Loading...
HomeMy WebLinkAbout04-5176IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiffi V. Julie A. Weaver, n/k/a Julie A. Paige, Defendant. CIVIL DIVISION No. 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, Plaintiff, CIVIL DIVISION No. Vo Julie A. Weaver, n/k/a Julie A. Paige, 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 71%249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, Plaintiff, Julie A. Weaver, n/k/a Julie A. Paige, Defendant. CIVIL DIVISION No. 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. Julie A. Weaver, n/k/a Julie A. Paige, hereinafter referred to as "Defendant," is an individual whose last known address is 222 Constitution Way, Duncansville, PA 16635-8419. 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 March 3, 1998, Defendant entered into a "Retail Installment Contract, Security Agreement, Waiver of Trial by Jnry and Agreement to Arbitration or Reference or Trial by Judge Alone," hereinafter retErred to as the "Security Agreement," whereby Defendant purchased and financed from Country Side Village Homes, Inc., a 1998 Redman Homes 7138 manufactured home (serial no. 12232946) with certain furnishings, equipment, appliances, and accessories included at the -1- time ofpumhase, hereinafter collectively referred to as the "Manufactured Home." A true and correct copy of the Security Agrec<aent 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 43 Country View Est, Newville, PA 17241. 5. The Security Agreement was assigned for value to Plaintiffs predecessor-in-interest, BankAmerica Housing Services, a division of Bank of America, fsb, on or about March 3, 1998, as permitted by the Security Agreement. 6. The Security Agreement was subsequently assigned for value to Plaintiff as permitted by the Security Agreement. 7. Pursuant to the Security Agreement, Defendant promised to pay the financed amount of $45,295.50. 8. As security for the loan, Defendant, by the Security Agreement, granted Plaintiff's predecessor-in-interest a security interest in the Manufactured Home. 9. Plaintiff's predecessor-in-interest 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. 10. Plaintiffavers that the approximate retail value of the Manufactured Home is -2- $32,730.00. 11. Defendant has defaulted under the Security Agreement by failing to make payments when due. As of October 8, 2004, the delinquent payment amount due and owing from Defendant to Plaintiffis $1,279.35. 12. As of October 8, 2004, the amount owed by Defendant to Plaintiff, not including costs, attorneys' fees and damages for the unjust retention of the Manufactured Home, is $43,830.29. The interest on said amount is accruing at the daily rate of $5.80. 13. Defendant has failed to surrender the Manufactured Home upon Plaintiffs demand. 14. On July 8, 2004, Plaintiffprovided Defendant with a Notice of Default, a true and correct copy of the same is marked as Exhibit "C" and is attached hereto and made a part hereof. 15. Plaintiff is now entitled to immediate possession of the Manufactured Home. 16. 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 $32,730.00, plus attorneys fees in the amount of $600.00, costs, interest from October 8, 2004, and damages for the unjust retention of the Manufactured Home. -3- Respectfully submitted, VOELKER & ASSOCIATES, P.C. Chad R. Callaban Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219 (412) 765-0543 -4- ~'ENNS~I:.VANIA MN VAR/ABLE RATE CONTRACT RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT, LO~P~N~ A0I 022698 WAIVER OF TRIAL BY JURY AND AGREEMENT TO FO, OFF[CE NUMBER: 79 0 ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE oFnCE LOAN SOURCE NO,: ? 5019 '1 (Contract) USE ACCT. BUYER(S): NAME: 0'-L~I~TE A. WEAVER ONLY FUNDING CODE: NAME: NAME; .. BUYER'S NAME: COUNTY: ADDRESS: 1 WILDWOOD BUILDING .... "' cn-Y:MIDDLETON - ' ~TATE PA riP: .17057 PHONE: 944-J284 _S. SEC.#(S):174-56-6431 -- .___ PROPOSED LOCA~ON OF MANUFACTURED HOME: 4 ~ COUNTRY VIEW ESTATES, NEWVILLE, PA 17241 "1," "me," "myself" or "my" mean all persons who sign this Contract as buyer or co-buyer, jointly and severally, and "you" or "your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and, if approved, it will be assigned to that Creditor. On the date of this Contra~t, I buy from you on a credit ssle basis the manufactured home dascfibed on page 2, together with fumishings, equipment, appliances and accessories included in the manufactured home at the time of purchase (called "Manufactured Home"). CREDITOR:BANKAMERICA EOUSING SERVICES, A DIVISION OF B~a~Ni~ O~ AiqERICA, FSB PROMISE TO PAY: t promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of this Contract (Item 5) with interest at the initial rate of 7.75 % per year. The interest rate I will pay will change in accordance with the provisions of this Contract. ~ will pay this amount in installments as shown [n the payment schedule, or as recomputad due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 03/0~/28 , I.