HomeMy WebLinkAbout04-4949IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
V.
Lester W. Yohe and Rebecca S. Taylor,
Defendants.
CIVIL DIVISION
No. OW
TYPE OF PLEADING:
Complaint in Replevin
FILED ON BEHALF OF PLAINTIFF:
Greenpoint Credit LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA I.D. #55414
Chad R. Callahan
PA I.D. #82058
Gregory W. Bevington
PA I.D. #92143
Voelker & Associates, P.C.
Firm #332
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0543
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaix~tiff,
CIVIL DIVISION
No.
Lester W. Yohe and Rebecca S. Taylor,
Defendants.
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 t'fling 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
1-800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Greenpoint Credit LLC,
Plaintiff,
V.
Lester W. Yohe and Rebecca S. Taylor,
Defendants.
CIVIL DIVISION
No. o~' q~'/q
COMPLAINT IN REPLEVIN
AND NOW, comes Greenpoint Credit LLC, by and through its attorneys, Edward F. Voelker,
Jr., Esq., Chad R. Callahan, Gregory W. Bevington, and Voelker & Associates, P.C., and avers the
following in support of its Complaint in Replevin:
1. Lester W. Yohe and Rebecca S. Taylor, hereinafter referred to as "Defendants," are
individuals whose last known address is 114 Rustic Drive, Shippensburg, PA 17257.
2. Greenpoint Credit LLC hereinafter referred to as "Plaintiff," is a limited liability
company and is duly authorized to conduct business in the Commonwealth of Pennsylvania.
3. On or about November 12, 1999, Defendants entered into a "Retail Installment
Contract, Security Agreement, Waiver of Trial by Jury and Agreement to Arbitration or Reference or
Trial by Judge Alone," hereinafter referred to as the "Security Agreement," whereby Defendants
purchased and financed from Countryside Village Homes, Inc., a 2000 Dutch Housing, Inc. 5235
manufactured home (serial no. 27392D) with certain furnishings, equipment, appliances, and
-1-
accessories included at the time of purchase, hereinafter collectively referred to as the "Manufactured
Home." A true and correct copy of the Security Agreement is marked as Exhibit "A" and is attached
hereto and made a part hereof.
4. It is believed and therefore averred that the Manufactured Home is located at the
residence of Defendants.
5. Pursuant to the Security Agreement, Defendants promised to pay the financed amount
of $72,268.50.
6. As security for the loan, Defendants, by the Security Agreement, granted Plaintiff a
security interest in the Manufactured Home.
7. Plaintiff perfected its security interest in the Manufactured Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title for a
Vehicle is marked as Exhibit "B" and is attached hereto and made a part hereof.
8. Plaintiffavers that the approximate retail value of the Manufactured Home is
$43,348.00.
9. Defendants have defaulted under the Security Agreement by failing to make payments
when due. As of September 23, 2004, the delinquent payment amount due and owing from
Defendants to Plaintiff is $3,013.48.
10. As of September 23, 2004, the amount owed by Defendants to Plaintiff, not including
-2-
costs, attorneys' fees and damages for the unjust retention of the Manufactured Home, is $73,299.12.
The interest on said amount is accruing at the daily rate of $13.40.
11. Defendants have failed to surrender the Manufactured Home upon Plaintiffs demand.
12. On August 6, 2004, Plaintiff provided each Defendant with a Notice of Default, true
and correct copies of the same are marked as Exhibits "C" and "D" and are attached hereto and made
a part hereof.
13. Plaintiff is now entitled to immediate possession of the Manufactured Home.
14. Plaintiffis entitled to attorneys fees under the terms of the Security Agreement.
WHEREFORE, Plaintiff claims judgment for possession of the Manufactured Home or the
value of such in the sum of $43,348.00, plus attomeys fees in the amount of $600.00, costs, interest
fi.om September 23, 2004, and damages for the unjust retention of the Manufactured Home.
Respectfully submitted,
VOELKER & ASSOCIATES, P.C.
Chad R. Callahan
Attorneys for Plaintiff
Voelker & Associates, P.C.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
-3-
PENN-~YLVANIA
'RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT,
WAIVER OF TRIAL BY JURY AND AGREEMENT TO
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALCNE
(Contract)
BUYER(S): NAME: LESTER W. YOHE
NAME: REBECCA S. TA_YLOR
NAME:
BUYER'S NAME:
ADDRE~: 129 SHIPPENSBURG ~OBI.LE E~-TAT~s
_ PHONE:.. (717)
CITY: SH! P~'ENE ~u RG
532'7{25
MbVA 'A L£RATECONT~
Lc ? ~,:: AC1 11109
PROPOSED LOCATION OF MANUFACTU'RED HOME: 11{_RUSTIC DR_%~, SHI~PE.'~$!, 'RG, .~' ~_ _~ ;,:'~ ..=
%" "me," "myself" or "my" mean all persons who sign this Contract as buyer cr co-b~ ~r, jo!:-:ly :~d s~.'era:y, and "yo~
"your" mean the Seller and any assignee. This Contract will be submi~ed to the~.re.~tc~ ~'' : Jicat :d t ;v a: a local office a~
approved, it will be assigned to that Creditor. On the date of this Contract, I buy from ycv t: acr :dit; :ia :~sis the manufacl
home described on page 2, together with furnishings, equipment, appliances and acc:~sor[e; [n;ud d in the manufacl
home at the time of purchase (called "Manufactured Home").
