HomeMy WebLinkAbout05-1505
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree ConsumeI' Discount Company, as
Agent and Servicer for Greenpoint Credit
LLC,
Plaintiff,
v.
Lester W. Yohe and Rebecca S. Taylor,
Defendants.
CIVIL DIVISION
No. ()~ - /S6S
Ctu{l8<.nt
TYPE OF PLEADING:
Complaint in Replevin
FILED ON BEHALF OF PLAINTIFF:
Green Tree Consumer Discount Company, as
Agent and Servicer for 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
Green Tree Consumer Discount Company, as
Agent and Servicer for Greenpoint Credit
LLC,
CIVIL DIVISION
No.
Plaintiff,
v.
Lester W. Yohe and Rebecca S. Taylor,
Defendants.
NOTICE
You have been sued in court. If you wish to defend against the claims setforth 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 setforth against you. You are warned thatif 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 LA WYERATONCE. IF YOU DO NOTHA VE
ALA WYER. 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 Associatiou
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company, as
Agent and Servicer for Greenpoint Credit
LLC.
CIVIL DIVISION
No. OS - 1)05/ e!l.,)J,~ 't-V1-M[
Plaintiff,
v.
Lester W. Yohe and Rebecca S. Taylor,
Defendants.
COMPLAINT IN REPLEVIN
AND NOW, comes Green Tree Consumer Discount Company, as Agent and Servicer for
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, P A 17257.
2. Green Tree Consumer Discount Company, as Agent and Servicer for Greenpoint
Credit LLC hereinafter referred to as "Plaintiff," is a company 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 lury and Agreement to Arbitration or Reference or
-1-
Trial by ludge Alone," hereinafter referred to as the "Security Agreement," whereby Defendants
purchased and financed from County Side Village Homes, Inc., a 2000 Dutch Housing, Inc. 5235
manufactured home (serial no. 27392D) with certain furnishings, equipment, appliances, and
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. The Security Agreernent was assigned for value to Plaintiffs predecessor-in-interest,
Greenpoint Credit LLC, as permitted by the Security Agreernent.
6. The Security Agreement was subsequently assigned for value to Plaintiff as permitted
by the Security Agreement.
7. Pursuant to the Security Agreement, Defendants promised to pay the financed amount
of$72,268.50.
8. As security for the loan, Defendants, by the Security Agreement, granted Plaintifrs
predecessor-in-interest a security interest in the Manufactured Home.
9. Plaintiffs 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 "8" and is attached hereto and made a part hereof.
-2-
10. Plaintiff avers that the approximate retail value ofthe Manufactured Home is
$43,348.00
11. Defendants have defaulted under the Security Agreement by failing to make payments
when due. As of February 18, 2005, the delinquent payment amount due and owing from Defendants
to Plaintiff is $1,555.27.
12. As of February 18, 2005, the amount owed by Defendants to Plaintiff, not including
costs, attorneys' fees and damages for the unjust retention of the Manufactured Home, is $72,613.33.
The interest on said amount is accruing at the daily rate of $15.92.
13. Defendants have failed to surrender the Manufactured Home upon Plaintiffs demand.
14. 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.
15. Plaintiff is now entitled to immediate possession of the Manufactured Home.
16. Plaintiff is 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 attorneys fees in the amount of$600.00, costs, interest
from February 18, 2005, and damages for the unjust retention ofthe Manufactured Home.
-3-
Respectfully submitted,
'("L)jfZlrc
Chad R. Callahan
Attorneys for Plaintiff
Voelker & Associates, P.c.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, PA 15219
(412) 765-0543
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--------------------
,
PENN$YLVANIA
'RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT,
WAIVER OF TRIAL BY JURY AND AGREEMENT TO
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE ALONE
(Contract)
BUYER(S):
NAME: LESTER W. YOHE
NAME: REBECCA S. Tl\YLOR
NAME: ..
COUNTY: CUMBERLAND
~~~~:129~"lhpPENSBURG MOBILE. ESTATES CITY:SHIPPENSBURG- _STAJ'E:~ ZIP: 1725i
PHONE:.. (717) 532-74255.5EC.#(s):179-54'2537 163-60-738C
PROPOSED LOCATION OF MANUFACTURED HOME: 114 _RUSTIC DRIVE, SHIPPEN.SBURG, PA. 17257 "~'
'\," 'me,' 'mysen" or "my' mean all persons who sign this Contract as buyer or co.buyer, jointly and severally, and "you"
'your" mean the Seller and any assignee. This Contract will be submitted to the Creditor indicated below, at a local office and
approved, it will be assigned to that Creditor. On the date of this Contract, I buy from you on a credit sale basis the manufactur,
home described on page 2, together with furnishings, equipment, appliances and accessories included in the manufactur,
home at the time of purchase (called 'Manufactured Home').
CREDlTOR:GREENPOINT CREDIT, LLC. , A. ._.. .
