HomeMy WebLinkAbout01-3454
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
CIVIL DIVISION
Plaintiff,
No. 01 -.34 ~Jf
Cu~l~~
v.
Complaint in Civil Action - Replevin
James T. Joy,
Filed on behalf of:
GreenPoint Credit Corp.
Defendant.
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA 10 Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
CIVIL DIVISION
Defendant.
)
)
)
)
)
)
)
)
)
No.
Plaintiff,
v.
Complaint in Replevin
James T. Joy,
NOTICE
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Richard J. Pierce, Court Administrator
Court Administrator of Cumberland County
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 0).... J '1,)-'1 ~ '~A.___
CIVIL DIVISION
v.
Complaint in Replevin
James T. Joy,
Defendant.
COMPLAINT
COUNT I - REPLEVIN
AND NOW, comes GreenPoint Credit Corp., by and through its attorney Erin P.
Dyer, Esquire and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit Corp., hereinafter referred to as "Plaintiff' or "GreenPoint,"
is a corporation duly authorized to conduct business in the Commonwealth of Pennsylvania
and has its principal place of business located at 400 Southpointe Boulevard, Southpointe
Plaza I, Suite 230, Canonsburg, PA 15317.
2. James T. Joy, hereinafter referred to as "Defendant," is an individual whose
last known address is Lot 147, Shippensburg Mobile Estates, 500 Municipal Drive,
Shippensburg, PA 17257.
3. On oraboutAugust26, 1999, Defendant purchased a 1999 Fleetwood Stone
Creek Manufactured Home, Serial Number PAFLVV22AB45200SK13 (the "Mobile Home"),
from Larry's Homes of PA (the "Seller"), and entered into a written Manufactured Home
Retail Installment Contract and Security Agreement (the "Security Agreement") for the
payment of a portion of the purchase price thereof. A true and correct copy of the Security
Agreement is attached hereto as Exhibit "A"
4. Seller assigned its interest in the Security Agreement to Plaintiff, GreenPoint
Credit Corp. GreenPoint perfected its security interest in said Mobile Home by having an
encumbrance placed on the title thereto. A true and correct copy of the Certificate of Title
is attached hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$56,000.00 and that the said Mobile Home is in the Defendant's possession and believed
to be at Defendant's address as stated above.
6. Defendant defaulted under the terms of the Security Agreement by failing to
make payments when due. As of May 16, 2001, the Defendant's payments of interest and
principal were in arrears in the amount of $1 ,657.29. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of May 16, 2001, is $57,888.98.
7. Plaintiff provided Defendant with thirty (30) days notice of intent to repossess
the Mobile Home. A true and correct copy of the notice of intent to repossess the Mobile
Home is attached hereto as Exhibit "C."
8, Defendant failed to cure the default or return the Mobile Home upon Plaintiffs
demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
10. The Security Agreement provides that in the event of default:
a. Defendant will pay the reasonable attorney's fees of seller or of
seller's assignee, provided that prior to commencement of legal action such
fee shall not exceed $50.00;
b. Court costs and disbursements; and
c. Costs incurred by seller or of seller's assignee to foreclose on the
Mobile Home including the costs of storing, reconditioning and reselling the
Mobile Home.
11. In order to bring this action GreenPoint Credit Corp. was required to retain
an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendant to recover the Mobile Home, plus detention
damages, special damages consisting of inter alia, detaching and transporting the Mobile
Home, shipping fees, any cost for insurance placed on the Mobile Home by Plaintiff, late
charges, and all allowable damages per the Security Agreement, any further costs for
repossession and sale, and attorney's fees and costs of litigation in order to obtain
possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
COUNT II - DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit Corp.,
alleges the following:
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by
reference as though fully set forth.
13. This Count is brought in the alternative to the relief sought in Count I.
WHEREFORE, Plaintiff, GreenPoint Credit Corp., requests:
a) judgment against Defendant in the amount of $57,888.98 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) In the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
~~
Erin . yer, Esquire
PA ID Number: 52748
Attorney for GreenPoint Credit Corp.
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Joy, James T\CM.wpd
VERI FICA TION
Don Turosik, Collection Manager and duly authorized representative of GreenPoint
Credit, LLC, deposes and says subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are
true and correct to the best of his knowledge, information and belief.
