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HomeMy WebLinkAbout01-5218IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, CIVIL DIVISION Plaintiff, Complaint in Civil Action - Replevin Thomas Ives, Defendant. Filed on behalf of: GreenPoint Credit, LLC Counsel of Record for this Party: Erin P. Dyer, Esquire PA ID Number: 52748 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 ) CIVIL DIVISION Plaintiff, ) ) No. v. ) Complaint in Replevin Thomas Ives, ) ) Defendant. ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, COMPLAINT COUNT I - REPLEVIN AND NOW, comes GreenPoint Credit, LLC, by and through its attorney Erin p. Dyer, Esquire and avers the following in support of/ts Complaint in Replevin: 1. GreenPoint Credit, LLC, 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 Southpo/nte Boulevard, SouthpoJnte Plaza I, Suite 230, Canonsburg, PA 15317. 2. Thomas Ives, hereinafter referred to as "Defendant,,, is an individual whose last known address is 16 Spring Drive, Shippensburg, PA 17257. 3. On or about October 18, 1999, Defendant purchased a 1993 Pinegrove Manufactured Home, Serial Number GP38613AB, (the "Mobile Home"), from Royal Finance (the "Seller"), and entered into a written Manufactured Home Retail Installment Contract and Security Agreement (the "Security Agreement") for the payment of a POrt/on of the purchase price thereof. A true and correct copy of the Security Agreement is attached hereto as Exhib t "A" 4. Seller assigned its interest in the SecurityAgreement to Plaintiff, GreenPoint. 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 hereto as Exhibit "B." is attached 5. Plaintiff avers that the approximate retail value of said Mobile Home is $32,000.00 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 August 23, 2001, the Defendant's payments of interest and principal were in arrears in the amount of $776.70. Pursuant to the Acceleration Clause in the Security Agreement the amount outstanding as of August 23, 2001, is $32,331.39. 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." demand. Defendant failed to cure the default or return the Mobile Home upon Plaintiff's 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, LLC was required to retain an attorney and did so retain Attorney Erin P. Dyer. WHEREFORE, Plaintiff, GreenPoint Credit, LLC, 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, LLC, 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, LLC, requests: a) judgment against Defendant in the amount of $32,331.39 with interest and late charges plus detention damages, special damages consisting of inter a/ia, 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. PA ID Number: 52748 Attorney for GreenPoint Credit, LLC 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\GreenPoint~lves, Thomas~CM.wpd VERIFICATION 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 are true and correct to the best of his knowledge, information and belief. Don Turosik Collection Manager GreenPoint Credit, LLC PENNSYLVANia NOTE, DISCLOSURE AND AGREEMENT TO ARBITRATE (Agreement) I~ORROWER(S): NAME: TnO~"~ .S IV_S NAME: NAMa: ~:~ R ROWER'R NAME: ~o~E~: 1-I~ MOU~T ~OCK ~OAD STATE: PA ZI~COOE: 17257 PHO~ :: '~" ~9~5 C~1'?: SH~;~kC.' ~ ' ~CATIONOFMANUF~REQHCME: 16 g~T;''' 7:~ S.S~ $~) ~2-A6 ~2297 , ~ZPP:~SBURG, PA 17257 ~e~ "* "me," "myself" or "us" means all pe~ons w;,.~ ~ ,~. ,,~ A.~re~ment as bor~wer or co-bo~ower, jointly and ~everally, and "you" or "your" means the Lender ln~icate~ below. ~, .. ,:~e of this Agreement, ~ borrow from you ~he Unpaid 8a~Ance shown ~lew The manoacture~ home described below..,~,¢r w~h furn~shjn~s, ~uipment, appliances and accassories afflxeo to · e manoac[ured home (called "Man~actured ;.,. ,, .'