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid Balance shown on page 2 of It
Contract (Item 5) with interest at the initial rate of 9 . 50 % per year. The interest rate I will pay will change in accordan,
with the provisions of this Contract. I will pay this amount in installments as shown in the payment schedule, or as recomput,
due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 11/12/29 . I still owe any amount und
this Contract, I will pay such amount in full on that date, which is called the 'Maturity Date.' Each monthly payment will I
applied as of its scheduled due date. If no interest rate is disclosed above, the initial interest rate Is the Annual Percentage Rs
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate m,
change 11 months after my first payment is due and every 12 months thereafter based .on movements in tJ
average of interbank offered rates for one year U.S. dollar denominated deposits in the London market based upon the quotatic
of major banks as published in the "Money Rates' section of The Wall Street Journal on the first publication day of each mont
and known as the London interbank Offered Rates (LIBOR), which is the index rate. This is called my "interest ra
change date." My interest rate cannot increase or decrease by more than 2. 00 % at. any interest rate change or by more th1
5 . 00 % over the term of the Contract. The interest rate will equal the index rate in effect 45 days before the intere
rate change date plus a margin of 5. 25 % (rou!tded to. the NEAREST ,1/8 C C' of one percentage point)unle,
the interest rate caps limit the amount of change in the interest rate. If this index rate is no longer available, you may choose
new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
FINANCE CHARGE
Amount Financed
The dollar amount the
credit will cost me (which
is subjeot to change):
The amount of credit
proVided to me or on
my behall:
The cost of my credit as
a yearly rate (which Is
subjeot to change):
11.26 %
$ 183,644.46
$ 72,26B.50
5ee#7 a e
See Contract terms for additional Information
about nonp.ymen~ defaul~ required repa ent
in full before the schedUled date, and
prepayment refunds and penalties.
Prepayment: If I pay off early, I will not
have to pay a penally, but I will not be
entiUed to a refund of the Prepaid
Finance Charge, if any.
$
$
$
$
Amount of
Pa ments
6 07 . 9 0
714,42
My
payment
schedule
will be:
Security: I give you a security interest in the goods or property being purchased.
Late ChaT\le: if a paymenti. morelhan ~ days late, I will be chaTlled 5
$ 5.00
Variable Rate: My Contract contafns a variable rate feature. Disclosures about the varlable r
Assumption: Someone buying my Manufactured Home may, under certain circumstances,
original terms.
Estimate.: All numerical disclosures except the late paymentdl$ctosures are estimates.
MH VARIABLE RATE CONTRA<
LOAN PLAN: A.01 111099
OFFICE NUMBER: 79061
LOAN SOURCE NO.: 7 5023.0
ACCT. NO,: (P13()3~
FUNDING CODE:
FOR
OFFiCE
USE
ONLY
-
Total of Payments
The amount I will have paid
alter I have made all
payments as .cheduled
(based on the current
Annual Percentage Rate
which is subject to change):
$ 255,912.96
Fin,Ch untFi .
Total Sale Price
The total cost of my
purchase on credit
(which Is subject to
change) including my
~own ~a~~ef\f~ . 00
$ 269,671.96
To Pa, + Do P
When Paymen~ Are.Due. .
Monthly, beginning DECEMBER 12
Monthly.beglnning DECEMBER 12
Monthly, beginning
Monthly, beginning
1999
2000
% of ,the. YJ1paldamoun~.of such payment, not to exceed
~
~
I
EXHIBIT
to me earller.
ndero! the Contracton the
A
""
Description of
Manufactured
Home:
TRADE NAME: DUTCH HOUSniJG t INC.
MODEL: 523 5
YEAR: 2000 NEW: X USED:
SERIAL
NUMBERS:
'2.1 ~q 2. '[)
II
SERIAL NUMBER
ITEM
AOOmONAL AIR CONDITNG
ACCESSORIES SHED I DECK
AND FURNISHINGS: ANCHORS
111099
ITEMIZATION OF AMOUNT FINANCED
1. Cash Price (Including Sales
Tax of $ .00 ): $ 86,OOQ.OO
2. a. Cash Down Payment". ....$...1'3.;.;1'59.00
b. Trade-In (Year, Make, Model):
Length . Width
Gross Value $ .00 Uens $ .00
(seller to payoff)
Net Trade-In Value $ .00
Total Down Payment.. $ 13,759.00
3. Unpaid Balance 01 Cash Price (1 minus 2) $ 72,241.00
4. Amounts paid to others on my behall:"
a. To Insurance Companies:
(1) Property Insurance $ .00
(2) Credit Ute Insurance. $ .00 .
b. To Public Officials:
(1) Certificate 01 TiUe. . $ 22.50
(2) FILING FEES $ 5.00 -
c. To Creditor:
For: $ .00
d. To: -
For:
$ .00
-
e. To: .
For:
. .