~~~
Don Turosik
Collection Manager
GreenPoint Credit, LLC
PENNSYLVANIA STEP PAYMENT CONTRACT
RETAJllNSTALLMENT CONTRACT, SECURITY AGREEMENT, }i:j':~~~~~(;d;: \.OAN PLAN.FCl C82599
W AJYER OF TRIAL BY JURY AND AGREEMENT TO 0.!~f.iL:(~~::~:~~: OFFICE NUMBER: 79 C 61
ARBITRATION OR REFERENCE OR TriJAL 8Y JUDGE ALONE !!?~~~~~~~i1f CEALER NO. 610C23
......"'iJac=.-.-- ACel. NO 'It;\ 3Q~~~
::~~rul.'fJ!:~~~;' ~ ., . ~
trll'i'I;:;;:......,~;;::;~:;;:. rUNCING CODE:
!lu'.I!i!IIII"'I"U'f'lj"
JA1v!ES T. JOY
SUYER(S):
NAM~
NAME:
NAME:
NAME:
TIMBER
5uYER'S
ADDR~S.l.3 0
L.Z\.i,\IE
ell'{:
PHONE: 53 O. 0793
SOO ~~~~ICr?AL ~RIVE
COUNTY; C::JM3ERLf..J,'\JD
.:::~I?2ENS3uRG STAT~: ?A. ZIP 17257
S. SEC, -\SI:218 . i O. 6 C 1 C -
SHI??ENSEURG, PA 17257
"';;Of'OSEO I,.OCA110N OF MANUFACTURED HOME:
';." "me." "myself" or "my" meum 1111 person$ who sign thie c;on:rl'lC:: a8 buyer or co-buyer. jointly end severally, Bnd '....Ou" or "your" mean the
s..elier and any assionu. This contraet will I:e aUbmitted to ths Craditor indicated below. at 11 loeal office and. if ap~roved. it will be aJl4iQM~ to
:i':at Cr.ditor. On the date of this e=>ntract, I buy frOm YOl.) on II credit sal, bUla the mllnufllcture~ homa da~ribed balow. tOQath.r with
7urnishinQ$, eQuipment. applianc8s and acceasoria$ inaludl3d j" the mflnufaehued home at the time of purchase (C:4l1ed "M4nufllctursd Moma").
CREDITOR: GREEN:!?OINT CREDIT CORP.
O~:!eription af
M.nufaC'ttlred
Home,
iAAOE NAME:FLEETWOOD Mooe.L:GOLD K:=;Y
ya.v;; 1999 Nf:W X USED: LENGiH: 56
~t~1AS: P.~~L\rl22.tl.4 52 (I OSr<l=;--P~~8 ~$.zoO Sf( /3
fl. WIDiH28
~I
I
I
b'.0"'''':;;:,:,1 li1:M 1~:1o,;,,:,;,,'..:1
u:;:;;,:;;;,::,,~;;;i SERIAl. NUMBER i:;;;;;.;;;;;:';~~ I'~;:;::,;,; ,.,';;lli!;M \".,;;";;;;,;;,::..,, L..::....,,;:;:.] SE.'HAL NUMBER I,
'I SKIRTING
VAPOR 3.ll..RRI.:.
=
ADDITIONAl.. AIR CONiJ::TNG
ACCesSORIES Jl..NCHORS
AND FU,ClNrSHINGS: FOOTERS
FRO MISE TO PAY; I promj~,. to pay you the Unpaid ealanc~ shewn 01'1 page 2 of this contrad (Item 5) With interO$: ct the r8t~ of-
13 .25 % per
.=sr until the debt is fully (:laid. I'll ~8Y this amount in in:;llJllments as shown in the pll'{mElnt $cnedule, Each monthly p.!lY~Bnt will <:is Bp~118d as
~f it:; scheduled due dete, My fjrst tvIIslve monthly payments may not be $wfficianl to COVl!lr the interest due for theae months Any ditferanca
;Et'Neen the interest due llnd the payment emount willl:lll added to the Wnl;iaid 81llanee. If no interest rete is disC:!O$id above. the ir.terag,t rete is
:r:~ Annl.:al PercentLlge Rate shown below.
ANNUAL
PERCENTAGE
RAre
FINANCE CHARGe
'.
I
Amount Financed
l
Totel of Payments
Total Sale Price
The cost of my credit B3
.3 yo~rly rafe:
The dollar lln10unt 1he
c:rsdlt wiit cost mil:
Tho .:>mount of e/'edit
provided to me or 01'1
my bohalf
Tho amount I will have
paid altOr I have m.e.da a[1
payment.!.::o$ ~heduled:
The fOUlI OO$f of my
pu~ka'e 01"'1 crc~;l
ir:cluding my do'M'l
QaymeM Qf
13,25 %
$171,229.03
I:
,$
is
199.00
299.00
632.43
.00
i Monlhly. btlQinnlrog OCTOBE:R 01
i Monthly, beQiMInl,1 APRI!.. 01
Monthly. bSl:linning OCTOB ER 01
Monthly. bo..innil'lg
.1S-2J
Xiis 2 COO
XXa2000
, 19
;:~Cl~~~~;:n':~.~~(:~ft~~~~i~fQrrr.allon 1!~~:imm!~jH~~~~~mWi~,2ij~."i:i;:1ii~f:m;!:ffi~:i;H!:!;i!~:W~~h~:~:~~
r'81111ymen\ in fl.lll 'gelore the 3chadlJllld ..""........."............