~ ;¢cures this foan a~ s~ f~h [n the S~u~ Agreement contained herein. LENDER: GREEMpOZNT C~EDIT. LLC PROMISE TO PAY: I promise to pay you at such i~ ?.:, you may direct the principal sum of; _~:.~RTY ONE THOU$~D ONE hTJ~DR~::, .~.1~, SEVEN ,~ND 00/100 DOLLARS (US $ 3~, 12~. O0 ), (the "Unpaid B ...... ~ or so much as maybe o~stan~jng, with interest at the rate of 13 ,75 % ~r year until the debt is paid [~ fuji, The Unpaid :-~L, ;h,zJl inclu:e and I will pay interest on any prepaid finance cha~es you agree~ to advance me, J wiif pay this amount Jr~, ,,~,.~,. ,,~:t~t~ments as shown herein in the Payment Schedule until the ~a~ance plus all accrued interest is fully paid. ,.:,;~ ,,:~y, ~ promise to pay any other charges that I may owe under the Agreement If on 10/l 8/19 I stil~ owe .; }=~,u un¢er this Agreement, I will pay such amoun~ in full on that ~ete, which is called the "Mat--'hen you c;J,,,,J ~.: ~}~cr~s~ eve~ year shall have 360 ~ays and eve~7 month shatt h~ve days an~ each monthly payment will be applied a~ ,,~ rh schedu~ due date, ANNUAL PERCENTAGE RATE The cost of my credit a.s 14,2£ % PAYMENT SCHEDULE: 18 1999 Security: I give y~u ,t ~acudty interns! in: If you do not meet your obligations und, EXHIBIT "A" ~otured Home and ol:her household goods. Hbme: AD~)I~ONAL AQCE~RiF.~ .... AND FURNISHINGS: ~. z ~mountclcredtprovided~meoron~y~a~'~ci: - W~OTF~: 28 ~. ! 8 30,19g.5i~ b. Amount credi~o ~e my account~- 2. Amounts paid to othem an my behalf:' a. To Insu/an~OompanJe~: (1) Pro~r~ Insurance (2) Crad~ Life Insurance $ (1) Ce~fi~te et Title 8 22. ~. For; $ To: For: To: ROYAL FIN~NCE O~ "'-~.~RT;:: For: B_R. RO~<~R $ 900 To: For: h, To: For: i. To: For:. j. To: For:. k, To: Amoun~ paid ~ Lender: Pon $ ,L27.00 PROPERTY INSURANCE: Property Insurance on-~he Manufactured Home is requ/re~ for ~:he term of this Agreement. I have the dght to choose the person through whom it is o~tsined. By marking my Initials next to a "Type of Insurance" listed below, I elect to buy the Insurance cove~ge indicatec~ for the term and 3ramies shown, and I want you to finance it on this Agreement. .Type of Insurance Ter~m P.._rem/um LIABILITY INSURANCE COVERAG~ FOR BODILY INJURY AND PROPERTY DAMA(.~E CAUSED TO OTHERS IS NOT iNCLUDED UNLESS INDICATED IN THE PROPERTY INSURANCE SECTION ABOVE, CREDIT LIFE iNSURANCE: CREDIT LiFE INSURANCE ~S NOT I~EQUiF~[~D FOR THIS AGREEMENT OR A FACTOR iN ITS APPROVAL. IT WILL NOT I~B PROVIDED UNLESS I SIGN BELOW AND AGREE TO PAY THE ADDJTI©NAL COST. If J elect Credit Life Insurance, the name(s) of the proposed insured(s) are: Proposed Insured. Proposed Insure~L (Only spouse can be insure~ jointll/.) Thio insurance may not pay off the entire Unpaid Balance under this Agreement. The ex~ct amount of coverage ia shown on my policy or certificate. My signature indi¢~tes my elecgion to obtain Credit Life Insurance coverage for the term and premium shown: Type of Coyerag~ _Te.rm Premium ~ 8ingle __ Joint $ 4. Unpaid Balance, (la and lb, plus 2 an~ 3) $ 5. Prepaid Rnanc~ Charge 6. Amount Financed (4 minus ~ . ~ - ,227.00 ° I understand and agree that a portion amounts may be retained th~ ~ods or services. (If ~3in! ~verage Is desired, both propc~ed insureds must 101899 ~-AODl'Ti©i ~ v ~ AND CONDITIONS._ ~ECURITY INTEREST; I grant you a securft'y int~ .,,~ , ~he Uniform Commercial Code in (1) the Manufactured Home and in ail §ODds that are or may hereafter by operation c~ i ~. :.come acceeslons to ~, (2) al~ appliance, ~chme~/, ~uipment and other ge~s furnished and afl,ed to the M~nm:_?, i Home including but not limbed to the items listed as "Add,tonal Accesso~es and Furnishings" on page 1 of thl~ j ,,~ (3) ~y refu~s of uneam~ insurance premiums financed in this Agreement, (4) any