HomeMy WebLinkAbout02-3663IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of
America FSB,
Plaintiff,
James M. Huffman and
Shannon Huffman,
Defendants.
CIVIL DIVISION
Complaint in Civil Action - Replevin
Filed on behalf of: GreenPoint Credit
LLC, as servicing agent for
BankAmerica Housing Services, a
division of Bank of America FSB
Counsel of Record for this Party:
Erin P. Dyer, Esquire
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing )
agent for BankAmerica Housing )
Services, a division of Bank of )
America FSB, )
)
Plaintiff, )
)
V. )
)
James M. Huffman and )
Shannon Huffman, )
)
Defendants. )
CIVIL DIVISION
No.
NOTICE
THIS FIRM IS a DEBT COLLECTOR ATrEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY
RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS
NOTICE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A'CI'EMPT TO COLLECT A
DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
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.
Cumberland County Bar Association
2 Liberty Ave.
Carlisle, PA 17013
(800) 990-9108
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISE THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 16 U.S.C. §
1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR
ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY
(30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY
(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing )
agent for BankAmerica Housing )
Services, a division of Bank of )
America FSB, )
)
Plaintiff, )
)
V. )
)
James M. Huffman and )
Shannon Huffman, )
)
Defendants. )
)
CIVIL DIVISION
THIS FIRM IS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE. IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT
REAFFIRMED, THIS NOTICE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN
A'I-I'EMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST
PROPERTY.
COMPLAINT
COUNT I - REPLEVIN - AGAINST ALL DEFENDANTS
AND NOW comes GreenPoint Credit LLC, as servicing agent for BankAmerica
Housing Services, a division of Bank of America FSB, by and through its attorney, Erin P.
Dyer, Esquire, and avers the following in support of its Complaint in Replevin:
1. GreenPoint Credit LLC, as servicing agent for BankAmerica Housing
Services, a division of Bank of America FSB, hereinafter referred to as "Plaintiff" or
"GreenPoint," is a corporation duly authorized to conduct business in the Commonwealth
of Pennsylvania and has a principal place of business located at 400 Southpointe
Boulevard, Southpointe Plaza I, Suite 230, Canonsburg, PA 15317.
2. James M. Huffman, hereinafter the "Pumhaser" and Shannon Huffman,
hereinafter the "Occupant" are individuals whose last known addresses are 27 Rays Drive,
Newville, PA 17241. Purchaser and Occupant shall hereinafter be referred to jointly as
Defendants, when applicable.
3. On or about October 2, 1997, Purchaser bought a 1997 Redman Shadow
Ridge Manufactured Home, Serial Number 12231585 (the "Mobile Home"), from Country
Side Village Homes, Inc. (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 BankAmerica
Housing Services, a division of Bank of^merica FSB. BankAmerica Housing Services,
a division of Bank of America FSB, perfected its security interest in said mobile home by
having an encumbrance on the title thereto. A true and correct copy-of the Certificate of
Title is attached hereto as Exhibit"B." BankAmerica Housing Services, a division of Bank
of America FSB, assigned its servicing rights in said Security ,Agreement to Plaintiff,
GreenPoint.
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$51,000.00 and that the said Mobile Home is in Purchaser's and Occupant's possession
located at the address described above.
6. Purchaser defaulted under the terms of the Security Agreement by failing to
make payments when due. As of July 18, 2002, the Purchaser's payments of interest and
principal were in arrears in the amount of $588.07. Pursuant to the Acceleration Clause
in the Security Agreement the amount outstanding as of July 18, 2002, is $51,349.06.
2
7. Plaintiff provided Purchaser 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.
Purchaser 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. Purchaser 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, as servicing agent for
BankAmerica Housing Services, a division of Bank of America FSB was required to retain
an attorney and did so retain Attorney Erin P. Dyer.
WHEREFORE, Plaintiff, GreenPoint Credit LLC, as servicing agent for BankAmerica
Housing Services, a division of Bank of America FSB, requests:
a) judgment for possession against all Defendants to recover the Mobile
Home, plus costs; and
b) judgment against Purchaser for detention damages, special damages
consisting ofinteralia, 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.