~::I~:: prepayment refund3 .,.,d i~~~~i~ji~~iimlf
PraIS.~n~ If I ~"Y Qff &;uiy, I will not '~~~;
n:.-..a to F-IY II llillt'iQlty, b~t I wll not be :~:'1~11'1O....<O,,""
entitled to a refl.lnd of Ihill F'rop;lid Finan<:'8 ,~.~:.'I:\!!I~::::;;!:
O\argt1. jt ';'hy, ' ........""I'..~,lt~l.oll..
S.Cl,/rity: I c:ivo VClI.I a ~aeurity if\Ul~t in the goad3 or I:!l'Clr:larty 1:J"lna pun:h8400,
I..nIl OIarg,,: If a ~'JTl'Ient i$ I'IlQre than ~ days latel, I 'Nill ba CNlrQo<l
S 5.00
6
6
348
2
... of the ul'lp.aid 'U'T\Q<.Inl of ~~h F&Y/'l'le"l, nol to 8l1::8C1a
.:.a.aum~Qn: SOm60t'ie buyit'iQ my Mamrlacturad Homo mOlY, und,,, earuin circumS".a"~s, bo allo\Mld to a~umo the ram::oinder of Iho ocntr&C! 0" lhil
Qriglnal tarms.
~..co:la.ll~
PAC! '0'9
EXHIBIT "A"
Security Agreement
2T//j/I'd
;.2RC; ~/.R ;:'T17
'1
RT :~T TVlVI?-),T-)'HW
. "",,:..:'~ .L ~~,: ,;:;:11:Eldi:Y.?f:tQNk5F.!!~MO.IllN:Ii:: -,WGEnE~~i~:;::~;:::.::;.:~:'BI ,~mmmmm::~~::~~:S:~~::!:;~:;i::i', ::!.-lNsllF.fA!:i.iee::,.,::;::::::.:: "',:.:;;::::,.::~~:-:I
j 1. Cash Price (lneJ. Sales Tax of $ _ . O,.J ): $ 51,:5 ~ 0 . C C I i FlROPERTY INSURANCE: Property Insurance on the
' ~. a. Cash OQwnplIyment, , $ 2 , ) 3 0 , 09 ' Manuto.otured Home Is required for the term 0,1 tnr$
b. Trade-In (Viler. Make. Model): contract. t have the ri~t to choose the person through
L.en"th Width whom It Is obtained. y marking the appropriate line
.. below, I elect to buy the coverage indicated from you
Grosa Value $ . 00 l.ia/1$ $ . 0 C for the term and premium shown, and I want it financed
(5Il11~/ !I:lll~Y olT) on th is contract.
Net Trsde-In Value
$
iYl:lll of Inauranea
2,7:3 C . 09
48,SC9,91
Tarm
Premium
IQt",1 Dewnpsyment
3. Unpaid Blllanca of Casn Prics (1 minus ~)
: 4. A.....ounts paid to otha~ on my behalf: .
I
a. To Insuranca CompaniAB:
(1) Propetty InsUtllncll ,- $ --. - 4. 74 . 00
(2) Credit Ljfa Inaurance, $ 2,015,70
b. To Pt,lblic; Officials:
(1) Cartificate of Title $
(2) FIT..!NGFEES $
c. To Creditor:
~or:
d. ie:
~er: NOTA.RY FEES
X Physical Damag, Cowrage
EROA.D FORM
22.50
5.00
12 MO $
o r--:O $
S
LIA81L1TY INSUAANCE COVERAGE FOR 800lL Y
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECllON ABOVE,
474.00
.00
$
.oc
CREDIT LIFE INSURANCE: Cradit Life Insurance is
not required for this contract or a factor in 11:s approval.
If I Alect Credit Life Insurance, the name(s) of the
proposed insured(s) are:
$ 22 .5C
e. Te:
For:
$ .00
,. To:
Fer:
S 00
~ To:
",
rer:
$
h. To:
Proposed Insured
P reposed Insured
(Only spouse can be insured jointly.)
This insurance may not payoff all of my debt, and the
exact amount of coverage is shown on my policy or
certifIcate, My signature Indicates my election to ootain
Credit Lite lnsurance coverage for the term and
premium shown:
Type ef CovaraQII
Term
Premium
X Single
.Joint
For: S.:.RV.!.CE CONTR.~CT
$ 495.00
G?C FLOOD FEE $27.00
Total (8 .,. b.,. c: - d ... II .,. f - g'" h) $
_ LJn~.8i~ Salllnc:a (3 ~h.l$ 4) $
~ Preoaid Finance Charge $
7. Ameunt Finlnc8Q (5 minus 6) $
GOMOS $ 2,Cl$.70
$
3,CE1.iC
:=1,871.61
27 . C C
31,84~.61
i
'6~0-~(
I
I ata I
I .
I (cl~nQlurg) I
i (If pint coverage is desired, both proposed insureds must sign.)
! I
I I
. I iJnd e~tand and ag rea that a portion of certain of these amounts
may be r,gtainAd by you or your affiliate.