$ .00
f. To:
"
For:
$ .00
g. To: GREEN POINT CREDIT, L
-
For: FLOOD FEE
$ 27.00
h. To: ..
For: -
.
$
Total (a + b +0+ d + e + I+g + h) $ 54.50
..
5. Unpaid Balance (3 plus 4) $ 72,295.50
6. Prepaid Finance Charge $ 27,00
7. Amount Financed (5 minus 6) $ 72,268.50
~ I understand and agree that a portion of certain of these amounts
may be retained by you or your affiliate.
LE,NGTfi: 8 0
WIDTH: 32
It
fL
,. --~.
ITEM
J I
SERIAL NUMBER
...1
SKIRTING
GUTTERS
CHIMNEY
'.r~-
INS.URANCE...._ . .--.-
PROPERlY INSURANCE: Property Insurance on the
Manufactured Home is required for the term of this
Contract, I have the right to choose the person through
whom it is obtained. By marking the appropriate line
below, I elect to buy the coverage Indicated from you
for the term and premium shown, and I want it financed
on this Contract.
Type of Insurance
Term Premium
OMOS $ .00
$
$
_ Physical Dam~. eovtrag.
BROAD r'ORM
LlABILllY INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS IS NOT INCLUDED UNLESS INDICATED IN
THE PROPERTY INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE: Credit Life Insurance is
not required for this Contract or a factor in its approval.
If I elect Credit ute Insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse can be insured jointly.)
~.
This insurance may not payoff arr of my debt, and the
exact amount of coverage is shown on my policy or
certificate. My signature indicates my election to obtain
Credit Life Insurance coverage tor the term and
premium shown:
Type of Coverage
Term
Premium
_ Single
$
$
_ Joint
Date
(signature)
Date
(signalUre)
(If joint coverage is desired. both proposed Insureds must sigr
ADDmONAL TERMS AND CONDmONS
VARIABLE RATE:
a. Monthly Payment Changes. My monthly payment amount will change each time my interest rate Is adjusted. I will pay t
amount of the new monthly payment beginning the first monthly payment at the interest rate change date. The montl
payment amount would fully amortize the remaining unpaid balance I am expected to owe on the Interest rate change date
the adjusted interest rate in equal monthly payments over the remaining Term of this Agreement.
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice of an adjustment in the interest rate a
monthly payment at least 25 days before the adjustment. This notice Will contain information abou-t the index rate, inter!
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 beginni
ZERO years from the date of this Contract and ending 30 years from the date of this Contract.
order to convert to a fixed rate, I must not be in default under the terms of this Contract, I must notify you in writing of r
desire to convert to a fixed rate, I must execute a revision agreement and I must pay a nonrefundable conversion fee. TI
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive r
written notification. The new fixed rate will take effect on the "Conversion Date," which shall be my next payment due da
that is at least 30 days after your timely receipt of a revision agreement signed by all Borrowers together with
nonrefundable conversion fee of $ 200. 00 . Jh_e. !lew fixed rate and the Conversion Date are subject
change if my revision agreement and fees are received after the date specified in the revision agreement. My new payme
amount will be effective with the first payment follOWing the Conversion Date.
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and
all goods that are or may hereafter by operation of law become accessions to it, (2) all appliances, machinery, equipment al
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not limited to the iten
listed as "Additional Accessories and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiun
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) all proceeds of such Manufactun
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment al
performance of my obligations under this Contract, Including any additional debt arising because of my failure to perform n
obligations under this Contract and includes any contractual extensions, renewals or modifications. My execution of this Contra
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I "
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect yo
security interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction there
in the real estate records or other appropriate index as a financing statement for any of the items specffied above. AI
reproduction of this security instrument or any other security agreement or financing statement. and any extensions, renewals,
amendments thereof, shall be sufficient to perfect a security interest with respect to such items.
PREPAYMENT:' MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WII
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMEt-i
THERE WILL BE NO CHANGE IN THE DUE OATES OR AMOUNTS OF MY MONTHLY PAYMENTS, UNLESS YOU AGRI
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverege. I am required to provide physical damage insurance coverage protecting the Manufactured Home
the terrn of this Contract against loss by fire, hazards included within the term "extended coverage" and any other hazar
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value of
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the 'Minimum Coverag
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide fe
10.day notice of cancellation to you. Unless you consent in writing, 1 shall not add any addilionalloss payee to the insura
policy. I have the right to choose the person through whom the property insurance policy is obtained. If my insura
coverage expires or is cancelled prior to payment in full of this Contract, I must obtain no less than the Minimum Cove rag
my expense for the remaining term of this Contract Should I fail to maintain the Minimum Coverage, you may, but are
obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only l
interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable periol
you determine. If you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost,
interest at the Contract rate, Will be added to my debt. I will repay such amount during the term of the policy In the mal
requested by you. I understand that the insurance premiums may be higher if you must purchase the insurance than migt
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which
r'.:t,..on/A .::J nrnfit tor this servjce.