Respectfully submitted:
Erin~
Attorney for GreenPoint Credit LLC
PA ID Number: 52748
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint~-Iuffman, James & Shannon\CM REP Occu.wpd
· PENNSYLVANIA
· RETAIL INSTALLMENT CONTRACT, SECURITY AGREEMENT. I :o^.~N Aol o~97
WAIVER OF TRIAL BY JURY AND AGREEMENT TO~'o~-::qOF~C N :' ~
(Contra~) ~. ~ .:_ ~ o
~ ' ~ "~ACCT NO'
NAME;
NAME;
MH VARIABLB RATE CONTRACT
BUYER'~ NAMe: ' COUNTY: CUMBERLAND
ADORESS: 411 JUNIPER STR~T CITY:CARLISLE STATE: PA Zl~: 17013
PHONE: ?17/2~1-~248 $, $5¢. #(S): 214-45 '5313
~ROPOS~D LOOAllON'O~ ~ANU~AC~J~D HOM~: 27 I~¥S DRIV! NEWVILLE, PA 1724 !
"1," "me," "myself' or "my" mean all persons who sign this Contract u buyer or co*buyer, icintly and several[y'i and "you" or
"your* mean the Seller and any assignee. This Contract will 13e submitted to the Creditor indicated below, at a iocal office and, ff
approved, it will be assigned to that Creditor. On the date of this Contract, I buy from ~ou on a credit sale basis the manufactured
home described on page 2, together with furnishings, equipment, appliances and acoaseories included in the manufactured
home at the time of purchase (¢a~lad "Manufactured Home")·
CRED~TOR:BANKAHRRiCA ~OUSING_ SERVICES, A DIVISION Or BANK OF A-WERICA, FSB
PROMISE TO PAY: I promise to pay you at such address as you may direct the Unpaid BaJance shown on page 2 cf this
Contract (item 5) with interest at the initial rate cf $. 25 % per year. The interest rate I will pay wiJl change Jn ascordance
with the provisions of this Contract, I will pay this amount in installments as shown in the payment schedule, or as recomputed
due to changes in the interest rate, until the Unpaid Balance is fully paid. If, on 3.0/02/'27 , I still owe any amount under
this Contra~t, I will pay such amount in full on that date, which is called the "Maturity Date." Each monthly payment will be
applied as of its scheduled due date. If nc interest rate is disclosed above, the initial interest rate is the Annual Percentage Rate
shown below.
INTEREST RATE: My initial interest rate may not be based on the index used to make later adjustments. My interest rate may
change 1 [ months after my first payment ie due and every 12 months thereafter based on movements ~n the monthly
average yield on United States Treasury securities adjusted to a ccnstah~ maturity of one year, as made available by the Federal
Reserve Board, which is the index rate. My interest rate cannot increase or decrease by more than 2.00 % at any interest
rate change or by more than 5.0._.._._~0 % over the term of the Contract. The interest rate will equal the index rate in effect
45 days before the interest rate change date plus a margin of 4.25 .% (rounded to the NEAREST 1/8
of one percentage point) unJees the interest rate caps limit the amount of change in the interest rate. If this index rate is no
longer available, you may choose a new index that is based upon comparable information.
ANNUAL
PERCENTAGE
RATE
The cost st my credit as
a yeady rate (which is
subject to %an.g;)~ %
FINANCE CHARGE
The dollar amount the
credit will ~OSt me (which
is subjeCt to ahange):
$ 109,028.86
Amount Financed
my behalf:
$ 52,575.50
Sea Contrast ten'ns for addi~onal Information ~
about nonpayment, default, required repa~yment Paymenm
in full before ~e ~edule~ da~. a~d . :'.:~ .
prepayment refunds ~d pen~aa. My i2
Pmpaymenc It I pay off e=~, I wilt not [pa~ent 3 4 8
ena~eO to a refund of ~e P~p~d IW~iI be-
Rn~ che~e,~ any. ~.~.. ·
se~d~: I give you a s~u~ inmrest in the goods or prope~ being pumhased.