$fill owe any amount under this Contract, I will pay such amount in full on that date, which is called the "Maturity Date.' Each monthly payment will be applied as of its scheduled due date. If no interest rate is disclosed above, the initial interest rate is the AnnuaJ Percentage Rata shown below. INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest ets may change 11 months after my first payment is due and every 12 months the~:eefter based on.movements in thff monthly average yield on United States Treasury securities ad. iusted to a constant maturit~ of one year, as made available by the Federal Reserve Board, which is the index rate. My interest rate cannot increase or decrease by more than 2,00 % et e. ny interest rate change or by more than 5 · 00 % over the term of the Contract. The interest rate will equal the index rate in effect 45 daye betore_th_~jnte?est rate change date plus a ma~lin of 3,75 %. (rpunded to the NEAREST 1/8 ._ of one percentage point) unless the interest rate caps limit'the am6~nt ct change' in"the interest rata. If this index rate Is no longer available, you may choose a new index that is based u~on comparable information. ANNUAL PERCENTAGE RATE The cost of my c~ed[t a yemly rate (which is · u~ject to chsar~g~)~ · % FINANCE CHARGE The clolla~ amount ~e ~redlt wt[I ~ost me (which L~ subject to change): $ 85,183.62 Amount Financed The amount of credit provfded to moor on my behalf: $ 45,295.50 Bee it7 (page 2) Amount of Payments S 324.51 $ 363.75 S .00 $ .00 Total of Payments The amount I wil] ~ave paJd after I have made all payrnenL~ as scheduled (baaed on ~he curr~nt A~nual Parcentega Rate which Is subJeot to change): $ 130,479'.12 Total Sale Price The to~l cost of my purchase on (which Is subject to ~ange) in~uding my do~ $ ~, u0u.00 : $ 135,479 .1~ To~ Pay. ~ ~ P~m~t W~en Payments ~ Monday, beginning APRIL 01 ,19 Monthly, beginning APRIL 01 ,19 , Monthly, beginning ,19 Monthly, beginning ,19 98 99 Seourl~: I give you a security interest in ff~e goods or propers/being purchased. Late Charge: Ifapa~entis~ 15 days~le, lwilibe~ ~ ~of~ounpald~untorsu~pay~n~n0~ex~ S 5.00 V~lable Rate: My Con~a~n~ns a v~le ra~ foams. Die.res ~ou: ~e ~dable ra~ fea~re have been pm~ad ~ ~ ~ler. o~n~ te~s, ~e aSove disclosur~ ~e b~ed on terms in effe~ on ~e date this Contra~ is sign~. ~f ~e interest rate ~ges, a~ Amount of Payments, Annual Per~n~ge Rem, Fin~ Chugs and To~ of Payments wi[~ be ~ove. Deeorlption of Manufactured Home: MODEL: 73.3 8 L~NGTH: 50 fL WlETTH: 28 fl. I I II SERIAL NUMBER I AoornONAL AIR CONDITNG ACCESSOriES DECKS AND FURNISHING~ SHED 622~98 ...... ITEMIZATION OF AMOONT FINANCED 1. Ca~h Prk~ (Including Sales Taxof $ .00): .................. $ 50,000.00 2. a. Cash..Dm'mPayment ........ $ 5,000.00 b. Tra. de_-!n (Year, Make, Model): Lengt;3 . . Widlh Grns~Valus$ .00 Manes Net Tfade-ln. VaJue ........... TotaJ Down Payment .............................. 3. Unpaid Balance 0f Cash Price (1 minus 2) 4. Amounts paid to others on my behalf:,~ a. To Insurance Companies: _ (1.) Pro. perry Insur. ance ...... (2) Credit Life Insurance.... b. To Public Officials: (1) Cer~cate of Title ......... (2) FILiNG FEES -- c.. To creditor: .' For: d. To: .e. To: .00 .00 5,000.00 45,000.00 268.00 .00 22.50 5.00 $ .00 $ .00 $ .00 $ .00 $ To: For: 295.50 45,295.50 To: For: .00 h. To: For: Tot~_ (_.a.+ b + c + d + e + f~+ g ~- h~ ...... $' 5. Unpaid Balance (3 p~us 4) ........................ 