..---...--- ---- --- ._-,---- -- _.._--.......
I). Assignment and Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and 2
insurance coverage on the Manufactured Home, including any optional coverage, such as earthquake Insurance, which I
type or amount is beyond the Minimum Coverage. In the event of a loss to the Manufactured Home, I shall give prompt notic
to you and the insurance carrier. If I fail to promptly notify or make proof of loss to the insurance carrier, you may do so on m
behalf. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restoration c
repair of the Manufactured Home, unless you and I agree otherwise in writing or unless such restoration or repair is nc
economically practical or feasible, or your security interest would be lessened. If such restoration or repair is not practical c
feasible, or your security interest would be lessened, you shall apply the insurance proceeds to the remaining unpaid balanc
of this Contract, whether or not then due, and give me any excess. I authorize any insurer to pay you directly. I hereb
appoint you as my limited attorney-in-fact to sign my name to any check, draft, or other document necessary to obtain suc
insurance payments.
LATE CHARGE: J agree to pay a late charge for late payment as set forth on the front of this Contract. Only one late charge Wi
be made on any delinquent installment regardless of the period for which that installment remains in default. After this Contrac
matures, whether by acceleration or otherwise, I will not be charged a late charge.
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 timel
make rental payments, or to pay other charges and assessments, relating to the real property and(or facility on which th
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and(or facilit
where the Manufactured Home is located; (d) I fail to keep the Manufactured Home in good repair and condition, as you ma
reasonably determine; (e) I remove the Manufactured Home from the address shown on this Contract unless I notify you i
advance and receive your written consent; (f) I seil or attempt to sell or to transfer any beneficial interest in the Manufacture
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become part of any real estate WithOl
first Obtaining your written consent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally; (Q I fail t
promptly pay any taxes and other liens and encumbrances on the Manufactured Home or on the real property on which it i
located, if this is my responsibility; and/or 0> I fail to do anything else which I have promised to do under this Contract.
NOTICE OF DEFAULT: If any of the above specified Events of Default have occurred, you may do whatever is necessary t
correct my default. You will, except as set forth below, first give me a Notice of Defau/! and Right to Cure Default before yo
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures thi
Contract. The Notice will tell me what my default is and how 1 can cure it. Except as required by applicable law, you are nc
required to send me this Notice when (1) you have already sent a Notice twice within the preceding one-year period, (2) I hav
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF DEFAULT: I may cure a default at any time before titie to the Manufactured Home is transferred from me, which w
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 amounl
which would have been due in the absence of default and acceleration; (b) the attorney fees set forth below; (c) any late charge
that are due; and (d) reasonable costs which are actually incurred for detaching and transporting the Manufactured Home to th
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 defaull. you may do either or both of the following at the end of the notic
period, as allowed by applicable law: (a) you can require me to immediately pay you the entire remaining unpaid balance dl
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interes'
give you under this Contract. if you are not required to send me the Notice of Defauit and Right to Cure Default, you will ha'
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it. If the amount frc
the sale, after expenses, is less than what I owe you, I will pay you the difference except as otherwise provided by law, .
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect yc
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
8. Dispute Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any ch
based on or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference
trial by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or asseri
claims arising from a single transaction, shall be determined by arbitration as described below. Any other controversy shall
determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the con trOVE
is venued lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND I AGf
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY JURY, AND THERE SHALL BE NO Jl
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR
..,.,."... DV A _UfnnF.
< ..
c. ~ul:l\cial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (
.' that is not submitted to arbitration as provided in subparagraph (b) shall be determined by reference to a referee appoint.
by the court who, sitting alone and without jury, shall decide all questions of law and fact. You and I shall designate to tl
court a referee selected under the auspices of the AM in the same manner as arbitrators are selected in AAA-sponsor<
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy Is venued lacks tl
power to appoint a referee, the controversy instead 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 0
may have to exercise self-help remedies such as set-off or repossession, to foreclose by power of sale or judicially against
sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction befor
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor the exercise of al
such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute
controversy be determined by arbitration as provided ab'ove.
A'TTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with tl
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dispu
relating to this Contract, you will pay my reasonable attorney fees, court costs and necessary disbursements Incurred
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with tI
law. If you prevail in any such action or proceeding, or in the exercise of any self-help remedy M described above, I wlll pay 81
court costs and necessary disbursements to the full extent permitted by law, together with reasonable fees imposed on you I
an attorney who is not your salaried employee, provided that prior to commencement of legal action such fees may not excel
$50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cu
Default.