~te Charge: It a payment is more ~an ~ ~ays late, I will De e~a~ed 2
S 5.00
Total of Payments
The amount I will have paid
whioh ia subject to change):
$ 161,60~.36 $ 167,446,36
See~ F~n. Ch'H%/Amoun! ;i[I. Total ~s . +'DOwn
Payments ....... W~en Paymenm Are Due
3 9 &, 9 9 Mon~ly, beginning 'NOVE~ER 0 2 .... lg
450.76 Monffily. beglnnlng NOVE~ER 02 19
.00 M~n~N, b~inning lg
,0 0 Monthly, beginning _ 19
Total Sale Price
The total c~st of my
purchase on credit
(whle.~ is au0jact to
~nange) ineludthg my
down payment
$ 5,84z.00
Variable Rare: My Contract ~ntalna avadable rate feasts. Disclosures about the variable ram feature have been provided ta me e~lier.
Assumpflem Someone bu~g my M~ufae~red Home may, u~der ce~J~ circumvents, be allowed ~ assume ~e re~aln~er of the Can~aet on the
The above disclosures are based on terms
of Payments, Annual Per,'entage Rate,
ET/GO'd £9@~ ~I@ 008
EXHIBIT "A"
rf the interest rate changes, actual Amount
qore or less than disclosed aloove.
~0: 9 T
De~ril~tion a!
Menufeotured
TRADE NAME: ~E~)~.~N HOMES
YEA, R; 97 NEW: X
SEEIAL
MODEL: A! 2 B
LENGTH: 64 ft. WIDTH: 2 @ fL
ADDITIONAL AIR CONDITNG
ACCE~ORIB$ S~D
AND FURNISHINGS: __
092997
· .' .ITEMIZATION.OF AMOUNTFINANCED ~ :
1. Cash Price (Including Sales
Tax cf S ,00,); ................. $ 5B,120.00
2. a. Cash Down Psy~]ent ........$ ~,842.00
b. Trade. In (Year. Make, Model): ....
Length Width
Gross Value $ .0 0 Uens $ ,0 0
Net Trade-in Value
Total Down Payment
4. Amounts paid to o~ere on my behalf:.*
a. To Insurance Companies:
(Seller to pay of0
.00
$ ~5, 842.00
$ 52,27 8.00
(1) Property Insurance $ 270,00
(2) Credit Ufa Insu~:ance $ .00
· b. To Public OffiCials:
(1) Ce~ticate of Title .........$ 22.50
(2) FILING F~"ES $ 5.00
c. To Creditor.
For: $ ,00
d. To:
For:
$ .00
0. To:
$
f. To:
For:
.00
g. TO:
For:
h. To:
For:,
Total (a +b+c+d +e + f+g +h) ........
$ ,00
$ 297 .SO
5. Unpaid Balance (3 plus 4) ..................... $
6. Prepaid Finance Cl~arge ...................... $ ,00
7. Amount Finan=ad (E minus 8) ................... $ 52,575,~0
52,575.S0
understand and agree that a portion of certain of these amounts
may be retained by you or your affiliate.
SKIRTING
DECKS
'v.:: .. ,'.; i~:::~:i:? INSURANCE·
PROPERTY 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 llne
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
__X PllylmalDlm/~iCavarJ~* 12~OS $' 27 0.00
__ BROAD FO~ --. S
LIABILITY 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
net required for this Contract or a factor in its approval.
If I elect Credit Life Insurance, the name(s) of the
proposed insured(s) are:
Proposed Insured
Proposed Insured
(Only spouse ~n be insured jointly.) ' '
This insurance ~a.y not pay off all of my debt, and the
exact amount of coverage is shown on my policy or
certifioate, My signature indicates my election to obtain
Credit Life Insurance coverage for the term and
premium ~hown:'
Type of Coverage Term Premium
__ Single , $
Joint ~ $
Date
(signature)
Date
(eigns~m)
(If joint <3overage is desired, bol~ proposed insursds must sign.)
EI/LO'd £98I LIS 008 T9 INID~NB~SD 0I:9I 8000-EE-9R£
AL . rlONAL TERMS AND CONDITIONS
VARIABLE RATE:
a, Monthly Payment Changes, My monthly payment amount will change each time my interest rate is adjusted, The monthly
payment amount will fully anno~ze the remaining unpaid balance at the adjusted interest rate in equal monthly payments
over the remaining term of this Contract.
b. Notice of Interest Rate and Monthly Payment Changes. You will send me notice cf an adjustment in the interest rate and
monthly payment at least 25 days before the adjustment. This notice wili contain information about the index rate, interest
rate, payment amount and remaining unpaid balance.