:B2599
ADDIT10[~AL TERMS AND CONDITIONS
SECURITY INTEREST: I grant you a securtty interest Wider the Uniform Commerc)al Code in (1) the Manufactured Home and in
ail goods that are or may hereafter by operation of law become accessions to ft, (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 pagEl 1 of this contract, (3) any refunds of unearned insurance premiums
financed in this contract, and (4) all proceeds of SlJCfl Manufactured Home and accessions, and of any Additional Accessories
...nd Furnishings. This security interest secures payment and performance ot my obligations ul")dar this contract, including any
c.cdltJonal debt arising becaUSe of my failure to perform my obligations under this contract and Includes any contractual
extensions, renewals or modifications. My execution of this contract constrtutes a waiver of my personal property and
homestead exemption rights to the property herein <:1G$cribed_ 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 pe~onal property and fixtures
PREPAYMENT: I MAY PREPAY THIS CONTRACT iN FULL OR IN PART AT ANY TIME WITHOUT PENAL TV, aUT I WILL
NOT BE ENTITLEO TO A REFUND OF 1HE PREPAlC FINANCE CHARGE, IF ANY.
t"~"i\=~~99a
PAC!: ~ Of a
21/8121' d
c!..28S [c!..8 21l?
19 Ija~~~ INjOdN~~~9
51:[1 1121I21C-~1-^~W
PROPERTY INSURANCE:
a. Minimum Ccvenage. 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 oovera.ga" and any other hazards,
including flood, for which yeu require Insurance, in an amount equal to the lesser of th9 actual ca.sh value of the
Manufactured Home or the remaining unpaid balance I owe from time to time under this contract (the "Minimum Coverage").
The insurance polioy will conta.in a loss payable clause protecting you (as your interest may appear), and provide for a 10 day
notice of cancellation to you. Unless you consent in writing, I shall not add any additional loss payee to the insurance policy. l
have the right to choose the person through whom thl9 property insurance policy is obtained. If my insurance cOllerage
expires or is cancelled prior to payment in full or this col'ltract, I must obtain no less than the Minimum C()vera9~ at my
expense for the remaining term of this contract. Shovld I fail to maintain the Minimum Coverage, you may, but are not
obligated to, obtain insurance coverage. I agr0a that any insurance you purcha.se 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 tor such reasonable period as
you determine. If you decide: In your sole discrGtlofl, to obtain insurance, YOl.l will notify me of that fact and that the cost, plus
interest at the contract rate, will be added to my debt. I will repay such amount during the term of the pOlicy In the manner
requested by you. I understand that the insurance premiums may be higher if you must purchase the insl.lranca than mig ht be
the case rt 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. Assignmet1t and Appllcatior1 of INlu,.an~ Proceeds. I hereby grant and aSSign to you the proceeds of any and all
insurance coverag9 on thQ Manuf.actvr~d Hem;'j, includIng any optIonal coverage, such as earthquake insurance. which in
type or amount Is beyond the Minimum Coverago. ]1') the event of a loss to the Manufactured Home, I shall give prompt notice
to you and the insurance ~rriElr. If I fail to promptly notify or make proof of loss to the insurance carrier, you may dO $0 on my
behalf, All physical damage insl.lranca prooeeds, including proceeds from optional cQvElra.ge. shall be appliQd to restoration or
repair of the Manufactured Home, unless YOl.l and I agree otherwise in writing or unless such restoration or repair is not
economiCt.lly practical or feasible, or your security Interest would be lessened. If such restoration or repair is not practical or
feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balance
of this c-ontraet, whether or not then due, and give me any axcess.
LATE CHARGE: I agree to pay a late charge for l$.t0 payment as set forth on the front of this contract. Only one late Charge will
oe made on any delinquent installment regardless of the period for which tha.t installment remains in default. After this contract
matures, whether by acceleration or otherwisa, I will hOt be Charge<:i a rate charge.
EVENTS OF DEfAULT: I will be In default under this contract if: (2..) I fail to make any payment when cue; (b) I fail to timely
m~ke rental payments, or to pay other oharges and assessments, relating to the r~al property and/er facility on which the
ManLIfactured Home is located; (0) I violate restrictive covenants, rules or regulations relating to the real property ar.c/or facility
where the ManufactlJred Home IS located; (d) I fail to keep the MC!1ufactured Home in geod repair and condition, as you may
reasonably d4!ltermina; (e) I remove the Manufactured Home from the address shown on this contract unless I notify you in
a::::vance and reoeiva your wrttten consent; (f) I sell or attempt to sell the Manufactured Home without first obtaining your written
~nsent; (g) I allow the Manufactured Home to becoFl1$ part of any reel estate without first obtaining your written consent: (h) I
encumber or abandon the Manufactured Home or use It for hire or illegally; (Q I fail to promptty pay any taxes and other liens and
e~cumbrances on the Manufactured Home or on tho real property on which it 1$ located; andlor (i) I fail to do anything else whieh
I have promised to do under this contract.