OTHER TERMS AND CONDITIONS: I agree; (a) to pay with my monthly installments, if requested by you to do so, tI
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that will become due within tI
next twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid
full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actual
advance on my behalf to correct my defauit; and (e) that if I am married, and residing in a community property state, both IT
community property and separate 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
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit capacity in connection with opening and collectir
my account and share information about me and my account with credit reporting agencies. You may-sell or otherwise furni!
information about me, including insurance information, to all others who may lawfully receive such information. You may furn;:
specific Information about the Manufactured Home and any insurance policies on the Manufactured Home to any insuranl
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 shall be chang
unless in writing and signed by one of your officers. This Contract is the entire agreement between us and I agree that no oral
Implied representations have been made to induce me to enter into this Contract.
V ALlDlTY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and v~
under applicable law, but if any provision of this Contract shall be prohibited by or invalid under applicable law, such provis;
shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or I
remaining provisions of this Contract. This Contract shall be of no effect until and unless signed by me and you. In no event sl
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received, Sl
excess shall be refunded or applied to the amount due.
GOVERNING LAW: Each provision of this Contract shall be construed in accordance with and governed by the laws of the sl
of Pennsylvania. provided that to the extent you have greater rights or remedies under Federal law, such choice of state
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 CALLING FOI
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, ANI
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVI
BEEN MADE.
ACCEPTED: The foregoing Contraclls hereby assigned under the lanns
of the Asslgnmenton page 7.
If you do not meet your Contract obligations, YOI
may lose your manufactured home.
Notice to Buyer: Do not sign this Contract In blank
You are entitled to an exact copy of the Contrac
you sign. Keep it to protect your legal rights.
~(S) SIGNATURE(S):
~ tv'.l ~~~
~ STER W. Y1 /1-
h"rA g (,i/
REBECCA S. ~LOR
COUNTRY SIDE VILLAGE HOMES, I
SELLER:
SElleRS
ADDRESS: 31 WALNUT BOTTOM ROAD
SELLER'S
SIGNATURE:
SELLER'S
TITlE:
DATE OF TIiIS CONTRACT:
II }2.-)97
/ I
172570000
._-
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AN[
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
~ '3"1,, ~\;"' ~c"j~
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 represer
and warrants that: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Bu~
was legally competent to contract at the time of Buyer's execution of this Contract; (3) this Contract arose from the bona Ii
sale of the merchandise described in this Contract; (4) the down payment was made by Buyer in cash unless otherwise specifi
and no part thereof was loaned directly or indirectly by Seller to Buyer; (5) any trade-in, or other consideration, received as a
part of the down payment is accurately described on page 2 and has been valued at its bona fide value. and any amount 0....
on such trade-In or other property is accurately described on page 2 and has been paid off by Seller prior to
contemporaneously with the assignment of this Contract to Creditor; (6) there is now owing on this Contract the amount set fe
herein; (7) this Contract and any guaranty submitted in connection herewith is in all respects legally enforceable against ei
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the ev
of any claim or defense asserted by any Buyer, or any heirs or assigns of Buyer, with respect to the Manufactured Hom,
other property or consideration transferred pursuant to this retail installment contract, Seller agrees that it will indemnify and t
Creditor harmless from all such claims and defenses as well as from all costs reasonably Incurred by Creditor in con nee
therewith. including but not limited to reasonable attorney fees and court costs; and (10) in accordance with the Fair Cr
Reporting Act, Seller has notified Buyer that this Contract is to be submitted to Creditor.
For value received, Seller hereby assigns to Creditor all its rights, title and interest In this Contract and the prop
which is the subject matter hereof and authorizes Creditor to do everything necessary to collect and discharge same. All
. . ,'. - ....,"-- --'~~"'''nt.. hAlween Seller and Creditor aovernino the ourchese of Contracts are mArlA "
:=:~~~~~~1;;tt;l_l_I~-
... -. . VEHiCU:"IOa-CtIF'IC:"T!6N"NULEER" - ..1 YiAA- .'t-.,., -......~Oi:V=H1Ct.E... .,,". -nn.e:NUMSER'"
. ":C ,,-} ':'1": ".0 :.'1.:;"""'" ::',':'0' ,..,,,.'.:.'1' :.' ,.':, C ", ." .;,;.,.,... .....:1;./";<;;;:1: ";:E' '---E'" :;"';''''::''1'' . .... .. . ".." ".'
_. :~'."' ',n _'.. _ : ,......._" ','-'~.. :- ': ..".-c;.: -Uu",... ^ ~,'-::'1_" - ., -- -
3(oCY TYi=E 'oUP ~I'iIOI'l1'f1U STAT,: OOOM. PACeD, DAta . OOCaA. I,4ll..Et. ooOJ.'l. STATUS
'''. ',':'.' ",' '::' '~:"'~'l,,;'.;;;';::':;;i~"1 -.
:-:U~~~::e:'Q~~'-;"l :. ", "-GVw~' ~,,~.. , " 'GCwR-~ ,.
CERTIFICATE OF TITLE FOR A VEHICLE
- . ->" .' ....~ -_..._---. ........-...---
&13C 3;).~ /
"<:rl~~:'{~E9':1::: 3;M~!:u~b::: I
"'''1
",' ,,,,-,, ""
i'~' -'..'" .~'''. ~;-
'TITLE BRANOS
Fl~ST 1..\8-1 I'...VOR OF.