6. Prepaid Finance Charge ......................... $ SKIRTING ANCHORS GUilT.S- -. ..... iN--~I3RANCE PRopERTY INSURANCE: Property Insurance on the Manufactured Home Is required for the term of this Contract. I have the right to choose the peach through whom it is obta~neq. By marking the appropriate line below, I elect to buy the coverage indicated from you for the term and premium shown, end I want it financed on this Contract Type of Insurance Term Premium 268.00 X ~h~oa~ ,cwerag.' !2~OS $ LIAB]~ INSU~NCE COVE~GE FOR BODILY iNJURY AND PROPER~ DAMAGE CAUSED TO ~HERS IS NOT INCLUDED UNLESS INDICATED IN THE PROPER~ INSU~NCE SE~ION ABOVE. CRED~ LI~ INSURANCE: Ored~ ~e Inaumn~ is not required for ~is Con~ or a favor in i~ approve. If I ele~ Credit ~e lnsumn~, ~e name(s) d ~e pm~ced insured(s) ~e: Pro~s~ Insured Pro~s~ Insured -- (On~ s~use can ~ insum~ jointly.) ~is insuran~ may not pay off all of my deb~ ~d ~e e~ amount d coverage is shown on my poli~ or ce~i~te. My signature indi~tes my albion to obt~n Credit ~fe Insuran~ coverage for ~e te~ and premium sho~: Type of Coverage Te~ Premium ~ Singl9 ...... $ __ Joint $ Date (sign;~ture) 7. Amount Financed (5 minus e) ................... $ 45,295.50 * I understand and agree that a portion of certain of these amounts may be retained by you or your affiliate. Date (signaium) (If joint coverage is desired, both proposed tnaureds must sign.) ORIGINAL COPY ADDITIONAL TERMS AND CONDITIONS VARIABLE RATE: a. Monthfy Payment Changes. My monthly payment amount will change each time my interest rate ls adjusted. The monthly payment amount will fully amortize the remaining unpaid balance at the adjusted intereet rata in equal monthly payments over the remaining term of this ContracL ~ ~ ' b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate and monthly payment at least 25 days before the adjustment. This notice wnI cbntaln information about the indeX rata, interest rate, payment amount and remaining unpaid balance. c. Conversion to Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginning ZERO years from the date of this Contract and ending 30 ' years from the date of this Contract. In order to convert to a fixed ra{e,-I mu~t ~-ot be in-de'SUit unc~er t~-e terms of this Co6tract, I must notify you in'~nt-~r~-g-~ desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee. The new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive my written notification. The new rD(ed rate will take effect on the "Convemion Date," which shall be my next payment due date that is at least 30 days after your timeJy receipt of a revision agreement signed by ail Borrowers together wifft a nonrafundabla conversion fee of $ 200.00 . ~h-&-n-ew fi~ed rate and the Converslo9 Date ara subject to change if my revision agreement and fees are received after the date specifie~ in the revision agreement. My new' payment amount will be effective with the first payment following the Conversion Date. SECURI'F~ INTEREST: I grant you a security interest under the Uniform Commemial 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 furnished with the Manufactured Home (whether or not installed or affixed to it) Including but not limited to the items listed as "Additional Accessories and Furnishings" on page I of this Contract, (3) any refunds of uneemed insurance premiums financed in this Contract, (4) any substitutions or replacements of the foregoing, and (b") all proceeds of such Manufactured Home and acoassions, and of any Additional Accessories and Furnishings. This security interest secures payment and performance of my obligations under this Contract, including any additional debt arising because of my failure to perform my obligations under this Contract and inctudes any contractual extensions, renewals or modifications, My execution of this Contract constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I will sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your security interest in any personal property and fixtures, l 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 spacitied above. Any reproduction of this security instrument or any other sesurity agreement or financing statement, and any extensions, renewals, or amendments thereof, shall be sufficient ta perfect a security interest with respect to such items. PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. 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. PROPER'P( INSURANCE: a. Minimum Coverage. I am required to provide physical damage insurance coverage protecting the Manufactured Home for the term of this Contract against loss by fire, hazards included within the term "extended coverage" and any other hazards, including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of the Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage"). The insurance policy will contain a loss payable clause protecting you (es your interest may appear), and provide for a 10-day notice of cancellstion to you. Unless you consent in writing, I shall not add any additional loss payee to the insurance policy. I have the right to choose the parson through whom the property insurance poltcy is obtained. If my insurance coverage expires or is cancelled prior to payment in full of this Contract, I must obtain no [ess than the Minimum Coverage at my expanse for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are not obligated to, obtain insurance coverage. 