CREDITOR: GREENPOINT CR~QIT, LLC. . _ = _ ,, - .<
PROMISE TO PAY: I promise to pay you at such address as you may direct t,~ U~id Ba anc~ s;' :',vn on page 2 of
Con,act (Item 5) with interest at the initial rate of 9.50 % per year. The i~t~re~t :~ ~ I w:; pt:.. v; chan~e in accord~
with the provisions of this Contract. I will pay this amount in installments as shown in th ?:aym mt: :h.~ ~:e, or as recomp
due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on i l/:L ,"29 -:i!: 7. 9 ary amount u
this Contract, I will pay such ame.~nt in full on that date, which is called the "',~a:urit' -'~ta.' E: - _
applied as of its scheduled due d~:~. If no interest rate is dbclosed ~cve, the init!a: !nt~ : rat is
shown below.
INTEREST RATE: My initial interest rate may not be based on the ~r,~x used t mt. kc :r ~ ;s .
ch~ge 1! months ~er my first payment is due and every !2 m tnt'ts ~a~;.' t '~
average ~interbank offered ra~es br oneyear U.S. doHar denomin~te~ deposits } ~: e L :~n: ~r t
of major banks as published in '~,~ "Money Rates" section of The V/aY.~.ee~do~ ..... .~. c~ f~ :: :
and ~own as ~e London [~b~'-:ank ~ered Rat~s (L~OR), ',', ,~ch is ~he >.-~x - s ::
change date." My interest rA~e ca: _et increase or decrease by mc:e :c~n 2,00 ~,~ ..t: ;t~:' : ~
5,00 % over the term of th9 C: :Ba~. The interest r~te v,'~[I ec~; ::"9 i~cex ra:~ ~ ~ : ~
rate change date plus a mar~n c,' 5.25 % (mudded to the l;~.F~Sl .1/8 c ;
the interest rate caps limit ~e am:mt of ch~ge in the interest rate. ;f this ~ndex rat, is ;cz~j r [
new index that is based upon com.;ar~le informa~on.
.dy ?aymant wi
:] ? ercentage I
y [~terast rate
movements in
: uFm the quot.'
fa> of each mc
· ~ / "interest
..;e :r by more
;~ ~re the int~
',:a. ~ point) un
7c: may choo,
ANNUAL FINA,'tCE CHARGE Amount Financed Tota] :f F marts
PERCENTAGE The ~:ur~: : h~',' ~
RATE Th~;. ~a~unt~e ~e amoumot Ced~: pa~e:' s a.: ~d~ .
~e~tofmy~aditas cr~: i~stme(~i~ pco~ced~macrc~ ~as3~ n~f ~e~
a yea~yrate (which ~s is z~:.. ;t~ ~ange) my behalf: ~n:a, :ar: ;e ~ ~
subje~change): ~icn . au: o ch 3e
11.26 % c ~ ~ -
~ ~ 3,644.A6 S 72,2c3.~0 $ 2!5. 2.~ ~
See~7 (cate 2 ~, C-~
See ~n~t te~s ;or addidon~ in~c;m¢ :n Number c~ ] A~ou2~c~
a~utnonpaymea%defaul~ required rr)~Q; nent Paymen~ I Pa3men~ ;n ~ ~ ,
in full before ~e s~eduled dam. anf , 6 07 9 ~, ,, - ~ ~;- ~ -
prepa~entrefunds~dpenel~es. ~:y 12 ~ $ · ,,.c,~,be; > ~- -
Prepayment: If I pay e~ e~y. I will ~;: ': ~ent 3 ~ 8 ~ $ ? ~ ~ ?
have ~ pay a penaI~, but I will no: ~:e ; :hedule S Mc.,~ly. be; [~
enticed ~ a refund of ~e Prep~d · Jl ~: __ $ Mc;~ly, ~e; ~:
Rn~ Cboe, if any.
Security: I give you a secudty interest ::, ~ goodsor property hals9 put:nasa :.
Late Charge: if a paymentis more :ha ~ days late. I will b~ char~eJ __ _~ ---- % ~.f,Lh~ ~?;
$ 5.00
Variable Rate: My Contract contains a, ~:'able ra~ fea~re. D~closums about :ne /a:iab
A~umpflon: Someone buying my Ma~: ,:~red Home may, under.naSa cir:~m;ma~s, be aJfowe~
edgin~ te~s.
E~mate~: ~1 numed~ disclosures a: :t~e la~ pa~entd[scbsures are es~ma~s.
nc:~ ::Z _ :v.- ?own
200C
Description of
Manufactured
Home:
TRADE NAM~ DUTCH HOUSIN_G, INC.
YEB~q: 2000 NEW: X USED:
SERIAL
MOOEU 5 ~2 2 ..... ;
LEh: 3C ~L WIDTH; 32
I Il SERIAL NUMBER . t J ITE ',t ~[__ S~ ~,L NUMBER .....
ADDITIONAL AIR CONDZTNG
ACCESSORIES SHED / DECK
AND FURNISHINGS: -a/~CHORS
111099
tTEMI ~Z_A_ ?lO_.N Of AMOUNT FINANCED
1. Cash Price (Including Sales
Taxof$ ;00): ................... $ 86,000..00
2. a. Cash Down Payment ....... $ 13,759.00
b. Trade-in (Year, Make, Model):
Length . Widlh
Gross Value $ .00 Liens $
Net Trade. In Value $
Total Down Payment .......... $
3. Unpald Balence of Cash Price (1 minus2)
4. Amounts paid to others on rny behalf:*
a. To Insurance Companies:
(1)Pmpe~tylnsurance . S .00
(2) Credit Life thsurance $ .0._0
b. To Public Officials;
(1) Cert~cate of Tit~e.. ~ 22.5~
(2) FILING FEES ; 5.0_0
c, To Creditor:
For: ~ .0 0
d. To: _
For:
.0b
e. To:
Fur:
L
· .00
(S~l[er m pay off)
.00
13,75c~ .00
72,241.00
.o6
27 . 00
To:
For:
g, To: GREENPOINT CPC:DIT,
For: FLOOD FEE
h. Toi
For:
Total(a+b~-c+d+e+f+ +h) $ 54.50
5. Unpaid Balance (3 plus 4) $ 72,295.50
6. Prepaid Finance Ch~ge $ 27 . 00
7. Amount Financed (5 minus 8I) $ 72,268.50
*1 understand and agree that a pc~[on of certain of these amounts
may be retained by you or ycur affiliate.