c. Conversion t(~ Fixed Rate. I may choose to convert this Contract to a fixed rate Contract at any time beginning
Zr. RO years from the date of this Contract and ending 30 . years from the date cf this Contract. In
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 cf my
desire to convert to a fixed rate, r must execute a revision agreement and I must pay a nonrefundable conversion fee. The
new fixed interest rate will be your standard fixed interest rate for a comparable Contract on the date that you receive my
written notification. The new fixed rate will take effect on the "Conversion Date," which shall be my next payment due date
that is at least 30 days after your timely receipt of a revision agreement signed by all Sorrowers together with a
nonrefundable conversion fee of $ 200.00 . The new fixed rata and the Conversion Date are subject to
change if my revision agreement and fees are received after the date specified [n the revision agreement. My new payment
amount will be effective with the frrst payment following the Conversion Date.
SECURITY INTEREST: I grant you a security interest under the Uniform Commercial Code in (1) the Manufactured Home and in
all goods that are or may hereafter I?y operation of law become accessions to it, (2) all appliances, manhine~, equipment and
other goods furnished with the Manufactured Home (whether or not inst~lled or affixed to it) including but not limited to the items
listed as "Additional Accessc~ries and Furnishings" on page 1 of this Contract, (3) any refunds of unearned insurance premiums
financed in this Contract, (4) any substitutions or replacements of the foregoing, and (5) ail proceeds of such Manufactured
Home and accessions, and of any Additional Accessories and Furnishings. This security interest secures payment and
per/ormance of my obligations under this Contract, including any additional 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
constitutes a waiver of my personal property and homestead exemption rights to the personal property herein described. I will
sign and deliver to you whatever financing statements and other documents you deem necessary to allow you to perfect your
security interest in any personal property and fixtures. I agree that you may file this security instrument or a reproduction thereof
in the real estate records or other appropriate index as a financing statement for any of the items specified above. Any
reproduction of this secudty instrument or any other security agreement Or financing statement, and any extensions, renewals, or
amendments thereof, shall be sufficient to perfect a security interest with respect to such items,
PREPAYMENT: I MAY PREPAY THIS CONTRACT IN FULL OR IN PART AT ANY TIME WITHOUT PENALTY, BUT I WILL
NOT BE ENTITLED TO A REFUND OF THE PREPAID FINANCE CHARGE, IF ANY. IF I MAKE A PARTIAL PREPAYMENT,
THERE WILL BE NO CHANGE IN THE DUE nATES OR AMOUNTS OF MY MONTHLY PAYMENTS~ UNLESS YOU AGREE
IN WRITING TO THOSE CHANGES.
PROPERTY INSURANCE:
a. Minimum Coverage, I am required to provide physical damage insurance coverage protecting the Manufactured Home for
the term of this Contract against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including flood, for which you require insurance, in an amount equal to the lesser of the actual cash value ct the
Manufactured Home or the remaining unpaid balance I owe from time to time on this Contract (the "Minimum Coverage"),
The insurance policy will contain a loss payable clause protecting you (as your interest may appear), and provide for a
1 O-day notice cf cancellation to you. Unless you consent in writing, I shall hot add any additional loss payee to the insurance
policy. I have the right to choose the person through whom the proper'b/insurance policy Is obtained. If my insurance
coverage expires or is cancelled prior to payment in full of this Contract, I must obtain nc less than the Minimum Coverage at
my expense for the remaining term of this Contract. Should I fail to maintain the Minimum Coverage, you may, but are not
obligated to, obtain insurance coverage. I agree that any insurance you purchase may be for the protection of only your
interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period as
you determine. Jf you decide, in your sole discretion, to obtain insurance, you will notify me of that fact and that the cost, plus
interest at the Contract rate, 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 insurance than might be
the case if I had purchased the insurance, and that you may purchase the insurance from an affiliated company which may
receive a profit for this service.
Assignment end Application of Insurance Proceeds. I hereby grant and assign to you the proceeds of any and a
insuranoe ooverage 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 -', loss to the Manufactured Home, I shall give prompt notio
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 [ agree otherwise in writing or unless such restoration or repair is nc
eoonomJcally 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 balane~
of this Contract, whether or not then due, and give me any excess. J authorize any insurer to pay you directly. I herab
appoint you as my I/m/ted attorney-in-fool to sign my name to any check, draft, or other document necessary to obtain sucl
insurance payments.