substations or mpa~mon; ~ ,,. ¢or~oing, and (~ all pr~eeds of such Manufactur~ Home and A~essiens, and of any Ad~Rion~l Accessories a~,, .... ,,~:~gs ~i~ secur~ interest Secures payment and peflo~An~ of my obligations under this Agreement, inoJu~in~ ~ny , ~ ::,., ~,~t debt a~sing because of my failure to peflo~ my obligations under this Agreement and includes Any cont~ctu~j e~en, ,, , , ~¢u~ls or m~d~i~dons, No~Rhs~nding any other provision of this Agreement you are not g~nted and will not hays, ~ ,,, mhase money secu~ interest in ' household god,Ss to the e~ent Such ~ 8ecu~ interest WOUld ~ p~hib~ed by appls To the e~ent perm~ by applicable l~w, my execmion of this Agreement ¢onstff~e¢ a waNer of my person2J , , :nd homestead exemption rights to the Man~aCtur~ Home herein describe. 1 also a~hodze you, at ~ expen~ , : :,:~ sad fits, witho~ my signature, such " financing and continuation statements, amendments, ~nd supplements the~-~,; , .~,~'.., o~her documents which you may from time te time d~m to pedect, prese~e ~nd protect your s~ur~ :~x ,.:~ sn the Manufactured Hole. I agree that you m~y fib thi~ securi~ instrument or ~ reproduction thereof in the rea es :~. ~. ;u~.d's or other Appropriate in,ex as A financing ~atement for any of the ~ems speckles above. Any reproduction of thb ~ r,, ;~trumen[ or any ether s~uri~ agreement or financing statement Any e~ensions, renewals, or a~e~d~e~ts ther¢u, ~, ? ~Jcien[ to pedecta secur~ interest w~h respect to such ~em~. &l~o agree t~ pay any filing or recording fee~ n¢c~ ,::¢ you to get &nd keep in rome y~ur secu~ int~rest and any f~s a~er this A~reement is p~id in fuji. PREPAYMENT: I MAY PREPAY THIS LOAN I;,;': ,;q iN PAET AT ANY TIME WI~OUT PENAL'"P/, ~¢ I make a prepayment, there will be no change in the due d; ~ ,r~ounts of my month9 p~yments, unles~ you ~gree in w~in~ to those changes. Any prepaid finance ch~r~es are eern~ ,./:ds. If I prepay this Ioa~ in full er default and you demand p~ymen/of the entire balance due, ~o potion of any prepaid ,; ~, h~rge will be rsunde:. PEOPER~ INSURANCE: a. Minimum Coverage, I sm required to p,, ~ . ,~amt~r~upted physical ~amase insurance coverage protecting the MAnufactured Home for the term ¢f this Ar;2 :n{ ~¢sinst less by fire, h~s ~nctu:ed within the term coverage" And any other h~ards, including ~h:-, ~, which you require insurance, in an Amoun~ equ~ (unbss state law requires othe~ise) t~ the lesser of the actu2~ t¢; ":;k:~ of the Manufacfured Home or the remaining unp~i¢ balance I owe from time to time under thb Agr~ment (the ' .j/~,j;.,i;i;~ Coverage"). ~e insurance ~olicy will c~ntain a loss payable pmte~j~g you (as your interest may Appear). ~,,,.: x ..vide for a 1Gdey no[ice of ~ce~JafJon to you. Unless you consent Jn w~ing, I shall not add Any A:d~JonAI bss p~,~.,. ,~ l~¢umn~e policy. ~ have the right to cho~e the carson through whom the prope~ insurance policy is obt&Jfled tf ~, ir,: ,~r.mce ~verage expires or is canceled pdor to payment in full of this Agreement, I must obtain no less than the sv,~n~,,,,,,, Coverage at my expense for the remaining teton of this Agreement. Should I fai~ to maintain the Minimum Cover:?j :.: r,~sy, b~ am not obligated to, o~taJn uninte~upted insurance coverage. To the e~ent palmed by applicable law, i .. :~ h:~t any insurance you ~umhase may be for the protection of only your interest In the M~nufactured Home, may not ,..,~ ,;r i~ Jn the event of a loss, and may be for such reasonable period as you ~etermine. If you decide, in your sole dis~; _~;,, o obtain insurance, you will not~ me of that fac~ and that the ~st, pbs interest ~t the rate provided for in this Agr~ ~;~ ;,, ...4~ be a~d~ to my debt. I will rep~y such amount in the manner as requJre~ by apFlicable law, or if none is requi¢,~ ¢ ~ ,m;- manner request~ ~y you. ~ undem~nd that tl~¢ insurance premiums may be higher ~ you must pumh~e the i~u,~ :¢~ ;,.: ~ mig~ ~ the ~e ~ I h~d pu~has~ the J~sur~ncs, an~ te the perm~ed by applicable law, that you may pu ~, ~h¢ i~sumnee from an affiliat~ company which may receive a profit f~r this se~ice. Assignme~ a~ Application ~f In~u~.