S KIRTi~;G
GUTTERS
uHIMNE _
iNSURAhGE .....
PROPERTY INSURANCE: P:~pe-:; Insurance on tt
Manufactured Hc:-o is requkgd ~:~ the term of ~
Contract. I have t}- -- dght to ch3oso ~he person thmu~
where it is ebtab_ ~. By mar~ing :he appropriate lit
belcw, I elect to ~ .' the cove~ag~ !ndicated from ye
for the term and F -,ium shcv, n, ~-~ [ want it fin~nc~
on this Contract.
Type of Insur :e - ~rr-~ Premium
,iC ~ .0 0
BROAD FC ~,
LIAE;LITY [NSU: C-- SC EF, -- FOR BODIL
INJL'RY AND F :ER~,v A~' ~E CAUSED T
OTFERS IS ,%oF :LJ[gEE JNL S INDICATED
THE :ROPEFT'~ ~/.,;Ic S: -ION ABOVE.
CRESIT LIFE I: ~ANBE: 3r,~ Life Insurance
not :~:[uirod for ~' ;ntmct a or in its approw
If [ e:ect Credit : hs,4a:' e, ~ n~me(s) of ~
pmFcsed insurec
Propcsed Insured
Prc~csed Insured
(Ony spouse ca~ :,sured j- nth:
~[s hsu~ce m ;: p~y c a:[ my debt, and th
oxazt amount of :rage is ;he on my poli~
ceCa[cate. My sic .:-a i~dicc }s ~ election to ob~i
Crez[t Dfe lnsc: ~ cove:-ge r ~ te~ an
premhm
Type cf Coverc, g~ Ter: Premium
__ C ~ngle
~ oint
~te
(s ;m-
(:tjoirtcoverage s c: !, bc:h p p6s nsuredsmustsigl
ADDmONAL TERMS AND CONDITIONS
VARIABLE RATE:
ia. Monthly Payment Changes. My monthly payment amount will chan;e each time r
amount of the new monthly payment beginning the first monthly payment at the
payment amount would fully amortize the remaining unpaid balance I am expected t
the adjusted interest rate in equal monthly payments over th~ rema nih; Term of thb
h.'er~st rc :e is 'tjusted. [ will p~
:'est rat.~ cha;e date, The m,
a on ~;'~ nter }t rate change d
Notice of Interest Rate and Monthly Payment Changes. You wil send me notice
monthly payment at least 25 days before the adjustment. This n,%ice ','/ill cont-~!n i
rate, payment amount and remaining unpaid balance.
the interest rat
e index rate, in'
Conversion to Fixed Rate. [ may choose to convert t:,is Contract to a fAec ,re Cent: '.ct ~ any time begi
ZERO years from the date of this .C_pntract and er]din.~ 3 0 :'~rs f::m ~e C :e cf this Cqntra
order to convert to a fixed rate, I must not be in default un ~er the terms of this Cc ~::. I mu'-: no'. : you in writing
desire to convert to a fixed rate, I must execute a revision agreemen~ and I must F- ~ non~ef~ ;da~ ~ conversion fee
new fixed interest rate will be your standard fixed interest rate lc; a comparabb Cc '::~et cn t,~ ~ da ~ that you receiv
written notification. The new fixed rate will take effect cn the 'Conversion Date," wh =; shal be my r ~xt payment due
that is at least 3 0 ~ days after your timely receipt of a revision agreement s!-.~;~ by a!] Borr:',vers together ~
nonrefundable conversion fee cf $ 200,00 , _T~_A _~e,,v fixed rate ~ : the Con,'ersic~ Date are subj~
change if my revision agreement and fees are received after the d~te specified in ti' evislcn a :ree~ ~nt, My new pay
amount will be effective with the first payment following the C~nversion Date.
SECURITY INTEREST: I grant you a security interest under the Unifo:-n Commercial Cc
all goods that are or may hereafter by operation of law become accessions to it, (2)
other goods furnished with the Manufactured Home (whether or n~t installed or affb~ed
listed as "Additional Accessories and Furnishings" on pag~ 1 cf this Cent;act, (3) an7
financed in this Contract, (4) an7 substitutions or repJacemen:~ of the f :regoin~,
Home and accessions, and of an7 Additional Accessories ~.~d F~mi;~ings.
performance cf my obligations under this Contract, including a'~7 ad~[tic cci debt a-!si;
obligations under this Contract and includes any contractuM e×t ~sion:;, rc ;~wals c; mc
constitutes a waiver of my personal property and homestead o :~.m¢ ;n: ;hts to '.;~ F
sign and deliver to you whatever fl :ancing statement3 a~ c:~ ; doc m~ 'rs you c;
security interest in any personal F:;perty and fixtures, i ar-se ~ :t 7o~ ~-~ file this
in the real estate records or ot~e; appropriate index a; a F .~;cir; s :cement
reproduction of this security instrument or any other s~curi~/ar: emaE: cr ;inancin~
amendments thereof, shall be suffic!ent to perfect a securi,~/into'est wi[h respect to s
n (I: thc
:~,c',:;~in
'~a~ ~actured Home a
-nec nery, equipmanl
but ~t limi:sd to the i
insurance pram
~ such Manured
;st cures payment
zilure to pe~om
ut:.on of this Con
~re~n Cescdbed.
