, Borrower was provided a Notice of Default, a true and
correct copy of which is marked as Exhibit "B" and is attached hereto and made a part hereof.
13. Pursuant to the Financing Contract, Borrower financed a 1998 Champion Home
Builders, Duchess manufactured home (serial no. 14014E) with certain furnishings, equipment,
appliances, and accessories included at the time of purchase, hereinafter collectively referred to as
the "Manufactured Home."
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14. It is believed and therefore averred that the Manufactured Home is located at 8 Robin
Drive. Newville. PA. 17241.
15. Pursuant to the terms of the Financing Contract, a security interest in the
Manufactured Home was granted or assigned to Plaintiff
16. Plaintiff perfected its security interest in the Manufactured Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a
Vehicle is marked as Exhibit "C" and is attached hereto and made a part hereof.
17. Borrower has failed to surrender the Manufactured Home upon Plaintiffs demand.
18. Plaintiff is now entitled to immediate possession of the Manufactured Horne.
WHEREFORE, Plaintiff demands judgment in replevin for possession of the Manufactured
Home or the sum of $36.724.10, plus attorneys fees, costs, expenses, interest from March 3, 2011,
and damages for the unjust retention of the Manufactured Home.
Respectfully submitted,
a
& ASSOCIAT:
for Plaintiff
Voelker & Associates, P.C.
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
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PENNSYLVANIA
NOTE, DISCLOSURE AND SECURITY AGREEMENT,
AND AGREEMENT TO ARBITRATE
(Agreement)
BORROWER(S): NAME: ELDON E. MILLER
NAME:
NAME:
AADDDRRE M48 LIN OLN HIGHWAY
STATE: PA ZIP CODE: 15522 PHONE: 814 623-6209 s.sEC.#(S):
LOCATION OF MANUFACTURED HOME: 8 OBIN DR, NEWVILLE, PA 17241
01; "me," "myser or "us" means all persons who sign this Agreement as borrower or co-borrower, jointly and severally, and
"you" or "your" means the Lender indicated below. On the date of this Agreement, I borrow from you the Unpaid Balance shown
below. The manufactured home described below, together with furnishings, equipment, appliances and accessories affixed to
the manufactured home (called "Manufactured Home") secures this loan as set forth in the Security Agreement contained
herein.
LENDER: GREENPOINT CREDIT, LLC _
PROMISE TO PAY: I promise to pay you at such address as you may direct the principal sum of:
THIRTY FOUR THOUSAND TWENTY ONE AND 50/100_DOLLARS
(US 34,021-50 (the "Unpaid Balance") or so much as may be outstanding, with in est at the rate of
3.3 .25 %
per year until the debt Is paid in full. The Unpaid Balance shall include and I will pay interest on any prepar finance charges you
agreed to advance me. I will pay this amount in monthly installments as shown herein in the Payment Schedule until the Unpaid
Balance plus all accrued interest Is fully paid. Additionally, i promise to pay any other charges that I may owe under the
Agreement. It on 04/17120 , I still owe any amount under this Agreement, I will pay such amount in full on that date,
which is called the "Maturity bate! When you calculate interest, every year shall have 360 days and every month shall have 30
days and each monthly payment will be applied as of the scheduled due date.
The oost of my credit as a yearly rate-
14.01%
PAYAdF_N3' SCHEDULE*
The dollaramount the credit will
cost me:
$ 64,599.30
Amount Financed
The amount of credit provided
to me or on my behaN
$ 32,521.50
Total of Payments
The amount.i_wili have paid
have made all payments as
$ 97,120.80
NumiWor.
Payments - AmD' u4tof Payments WbetiPayments Are Due rwdmated) .
MY 240 $ 404: 67 Monthly, beginning MAY- 1' 200.0
payment $ .00 Monthly, beginning
sCdedute $ .00 Monthly, beginning
will bar
.00 _
- -
Prepayment: N 1 pay off early, i wlt not have to pay a penalty.
security: I give you a security interest in: .