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 fol' such reasonable period as you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus interest at the Contract rate, w~[l be added to my debt. I will repay such amount during the term of the policy 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 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 ail 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 loss to the Manufactured Home, I shall give prompt notice to you and the insurance carrier. If I fail to promptly not]fy or make proof of loss to the insurance cartier, you may do ac on my behalf. All physical damage insur~.noe proceeds, including proceeds from optional coverage, shall be applied to restoration or repair of the Manufactured Home, unless you and I agree otherwise in w~ting or unless such restoration or repair is not economically practical or feasible, or your security interest would be lessoned, if such restoration or repair Is not prec~cel or feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance of this Oontract, 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 attomay-in-fast to sign my name to any check, draft, or other document necessary to obtain such insurance payments. LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this Contract. Only one ]ate charge will be made on any delinquent installment regardless of the period for which that instaJlmant remains in default. After this Conttact matures, whether by acceleration or otherwise, I will not be charged a late charge. RETURNED CHECK CHARGES: I will pay you the actual charge of the dishonoring institution (or such higher arnount as allowed by law) if any check given to you is not honored because of insufficient funds or because no such account exists. EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fail to make any payment when due; (b) I fail to timely make rental payments, or to pay other charges and assessments, relating to the real property and/or facility on which the Manufactured Home is located; (c) l violate restrictive covenants, rules or regulations relating to the real property and/or facility where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you may reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you in advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneficial interest in the Manufactured Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate without first ob~ining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally;, (i) I fail to promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it is located, if this is my responsibility; and/or (j) I tail to dc anything else which I have promised to do under this Contract. NOTICE OF DEFAULT: If any of the above spec'n'ied Events of Default have occurred, you may do whatever is necessary to correct-my default. You will, except es set forlh 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 Cont,'act. The Notice will tell me what my default is and how I can cure it. Except as required by applicable law, you are not required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) i have abandoned or voluntarily surrendered the Manufactured Home, or (3) other ex. ems circumstances exist CURE OF DEFAULT: I may cure a default at any time before title to the Manufactured Home is ~ansferred from me, which will be at least 45 days after receipt of the Notice of Default and Right to Cure Default. To cure a default, I must pay: (a) all amounts which would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late charges that are due; and (d) reasonable costs which are actually incurred for detaching and ~ansporting the Manufactured Home to the site of sale. I must also perform any other obligation I would have had to perform in the absence of default. REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following at the end 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 Contract plus accrued interest or (b) you cen repossess the Manufasturad Home pursuant to the security interest [ give you under this Contract. If you are not required to send me the Notice of Detault and Right to Cure Default, you will have these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount from the sale, after expenses, Is less than whet I owe you, I