NOTICE OF DEFAULT: If any of the above spectfied Events of Default have occurred, you may do whatever is necessary to
eorrect my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before you
E.c-;:elarate payment of the remainIng unpaid balance I owe you or repossess or foreclose on any propertY which SecurM this
contract. The NotIce will tell me what my default Is atid how I can cure it. Except as required by applicable law, you ere not
recuired to sand me this Notice when (1) you havQ a.lready sent a Notice twice within the preceding one-year period. (2) I have
abandoned or voluntarily surrendered the Manufactured Home, or (~J other extreme circumstances exist
CURE OF oeFAUL T: I may cure a default at any tlmo before title to the Manufactured Home is transferred from me. which will
be at least 45 days after receipt of the notice of default. To cure a datault, I must pay: (a) all amounts which would have been
cue In the abSence of defa.ult and acceleration; (b) the attomey's fees set forth below; (c) any late charges that are due; and
(c) reasonable costs which arQ actually incurred for detaching and l:ransporting the Manufactured Home to the site of sale. I
must also perform any other obligation I would haVG na.d to perform in the absence of default.
R~EOIES UPON DEFAULT: If I do not cure ths d(jrault, you may cia any or a.1l of the follOWing at the end of the notice period,
~s allowed by applicable law: (a) you can require mG tD imm~diate1y pay you the entire remaining unpaid balance due under this
~ntract plus accrued interest or (b) you can repos;';GSS the Manufactured Home pursua.nt to the security interest I give you
under this contract. (f you are not r~uir&d to send me the Notice of Dafault and Right to Cure Defautt, you will have these
rights imme<:ilately upon my defautt. Once you get possession of the Manufactured Home you will sell it. If the amount from the
F~ae:20fa
HS,""'~elJ911a
c1/60 . d
'-cBS ['-8 c1:(7
1:g l)a~~~ IN)OdN33~~
02:[1: 1: 002-L1:-^oW
sale, attar expenses, Is less than what I 0' JOu, I will pay you the difference except at lerwise provided by law. All remedies
are cumulative and you may enforce them separately M togathQr In any order you dEuilm necessary to protect your security.
AR81TRATION OF DISPUTES AND WAIVER OF jUlW TRIAL:
a. Dispute Resolution. Any controversy or claim borwoGn or among you and I or our assignees arising out 01 or relating to this
contract or any agreements or instf1Jments relating to or delivered in connection with this contract, including any claim based
on or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, cr trial by a
judge as provided below. A controversy invclving only a single claimant, or claimants who are related or asserting claims
arising from a sin91e transaction, shall be detonnlned by arbitration as described below. Any other controversy shall
ee determined by judicial reference of the cx-mtroversy to a referee appointed by the court or, if the court where the
controversy is vanued lacks the power to appoint i..~ referee, by trial by a judge without a jury, as described below. YOu AND I
AGRI:E AND UNDI:FlSTAND THAT WE Al1e GIVING UP TIiE fliGHT TO "ffiIAl.13Y JURY, AND THERE SHALL BE NO
JURY WHETHER THE CONTROVERSY OR CUlM [S DECIDED BY ARBITRATION, 8Y JUDICIAL REFERENCE, OR BY
TRIAL BY A JUDGE.
b, Arbitration. Since this contract touches and concems interstate commerce. an arbftration under this contract shall be
conducted in accordanCE! with the Ul'lited States Arbitration Act (Title 9, United States Code), notwithstanding any Choice of
law provision in this contract. The Commercial Rules of the American Arbitration Association ('AM") also shall apply. The
arbrtrator(s) shall follow the Jaw aM shall giveerlect to statutes of limitation in determining any claim. Any controversy
conceming whether an issue Is arbitrable shall bo 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 ontry of judgment upon the award shall be entertained except as
provided by Section 10 of the United States Arbrt:ration Act or upon a finding of manifest injustice.
e. Judicial Reference or Trial by 8 Judge, If requested by either you or me, any controversy or claim under Subparagraph (a)
that is not submitted to arbitration as provided In subparagraph (b) Shall be determined by reference to a referee appointed
ey the court who, sitting alone and without jury, shall decide all questions of law and fact You and I shall deSignate to the
court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AM-sponsored
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy is venued laCKS the
power to appoint a referee, the controversy instead shall be decid ed by trial by a judge without a jury.
C. Self~Helpl Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights that you or I
may howe to exercise self-help remedies such as set-eff or repossession, to foreclose by powGr of sale or judicially against or
sell any collateral or security, or to obtain any provisional or ancillary remedies 1rom a cour1 01 competElnt juriSdiction before,
after or during the pendency of any arbitration under subparagraph (b) above. N either the Obtaining nor the exercise of any
suoh remedy shall serve as a waiver of the right of erther you or I to demand that the related or any other dispute or
controversy be determined by arbitration as provided above.
A TIORNEY 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 agraGmant required under this contract, or in connection with any dispute
reiatlng to this contract, you will pay my reasonable attorney fees, costs and necessary disbursements incurrec' in connection
with such action or proceeding, as determined by tho court, the referee, or the arbitrator(s) in accordanCE;> with the law, If you
prevail in any such action or proceeding, or in tM exercise of any self.help remedy as described above, I will pa.y any
reasonable fees imposed on you by an attom~y who is not your Salaried employee, provided that prior to commencement of
I~aj actIon suoh feas may not exceed $50.00 and further provided that no attorney fees may be charged prior to my rec9ipt or
the notice of default.
CiHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, tf requested by you to do so, the
estimated amount necessary to pay yea.rly taxes, assessments and Insurance premiums that will become due within the
next twelve month period; (b) to pay you a transfer foo if I $ell the Manufactured Home, unless such fee is prohibited by law; (e)
to pay interest at the contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
full; (d) to reimburse you Immediately u~on your demand, wfth interest at the contract rate, the amount 01 funds you actually
ac:vance on my behalf to correct my default; and (0) that if I am married, and resid ing in a community property state, both my
~mmunity property and separate property will be lIa.ble 10r all payments due under this contract.
ASSIGNMENT: You may assign this contract to any person or entity. All r19htS granted to you undar this contract shall apply to
any assignee of this contract.
CREDIT INFORMATION: Yeu may investigate my crodit history aJ'1Q credit capacity in connection with opening and collecting
my account and share informa.tion abol.lt me and my account with credit reporting agencies, You may 881[ or otherwise furnish
t'9';'ClC:lB<Jgga
PAce.c~'
e1/12I1 . d
LoeSS [LoS e1t:'
19 lJa3~~ lNJOdN33~~
1e:[1 100e-L.1-^~W
information' about me, including insuranc( ormation, to all othern who may lawfully r va such information. You may furnish
specific information about the ManU'tactured Home and any insurance policies on the Manufactured Home to any insurance
agent to enable such agent to quote premiums to r'no :l.l'1d solicit my insurance bueinee:,
WAIVER: Waiver 01 any default snail not constitute a waiver at any other default. No term of this contract shall be changed
unless In writing and sigt1ed by one ot your offIcers. This contract ls 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.
V ALlClITY: Wherever possible each provision of this contract shall be Interpreted in such manner as to be effective and valid
under applicable law, but if any prevision of this contract shall be prohibited by or invalid under applicable law,such provision
shall be ineffective only to the extent of such prohibition or invalldtty, without invalidating the remainder of such provision or the
remaining provisions of this contract. This contract shall be of no effect until and unlElss signed by me and you. In no event shaH
any charge under this contract"llxeeed the highest amount allowed by applicable law. If any excess Charge is received, such
excess shall be refunded or applied to the amount due.
~OVERNING LAW: Each provision ot this contract 8t11'1.ll be C'Onstrued in aceordance with a.nd governed by the laws of the state
where the Manufactured Home is located, Flrt:lvldGd that to the extent you have greater rights or remedies under Federal law,
Such choice at state law shall not be deemed to deprive you of such greater rights and remedies under Federal law.
~~~~~~~~~~~~~~~~~~~~~I,~t~~~~~~~~~~~~I~~~I~~~~IT~~~~~~~~~~~~~~~~~~~0~~G~~~~..~:~00~~j
:::::~;AN'!(:i:HSl:!a.EEiHe:.iEirr:IiiJSIiISO~SI:JMEa::~EDrr::::G'Oe-r:tBA:~S}SUBi::f:~nT::;::T:'O::AE:t::::CtiAlMS::A.Nn:OEFENSES:WHICH:,.,.:, .
". ... - ..I',......I)tI..l<I.'..l>illllH...:llunl"'OI""jllll""il\nl~f)OI......u..1.....'.!...t,.'."'..I;."'fl:Il/.,I.IlIlUIHCloCIUIOOlHlC/."'''.,,,.. """")~"I'.rl:..I"';\II.'I\I\"'\I'"~""':'I""'''!'''!''.1~J~tJ.1l.u-.uu":""",I.....'..r,I."I.'....,.."........"I"......"",, ",.,,,.., ""...... ..,.....,'.".. ,."., ,_.: _, '.." ....". '......, ... ...
:':~';;;:rrn::n;e' '", ;i1~ .', . ,. ';:, ;i~:' I' , mT:;~rti~:::~fH~iii$ElilllEE~;.:lfOOSCS;;;:OR:ii;SERV.IOES::OBTAINEO:;J?-U RSUA[>iT-'::
::::::::HE'ZS~ :itS...O~E~~iju~F.ii1f~\1,~;~ii~ViE~::ci~~~'ui:ib~fi!;ie~ii;rHe::BeeT()ASHALl)Nbr'.eXCEEO"':"'!
.' ....."",,..,,~:1..5i~: [1:rui~'i,'1 ',. "".""...\II~'~'"'' ~t"~"IO,.... """,.,..q':1.:"'"J;t~F""~~"""lhO". ::~il";"".. ',.'" '.".....'. ....'._' , ... ....~.I
[0~~~~~~~~U~~~~~~~~~~~II~re~~~:~~~~:~~~;~~~~~~~~~~~~~~~~S~J~;~:0~~;80~: "~~, ~'~~:~:~~~~j
YOU ANO I HAVE READ AND FULLY UNOERSiAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLlNQ FOR
RESOLVING DISPUTES 8Y AR81TRATlON, REFERENCE., OR "mIAL TO A JUDG~, AND NOT BY JURY TRIAL, AND
AGREe 11-fAT THIS CONTRACT SETS FORTH OUR eNTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVE
SE.EN MADE.