~c ...... 3~. I he.by gr~nt and ~sslgn to you the proc~ds of any and a~l insu(ancs cove~e on the M~ufe~ured ,-,,,. ,~:bding shy optional coverage, such as e~ffhquake insurance, which in ~pe or ~moun[ is beyond the M in/mum Co ..,., ~h2 event of a loss to the Manufactured Nome, J shall g~e prompt notice to you and the insurance carrier, ff j fail to pr~>,, ~ u cdfy or make proof of less to the insurance carder, you may de so on my behalf. Al~ physical damage insurance proems,; :~; ~:Jdi~lg p~eds from o¢ionat ~verage, sh~l[ be apphed to restoration or repair of the Mansa~ured Nome, une~s : ~' ~ agr~ othe~ise in ~r~in9 ~r uness n yoJr see discreton such restorer on or reps r is not economi~lly p¢~;'.j ,¢ ~3¢.s[b e, or your secu~ interest would be lessened, ff such restoration or repair is not practical or feasible, or youi' :,,~ ~n~emst ~uld be lessenS, you shall ~ppJy the insurance premeds to the remaining unpaid balance of this Agree/,¢ ,, ,~ nor or not then due, and g~e ~e any excess, t s~ho~e any Insurer to pay you direcU~. J hereby appoint you ~¢ m- ~r,u; ~iosn~-in-fact to sign my name to any check, dr~, or other document neeesea~ to ob~in such insurance · c. Ca-collation ~f Required In~uranc~ Upor~ ;~ ~ ...... ~ Fu l, f you have u . e~pense, an~ ~ I prepay in fuf~ C'~"::.~Jnpaid ~:~;~ : u~ u~ ~;- ~ P.~hased any ~nsurance on my ~ens~r required by applicable aw (2) ~ ha~e the ~gtX ~: .... ~ ~h~ insurance and r~eive a ~un~ or cr~ of un~me~ premiums .... .,~ ~me~ (1) you w~Jl provide me w~h any' notic; or t~ continue the insurance, 'but un/ess ~ ~p~ h~]y ~uest c~ncel~etjon, the insurance will remain in affect until the sch~u~ expiration date. ~TE CHARGE: If the ~npaJd Balance at the timo: ,;~[Jon of ~his Agreement is more then $25 ~O.O0, ~hen ~ agr~ to ~y a late charge ~ you have not received the fuji ~m~: , my monthly payment ~ set fo~h on page 1 of this Agreement. Only one I&te Charge w~ll be ma~e on any ~elJ~quen~ ~ :~,' =, ~ ~ga~less ~f the period for which that insta~[men~ remains ~ defaulL After ~his Agreement matures, whether by acc~r; ,~:~., ~h~e. I will not be chs~ed a J~te cha~e. ~URNED CHECK CHARGES: I will pay you ,'j, ..,.,~ .,, ~ch higher amount ~s allowed by law) ~ shy check given to you is not honore~ ~ec~use of insufficien~ funds or ~EN~ OF DEFAULT: ~ wfiJ be ]n defsuJ~ unde~ ;hi: ~'~emsn~ ~: (a) I fail to make any payment when ~ue; lb) J break any o~her promise ~ ma~e ~o you in th~s Agreemenh ~ ~ /~1 ~g m~ke timely rental payments, or to pay ot~gr charges and ~s~essm~nts, re~ating to the ~eal Pmpe~ ~nd/~:~ ~.~? on which the Man~a~um~ Home ~s ~o~ted; (~) I v~oi~te restrictive covenants, ~les or regulations relating to the Re~ ,,,:, ~v ant/or facili~ where the Man~ac/umd Home is ~o~te~; (e) I keep the M~nufacture~ Home In good repair ant ,:,,,, ,.,,,, ~s you may reasonably dateline; (0 1 mmov,~ the Man~ctureO Home fro~ the address shown on this Agmemen ~:~; i not~ you in advance and ~Jve your wr~en consent; (¢) I sail or a~empt to sell the Manuf~ctur~ Home or to tmn:~, ,it, beneficial J~terest therein w~ho~ fi~t obtaining your wd~en ~nsent; (h) I ~lJow the Man¢sctured Home to become p~r; ~ ro~l estate withom fimt obtaining your wrJ~en consent; (0 I encumber or a~andon the M~nuf&ctured Home or use ~ for ;,~, .... lOgiCAlly; or ~ Jf any stste~ent of fact, representation or warmn~ I make to you in ~y loan application or in this Agreemem: ~ ; ,n~sf~ding, inaccurate or incompf~e. NOTICE OF DEFAULT; if any of the ~bove s~o~¢~ , ,,,)his of Default have occuffed, you may do w~atever is necessa~ ~ect my default. You witJ, except as set fodh ,.h ',. ,i¢~ 9ire me a Notice of Default an~ Right to Cure DefAu~ before you accelerate payment of the remaining unpaid bal¢,,~ ] wa you or repossess or foreclose on any pmpe~ which secures this Agreement. The Notice will tell me what my def2.u~ [ ,~:~ how 1 can cure b~ Except as othe~ise r~uire¢ by applicable ~aw, you are not r~uire~ to Send me this Notice when (~) ,:,,:, . e ~re~dy sent a Notice three times within the pr~eding on.year period, (2) I h~ve abandoned or votuntadly surrenj ~ ¢ ,~o Mzn~actur~ Home, or (3) other e~reme circumstznces exist which ~uld ~pard~e your seCu~ interest. REMEDIES UPON DEFAULT: If I~o not cure d~ ~,' you may do any ¢rAIl of the following At the end ¢ the notice ss allowed by appli~ble law: (a) you can requf~-{~ ,,~: ~ ,,m,2distely pay you the entire remaining Unpaid Balance ~ue under this Agreement plus scc~ed interest; (b) you may r:~;h ,~,.;.j reimbume you in ouch manner ss required by ~pplic~ble low, or none is required In the manner r~uested by you ,,j :: ;r'es: st the rate provi:eo for In ~his Agreement, the amount of funos you a~ualJy ~dvance on my behalf to corr~t my de~¢ ¢~; ?) /ou m~y, but are not required to, pay t~es, insurance premiums, fees, Mancactur~ Home If I have not done so ~= re{~ ;l~; ,n ~his Acr~ment; (d) to the e~ent pe~i~ by applicable law, you cancel any insursnce for which att or a pea of ~h ,, ~m~ums or charges was financed by you, obtain a refund of unearn~ premiums or charges, ~nd Apply those amount~ _~ j,,:. ~h¢ Unpaid Balance, er (e) you ~n rep~sess the ManufActured Home. if you are not requir~ to sen~ me the Not ~ o~:.X L a~d Right to Cure Defautt, you will have these nghts immediately upon my default. If you repossecs the Mancsctured h ~,,,~, :,id t d~ not exercise any right to cure ~r redeem the Mancac~ured Home that I may have, you may dispose of ~ as r~u;r ~ h,/ ~ppticsble I~w, YOU will g~e me w~en noti~ at least t~n (15) ~fore shy repossession safe. The notice ~half 5 -; .~, ~o the a~dre~ shown as Bo~wer's Address s~tion on the flint page of this Agreement or to ~ny ether s:~ress which ~ I:~[~;~ ~?,~ you in w~ing. E~ore the sale I still may get back the Msn~actur~ H~me ~ I (1) pay you all installments ~ue er p~s n, ~h~ time of :ellve~ of the Man~a~umd Home b~ck to me, (2) pay y~ ~l unpaid delinquency or :efe~ed ¢he~es, (~) ,.._. ~ ~, your ~ts of suit, including .but not lim~ed to a~omeys' fees to which you have a right under Agr~ment, (4) curo ~h/ ;~ . J~au~ which may have ~curmd, ~nd (5) ~ my ~ef~uR at the time of reposs~sion exce~e~ f~n (15) ¢ays, th~ ~;;; : of retaking, repAinng and stoflng the Man~acture¢ Home allowed by law. You Will apply the precede of any rep~s~:~::kx, .~[; (1) fim~, to your ex.rises in selling the ManufA(3ur~ Home, then (2) to your costs of retaking, repairing an~ storing ~' ,~,x~¢&ctured Home, then (3) to your reasonable and actual cOud costs and ~y a~omeys' fees to which you have a dghf u~ ;; d,.; ~s~s of this Agreement, then (4} to late charge~, znd then (~ to lhe balan~ ~ill ~ue. If there is any surplus money ,ox .3 ~eposs~sJon sa e. ff will be refunded to me. If ~hem is still a due you, I must pay ~ to you, except ~ othe¢~¥L; ¢:, .