LATE CHARGE: I agree to pay a late charge for late payment as set forth on the front of this Contract, Only one late charge wi
be made on any delinquent inetaJImant regard]ess of the period for which that installment remains in default, After this Contras
matures, whether by acceleration or otherwise, I will not be charged a late charge.
RETURNED CHECK CHARGES: I will pay you the actual charge of the dishonoring institution (or suoh higher amoun
as allowed by law) if any check given to you is not honored because of insufficient funds or because no such acoount exists.
EVENTS OF DEFAULT: I will be in default under this Contract if: (a) I fail to make any payment when due; (b) I fail to time!
make rental payments, or to pay other charges and assessments, relating to the real property and/or facility oh which th~
Manufactured Home is located; (c) I violate restrictive covenants, rules or regulations relating to the real property and/or facile
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 Manufacturecl Home from the address shown on this Contract unless I notify you i~
advance and receive your written consent; (f) I sell or attempt to sell or to transfer any beneficial interest in the Manufaofure,
Home without first obtaining your written consent; (g) I allow the Manufactured Home to become pert of any real estate w/thou
first obtaining your written oonsent; (h) I encumber or abandon the Manufactured Home or use it for hire or illegally: (i) 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:
lose!ed, if this ie my responsibility; and/or (j) I fail to do anything eisa 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
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before yo~
accelerate payment of the remaining unpaid balance I owe you or repossess or foreclose on any propen'y which secures this
Contract. The Notice will tell me what my default is and how I 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 haw
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 title to the Manufactured Home is transferred from me, which wi
be at least 48 days after receipt of the Notice of Default and Right to Cure Default. To cure e default, I must pay; (a) all amount
which would have been due in the ~tbsance of default and acceleration; (b) the attorney fees set forth below; (c) any late charge
that are due: and (d) reasonable ocet~ which are actually incurred for deta=hing 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 default, you may do either or both of the following at the end of the noti=
period, as allowed by applicable law: (a) you can require me to Immediately pay you the entire remaining unpaid balance du~
under this Contract plus accrued interest or (b) you can repossess the Manufactured Home pursuant to the security interest
give you under this Contract. ~f you are ~not required to send me the Notice of Default and Right to Cure Default, you will haw
these rights immediately upon my default. Once you get possession of the Manufactured Home you will sell it, If the amount fron
the sale, after expenses, is Jess than what I owe you, I will pay you the difference except as otherwise provided by law. A
remedies are cumulative and you may enforce them separately or together in any order you deem necessary to protect you
ARBITRATION OF DISPUTES AND WAIVER OF JURY TRIAL:
a. Dispute Resolution. Any controversy or claim between or among you and me or our assignees arising out of or relating t~
this Contract or any agreements or instruments relating to or delivered in connection with this Contract, including any slain
based cn or arising from an alleged tort, shall, if requested by either you or me, be determined by arbitration, reference, o
thai by a judge as provided below. A controversy involving only a single claimant, or claimants who are related or assertin~
claims arising from a single transaction, shall be determined by arbitration as described below. Any other oontroveray shall b;
determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the con,'overs,
is vanued lacks the power to appoint a referee, by trial by a judge without a jury, as described below. YOU AND 1AGREi
ANI~ UNDERSTAND THAT WE ARE G, IG UP THE RIGHT TO TRIAL BY JUR'. ,4.ND THERE SHALl. BE NO JURY
WHETHER THE CONTROVERSY OR CLAIM IS DECIDED BY ARBITRATION, By JUDICtAL REFERENCE, OR BY
TRIAL BY A JUDGE.
b. A~'bitretJoll. Since this Contract touches and concerns interstate commerce, an arbitration under this Contract shall be
conducted in accordance with the United States Arbitration Act ['Title g, United States Code), notwithstanding any choice of
law provision in this Contract. The Commercial Rules of the American Arbitration Association ("AAA") also shall apply. The
arbitrator(s) shall foflow the law and shall give effect to statutes cf Iimitetion in determining any claim. Any controversy
concerning whether an issue is arbitrable shell be determined by the arbitrator(s). The award of the arbitrator(s) shaft 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 chafienge to entry of judgment upon the award shall be entertained except a~
provided by Section 10 of the United States Arbitration Act or upon a finding of manifest injustice.