' yoc to peEe~
repro ~ucfion ~
;ecffNd above.
msfons, renewal
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL CR IN PART AT ANY T E ','/ITHC ;TP .~ALT¢, BUT I ~
NOT BE ENTITLED TO A REFUND OF THE PREPAID FiNAN ;E CHAR 3E, IF ANY. i ',~A:-;E .~. ~AF qAL FREPAYME
THERE WILL BE NO CHANGE IN THE DUE DATES OR AI~/,C'J['ITS 9F MY MONYHL ',WEN 'S, [ ~LESS YOU AGI
IN WRITING TO THOSE CHANGES.
PROPERLY INSURANCE:
a. Minimum Coverage. I am requlred to provide physical daf zge ir :~r~ rca cave;*-,2
the term of this Contract agains: loss by fire, hazards inclu~ d v/itC'in t;9 term
including flood, for which you require insurance, in an ~ount eq.~al to the
ManufActured Home or the remaining unpaid balance I owe from time to time c~
The insurance policy will contair a foss payable clause Fr :ocdn_: y~u (as yc~' :,: ::
lO.day notice of cancellation to '.ou Unless you ccnser, t ir, ', ':tlrg, sh :I not az ~.: d a',
policy. I have the right to chcc~e the person through v,: n th~ p: 7ertyins-~' i. i: :bt:
coverage expires or is cancelle.~ ~rior to payment in fuIl of :h . ;. a~ :he
my expense for the remaining te:'m of this Contract. Sh, cu:d ,
obligated to, obtain insurance c.;verage. I agree that any i
interest in the Manufactured Home, may not fully protect m~ . L !c ;uc
you determine. [f you decide, in ) our sole discretion, to c~t:! ; c; :h~ act
interest at the Contract rate, will oe added to my debt. [ wi;l epay cuc: amount -'
requested by you. J underst~d b~at the insurance premiums :~,/b,} hJ~her ~ you ~u
~e ~se ~ J had purchased the ~nsurance, and ~t you m~'. ~urc~ ~se :he insur~ ~c
....... r~9.ff~e ~ prefit for ~[s se~ice.
Con ~c: : must c .:::,
fail t: m :;ntain th, _: ,'4
surer ;e '. :u purch.:;o
the, .,er: of a los:: ar
~nsur :nc, you wii~ ~c:
::~c ,;g e~ ~ufactured Hom~
: ;c,era e"~- Janyotherhaza
' of ~he ictu cash value of
iinimu.'n Covara~;
ape . an~ provide f(
.,'ce t: the insure
rd. I: my insure
:hims. n Coverag
curr }y, but are
faction of only ~
?esc;~able perio¢
:d th~: the cost, t
::olio? in the man
ronco than mighl
:cmF ~ny which r
b. Assignment and Application of Insurance Proceeds. I hereby grant and assig to ~ou th~ proceeds of any an
insurance coverage on the Manufactured Home, including any opficnal coverage, s ;h as earth ~uake insurance, whi~
type or amount is beyond the Minimum Coverage. In the ever~ of a Ices to the Manure tured Home. I sh~.il give prompt n
to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the
behalf. All physical damage insurance proceeds, including proceeds from optional ce,.
repair of the Manufactured Home, unless you and I agree ;therwiso in writing cr ~
economically practical or feasible, or your security interest ,¢, ;utd be '.essened, if suc:
feasible, or your security interest would be lessened, you she I apply :he insurance pr
of this Contract, whether or not then due, and give me an: excess. ] authorize a,-
appoint you as my limited attorney-in-fact to sign my name t: any check, draft, er c:
insurance payments.
surance ca 'tier, ~ ~u may do so o]
rage, shall :e apTiied to restoratk
~.ess sLch ;$tcr :ion cr repair
:esters:Jori :r re,: :ir is r, ot pracfic
eeds tc thc :ems ~ing unpaid bah
insure' to :a~, ~ :u directly. I he
r docu:uer nec( ;saW to obtain
LATE CHARGE: I agree to pay a late charge for late payment c: set fc::h on the frcn: c
be made on any delinquent installment regardless of the peric~ :r wh!ch that insta!Ime-
matures, whether by acceleration er otherwise, w I not be char, ~d a k~,: ~ charge.
~.is Cot:rat On', one ;~te charg{
remain~ in relay :. Aft{r this Con
EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fail to make an:, :ayme,',t w!~ ~n due; (b) I fail to
make rental p~yments, or to paycther charges and assessments, relating to the rec prefer:,/ etd/or !acility onwhich
Manufactured Home is located; (c) I violate restrictive covenant :, rules cr regulations re' ',ting to '.he real properS/and/or fa
where the Manufactured Home is lccatad; (d) I fail to keep the Manufactured Home in coed repair ~nd ccnditicn, as you
reasonably determine; (e) I remove the Manufactured Home from the address shown ;n this Con:'act u~less t notify yc
advance and receive your written ccnsent; (f) I sell or attempt '.} sell or to transfer any :eneficial interest in the Manufact~
Home without first obtaining your wr;ttan consent; (g) I allow the Manu¢¢ctured Home tc ecame par of a~y real estate witJ
first obtaining your written consent; ih) I encumber or abandcn he Mc~ufactured Hc,,mo :r use i: for hire ,~r illegally; (~ I f~
promptly pay any taxes and other liens and encumbrances on :he M~nufactured Hem ~r cn t~e ral pr:party on which
located, if this is my responsibility; and/or 0') I fail to do anything, ',se which 1 have promis : to do undo: this 3entre. ct.
NOTICE OF DEFAULT; If any of the above specified Events c: Defru:'. h&ve occurrec ou
correct my default, You will, except as set forth below, firs'. §;,, ~ me s. ~ofice of De,'zu md Ri,cbt Cu'
accelerata payment of the remaining unpaid balance I owe y3 sr re;:~ ;sass or fcr~c ~' on a y P per:
Contract. The Notice will tell me what my default is and hew [ :e~ c( ~; i:. Except c~ ;uire~ ;y z ::]is.'
required to send me this Notice wh~ (1) you have already s~r, ~ Not::} ~,',[ce with, ir, t! ;reset ng
abandoned or voluntarily surrenders J the Manufactured Home, - (3) c:' :r extreme ccc
/er i~; necessa!