~dcd by ~w. If you re~ssess, you also m~y~ke p~session ef any other prope~ on.here In or a~ach~ to the M~n~ ~_~.,.., i 'rO~e YOU sgr~ to return ail such prepe~ to me upon my r~uest. You may hetd the pmPe~ for ~e at my risk w~hou~ iL~3h ,, on your ~. fyouta~e~ssess[on~fanysuchDro~e~ ouwill me in wrying. If I do not then promptly claim & ~d ' ;o=sessi~* *¢ *~ ......... - - ~' y not~ reasonable manner. I Will pay any reasonab~ ' ~,, ~- ,-,~ F,uper[y, you nave my ~[ssion to ¢isp~e cf ~ ~n a ............... ,;¢,:~ which you may incur for storing or sh~pping such prope~. Atf rambles a, A~itration. You end I agree to li,:mte ~.~,:, ~ ~') disputes, torts, col~- 'claims, or any ~har ~a~ar in question b~een you ~nd I adsing o~ of, in Conn~tf~ ,~.. j~ ~ny way re~ating to th~s ~gmemen~ ¢C~aims") (including whether C~a~m must be arboreta) and (2) a~ Cialm~ a,;i:. ,~ in conn~ion w~h, or relating to a transa~on J~voIv)~g ~ou and one or more third pa~es who have nc~ iF; ,: ~h~s Agr~ment which a third pa~ elec~ ~o ad2~rate ("Third la,ms ). HOwever, ne~her you or I can requh-~ ;, ,h; ~'to s~r~te (1) any pre.ding in Which a lien hotder rosy acquire or convey t~le to ~r possession ~ any pmpe~/,. ~;; , :~;cu~/under this Agreement, or (2) an appiica on ~y or on ~half of ~nfomement of th~s exce~ion to arbitration ~: .:, ..~, will not w~ive the right te a~Jt~te an~ other O~im er Thir~ CJaj~, inc/uding those asse~ed as a ceunterci~. ~ [,, ~ ~;'¢~;¢ub under thJ~ exception to arbb~tJon. b. Rules. ~e arbitration sh~ll be (1) bin:ing, ~., ;,?~m~ by (0 the F~emj Arb~mt~on Act ~e '~ oi the United Code); (i0 the Exped~ed Procedures of th¢~ :., >~'cie~ Arbitration Rul~ of the Amebean A~br,ation Association (the "Arb~ratJon ~ules*) in effect at the ti~e ~i~-2~ ¢, ~ questS, an~ (iii) this Agr~ent. A copy of the A~krat~on Rules, free of ¢harge, mey be obtained by calling (800) 7; ', ]_ -~ 2rbb~tor sha~l have aJJ powem previd~ by ~he Arbaration Rules and this Agreement and sh~l apply the ~w, J ,~., ,.; u ~ot tim~ to all statutes of limitation, which would othe~ise apply The awarO of the arb~rator(s) ~hat} be in w.~,: ,~¢~ incluce a statement of reasons for the award. Jf the te~s of this Agreement ~nd the Arb~rati~n Ru~es conflict, ;; ~rms of this Agreement shall control the e~e~t of the ~onflict. The arbitration shall be con~u~ed in the f~er2[ ~, i,;~ ,~ ~is(r~ct where my residence is ~ocated, or at 8ny other place acceptable to you ~nd I. The ~r~mtlon hearl¢~ ;¢ ,~ ,~in w~hin fo.-five (4~ days of the demand for erb~r~tion. if ~ have the right to rescind this Agreement, - . ,' ¢~ will ~o~ rescind this &gresen[ ~o arb~te. You and I a~ree ~hat the arbitration proceecfi..,: , cor~¢ident~J, The info.alien disclosed in such proceedings cannot be us~ for any purpose In any other proc¢6~d¢,:, ibis Agr~ment is the only agreement be~een you end I regarding ~rb~ration, ~nd takes the place of any pd~ ,, :,~¢~ to zrbitr~te Claims. This Agreement may be modified only by w~en agreement be~een you ~nd f. THE ARBITRATION WILL TAKE THE ~:,,,; ;; ¢.d~jy COURT PROCEEDING, iNCLUDIN¢ A 7~lAL WITH A JUDGE OR A JUDGE AND JURY. THE ARB TRATO: ;., .~WARD DAMAGES OR OTHER RELIEF ONLY TO YOU OR l, ~ERE SHALL BE NO C~SS CLAIm, S .,_.; :; :,~F. ANY DAMAGES AWARDED BY 7HE ARBI'rRATOR SHALL LI~I~ TO ACTUAL AND DIRECT DAJU; Z ,'OU AND I EXPRESSLy WAIVE ANY RIGHT TO CONSEQUENTIAL, PUNITIVE OR TREBLE DAMAGE~. A~ORNEy ~E$; if I prevail in any legal: d,~,: ,:,, ~rbit~tJon proceeding which is commence~ in connection with the enforcement of this Agreement or any instmmer~,; , ;~¢'nent r~ufred under this Agreement' er in c~fln~,c[~o~ with any d~sp~e relatin~ to this Ag~ement, you wi]l p~y my i'&; ;;,~ N ~'Gomey fees, cou~ ~sts, and necessaW d~sbumement$ incurred ~nnection w~h $uch action er ~r~ee~Jng, ~s ~.J~,,)hq~d by the couP, or the arb~rator(s) ~n accordance with the I~w, If you prevail in any such ~ction or proc~ing, el- ;,~ ;h_ ~.