X the Manufactured Home and household goods. --
Late Charge: If the Unpaid Balance is greater than $26,000.00and N the paymentis more than 16 days late, I will be charged aTate charge of 6% of the
unpaid amount of such payment not to exceed $6.00.
Assumption: Someone buying my Manufactured Home may not assume the remainder or this Agreement on the original terms without your prior written
consent.
_
Security interest charges: Security Interest Fees $ 0.00
See the terms of this Agreementfor additional Information about nonpayment,defaulf, required repayment in full before the scheduladdate, and prepayment
refunds and penalties.
if you do not meet your obligations under this Agreement, you may lose your Manufactured Home and other household goods.
KWA1fl11.0199 - ice- M PAGE 1 CFO
ORIGINAL COPY '
1n?TirrL?=
MH FIXED RATE DIRECT LOAN
LOAN PLAN: F01 041300
t=OR • '. OFFICE NUMBER: 7 9 0 2 0
oFFlCB LOAN sou
?:USEY ACCT. NO.
TRACS NO.:"
FUNDING CODE:
COUNTY: CLIMB) RTMD
CITY: BEDFORD
196-42-046
WL4'A1'r t( At,
Description of TRADE NAME: CHAMPION HOME
Manufactured BUILDERS MODEL- DUCHESS
Homo:
YEAR 19 9 8 NEW. USED: , X LENGTH: 6 0 ft WIDTH: 8 ft.
SERIAL
NUMBERS:
rTENt E ?^ --_
NUMBER t . 'tTEM sERtAI NUM
R
ADDi110NAL BE
_
ACCESSORIES
AND FURNISHINGS: -
ITEMIZATION'OFAMOUNT- CED INSU CE
1. a. Amount of credit provided tome or on my behalf: '
PROPERTY
INSURANCE: Property Insurance on the
b. Amount credited to my account Manufactured Home is required for the term of this
$ Agreement. I have the right to choose the person
through whom it is obtained. By marking my initials
2. Amounts paid to others on my behalf:` next to a "Type of Insurance" listed below, I elect to
a. To Insurance Companies: buy the insurance coverage indicated for the term and
(1) Property insurance $ premium shown, and I want you to finance It on this
(2) Credit Life insurance $ Agreement
b. To Public Officials: Type of Insurance Term- Premium
(1) Certificate of Title $ 27 .5 0
t
u
Pd
$
(2) FILING FEE $ ya
c
Dateta9Q C ovazepe
-
c. To: `- - $
For: -' - $
LIABILITY INSURANCE COVERAGE FOR BODILY
d. To: INJURY AND PROPERTY DAMAGE CAUSED TO
For. OTHERS IS NOT INCLUDED UNLESS INDICATED
$ IN THE PROPERTY INSURANCE SECTION ABOVE.
e. To: CREDIT LIFE INSURANCE: CREDIT LIFE
For: INSURANCE IS NOT REQUIRED FOR THIS
t $ AGREEMENT OR A FACTOR IN ITS APPROVAL IT
f. To: FINANCIAL RESOURCES & ASST OF TH WILL NOT BE PROVIDED UNLESS I SIGN BELOW
.
For. BROKER FEE AND AGREE TO PAY THE ADDITIONAL COST. If I
$ 1,500.00 elect Credit Life Insurance, the name(s) of the
proposed Insured(s) are:
g. To.,
For:
Proposed Insured
$ Proposed Insured
h. TO., (Only spouse can be Insured Jointly
)
For .