S~CONCL:aNF""IOf>,CF:
QOQUETfR ST).TUS
O_Alrn;.aMIl.EI<GIi
1..l,I...aIGtEllCa!.OS'l'HtM!.eH.N:C~
l.i,IIT!
:.....>TTHe.o.enw.MI\.EAOE
3. ~T M ACTUAL liIl\.fAGE'OCOMCTE~
TodI.PERI~V;;R1FIEO
(. ~EIoIPT FAaYOOOI./tTeFI :'1SC'.oSURE
rt'IU BJWOOS
... ,.I\tmClI,EVEr+lCt.E
C .CU<S3(ClffHiCt..,E
j ,c:ou..."C'TlllU\'1;H1C'..e
F . OW Of COUtmlV
G ,OfllG1WJ,Y ""'GD. foOFl'NCN-:.s.S.
""""""'"
J; . .lGAlr.IJ~Tl,JAAI. VEHICLE
L.L.O(!CUoO'JEl.\lCLe
I" ,,1!W"'S"PQ.ICE'~P.H1C'~
A.Ae:OOliST~
50., 51'1'1!E1PnO
1 ~ RECOVEREe TliEFT VEHlo.E
V ~ VEMlC~1E CONTJ,iNS ;lIEISSUEt> 'M
W,FLOO::!'4HlCI.E
X.,~A~,,"A;lI
OISCLOSURE.:~~Ji~i=lifu.:~Y,,,.~.!'}lERAL LAW
.1. " ~I-".
LESl'ER W YOW: Co R~Et'C'A'",.:...{7''''.r. ",.",~q,
S HYLOR -
11\j ~USTIC DR
SHIPPENSBURG PA 17257
GRHNPOHli CREDIT UC
DATE
..~
II II 641eQ1'lQ. l,nI101091 1$ 1~1ld upon satiSlaCli.,n 01 :M I\lsl: \~rl. the t,rsl
liel'LloIiSet:'NllrtlWal"dlrit;Titltll)U'le&.;r~at""lOlVth!CI'$W1llllhe
~f<<pI.~.I".-
SECOND liEN REJ.EASED
DAn
ol,:;l1'\O>ltZeo ~RESENT;l.T;vE
BY
AlJTHORlZEtJ "IEPFlESENTATNE
031007
GREENPOINT CREOrT llC
400 SDUTHPDINTE BLVD
STE 230
CANONSBURG PA 15317
tllel"Jtya:lOlU"dalo'fi$jlUi.!hI.OIT.c;alleco<12!lo/\'leP"'r~an.D';lllItmIlrt
dTr~"l:I"" mhc::l.t~at'.h.,per:lOl~(S) O' C<lIT'4'WIV t'IG,"~cl MItt' ls ll1( IavA<JlI}....u
olllle\&>Ovollllcle
';';~:;"'BRAih_ft; L
". ...~-
Mii[lORY
~ ,. u""rt "l~ m!~, l'U~ '1fJifClL IS SOLD ANO TlfE
OR lllQN. I./'l'f'IOPRLAlE is(c-;j~ ON~I: RE'~ISlDE?' TIllS OOCI.iIlan" ARE
..'_"'''1 .tt~p -)-,,, I
Scctrtan. III Tran--pomtioft
...-: n.y
..EAR
I It a to-purcl'laUt other than your spotlSe is IIs.lcd. and yDU want th~ litl& 10
J be Usta-:i as "Joln~ Tenanls With Right c' SUNNorship' (On death of one
0WfM(. :ltUi goes to WIVMng owner.) CHECK HERE O. Qthef1I.IiSe, the title
t will be issued as "Tenants In Common" (On d$altl of one owner, interest of
I deceased QWnQr goes \" h1,'her heIrs or estate).
lS"l'lI~DA.l~: .....I1NOi:!N,CHECK. 0
:!<GNAT1JI'lE Ol' ;>EI!:lt<.O~~~I<S'IM''':l.c.>lll
1ST 1.1ENHOLDEFt
srP;EET
! CITY
STATE
ZiP
flNANCrlJ. :NSTlTUTION NIJM8~R
2ND UE'N'"OATE;
-..: IF NO \.IEN. CHECK 0
T~. ......"'"\'_ """"""" ...... ..,~..~ 'C. ~ .1 r,4-t >> ,.". ..,,;d. _._
_..,.."tfl"....,"'_""...~.-<l.."..,...aI<hoono..I'...........
$lGlnT~~e Of' '''',:;.I.NT ~ A\J1l!OAlUD SIOtIIR
~
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I
EXHIBIT
~
stA
.'