<¢rclse Of any se/f-hei~ remedy as descdbeC above, I will pay any mSson~bfe fees paid by you to sn a~Omey :4,,. ~; ~o~ y~ur ssiarie¢ employee, together wkh c~u~ costs and nece8sa~ ~isbumements to the full e~ent perm~ by OTHER TERMS AND CONDITIONS: I agree,; ~ ~,; ~y wffh my monthly Jns~llments, ~ r~uested by y~u to do ~o, the estimated amount ne~ssa~ t~ p~y yeady ~(=:, ,;,, ;:~smen~ ~nd insuran~ premium~ that will ~cr~m¢ due w~hin the ne~ ~eiv~month pedo¢; (b) to pay you a [mnsfo~:, ~ ss[I the M~ngactured Home, unless such f~ is prohibit~ by taw; (c) except ss othe~ise pmvid~ by applicable <, ,:v i~terest at the rate provid~ for in this Agreement on the remaining ~mmuni~ prope~ stele, ~th my communE,. ,) and Serrate ~mpe~ wJJJ be liable for all Payments due under this Agreement; and (e) ~ another posen a~em¢c ,: ,,~ ;: pctyments on my beha~, you are not obligated to acce¢ them If you a~ept them, you are not releasing me or w~ ;, :~/ of your ~ghts against me, and author2e you to d scuss wbh ~ P~e~ures and remedies , .~ ,.~ o~.~us ~na your collation ASSIGNMENT: You may assign thJ~ Agree'n.. ,. ~.. ::,~7 p~on or ontO. All Hgh[s grsnt~ to you under thi~ Agr~ment shall ~pply to any ~signee of this Agr~ment. CREDIT INFORMATION: You may inv. e.s. tigate ~nv :, , i;~ocy sad credit capaci~ in connection wi~h opening eno ~y ~count ~d share i~fo~tion ab me and u~ : ~ ~.,,~ cmd~ mpo~ing ~ ~cies. ~nJess pmhib~ad by ~ppiicable taw, you m~y sell or othe~lse furnish information ~b~:, ~: uJ'Jdin9 insumn~ info~don, to all ethe~ who may la~u[~ r~eive such info.afl.n, Including s~ific info~atlon ebc~: ~ ,,]~nuf~c~ Home, ~nd any [nsur=nce policies on the Man~c~ur~ Home and the Real P~pe~ to ~ny insurance ~?:bJe such agent to quote premiums to me ~n~ solicit my insurance business. WAIVER, MODIFICATION, INTEGRATION: You~ .: .... , zny def&ult shall not coastline a waiver of any ether defsuE. Nc te~ of this Agreemen~ shall be changed unle~ ~,, ~ ,~.~,)~ sad signed by one of your offi~. This Agreement and other documents exec~e~ by me in connexion w~h thL: ,~ .;.~o~qL is the entlm agreement b~n us and I agree that no oral or implied representations h~ve ~en made to indu~:. _, ~ter into ~is Agreement. By cheosfn¢ or exercising one or m~r6 rarefies heroin, you do not waive your right to f~; , ~ ~u~ue one or mom other remedies, except a~; i[m~ed by ~pplicabl~ I&W. VALIDLY: Wherever possible e~ch provisio~ et . ,= ~ent sh~[[ be integrated in such s m~nner ~ts to be e~e~ive snc v~lid under applic&ble law, but ~ any provision o~ ~hi . ,,~ecrnent sh~[[ be prohib~ed by or inv&]id under ~ppticsbie law, such provision sh~l[ be ineffective only to the e~er~ ,, }~rohib~ion or invalidS, w~ho~ invalidating the remainder of such provision or the ~msining provisions of this Agred,=~ ~,, ~;~is Agr~ment shall be of ~o effect until and unless signed by me ~nc ~ept~ by you. tn no event shall say charge ur~ ~, ,,;~; ~.9reement ex.ed the highest ~mount allowed by applicable ~ny excess charge is receive such excess sh~ll. ,' ' ~ ,d or ~pp[led to the Unp&id B~mnce, GOVERNING ~W: E&ch provision of this Agree., ,~: ,-J~ be censtm~ in accordance with sad governed by the laws of the Commonweal[h of Pennsylvania, provided that '~e :,~ ~ 'you h~ve gre~ter dghts or remedies under federal I~w, such choice of slate [~w shall not ~e deem~ to depdve yes eT :~ ,. ,'. ~& er dghts &nd remedies under federal law, NOTICE: You will send ~II notices concerning ~h[; . ,.,~nt or my tosn to me ~t the ~¢dress listed on the fi~t page of thi~ Agreement unless I noti~ you in w~tng YOU AND I HAVE READ AND FULLY UNDER~ -:; ~;{[~ AGREEMENT, iNCLUDING THE PARAGRAPH CALLING FOE RESOLVING DISPUTES BY ARBI~RA~ON, ~ G~EE ~AT ~lS AGREEMENT S~S FO~?H OUR ENTRE AGREEMENT AND THAT NO O~E~ PRO~IS ;. ~2- 8~EN MADE. ¢~,' . j A COMPLETED COPY OF ?HIS AGREF~iV/E-NT A THE BORROWER ACKNOWLEDGES RE ¢¢.