This insurance may not pay off the entire Unpaid
$ Balance under this Agreement The exact amount of
1. To: coverage is shown on my policy or certificate. My
For signature indicates my election to obtain Credit Life
Insurance coverage for the term and premium shown:
j. To:
For: Type of Coverage Term
Premium
k. To: $ Single
For:
_ Joint $
3. Amounts paid to Lender. $
For. (signature) Dare
4. Unpaid Balance (1a and 1b, plus 2 and 3) $ 34,021.50
(signature)
Date
5. Prepaid Finance Charge $ 1,500.00 Of Joint coverage is desired, both proposed Insureds must sign.)
B.' Amourit Financed (4 m1nus 5) .................. $ 32,521.50
" I understand and agree that a portion of certain of these 041300
amounts may be retained by you, your affiliate, or the Seller of
the goods or services.
ADDITIONAL TERMS AND CONDITIONS
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment and
other goods famished and affixed to the Manufactured Home including but not limited to the items listed as "Additional
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 (5) all proceeds of such Manufactured Home and
accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and performance of all
my obligations under this Agreement, including any additional debt arising because of my failure to perform my obligations under
this Agreement and Includes any contractual extensions, renewals or modifications. Notwithstanding any other provision of this
Agreement you are not granted and will not have a non-purchase money security Interest in household goods to the extent such
a 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 rights to the Manufactured Home herein
described. I also 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 may from time to time deem necessary
to perfect, preserve and protect 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 appropriate index as a financing statement for any of the
items specified above. Any reproduction of this security instrument or any other security agreement or financing statement and
any extensions, renewals, or amendments thereof shall be sufficient to perfect a security interest with respect to such items. I
also agree to pay any 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: 1 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 my monthly payments, unless you agree in writing to those
changes. Any prepaid finance charges are 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 any other hazards, including flood, for which you require Insurance, in an amount equal (unless state law
requires otherwise) to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance I owe
from time to time under this Agreement (the "Minimum Coverage"). The insurance policy will contain a loss payable clause
protecting you (as your interest may appear), and provide for a ill-day notice of cancellation to you. Unless you consent In
writing, 1 shall not add any additional loss payee to the insurance policy. I have the right to choose the person through whom
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 less than the Minimum Coverage at my expense for the remaining term of this Agreement.
Should I fail to maintain the Minimum Coverage, you may, but are not obligated to, obtain unhrterrupted Insurance coverage.
To the extent permitted by applicable few, 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 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 It I had purchased the insurance, and to the extent
permitted by applicable law, that-you may purchase the insurance from an affiliated company which may receive a profit for
this service.
b. Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and all
Insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake Insurance, which in
type or amount is beyond the Minimum Coverage. In the event of a lose to the Manufactured Home, I shall give prompt notice
to you and the insurance carrier. If I fall to promptly notUy or make proof of loss to the Insurance carrier, you may do so on my
behalf. All physical damage Insurance proceeds, including proceeds from optional coverage, shall be applied to restoration or
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless in your sole discretion such
restoration or repair Is not economically practicai or feasible, or your security interest would be lessened. If such restoration
or repair Is not practical or feasible, or your security interest would be lessened, you shall apply the insurance proceeds to
the remaining unpaid balance of this Agreement, whether or not then due, and give me any excess. i authorize any insurer to
pay you directly. I hereby appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document
necessary to obtain such Insurance payments.
H5PA1011-0198 PAOESOFA
ORTisINAL COPY r !-M r_
c. Cancellation of Required Insurance Upon Prepayment in Full. If you have purchased any insurance on my behalf, at my
expense, and if I prepay in full the Unpaid Balance due under this Agreement, (1) you will provide me with any notice
required by applicable law, (2) 1 have the right to cancel the insurance and receive a refund or credit of unearned premiums
or to continue the insurance, but unless I specifically request cancellation, the insurance will remain in effect until the
.scheduled expiration data.
LATE CHARGE: If the Unpaid Balance at the time of execution of this Agreement is more than $25,000.00, then I agree to pay
a late charge if you have not received the full amount of any monthly payment as set forth on page i of this Agreement. Only
one fate charge will be made on any delinquent installment regardless of the period for which that installment remains in default.