will pay you the difference except as otherwise provided by law, All remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect your ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL: a. Dispute Resolution. Any cont;oversy or claim between or among you and me or our assignees arising out of or relating to this Contract or any agreements or instruments ralafing to or delivered in connection with this Contract, including any claim based on or arising from an alleged tort~ shell, if requested by either you or me, be determined by arbitration, reference, or trial by a judge as provided below. A controversy involving only a single claimant or claimants who are related or asserting claims arising from a single transaction, shall be determined by arbitration es described below. Any other controversy shall be determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the controversy is venued lacks the power to appoint a referee, by trial by a judge without a ~ury, as described below. YOU AND I AGREE ORIGINAL COPY AND'UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO JURY WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR BY TRIAL. BY A JUDGE. b. Arbitration. Since this Contract touches and concerns interstate commerce, an arb~abon under this Contract shall be conducted in accordance with the United States Arbitration Act~('~tle g, United States Code), notwithstanding any choice of law provision in this Contract The Commercial Rules of the AmeHcen Arbitration Association ("AAA") also shall apply. The arbitrator(s) shall follow the law and shall give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator(s). The award of the arbitrator(s) shall be in writing and include a statement of reasons for the award. The award shall be final. Judgment upon the award may be entered in any court having jurisdiction, and no challenge to entry of judgment upon the award shall be entertained except as provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice. o. Judicial Reference or THai by a Judge. If requested by either you or me, any controversy or cJaim under subparagraph that is not submitted to arbitration as provfded in subparagraph (b) shall be determined by reference to a referee appointed by the court who, sitting alone end without jury, shall decide all questions of law and fact You and I shall designate to the court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponsored proceedings. The referee shall be an active attorney or retired judge. If the court where the co~ltroversy is venued lacks the power to appoint a referee, the controversy [nstead shall be decided by trial by a judge without a jury. d. Self-Help, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or I may have to exercise sail-help remedies such es set-off or repossession, to foreclose by power of sale or judicially against or sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of compatant juriediction before, after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of any such remedy ehaJl serve es a waiver of the right of either you or me to demand that the related or any other dispute or controversy be determined by arbitration as provided above. A'~i'ORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with the enforcement of this Contract or any instrument or agreement required under this Contract, or in connection w~th any dispute relating to this Contract, 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, the referee, or the arbitrator(e) 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, ] will pay any court costs and necessary disbursements to the full extent permitted by law, toge~er with reasonable fees imposed on you by an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not exceed ,'~50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure Default. OTHER TERMS AND CONDITIONS: I agree: ia) 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 Home, unless such fee is prohibited by law; (c) to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of matudty until paid in full; id) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually advance on my behalf to correct my default; and (e) that if I am married, and residing in a community property state, both my community property and ceparat~e property will be liable for all payments due under this Contract. ASSIGNMENT: You may assign this Contract to any person or entity. All rights granted to you under this Contract shall apply to any assignee of this Contract. 