LARRY'S HOMES OF PA. r IKC,
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 em exact copy of the contract
you sign, Keep It to protect your legal rights.
au""" I G::,""SI J (m
~~-.,~
~::::;:;T"ED: The fOregcin'il ccntraat is nerabya./l.9IQM<:! uMer '.fie Ulrrr.s ,
of lt1e Assignment on paQa 6. '
S~ER:
5:..'..!..E.R"S
~~~~~ 2756 LYCOMING CREE~ RD.
WJLLIAMS?QRT/ PA 1770~OOOC
Ems(~~~ .J
"GNAouRe. : I.IL ~1," .
SI~~S ( Z . :\../
,,-
DAlE: OF THIS COf\fl'RACT:- ,P. :: b
, 191:L-
I AGREE TO ALL THE TERMS ON ALL ;jAGES OF THIS RETAIL. INSTALLMENT CONTRACT AND
ACKNOWLEDGE RECEIPT OF A COMPLETED COpy OF THIS CONTRACT.
~)~~~
(S~na~r&of yer) ~
(SigMtur~ of Co-&lyer)
r:!;?Aco:ls.agga
PJ\G~ 5 Cfe
c1/11'd ~C8S [~8 c1p
t9 lra3~J lNrOdN33~~
cc:[1 100c-G1-^~W
2l'd ltl.LOl
ASSIGNMENT BY SELLER
'TO CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail installment contract ("contract") signed by one or mera buyers ("Suyer"), SELLER repr&$ents
and warrants that (1) Suyer's credit statement subinitted herewith is completely accurate unless otherwise specified; (2) Suyer
was legally competent to contract at the time of Buyar's execution of this contract; (3) this contract arose from the bona fide sale
of the merchandiSe described in this contract; (4) tflu downpayment was made by Suyer in cash unless otherwise specified and
no part thereof was loaned directly ar indirectly by S.,ller to Suyer, (5) any trade.in, or other ~nsideration, received as any pan:
of the down payment is accurately described on page :2 and has been valued at its bona tIde Value, and any amount owed on
such trade-in or other property is accurately described on page 2 and has been paid off by Seller prior to or contemporaneously
with the assignment of this contract to Creditor; (6) there is now owing on this contract the amount SQt forth herein; (7) this
contract and any guaranty submitted in connection herewith is in all respects legally enforceable against each purpOlted
signatory thereof; (8) Seller has the right to assign ihis contract and thereby to convey good title to It; (9) in the avent ot any
claim or defense asserted by any Buyer, or any hoirs or assigns Of Buyer, with respect to the Manufactured Home or other
property or consideration transferred pursuant to i:[Iis retail installment contract, Seller agrees that it will indemnify and hold
Creditor harmless from all such claims and defen$es as well as from aU costs reasonably Incurred by Creditor in connection
therewith, inClUding but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Credit
Reporting Act, Seller has notified Suyer that this contract is to be submitted to Creditor.
For value received, Seller hereby assigns [Q Creditor all its rights, t1tle and interest In this contract and the property
which is the subject matter hereof and authorizes Credttor to do everything nacessary to collect and discharge same. All the
terms of any existing written agreemsnts bahveen Sellar and Creditor governing the pUTchasEl of contracts are made ~ part
hereof by reference, it being understood that Creditor relies upon the above warranties and upon said agreements in purchasing
this contract.
~.s?"~e..ci9-1
I'ACl! a CFa
21/21'd ~2BS [~B 21~
19 .Lla3~) .LNIOdN33~O
[2:[1 1002-~1-^tlW
. .. .. ~ ." ... '".
~~~~;~FI~'j0'.~r:~~~
. .
.. '.
. '~:'~:;
..
. . '. .
.. :~. .:~.;l.:;.:::~~';:..~;:::.'~'::.~:~::'::;
. .... '. ';';..:..
,::;tr;i~:;':~h:!Ntj~f~!
~
D
\)
e1/~I2I' d
;)
.D
~
.:0
~
~:"JTI~~.~"";>'
I ~..~ .. ..., ~ ...~
Le8S [L8 eTt?