After this Agreement matures, whether by acceleration or otherwise, i will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you $15.00 (or such higher amount as allowed by taw) If any check given to you is
not honored because of insufficlent funds or because no such account exists.
EVENTS OF DEFAULT: I will be in default under this Agreement if: (a) I fail to make any payment when duo; (b) 1 break any
other promise 1 made to you in this Agreement, (c) 1 fail to make timely rental payments, or to pay other charges and
assessments, relating to the Real Property and/or facility on which the Manufactured Home is located; (d) I violate restrictive
covenants, rules or regulations relating to the Real Property and/or facility where the Manufactured Home Is located; (e) i fail to
keep the Manufactured Home in good repair and condition, as you -nay reasonably determine; (f) 1 remove the Manufactured
Home from the address shown on this Agreement unless I notify you In advance and receive your written consent; (g) 1 sell or
attempt to sell the Manufactured Home or to transfer any beneficial interest therein without first obtaining your written consent;
(h) I allow the Manufactured Home to become part of any real estate without first obtaining your written consent; 0) 1 encumber
or abandon the Manufactured Home or use it for hire or illegally; or (D if any statement of fact, representation or warranty I make
to you in my loan application or in this Agreement is false, misleading, inaccurate or incomplete.
NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever Is necessary to
correct my default You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures this
Agreement-fihe lYob=ce wKl tell me tniiat my default is and haw i can cure it Except as otherwise required by applicable law, you
are not required to send me this Notice when (1) you have already sent a Notice three times within the preceding one-year
period, (2) 1 have abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist which
could jeopardize your security interest
REMEDIES UPON DEFAULT: If 1 do not cure the default, you may do any or all of the following at the and of the notice period,
as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining Unpaid Balance due under this
Agreement plus accrued interest; (b) you may require that I reimburse you in such manner as required by applicable law, or if
none Is required in the manner requested by you with interest at the rate provided for in this Agreement, the amount of funds you
actually advance on my behalf to correct my default; (c) you may, but are not required to, pay taxes, insurance premiums, fees,
expenses, charges,' rents or assessments respecting the Manufactured Home, or satisfy lens, on or to make repairs to the
Manufactured Home if 1 have not done so as required in this Agreement; (d) to the extent permitted by applicable law, you may
cancel any Insurance for which all or a part of the premiums or charges was financed by you; obtain a refund of unearned
premiums or charges, and apply those amounts against the Unpaid Balance, or (e) you can repossess the Manufactured Home.
If you are not required to send me the Notice of Default and Right to Cure Default, you will have these rights Immediately upon
my default. If you repossess the Manufactured Home, and i do not exercise any right to cure or redeem the Manufactured Home
that 1 may have, you may dispose of it as required by applicable law. You will give me written notice at least fifteen (16) days
before any repossession sale. The notice shall be sent to the address shown as Borrower's Address section on the first page of
this Agreement or to any other address which 1 later give you-in writing. Before the sale I still may get back the Manufactured
Home If 1(1) pay you all Installments due or past due at the time of delivery of the Manufactured Home back to me, (2) pay you
all unpaid delinquency or deferred charges, (3) pay you your costs of suit, including but not limited to attorneys' fees to which
you have a right under Agreement, (4) cure any other defaults which may have occurred, and (5) If my default at the time of
repossession exceeded fifteen (15) days, the expenses of retaking, repairing and storing the Manufactured Home allowed by
law. You will apply the proceeds of any repossession sale (1) first, to your expenses in selling the Manufactured Home, then (2)
to your costs of retaking, repairing and storing the Manufactured Home, then (3) to your reasonable and actual court costs and
any attorneys' fees to which you have a right under the terms of this Agreement, then (4) to late charges, and then (6) to the
balance still due. If there is any surplus money from the repossession sale, it will be refunded to me. If there Is still a balance
due you, I must pay it to you, except as otherwise provided by law. If you repossess, you also may take possession of any other
property anywhere in or attached to the Manufactured Home. You agree to return all such property to me upon my request. You
may hold the property for me at my risk without lability on your part If you take possession of any such property, you will notify
me In writing. If I do not then promptly claim and take possession of this property, you have my permission to dispose of It in.a
reasonable manner. I will pay any reasonable charges which you may incur for storing or shipping such property. All remedies
are cumulative and you may enforce them separately or together in any order you deem neoes to protect your security.