Def_~[t before
whit: h secures
19 ]~./. yOU are
:r pc :,od, (2) I I'
CURE OF DEFAULT: I may cure a ~efault at any time befcr~: ~ to t U,~nufact~r:J
be at least 45 days after receipt of the Notice of Default and R.; : to C -= Default. Tc
which would have been due in the a~sence of default and accel. ~.tion; ~) the attome/
that are due; and (d) reasonable ccsts which are actually incurr: ~ for dc:aching and
site of sale. I must aisc perform any other obligation I would hay had to ;storm in the
me ,s ran art5,,~-. .... me, which
a dgf~ Jlt, ,~L;S ;ay: ~) all amo~
sse~.f rth }[o'.,, ic) a:~ylatechm
::cAin9 :he an~ .ctur J Hometo
'anco c' de ;ult.
REMEDIES UPON DEFAULT: If ] co not cure the default, ycc may dc either or bc:h:
period, as allowed by applicable la'.: (a) you can require me t: imme: ~tely pay ycu t:
under this Ccntract plus accrued imgrest or (b) you can ropes: ~ss th; Manufactured ~
give you under this Contract, If ycu are not required to send m the l';~ :ice of Defa~:l;
these rights immediately upon my default. Once you get posses.' cn of ~i 9 Manufactures
the sale, after expenses, is less th,:.n what I owe you, I wiil ~ / you :~e difference e,
remedies are cumulative and you may enforce them separate:, cr to; ther in any crd
security.
:hefclgwir; at :e en J of the nc
entire :em ~in~ ';npa'~J balance
~e pursue : to :~e security inter~
J Right to, ~re; afauk, you will h
3mey~ ur, 'sol: :. If the amountf
~pt ~s ~the ,vise :revised by law,
you d;em ~ece~s~W :o proton)
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL
e. Dispute Resolution. Any contrc,'ersy or claim between cr: :~ong · :u and me c~ c
this Contract or any agreements er instruments relating tc ~ de[iv ;d in connec::c
based on er arising from an allot;ed tort, shall, if requester!
trial by a judge as provided beJc,v. A controversy invoivin~ r qy a ~ ;Se ciaimam c
claims arising from a single transzc'don, shall be determined / arbi: :[~ as de-~cb
determined by judicial reference :f the controversy to
is venued lacks the power to ap:eint a referee, by trial by; ~udge :~hcut a jury e
AND UNDERSTAND THAT WE ARE GIVING UP THE R:; :~T TC FRIAL BY J;F
. WHETHER THE CONTROVERSY OR CLAIM IS DECID£ 3 BY RE, ITRATIC;t,
......... TR!-A.~,~Y A JUDGE,
vith :n C<
}terr:ir ~d: afl
[aim ~; s v.
belc,v An: :th,_
or, ~:.e¢ ;~',
~esc;[b
Y JdElCl, _
;ut f or relatin!
;,%h ding any ct
~t13 , referenC~
;slat ~d or asset
;tnt: ;versy shai
9re ;e controw
OU ~ND I AG[:
{ALL BE NO JL
,tEReNCE, OR
-JuUicial Reference or Trial by a Judge. If requested by either you or me, any controversy cr clem un Jar subparagrap
that is not submitted to arbitration as provided in subparagr~.ph (b) shall be determined by r fare;ce tca referee appo
by the court who, sitting alone end without jury, shall dec[do all questions of [aw and fact.
court a referee selected under the auspices of the AAA in L~e same manner as arbitrators ,.re select,rd in AAA*spons
proceedings. The referee shall be an active attorney or retir ;d judge. If the court where the :onb;.~;ers/is venued lack
power to appoint a referee, the centroversy instead shall be decided by trial by a judge withcL: a jg
d. Self-Help, Foreclosure, and Provisional Remedies. The provision; of this paragraph shall not: nit e y rights that ym
may have to exercise seE-help remedies such as set-off or r~ ;~csses:'[on, to fores!ese by po'.'. }r cf :aJ~ ; judi:ially agal~
sell any collateral or security, or to obtain any provisional cr ~nci]la.~ remedies from a cou~ ~ cc :pet. :t jur sdiction be
after or during the pendency of any arbitration under subp~r~.graph b) above. Neithe: the c -:ail ; n:' the exercise ol
such remedy shall serve as a v:aiver of the right of either you or me to demand that the e]a: : er '.ny ether dispu
controversy be determined by arbitration as provided above.
A'FrORNEY FEES: Ill prevail in any legal action or arbi:; :Ch p creating whi:h ir; corn: eno J !n ;onn-~ction wit?
enforcement of this Contract or an'.., instrument or agreemen: ~quired under this Contract, c; :n ¢ ;~n~ ion v.:[h anydi~
relating to this Contract, you will p~y my reasonable attorn%, fees, court costs and neces:~ry isbu'sements incurr{
connection with such action or proceeding, as determined by the court, the referee, or the arb: ratc:~s) in accordance witt
law. If you prevail in any such action or proceeding, or in the ex:_rcise cf any seE-help remedy as described above, I will pa)
court costs and necessary disbursements to the full extent per,-;itted by law, together with teas :nab -~ fees imposed on yc
an attorney who is not your salaried employee, provided that pr;or to commencement of legal art[on .:uch fees may not ex
$50.00 and further provided that nc attorney fees may be char~ :d prior ~o my receipt of the Not :a cf Dele ~'[t and Right to,
Default.