NOTICE OF DEFAULT
GREENPOINT CREDIT, LLC
P,O. BOX 507
MEMPHIS, TN 38101
888 472-7338
RE: Manufactured Home Loan -- Account # 000006130326100001
August 6, 2004
LESTER W. YORE
114 RUSTIC DRIVE
SHlPPENSBURG, PA 17257
You are now in default on your Manufactured Home Loan Contract. [fyou correct the delimIt, 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
agreed to in the terms of the contrace
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 default by making payment in the amount indicated below:
Past Due Monthly Payment(s)
Late Charge(s)
Total DueNow
$
$
$
1,131.47
39.56
1,171.03
Creditor's righlS: 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 day'
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.
If we elect to 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 coslS.
If you have any questions, write 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.
If this defuult 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) 095-11-0000061303261-00001
IVia Certified Mail: 710355803025 129041201
~
i
J
Gleenflolnt ~<recIit
EXHIBIT
C
----
.'
NOTICE OF DEFAULT
GREENPOlNT CREDIT, LLC
PO. BOX 507
MEMPHIS, TN 38101
888 472-7338
RE: Manufactured Home Loan -- Account # 000006130326100001
A'Jgust 6, 2004
REBECCA S, T AYLOR
I 14 RUSTlC DRIVE
SHIPPENSBURG, PA 17257
You are now in default on your Manufactured Home Loan Contract. [fyou 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
agreed to in the tenns of the contract.
Thitty-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 default by making payment in the amount indicated below:
Past Due Monthly Payment(s)
Late Chargers)
Total Due Now
$
$
$
1,131.47
39.56
1,171.03
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 day'
due from the postmarked date of this notice, we may exercise our rights against you under the law by accelerating your debt and
eidler repossessing your manufactured home or, ifnecessary, bringing a court action to obtain possession of your manufactured
home.
[f we elect to 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 ex tent pennitted by law, plus court costs.
lf you have any questions, write to us at the address above or caU me at the phone number listed above between the hours of 8:1
am. and 5:00 pm., Monday through Friday.
[f dlis 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 infonnation obtained will be used for that purpos
PA (144) 095-11-0000061303261-00001
IVia Certified Mail: 7103 5580 3025 129041371
~
i
I
EXHIBIT
1)
GNelOJlolnt ~Cf
VERIFICATION
I, DaIton Baskerville, Collections Manager, and duIy authorized representative of Green.
Tree Consumer Discount Company do hereby depose and say subject to the penalties of 18 Pa.
C.S. ~ 4904 relating to unsworn faIsification to authorities, that the facts set forth in the
foregoing Complaint in Replevin are true and correct to the best of my information and belief.
AM ~~
Dalton Baskerville
Collection Manager
Green Tree Consumer Discount Company
7J P {q,
1l t[ U')
.Vi
....... Vi n r-.' Q
\) C' o(:-::l ~
..... () =
~ ~.. .;;..""'1
l.A,J ::x --l
:::::. Vv ~ "1-'-, :po ::r:....,
:;JO ri1~
GJ ~ -"_.1
(,!",' , N -nm
-. ;,\)(~)
(-~ s.~ (~)
~ ~~.; '::.? -0 ~Is:8
:r:
;:....;,..: ,;r-C)
r-rn
~ t::: ,~)
;:-~l
--< en 55
-J .<
SHERIFF'S RETURN - NOT FOUND
NO: 2005-01505 P
NTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
,}REEN TREE CONSUMER DISCOUNT
VS
YOHE LESTER W ET AL
:<. Thomas Kline
,Sheriff or Deputy Sheriff, who being
inquiry for the within named DEFENDANT
duly sworn according to law, says, that he made a diligent se rch and
YOHE LESTER W
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
the within named DEFENDANT
, YO HE LESTER W
, NOT FOUND , as to
114 RUSTIC DRIVE
!3HIPPENSBURG, PA 17257
DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So answers~_.
....?;::::.~~~
R. Thomas Kline
Sheriff of Cumberland County
18.00
14.80
5.00
10.00
.00
47.80
VOELKER & ASSOC
04/04/2005
Sworn and subscribed to before me
i?
';;O_5A.D.
-rno~J.-&~
this
day of ~~A>' fL
_<..11~
,
SHERIFF'S RETURN - NOT FOUND
NO: 2005-01505 P
ONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GREEN TREE CONSUMER DISCOUNT
VS
YOHE LESTER W ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent se rch and
inquiry for the within named DEFENDANT
TAYLOR REBECCA S
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - REPLEVIN
the within named DEFENDANT
, TAYLOR REBECCA S
, NOT FOUND , as to
114 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So answe.r:9.>'~
. . ~
.7
6.00
.00
5.00
10.00
.00
21.00
--..~.
,.,,--
County
VOELKER & ASSSOC
04/04/2005
Sworn
and subscribed to
</"
before me
this
day of ar_.:R-
cl.90 ~--- A.D.
tt;~'h~.
tJ::i:S
CIVIL DIVISION
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Green Tree Consumer Discount Company.
as Agent and Servicer for Greenpoint Credit
LLC
Plaintif[
v.