FWAIOII-0199 OR,ZGINAL -COPY PAGE4OF6
A • 1?4
?
ARBITRATION OF DISPUTES:
a. Arbitration. You, and i agree to arbitrate any and all (1) disputes, torts, counterclaims, or any other matter in question
between you and I arising out of, in connection with, or in any way relating to this Agreement ("Claims") (including whether a
Claim rqust be arbitrated) and (2) any Claims arising out of, In connection with, or relating to a transaction involving you and I
and one or more third parties who have not signed this Agreement which a third party elects to arbitrate ("Third Party
Claims"). However, neither you or I can require the other to arbitrate (1) any proceeding in which alien holder may acquire or
convey title to or possession of any property which Is security under this Agreement, or (2) an application by or on behalf of
me for relief under the federal bankruptcy laws or any other similar laws of general application for the relief of debtors.
Enforcement of this exception to arbitration at any time will not waive the right to arbitrate any other Claim or Third Party
Claim, including those asserted as a counterclaim in a lawsuit under this exception to arbitration.
b. Rules. The arbitration shall be (1) binding, and (2) governed by @ the Federal Arbitration Act (Tale 9 of the United States
Code); {ii) the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association (the
"Arbitration Rules") In effect at the time arbitration is requested, and (111) this Agreement. A copy of the Arbitration Rules, free
of charge, may be obtained by calling (800) 778-7878. The arbitrator shall have all powers provided by the Arbitration Rules
and this Agreement and shall apply the law, including but not limited to all statutes of limitation, which would otherwise apply
in a judicial action to a Claim or a Third Party Claim.
The award of the arbitrator(s) shall be in writing and include a statement of reasons for the award. If the terms of this
Agreement and.the Arbitration Rules conflict, the terms of this Agreement shall control the extent of the conflict. The
arbitration shall be conducted in the federal judicial district where my residence Is located, or at any other place mutually
acceptable to you and 1. The arbitration hearing shall begin within forty-five (96) days of the demand for arbitration.
If i have the right to rescind this Agreement, rescinding It will not rescind this agreement to arbitrate.
You and I agree that the arbitration proceedings are confidential. The information disclosed In such proceedings cannot be
used for any purpose in any other proceeding. This Agreement is the only agreement between you and I regarding
arbitration, and takes the place of any prior agreements to arbitrate Claims. This Agreement may be modified only by a
written agreement between you and i.
THE ARBITRATION WILL TAKE THE PLACE OF ANY COURT PROCEEDING, INCLUDING A TRIAL' WITH A JUDGE
OR A JUDGE AND JURY. THE ARBITRATOR MAY AWARD DAMAGES OR OTHER RELIEF ONLY TO YOU OR I.
THERE SHALL BE NO CLASS CLAIMS OR RELIEF. ANY DAMAGES AWARDED BY THE ARBITRATOR SHALL BE
LIMITED TO ACTUAL AND DIRECT DAMAGES. YOU AND I EXPRESSLY WAIVE ANY RIGHT TO CONSEQUENTIAL,
PUNITIVE OR TREBLE DAMAGES.
ATTORNEY FEES: If I prevail In any legal action or arbitration proceeding which is commenced in connection with the
enforcement of this Agreement or any instrument or agreement required under this Agreement, or In connection with any dispute
relating to this Agreement, you will pay my reasonable attorney fees, court costs, and necessary disbursements incurred in
connection with such 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 necessary
disbursements to the full extent permitted by law.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, 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 l sell the Manufactured Home, unless such fee Is prohibited by law; (c)
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 accept them. If you do
accept them, you are not releasing me 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 shaft
apply to any assignee of this Agreement.
rrspnlo»ateo
ORIGINAL COPY h'L' PAW50FO
Irri !?