OTHER TERMS AND CONDIT[O.';S: I agree: (a) to pay v,[:: my m3nthly instal[moms, if, r:~ue::~d ~'.. you to do so
estimated amount necessary to .c:zy yearly taxes, assessme ts and insurance premiums t?:~t v. i be:~me due withir
next twelve-month period; (b) to pa'..' you a transfer fee if I sell t: e Manu'actured Home, unless s ;ch f :e[s :rohiUted by lay
to pay interest at the Contract rate cn the remaining unpaid be!: nco plus accrued intsrest, from '~e c zte c" mat'.--ity until p;
full; (d) to reimburse you, immediately upon your demand, wit? interest at the Contract rate, Y' ~ ar: unt ~ fun Js you act
advance on my behalf to correct rn..' default; and (e) that if, I :~ marr:cJ, and res[.fi!.-g ir acc' nut .' F: :e~ state, boti
communitypropertyandseparate~-~pertyw be abeforall; ment:dueunder'.h:C ntra::
ASSIGNMENT: You may assign t~:: Contract to any person c- ;:[~/. ~. r:shts gra;':;d t you . Jo: ;~ L ntre: shall apl
any assignee of this Contract.
CREDIT INFORMATION: You m~. 'nvest[gate my credit hi~:: ' ~nd ; ,~,~" capet;:. ]n c ;nna: :n : c
my account and share information ;.:out me and my account ,, :n cre~: reporting ~;enc es. Y ; m ~e
information about me, including ins.."ence information, to all ¢~i- ;~ v;h: m3y lawfuI:y receive s; ~ in -,T.;
specific informction about the Man Jactured Home and any i; :uranco policies on the ',fanuf: :tut. : Hc
agent to enable such agent to quote premiums to me and so[iclt ny insu;ence business.
~nin~ and colle
3r c: ~p,v[ss ful
:,n. ~.~u may ful
~e tc ~ny insun
WAIVER: Waiver of any default sh}:l net constitute a waiver
unless in writing and signed by one :f your officers. This Cantr~
implied representations have been mede to induce me to enter
any o'her default, ;;o t'rm cf '~is :n~; :t s~ ~][ be chal
is tho )ndre agreement betwe ~ uc ~nd ~ ~grec that no or
:o this ( ontract.
VALIDITY: Wherever possible eacr provision of this Contract ~1] be nterpreted in such man ]r ~-: to i } effective and
under applicable law, but if any prc.!sion of this Oontract she;i ;e proh:~ited by or i~valiJ undo apF ;abl law, such pr(>/
shaJl be ideffecfive only to the exte2', of such prohibition or inv¢ Jity, ~.it3out invalids: ng :he re; zinc :r of :uch provision o
remaining provisions of this Contras:. This Contract shall be of n ~ effec: :ntil and unless s']ned ? me ~nd ou. Ir no event
any charge under this Contract exceed the highest amount ail~ ,','ed b/ applicable l::,,v, h any ~ :es ;ho e[s received,
excess shall be refunded or applied :~ the amount due.
GOVERNING LAW: Each provision :f this Contract shall be c~.' .... d a~'cordanc: ~?; 3nd _: ,'er
of Pennsylvania, provided that to th~ extent you have gre~'.er g~ts c: remedies .:er rede', la',
shall not be deemed to deprive you cf such greater rights and re nedies '. rider Fedora: !sv,.
:; he :,: .rs of the~
.Lc chc:;a of state
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS Sb]JECT TO ALL CLAP,'.; AND DEFENSES WHICi
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF 3CODS OR SERVICE.; OBTAINED PURSUAN'
HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEF EUNDER BY THE DEE OR SHALL NOT EXCEE[
AMOUNTS PAID BY THE DEBTOR HEREUNDER.
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTF ICT, INCLUDING THE ~ARAGR~ .~H CALLING
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TR: L BY A JUDGE, AN:: NCT BY JURYTRIAL,
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGF -:EMENT A~;D T~iAT ,~ 3 CTHEE PRC,~IISES HI
BEEN MADE.
ACCEPTED: The oregaingConffactishere[:/a.sslgnedunder~eterms I if yOU ¢ ) not meet y:ur (~
of ~eAssi~nmenton pa~e7, may Io[ : your manuf~=tur~
SELLER:
SELLER'S
ADDRESS;
SELLEFI'S
SIGNATURE:
SELLER'S
TITLE:
COUNTRY SIDE VILLAGE HOMES
31 WALNUT BOTTO:'.' ROAD
SHI P,~NSBURG, PA 172570000
Notice t: Buyer: Do not si~
You are entitled to an exa
you sigm Keep it to protect
9UY~R(S) 5~ ] NATURE(S);
--~E: ~A S. TP?~LCR
mt:act ~ bli~c]tions, )
d home.
] this Contract In bla]
:t copy of the Contr~
/our legal rights.
2ATE CF T: ~ CON~'P~_ C'T:
I AGREE TO ALL THE TERMS ON ALL PAGES CF TH RETA!L .:,:L ;'AL ,IE.~T C )NT:IACT A[~
ACKNOWLEDGE RECEIPT CFA COMPLETED CC~Y O? 7HIS CC:. 7R CT.