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. You may sail or otherwise furn{sh information about me, including insurance information, to all others who may lawfully receive such information. You may furnish specific information about the Manufactured Home and any insurance policies on the Manufactured Home to any insurance agent to enable such agent to quote premiums to me and solicit my insurance business. WAIVER: Waiver of any default shall not constitute a waiver of any other default. No term of this Contract shaJI be changed unless in writing and signed by one of your officers. This Contract 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 Contract. VALIDITY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid under appticable law, but [f any provision of this Contract shall be prohibited by or invalid under applicable raw, 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 Contract. This Contract shall be of no effect until and unless signed by ma and you. In no event shall any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, such excess shall be refunded or applied to the amount due. QOVERNIN(~ LAW: Eac~h provision Of this Contract shall be construed in accordance with and governed by the la. we of the state of PennsyNanla, provided that to the extent you have greater dghts or remedies under FederaJ law, such choice of state law shall not be deemed to deprive you of such greater rights and remedies under Federal law. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALMNG FOR RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURYTRIAL, AND AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE BEEN MADE. ACCEPTED: The f~rego~ng Conl~a~t Is hereby a~tgned under ~e term~ of Re A~signment on page 7. COUNTRY SIDE VILLAGE HOMES INC SELLER: DRESS: 202'3 LINCOLN WAY EAST _ o oooo If you do not meet your Contract obligations, you may lose your manufactured home. Notice to Buyer: Do not sign this Contract in blank. You are entitled to an exact copy of the Contract you sign. Keep It to I~rotect your legal rights. I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AND 7~WLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT. - (Signature of BUyer) ...... (Slg~a~ure of Co-Buyer) ~ ORIGIN~ COPY ASSIGNMENT BY SELLER TO CREDITOR iNDICATED ON PAGE 1 ("Creditor`) With respect to this retail installment contract ("Contract") signed by one or more buyers ("Buyer'), SELLER represents and warrants that:. (1) Buyer's credit statement submitted herewith .is completely accurate unless otherwise spec'ified; (2) Buyer was legaJly competent to contract at the time of Buyer's execution of this Contrant; (3) this Contract arcee from the bona fide sale of the merchandise described in this Contract; (4) the down paymant was ma~e by Buyer in cash unless otherwise specified and no part thereof was loaned directly or indlrectJy by Seller to Buyer;, (5) any trade-in, or other consideration, received as any part of the down payment is accorataiy described on page 2 and has been valued at its bona fide value, and any amount owed on such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set forth herein; (7) this Contact and any guaranty submitted In connection herewlffi is In ail respects legally enforceable against purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good tiffs to it; (g) in the event of any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home or other property or consideration transferred pursuant to this retail installment contract, Seller ~greee that it will indemnify and hold Creditor harmless from all such claims and defenses as well as from ell costs reasonably incurred by Creditor in connection therewith, including but not [imitad to reasonable attorney fees and court costs; and (10) In accordance with the Fair Credit Repo~ng Act, Seller has notified Buyer that this Contract is to be submitted to Creditor. For value received, Seller hereby assigns to Creditor all its fights, tiffs and interest in this Contract end the property which is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All the terms of any existing written agreements between Sailer and Creditor governing the purchase of Contracts are mede a part hereof by reference, it being understco~ that Creditor relies upon the above warranties and upon said agreements in purchasing this Contract. i ODOMETER DISCLOSURE EXERPT 8Y FEOERAL'LAH JUL~E A HEAVER ~ ~OUNTRYV[EH EST NEH~L~E PA BANX OF APIER[CA FS8 03100? BANK OF ANERICA FSB 4DO SOUTHPOINTE BLVD STE 230 CANONSBURG PA 15317 STREET YPE OR PRIN'~ C,e ~i~icate of Title must be ~t~ltled within 20 d~ys. un~es~ the purchaser is a registere~ dealer holding I~e vehlde Io~ res.aJ~. .,. DC) NOT HOTARtZE UNLESS SIGNE~ [ ~ PURC};ASER'S NAME IS LISTED ~ ~' ~ ,;i ,~..