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collecting
my account and share Information about me and my account with credit reporting agencies. Unless prohibited by applicable Jaw,
you may sell or otherwise furnish information about me, Including insurance Information, to all others who may lawfully receive
such information, including specific information about the Manufactured Home, and any insurance policies on the Manufactured
Home and the Real Property to any Insurance agent to enable such agent to quote premiums to me and solicit my insurance
business.
WAIVER, MODIFICATION, INTEGRATION: Your waiver of any default shall not constitute a waiver of any other default. No
term of this Agreement shall be changed unless in writing and signed by one of your officers. This Agreement and other
documents executed by me in connection with this Agreement, is the entire agreement between us and I agree that no oral or
Implied representations have been made to induce me to enter into this Agreement. By choosing or exercising one or more
remedies herein, you do not waive your right to later use or pursue one or more other remedies, except as limited by applicable
law.
VALIDITY: Wherever possible each provision of this Agreement shall be interpreted in such a manner as to be effective and
valid under applicable law, but if any provision of this Agreement shall be prohibited by or Invalid under applicable law, such
provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement. This Agreement shall be of no effect until and unless signed by me and
accepted by you. In no event shall any charge under this Agreement exceed the highest amount allowed by applicable law. If
any excess charge is received such excess shall be refunded or applied to the Unpaid Balance.
GOVERNING LAW: Each provision of this Agreement shall be construed in accordance with and governed by the laws of the
Commonwealth of Pennsylvania, provided that to the extent you have greater rights or remedies under federal law, such choice
of state law shall not be deemed to deprive you of such greater rights and remedies under federal law.
NOTICE: You will send all notices concerning this Agreement or my loan to me at the address listed on the first page of this
Agreement unless i notify you in writing otherwise.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT, INCLUDING THE PARAGRAPH CALLING FOR
RESOLVING DISPUTES BY ARBITRATION, AND AGREE THAT THIS AGREEMENT SETS FORTH OUR ENTIRE
AGREEMENT AND THAT NO OTHER PROMISES HAVE BEEN MADE.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS AGREEMENT AT THE
TIME OF SIGNING
Borrower. G??? Borrower
ELDON E. MILLER
Borrower
Borrower
DATE OF THIS
AGREEMENT. g -60
hSPA1011-010 041300
ORIGI.IVAL COPY PAMOOF9
AL, AZ, AR, CT, DE, DC, FL, GA, IA (LH PMM), ID, IL, IN, KY, LA, MA (LH), MD, ME (LH First Liens)
MI, MN, MO (LH First Liens), MS, MT, NE, NV, NH, NJ (HO), NM, NY, NC, ND, OH (HO), OK, OR, PA (HO),
X RI, SD, TN, TX (HO), UT, VT, VA, WA, WY
relationships that work
?NOTICE
OF DEFAULT green tree
AND
GHT TO CURE DEFAULT
Date of Notice: 12/22/2010 Certified Mail Receipt No. 71067112169014551719
Eldon E. Miller Green Tree Consumer Discount Company
8 Robin Dr Three Executive Park Drive Suite 14
Newville, PA 17241-9319 Bedford, NH 03110
800-643-0202
Account No: 735050916 Creditor: Green Tree Consumer Discount
Company
Brief identification of credit transaction: Manufactured Home Account
You are now in default on this credit transaction. You have the right to correct this default within 30 days from the postmarked
date of this Notice.
If you correct the dcfault, you may continue with the contract as though you did not default.
Your default consists of: 28 payments past due(plus $25.00 in late fees) totaling $8,658.27.