($1g~ect~uyer (J, :alure ta-~uy~r)
ASSIGNI~!E[1T BY SE LER
TO CREDITOR !NDICATED ON PAGE 1 ("Creditor")
With respect to this retail ins:aliment contract ("Contract') Sight by one cr r~ ;re .:uyer
and warrants that: (1) Buyer's cred[: ~tatement submitted here',v:th is c', :pleteiy acc:.:ate ~nles
was legally competent to contract a: r:he time of Buyer's execution of t' ~ Contract; ,.2,) t !s Cc
sale of the merchandise described in this Contract; (4) the dcwn ,uayme~ ,vas made ~::, Bt. er in
and no pa~ thereof was loaned direc:;y or indirectly by Seller to Buyer; :) any trade-n, c: othe:
part of the down payment is accurately described on page 2 and has b~ n vaJued a: ;ts ~..na fi:
on such traz~e-in or other I:rope~/ is accurately described on pa ~ 2 and has ~.~en ;
contemporaneously with the assignm sat of this Conb'act to Creditor; (6): ere is now c.,vin: on t,~
herein; (7) this Contract and any guaranty submitted in connection her~/ith is in el! -esF cts [:
purported signatory thereof; (8) Seller ha~ the right to assign thic Ccntr: : and there,.' to cnw
of any claim or defense assayed b! any Buyer, or any heirs c: ass!§:
other property or consideration transferred pursuant to this ret-* i :nstaIlm
Creditor harmless from all such claims and defenses as we[J a~ frcm
therewRh, inclucing but not limited :-~ reasonable attorney fe~s and
Reporting Act, Seller has notified Su'; er that this Contract is to k e submi:
For value received, Sailer h reby assigns to Cred[tcr
which is the suSject matter he:ncr a ~ authorizes Creditor tc
.... ~terms of anv.~.stin~ written a::re&: .his between Seller ~
cf Buyer,. th: spa,
it contract,/~Jlc agra
· costs reacLna /ins
:t costs; a,~ ' (i) [n
d to Credk:r.
% t~tle and ::tn st in
ng neces~: 7 t
"Bt,yer"), ELLER represet
:therwise ;pec?ied; (2) Bu)
~act arose from the bon~ fi
~sh unless ~therNise specifi,
enslderatJ ;n, received as a
vel JO, an J any amount ow~
d off by Seller prior to
Ccntr~ct: te amount set
ally enforc ~abk- against ea.,
:sc ] title t; it; (~) in the eve
3 t. e Ma: ;fac: Jred Home
that it wiL nder mify and hc
~d sy Or, ~itcr ;n connectl(
;cr0. anse ,';th t~e Fair Cre<
Contra ; an,': [he proper
an ~ disc zrge same. All ~
GREENPOINT CRIES'IT L:LC
GREENPI]!~'; CRED[T LLC
C)
NOTICE OF D EFA UI. ¥
August 6, 2004 GREE>~OEX;T CRAED[T, LLC
P.O. D~UX 507
MEMPHIS. T~; 3 ':_"
888 4-2-'338
RE: Manufactured Homr Loan -- Account# 000006130326l£>0001
LESTER W. YOHE
114 RUSTIC DRIVE
SHIPPENSBURG, PA 1-257
You ar~now in default or, your Manufactured Home Loan Con:cart. f e.t cc:cc:re cbc 3c5, !r, y,:;: ay contin:~; with the
contra~t as though you did not default. Your default consists o:- Pailur: :~' make ri:holy ?.3 ::, :nts ,2: ~' ~e or more. nstallments as
agreed to in the terms of :~e contract.
Thirty-one (31) days after :he date of this nodce, we may hu~ e t~e rigk: :o zom::tence lc.4z~I Ir:don z~ ~t', repossess 'our
manufactured home.
Cure of deSault: You ma: cure yo~ default by making pa?men: in thr ,moan: indicated 5.:i,~w:
Past Due M ;n:hly Payment(s) $ 1,13 .47
Late Charg:: s) $ 39.56
Total Due l';ow $ 1,17 i.03
Creditor's right: Any p~. :iai payment of the amount due ~.~ hic}-~ is recc!'.ed by us will ~:,~ aC lied :c ,,:,ur accoun:. You will need
to pay the full amount b~ :he date indicated above in order :o c'.:re you' doSt:dr. If you do n,: cor':,: :~ your dcSuu t within 31 days
due from :he postmarked lace of this notice, we may exercise e:r rich :t~ fins: you trader ::;~' lax~ ::y a:celerating your debt and
either repossessing your: :anufacmred home or, ifnecessa:% b:[ngin7 ~ocix rtz:cica co ,~,b: ~ ~ pos~ :s ion of you manufactured
home.
k~weelec:roexerciseou:fightsagainstyoubyrepossessi~no:hem: .5~cz:~:cdhon:c'.c, nay.: ,wtimebcbre~esellor
otherwise dispose of the ~anufactured home or enter into ~ c ~':', rac~ 5 :cs stir ,)r ocher di:, sill(: ! ,'hich sh~tI ~ at least 45
days after postmark of th~s nodce), redeem the manufactu:':d n, :ne b': ;5 rag :~ ztll am 2x:t due ~ expenses zasonably
incurred by us in detachi:-g and transporting the manufkcc:~rcd ,~me :~ ~c size o{ :Ne sclc ~: ', our: ;:onaSle ac: mey's fees, to
the extent permitted by Il :, plus court costs.
you have any question: ..,.Nte to us at the address above ,~,: ::: [ mc :: ur, : :1:~:~ :: ed :: : bc:,~ecn te ho:irs of 8:00
t~m. and 5:00 p.m., Men: t5 :brough Friday.
[£thisdeS~ultwascausec!2;.yourfailuretomakeapaymc:~:,~'r >ayres: .~nd' 721 V~LI: :Z(2 l~'.rbL :::il. plcase~- ndacheckor
money order. Do not sen,I cash.
CC: File
any 'additional regular i q. ment becomes due during this cu:e oeriod ~i- pay:l~.Cnt nil,_: ::] c> bc :? ~i,l in order :: avoid any
5arther defitult, This cot'. :spondence is an attempt to collect :t t:bt an, :;ct: init ::nation ,A'::~aed v. 1] be used fo, that purpose.
PA (144) 095-I 1-0000, 61303261-00001
Via Cernfied Mail: 7103 5580 3025 1290 41201
NOTICE OF D .;FAU1
August 6, 2004 GREEh2~O ~T
P.O.