EXHIBIT "B"
Certificate of Title
c;T:s:'T
T00c-LT-).JjW
400 Southpointe Boule~=d
Southpoince PIJ.Z.'\ I. Suite :2:30
C:l1\onsburs. ?A 15317
Tel. (724) 873-5825
Fax (724) 873-5826
Apri l 12, 2001
JAMES T, JOY
'47 SME
SHIPpeNS6URG PA 17251
GreenPoint ~ Credit
RE: Manufactured Home Lean'- Account #000006130298500001
NonCE OF IllTENTlOO '(0 Aq':nrnre, C!M(ENCE LEGAL ACTlON OR REPOSSi:5S
lOu arQ new in d~fault on your Manufactured Home Loan Contract. If you correct the default, you may
continue with the contract as though you did not default. Your default consists of failure to make timely
payments of one or more installments as ogreed to in the terms of the contract,
Thirty-one (31) d~ys after the date of this nQti(.~, we r.~y have the right to comm~nce legal action and
repo5sess your manufactured horne,
Cure of defa~lt; Yeur may cur~ your default by ma~ing payment in the amo~nt indicated below;
Past Due Monthly Payment(s)
$ 1,01':'.86
Late Charge(s)
$ 5.00
Total Due Now
$ 1,019.86
Ct~ditor'~ rigntc: Any partial ~a~~nt of the amount c~e which is re:eived by us w:ll be a~pl i@d to yc~~
account. You wiLl need to pay the full a~Cur.t by the cate indicat~ above in orde~ to c~re your defaul~. r~
you do not correct your default within 31 days due ftc~ thf postmar~~ date of th:s notice, we ~ay
exerc i te our ri Shts aga i ns t you under the l al. by acc~ l e'at : ng your debt and ei ther repossess i ng your
manufactured home or, if ne~essary, bringing a court ac::on to ob~a;n possession of your manufact~rec
home,
If we eLect to e~ercise our rights against yeu by repcs~ess;on of the manufactured heme you m3y, ~t ~ny
time before we sell or otherwise dispa~e of the manufac:~rd home or enter into a contract for it~ cJ\e or
other disposition, (which shall be Jt leJst 4S day~ after pO~tmark of this notice), rede~m the manufactured
home by paying us all amount~ duo plus expenses reaconacly incurred by uS in detaching and transport:r.g
the m~nufactured home to the site of th~ sal~ and our raasonabla at,~rney's tees, to th~ exten~ per~itt~d by
la~, plu~ court costs.
If you have any questions, write to us ar t~e addre~s a~:ve or call ffie at the phone nLmber listed ab~ve
between the hours of 8:00 a.m. Dnd 5:00 p.m., Monday t~rough Friday,
If this dtfault was caused by your failur~ to make a pa~nt or payments, and you ~ant to pay by m3il.
please send ~ ,heck or money order. 00 not send casn.
Managar
EXHIBIT "e"
cc: Fi le
It any additional regular payment becomes due during this cure period, this payment must aLso be paid in
order to avoid ~ny further d~fault, This correspondenc~ is an atterrp, to coll~ct a debt and any
information obt~ ~~l ba used for that purpose.
PA (11.4)
cV[0'd
,-,C8S ['-'8 C'[:P
T9 lrQ3~) lNrOdN33~~
P'[::['[: ,[:00c-~'[:-^~W
........ 0
(") ';:.: -n
c.
~ ~
--0 !). -:z; ({:
,""lq , ,
~S~ ~, ( VJ
::.::: 'C~, -0 C
~u :-..>.:
"J:: ('~)
6cO c...'
Y'C .-
-;r" "
:2 tv
7? (J ~~~
\*-~ BO ~
"'-> \)\J
- ~
....... ~ , \
)J ...1:.. ~~
~
-
( t
~
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-03454 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT CORP
VS
JOY JAMES T
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
JOY JAMES T
the
DEFENDANT
, at 1407:00 HOURS, on the 28th day of June
, 2001
at SHIPPENSBURG MOBILE ESTATES
LOT 147
500 MUNICIPAL DRIVE
SHIPPENSBURG, PA 17257
by handing to
JAMES T JOY
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
11.78
.00
10.00
.00
39.78
~~~
R. Thomas Kline
06/29/2001
ERIN DYER
Sworn and Subscribed to before
By:
,~1~~~ ;:ty~ - ,
Deputy Sheiif~
me this
day of
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit Corp.,
CIVIL DIVISION
Plaintiff,
)
)
)
)
)
)
)
)
)
No. 01-3454 Civil Term
v.
James T. Joy,
Defendant.
PRAECIPE TO DISCONTINUE PURSUANT TO
PENNSYLVANIA R.C.P. RULE 229
To the Prothonotary:
Please discontinue the above-captioned action at the request of Plaintiff, pursuant
to Pa.R.C.P. Rule 229. The discontinuance shall be without prejudice, and shall not be
deemed to bar the bringing of an action to collect any deficiency (or deficiency judgment)
owed to plaintiff by Defendant.
Respectfully submitted,
~
-
~
Erin P. Dyer, Esquire
PA 10 Number: 52748
Attorney for GreenPoint
5743 Centre Avenue
Pittsburgh, PA 15:206
(412) 361-1000
l:\GreenPoint\Joy, James TlP20.wpd
,",~1
L~-":)
:;'2
~--
s~.~
--I
iT;?~l
en
t;)
-;''1
I i"j
c':;
CJ
~:;l