~*.*,,,,.,,-.,-,,,,-,,'~,*.~.,,~.P,-.-~b~'~ ..... " ....... ,-,--.-~..uud ~ DO NOT NOT~R .IZE UNLESS SIGNED. · ~ IN PRESENCE Or ~ NOTARY AND PURCHASE,"~'S NAMC |S LISTED AND SEt LER :S A DEAI ER OD NOT Nm~'Al~l-.'.7 UHt. ES$ SIGNED' PURCHASERS N~[~2E IS LISTED 1 / AND SELLER IS A DEALER DO NOT .".IG ~'AF~?E UNLESS SIQNED PURC~".~-SF~'-c, N~I~J;' I$ LISTED R T AN~ SELt. Fn IS .~, r}EALER ~,~.~..,,m NOTICE OF DF.~AULT July 8, 2064 GREENPO[NT CREDIT, LLC P.O. BOX 507 MEMPHIS, TN 38101 898 472-7338 RE: Manufactured Home Loan -- Account# 000006130113300001 JULIE A. PAIGE 222 CONSTITUTION WAY DUNCANSVILLE, PA 16635-8419 You are now in default on your Manufactured Home Loan Contract. If you correct the default, you may continue with the con,'act as though you did not default Your default consists of failure to make timely payments of one or more installments agreed to in the mrms of the contract. Thirty-one (31 ) days after the date of this notice, we may have the right to commence legal action and repossess your manufactured home. Cure of default: You may cure your defaalt by making payment in the amount indicated below: Past Due Monthly Payment(s) $ 755.61 Late Charge(s) $ 10.00 Total Due Now $ 765.61 Creditor's rights: Any partial payment of the amount due which is received by us will be applied to your account. You will need to pay the full amount by the date indicated above in order to cure your default. If you do not correct your default within 31 days due from the postmarked date of this notice, we may exercise our rights against you under the law by accelerating your debt and either repossessing your manufactured home or, if necessary, bringing a court action to obtain possession of your manufactured home. [f we elect m exercise our rights against you by repossession of the manufactured home you may, at any time before we sell or otherwise dispose of the manufactured home or enter into a contract for its sale or other disposition, (which shall be at least 45 days after postmark of this notice), redeem the manufactured home by paying us all amounts due plus expenses reasonably incurred by us in detaching and transporting the manufactured home to the site of the sale and our reasonable attorney's fees, to the extent permitted by law, plus court costs. If you have any questions, writ~ to us at the address above or call me at the phone number listed above between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. [f this default was caused by your failure to make a payment or payments, and you want to pay by mail, please send a check or money order. Do not send cash. CC: File If any additional regular payment becomes due during this cure period, this payment must also be paid in order to avoid any further default. This correspondence is an attempt to collect a debt and any information obtained will be used for that purpose. PA (144) 095-07-0000061301[33-00001 Via Certified Mail: 7103 5580 3025 1276 2454[ VERIFICATION I, Ann Miles, Supervisor of Legal Department, and duly authorized representative of Greenpoint Credit LLC, do hereby depose and say subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, that the facts set forth in the foregoing Complaint in Replevin are tree and correct to the best of my information and belief. Ann Miles Supervisor of Legal Department Greenpoint Credit LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Greenpoint Credit LLC, CIVIL DIVISION Plaintiff: No. 2004 05176 v. TYPE OF PLEADlNG: Important Notice Julie A. Weaver, n/kJa Julie A. Paige, Defendant. FILED ON BEHALF OF PLAINTIFF: Greenpoint Credit LLC COUNSEL OF RECORD: Edward F. Voelker, Jr. PA 1.D. #55414 Chad R. Callahan PA!.D. #82058 Gregory W. Bevington PA 1.0. #92143 Voelker & Associates, P.C. Firm #332 Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, P A 15219-1604 (412) 765-0543 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Greenpoint Credit LLC, CIVIL DIVISION Plaintiff, No. 2004 05176 v. Julie A. Weaver, n/k/a Julie A. Paige, Defendant. PRAECIPE TO DISCONTINUE To the Prothonotary: Kindly discontinue the above matter, without prejudice. R&AS~~P.C. Chad R. Callahan Attorneys for Plaintiff Voelker & Associates, P.C. Suite 1410, Allegheny Building 429 Forbes Avenue Pittsburgh, PA 15219-1604 (412) 765-0543 -- t~" ,__,I .~,'"\ ,-'" .~;, . ~~-- " \~,~\ ":., - ) t., ~