~': ~ ,: !~ OF SIGNING Borrower DATEOFTMI$ AGAEEMENT: !~P3,46 1~,~8 MH THOMAS ~V~S ~6 SPRING ~H~PPENSBuRG : I;REENpOiNT CRE~s £t~ :613 TD~2-P2-qnH Fz~ (724) 873-~82§ any addition~.d~e U~r p~y~ont beeor~ ~: ,,~ ~n~h~g thi~ cure peri~, thi~ paint ~st ~so be P~d fn PA (144) EXHIBIT "C" SHERIFF'S RETURN - REGULAR CASE NO: 2001-05218 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENPOINT CREDIT LLC VS IVES THOMAS SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon IVES THOMAS the DEFENDANT , at 1840:00 HOURS, at 16 SPRING DR SHIPPENSBURG, PA 17257 THOMAS IVES on the 7th day of September, 2001 by handing to 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 18.00 Service 13.65 Affidavit .00 Surcharge 10.00 .00 41.65 Sworn and Subscribed to before me this /3~ day of ~ ~/ A.D. · Prothonotary So Answers: R. Thomas Kline 09/10/2001 ERIN DYER By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, ) ) Plaintiff, ) ) v. ) ) Thomas Ives, ) ) Defendant. ) CIVIL DIVISION No. 01-5218 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter judgment by default in favor of Plaintiff GreenPoint Credit, LLC and against Defendant Thomas Ives for his failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty days from the date of service thereof. Defendant was served with the Complaint on September 7, 2001 and his answer was due to be filed on September 27, 2001. Attached as Exhibit "A" is a copy of plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was mailed by regular mail to the Defendant at his last known address and to his attorney of record, if any, on October 1, 2001, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for possession of the 1993 Pinegrove Manufactured Home, Serial Number GP38613AB, that being the relief demanded in the Complaint. Attachments: Erin P. Dyer, Esquire PA ID Number: 52748 Attorney for GreenPoint 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 Ten Day Notice Affidavit of Non-Military Service & Last Known Address L:\GmenPoint\lves, Thomas~DJ Only.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, CIVIL DIVISION Plaintiff, No. 01-5218 Civil Term V, Thomas Ives, Defendants. Via Certified Mail #7000-1670-0013-4594-7554 and Certificate of Mailing Thomas Ives 16 Spdng Drive Shippensburg, PA 17257 Date of' Notice: October 1, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AN D YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 800-990-9108 (717) 249-3166 Erin P. Dyer, Esquire Attorney for Plaintiff 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975 L:\GreenPoin~ves, Thomas\TDN.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, ) ) Plaintiff, ) ) v. ) ) Thomas Ives, ) ) Defendant. ) CIVIL DIVISION No. 01-5218 Civil Term Thomas Ives 16 Spring Drive Shippensburg, PA 17257 NOTICE Pursuant to the requirements of Pa. R.C.P. 236, you are hereby notified that: JUDGMENT BY DEFAULT has been entered against you in the above proceeding. P~thon(~ta-ry of Cumb~'lan~ty IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GreenPoint Credit, LLC, ) ) Plaintiff, ) ) v. ) ) Thomas Ives, ) ) Defendant. ) CIVIL DIVISION No. 01-5218 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE & LAST KNOWN ADDRESS ERIN P. DYER, Attorney, being duly sworn according to law, deposes and says that he makes this affidavit on behalf of the within Plaintiff, being so authorized avers that Defendant's place of residence is 16 Spring Drive, Shippensburg, PA 17257, and that he is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. § 501, et seq. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Erin P. Esquire PA ID Number: 52748 Attorney for GreenPoint 2021 Murray Avenue, Suite B Pittsburgh, PA 15217 (412) 422-8975