Cure of default: Within 30 days from the postmarked date of this Notice, you may cure your default by paying $8,658.27, which
consists of $8,633.27 for past due payments and $25.00 for late fees, or by doing the following: NA
Creditors rights: If you do not correct your default in the time allowed, the creditor may exercise its rights against you under the
law by taking legal action to repossess or foreclose on its collateral.
If you fail to cure the total amount of your default within the cure period described above, then as of 30 days from the postmark
of this Notice, the maturity of this contract is automatically accelerated and fill payment of the contract in the amount of
$36,330.42 shall be due and payable without any further notice from the creditor. Additional expenses, interest and charges
accrued after the date of this notice shall also be due and payable.
Please review your mortgage or deed of trust for any right you may have to reinstate your loan after acceleration but prior to the
earlier of (a) five days before the sale of the property under any power of sale in the Security Instrument or (b) entry of a
judgment enforcing the Security Instrument, by paying the Creditor all sums then due as if no acceleration had occurred. You
may also have the right to assert in the foreclosure proceeding the non-existence of a default or any other defense available to
you.
If you have any questions, write Green Tree at the above address or call the number provided.
If this default was caused by your failure to make a payment or payments, and you want to pay by mail, send a cashier's check or
money order. Do not send cash. Other payment arrangements may be made by contacting Green Tree.
This co 9NljgrNypne a debt collector. It is an at1 d will be used for
se.
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7106 7112 1690 1455 1719
Eldon E. Miller
8 Robin Dr
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CERTIFICATE OF TITLE)F- A VEHICLE
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GREENPOINT CREDIT MON
10084 WILLOW CREEK RD
UNIT 74995
SAN DIEGO CA 12131
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VERIFICATION
I, Jennifer Lockerman, Collection Manager, and duly authorized
representative of Green Tree Servicing, LLC, do hereby depose and say
subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn
falsification to authorities, that the fact set forth in the foregoing are true and
correct to the best of my information and belief.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Greenpoint Credit Corp.
vs.
Eldon E. Miller
Case Number
2011-3100
SHERIFF'S RETURN OF SERVICE
03/21/2011
04:55 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 21,
2011 at 1655 hours, he served a true copy of the within Complaint in Replevin, upon the within named
defendant, to wit: Eldon E. Miller, by making known unto Linda Miller, Wife of Defendant at 8 Robyn Drive,
Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her
personally the said true and correct copy of the same.
NOAH CLINE, DEPUTY
SHERIFF COST: $40.44
March 22, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
01. C aunty 1 t S"!'Tf f . soil, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit Corp.,
Plaintiff,
V.
Eldon E. Miller,
CIVIL DIVISION
No. 11-3100 Civil
TYPE OF PLEADING:
Praecipe to Discontinue
Defendant. FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit Corp.,
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414 _
MM -0 M
Cynthia M. Dornish
PA I.D. #59890 --< Cn '
-sc)
T?
Pamela L. Brickner
PA I.D. #209392 ' '?
Voelker & Associates, P.C.
Firm #332
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit Corp., CIVIL DIVISION
Plaintiff, No. 11-3100 Civil
V.
Eldon E. Miller,
Defendant.
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Kindly discontinue the above matter, without prejudice.
Respectfully submitted,
VORLKER & ASSOCIATF-h, P.C.
M. Dornish
(s for Plaintiff
Voelker & Associates, P.C.
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the attached was served
upon the following by first class United States mail, postage pre-paid, on April 12, 2011.
Eldon E. Miller
8 Robin Drive
Newville, PA 17241
MidPenn Legal Services
Attn: Nick Matash, Esq.
213-A North Front Street
Harrisburg, PA 17101
ELKER & ASSO((FATES, P.C.
'W
M. Dormsh
Attorneys for Plaintiff
Voelker & Associates, P.C.
Hampton Stoneworks Professional Building
3960 Route 8, Suite 200
Allison Park, PA 15101-3603
(412) 486-8800