c. Judicial Reference or Trial by a Judge. If requested by either you or me, any controversy or claim under subparagraph (a)
that is not submitted to arbitratian es provided in subparagraph (b) shaft be determined by reference to s referee appointed
by the court who, sitting alone and without jury, shall decide ail questions of law'and fact. You and I shall designate to the
court a referee selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA-sponsored
proceedings. The referee shall be an active attorney or retired judge. If the court where the controversy is venued lacks the
power to appoint a referee, the controversy instead shall be decided by trial by s judge without a jury.
d. Self-Help, Fore~teaure, end Pr~viaianal Remedies. The provisions of this paragraph shall not limit any rights that you or I
may have to exercise self-help remedies such as set-off or repossession, to foreclose by power of sale or judicially against or
sell any collateral or security, or to obtain any provisional or ancillary remedies from a court of competent jurisdiction i3efore,
after or during the pendency of any arbitration under subparagraph (b) above. Neither the obtaining nor.the exercise of any
such remedy shall serve as a waiver of the right cf either you or me to demand that the rotated or any other dispute or
controversy be determined by arbitration as provided above,
ATTORNEY FEES: If I prevail in any ]egal action or arbitration proceeding which is commenced in connection with the
enforcement of this Contract or any instrument or agreement required under this Contract, or in connection with any dispute
relating to this Contract, you will pay my reasonebJe attorney fees, court costs and necessary disbursements incurred in
connection with such action or proceeding, as determined by the court, the referee, or the arbitrator(s) in accordance with the
law. If you prevail in any such action or proceeding, or in the exemise of any self-help remedy as described above, I will pay any
court costs and necessar~ disbursements to the full extent permitted by law, together with reasonable fees imposed on you by
an attorney who is not your salaried employee, provided that prior to commencement cf legal action such fees may not exceed
$50.00 and further provided that no attorney fees may be charged prior to my receipt of the Notice of Default and Right to Cure
Default..
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, if requested by you to do so, the
estimated amount necessary to pay yearly taxes, assessments and insurance premiums that Wfll become due within the
next twelve-month period; (b) to pay you a transfer fee if I sell the Manufactured Home, unless such fee is prohibited by law; (c)
to pay interest at the Contract rate on the remaining unpaid balance plus accrued interest, from the date of maturity until paid in
full; (d) to reimburse you, immediately upon your demand, with interest at the Contract rate, the amount of funds you actually
advance on my behalf to correct my default; and (e) that if I am marded, and residing in a community property state, both my
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 entk'y. All rights granted to you under this Contract shall apply to
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit Capacity in conne~on with opening and cofleot[ng
my account and share information about me and my account with credit reporting agencies. You may sell or otherwise furnish
information about me, including insurance information, to all others who may lawfully receive such information. You may furnish
specific infarmation abou~t the Manufactured Home and any insurance policies on the Manufactured Home to any insurance
agent to enable such agent to quote premiums to me and solicit my insurance business.
WAIVER: Waiver of any default shall not constitute a waiver of any ether default. No term of this Contract shall be changed
unless in writing and signed I~y one of your officers. This Contract is the entire agreement between us and I agree that no oral or
implied representations have been made to induce me to enter into this Contract.
VALIDITY: Wherever possible each provision of this Contract shall be interpreted in such manner as to be effective and valid
under applicable law, but if any provis on of this Contract shell be prohibited by or invalid under applicable law, such provision
shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder cf such provision or the
remaining pr~visiens of this ContraS. This Contract shall be of no effect until and unless signed by me and you. In ne event
any charge under this Contract exceed the highest amount allowed by applicable law. If any excess charge is received.
excess shNI be refunded er applied to the amount due.
GOVERNING LAW: Each provision of this Contract shaJl be construed in accordance with and governed by the laws of the stat~
of Pennsylvania, provided that to the extent you have greater rights or remedies under Federal law, such choise of state
shall not J3e deemed to deprive you of such greater r~ghts and remedies under Federal law.