MEMD I~S,
888
RE: Manufactured Hornc Loan -- Account # 0000061303261 ( ')001
REBECCA S. TAYLOR
114 RUSTIC DRIVE
SHIPPENSBURO, PA 1-:57
You are now in default o: ,our Manufactured Home Loan Con :ac;. [ ,_,.~ cc:J_'c: th: deS: , ?. nay continL~: with thc
contract as though you did not defanl~. Your default consists or' failure., chase :imdy pa5 ::~ ::~ts ~<' ,ne or more iastallments as
agreed to in the terms of:~e contract.
Thirty-one (3 I) days after the date of this notice, we may ha~ e :~e right :o commence legal ~,;5on ~d reposs~s ,.'our
manufactured home.
Cure of'default: You mai care your default by making pa,:mcr,: in ~n¢ ::hoLm: h~dica:cd bc v:
Past Due M n:hly Payment(s) $ 1, I3: .47
Late Charg:: s) $ 3!;.56
Total Due F:.~w $ 1,17 .03
Creditor's rights: Anyp~ :i~d payment of the amount due ,,~icl isrec cd~. :s ,,,ill
t~ pay the full amount by :h~ date indicated above in order :~ c :e ?er :c.':~l: ::'yo~: :
due from the postmarked l~t:eofthisnotice, wemayexerc~cc :nS ;~::.:7 ,2~:;:
either repossessing your anu£actared homeor, ifnecessa:-;. 5 ngm7 :, ::: :: :: n:
home.
:rd our nccoan You willneed
your deSat: ~ within 31 days
acceleratiT. ' your deb~ and
[.f we elect ~o exercise ou rights against you by repossessi,:n vi :he m: 2,:h~:c i mr:: ':, ct>, my :ime be bre we sell or
otherwise dispose ofthe mnufactured home or enter into n c,.':~ :ac : S: :::sdc :o:n: i: i:b_ whichshal!3eatleast45
days affer postmark of th s notic¢), redet*rn the manufacturcd a, neb; ~Sin~ n!la:x;.z~:x luc' ~expenses::aSonably
incurred by us in detachi: g and ~ransporting the manu~acm:'ed ,-'me :e ~e s~::, i :ne s:~:c, : our :sonable at: mey's fees, to
the extent permitted by h .v, plus court costs.
you have any question:, wh:e to us at the address above ~:7 m 71 me t ~_' 3v:::c nut: ~: :7 :d :' e Ye:,.~een ~e hours of 8:00
am. and 5:00 p.m., Mom ay ~.hrough Friday.
If this de.¢ault was caused by your failure to make a payment or .,ayTnc ', .:tnd 5 >u ~ ~t:: :c > b> :til, please s.:: ad a check or
money order. Do not ser. I cash.
CC} File
[£ any additional regular t ayment becomes due during this cu:'~ oehed, d~ ?<' ~cnr :2. -_: 2 bcd in order v,~ avoid any
further default. This cor: zspondence is an attempt ~o collect ~[d :bt uno :i ~n: mari,: ,~: :cci ~, be :~scd fc ~hat purpose.
PA (144) 095-11-0000f 61303261-00001
IVia Certified Mail: 7103 5580 3025 1290 41371
VERIFICATION
1, Natalie M~c, I,egaI Processor, mhd duly authorized representative o1' Greenpoint Credit
LLC, do hereby depose ~d say subject to the penalties o1' 18 Pa. C.S. § 4904 r~latiag to unsworn
IhlsificatJon to authorities, ttmt the fac'ts sct forth in the lbregomg Cmnplaint in Replevin are true and
correct ro thc best o1' my in'lbrmation and belief.
Natalie Marc
l..egal Processor
Greenpoknt Credit !,LC
SHERIFF'S RETURN
CASE NO: 2004-04949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
YOHE LESTER W ET AL
- REGULAR
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
YOHE LESTER W
DEFENDANT , at 1320:00 HOURS, on the
at 114 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
JESSICA TAYLOR,
a true and attested copy of COMPLAINT -
was served upon
the
4th day of October , __
2004
by handing to
PERSON IN CHARGE
REPLEVIN together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.80
Affidavit .00
Surcharge 10.00
.00
42.80
Sworn and Subscribed to before
me this /3~-~ day of
([~3~, ~Lo-o~ A.D.
~00~, '~ P~oth
onotary ' !
So Answers:
R. Thomas Kline
i0/05/2004
VOELKER & ASSO~;/} --
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-04949 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
YOHE LESTER W ET AL
SHAWN HARRISON
Cumberland County, Pennsylvania,
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
4th day of October , __
by handing to
together with
says, the within COMPLAINT - REPLEVIN
TAYLOR REBECCA S
DEFENDANT at 1320:00 HOURS, on the
at 114 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
JESSICA TAYLOR, DAUGHTER
a true and attested copy of COMPLAINT - REPLEVIN
2004
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /~--~ day of
~[~.~[~-~.f~,.. ~.2. ~Z) ~ A.D.
/ 'Prothonotary --
So Answers:
R. Thomas Kline
10/05/2004
VOELKERBy: & ASSO~~/~
o~/12~u~y ~iff
IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, pENRqSYLYANIA
CIVIL DIVIS~[ON
Greenpoint Credit LLC,
No.04-4949 Civil Term
Plaintiff,
v. S
Lester W. Yohe and Rebecca . Taylor,
Defendants.
Praecipe to Mark Discontinued
To the Prothonotary:
Kindly mark the above matter DISCONTINUED without prejudice.
VO~LKER & ASSOCIATES, P'C'
C---~aad R. Callaha
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219-1604
(412) 765-0542,
o and subscribed
Swrn~ _ ~ O e ~-t.-~
be this ~__~__~ day o~ ~
_,2004