Lester W. Yobe and Rebecca S. Taylor,
Defendants.
No. 2005 01505
TYPE OF PLEADING:
Praecipe to Discontinue
FILED ON BEHALF OF PLAINTIFF:
Green Tree Conswner Discount Company,
as Agent and Servicer for Greenpoint Credit
LLC
COUNSEL OF RECORD:
Edward F. Voelker, Jr.
PA J.D. #55414
Chad R. Callahan
PA I.D. #82058
Gregory W. Bevington
PA I.D. #92143
Voelker & Associates, P.C.
f'inn #332
Suite 1410, Allegheny Building
429 f'orbes Avenue
Pittsburgh, PA ] 5219.J 604
(412) 765-0543
,
CIVIL DIVISION
IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
Urcen Tree Consumer Discount Company,
as Agent and Serviccr for Ureenpoint Credit
LLC.
Plaintiff.
\,'.
Lestcr W. Yohc and Rebecca S. Taylor,
Defendants.
No.2005 01505
Praecipe to Discontinue
To the Prothonotary
Kindly discontinue the above matter. without prejudice.
~KER & A7'O;[~TES, Pc.
fA~
ad R. Callahan
Attorneys for Plaintiff
Voelker & Associates. P.c.
Suite 1410, Allegheny Building
429 Forbes Avenue
Pittsburgh, P A 15219-1604
(412) 765-0543
"
r"-)
o
,
::-J
:":
r. -,
r,)
0:'"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
TIMOTHY ALLEN WOLF,
Plaintiff
NO. 2004-1505 CIVIL TERM
KAREN MARIE WOLF,
Defendant
STIPULATION FOR EXCLUSIVE POSSESSION
This Stipulation is entered into this of' / d day of .J!/., ~~
I
,2005,
by and between Plaintiff, Timothy Allen Wolf (hereinafter "Husband"), and Defendant, Karen
Marie Wolf (hereinafter "Wife");
WITNESSETH:
WHEREAS, the Plaintiff in the above-captioned matter is Timothy Allen Wolf, social
security number 101-62-3145, who was born on February 27, 1966;
WHEREAS, the Defendant in the above-captioned matter is Karen Marie Wolf, social
security number 062-60-0278, who was born on lune 2, 1967;
WHEREAS, the parties hereto are presently husband and wife, who married on October
20, 1990;
WHEREAS, on April 8, 2004, Husband initiated a divorce action at the above-captioned
action number with the Court of Common Pleas of Cumberland County;
WHEREAS, during marriage the parties resided at 1629 Airport Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050 (hereinafter "Marital Residence");
WHEREAS, Husband no longer resides in the Marital Residence, and the parties
currently live separate and apart;
WHEREAS, Wife continues to reside in the Marital Residence, and the parties are
desirous of granting Wife exclusive possession and use of the Marital Residence pending
resolution ofthe divorce action.
NOW, THEREFORE, in consideration ofthese premisf:s and of the mutual promises,
covenants and undertakings set forth herein, Husband and Wife, each intend to be legally bound
thereby, covenant and agree as follows:
1. Wife shall have exclusive possession and use of the Marital Residence
located at 1629 Airport Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 until
further Order of Court or agreement ofthe parties.
2. No later than three (3) days following the tlxecution date ofthis
Stipulation, Husband shall relinquish to Wife's counsel any and all keys to the Marital Residence
in his possession and any garage door openers in his possession.
3. Husband shall be prohibited from entering onto said premises and from
contacting Wife in any fashion, except as to matters relating solely to custody and support of
their minor child where limited contact will be permitted. Neither party shall abuse, stalk, harass,
threaten, or molest the other party during the pendency ofthe divorce action.
4. Husband shall remain in the driveway of Wife's residence for all custody
exchanges.
5. The parties agree that the instant Stipulation shall be entered as an order of
court.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and
date oftheir acknowledgments.
OL{) zL
WITNESS
A:.I~\J
~ ENWOLF
0~h-- f) t'~{A,~
WITNESS
L ~kJ~
~ WOLF
COMMONWEALTH OF PENNSYLVANIA
COUNTY OFQ./yo.J~
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared TIMOTHY
ALLEN WOLF, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
d
GIVEN UNDER MY HAND AND SEAL OF OFFICE this.,;7 / day of
~ A~A-J
,2005.
~OJ~{?~~
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
NOTARIAl. SUI.
lllTYOF HARRISBuRG; DAUPHIN coum
My com RE C.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~YI,n
)
)
)
BEFORE ME, the undersigned authority, on this day personally appeared KAREN
MARIE WOLF, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
~<lcl
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
uhbk
,2005.
,w. Lh~
~landfor
Commonwealth of Pennsylvania
Typed or printed name of Notary:
Q; ~"' l,. {~-t-r-
My commission expires:
111
lIOTARIALSfAI.
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