':~. :.NOTICE ........ .::i~i:~'~,~'~ '-
ANY HOLDER :OF.THIS CONSUMER CREDIT:CONI'RAC~.:IS:.SUBJE¢;~'~O ALL','CLAIMS AND DEFENSES WHIC~ '
~E= DEBTOR::'cObLD ~'ASSER~:,:~G~S~... ~E. EEL~R:: OF;.'Q~[;~OR SERVICES OBTAINED=. PURSUA~
AMO~s:~ID.:By=~E DEB~O~.~HER'EUNDER~
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALLING FOF
RESOLVING DISPUTES BY ARBITRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY TRIAL, ANr
AGREE THAT THIS CONTRACT SETS FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAVi
BEEN MADE.
the Assignment on page 7.
SELLER:
SELLER'S
ADORE.eS:
COUNTRY SIDE VILLAGE HOMES,
31 WALNUT BOTTOM ROAD
If you do not meet your Contract obligations, yot
may lose your manufactured home.
Notice to Buyer: De not sign this Contract In blank
You are entitled to an exact copy of the Contra=
you sign. Keep it to prot.eet your legal rights.
~IUYER(S) SIGNATURE(S): 4 ,/
JA~S M, MUFFM~4
DATE OF THIS CONTRACT:
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AN[
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
(Signat~%f Buyer) (Signature of Co-Buyer)
£I
EOOE-EE-]hf
ASSIGNMIINT BY SELLER
TO CREDITOR INDICATED ON PAGE 1 ("Creditor")
With respect to this retail instaJlment contract ("Contract") signed by one or more buyers ("Buyer"), SELLER represeml
and wan'ants fiat: (1) Buyer's credit statement submitted herewith is completely accurate unless otherwise specified; (2) Buys,
was legally competent to contract at the time of Buyer's execution of this Contract; (S) this Contract arose from the bona fide
sale of the me~'chandise described in this Contract: (4) the down payment was made by Buyer in cash unless otherwise specifie¢
end nc pa~t thereof wa~ loaned directly or indirectly by Seller to Buyer, (S) any trade-in, or other consideration, reoeNed ae
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owa¢
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 sat fortJ'
herein; (7) this Contract and any guaranbj submitted in connection herewith is in all respects legally enforceable against esot'
purported signatory thereof; (8) Seller has the right to ~sign this Contract ~ld thereby to convey good flue to it; (g) in the even'
of any claim or defense asserted by any ~uyer, or any heirs or assigns of Buyer, with respect to the Manufactured Home
~ther property or consider&rich transferred pursuant to this retail installment contract, Seller agrees that it will indemnify and
Creditor harmless from all such claims and defenses as well as from aJJ COst~ reasonably incurred by Creditor in connectior
therewith, including but not Jimited to reasonable attorney fees and court cesta; and (10) in accordance with the Fair Credi~
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 dghts, titte and interest in this Contract and the props~
which is the subject matter hereof and authorizes Creditor to do everything necessa~ to collect and discharge same. All the
terms of a~ly existing written agreome~ltS betWeen Seller and Creditor governing the purchase of Contracts are made a part
hereof by reference, it bei~lg undemtood that Creditor relies upon the above warranties and upon said agreements in purchasing
this Contract,
E,:PA :-1,7241 - '_ ::
OF AHERTCA HOUSZNG
031007
BAI~IK OF ANER~CA~HOUSIN~-
SERVICES
400 SOUTHPO~NTE BLYD
STE
CANONSBURG Pa 15~17
£'::J@~: ~:@ 008
EXHIBIT "B"
RE: ManUfactured #emi,,LgR~ ~ Account #~009061300595000D1
dANES M, HUFFMAH
27 RAYS DR
POst Due ~onthLy Pay~ntCa) $ 720.81
Late chorgoc~) S 20.00
Crndlcorrs rights: Any partial p~yment of the amount due which ie received by ~o wiLL be applied to your
oooou~t. You ~iLL need to pay the fuLL amount by the date indicated above In order to cure your default.
you do na~ correct your defmuLt ui~hin 31 days duo from the Peacmorkod date of this notice, ua may
exercise our rtghce mgaf~st you under the Leu Dy accelerating your debt and tither repossessing your
manufactured home or, if necessary, bringing a court action to obtain p~osose{on of your monuflotured
you have any questions, utile to us at tho addreol above of ontL mo at ~he phone number [laCed above
betueen the hours of 8:00 a,m. and S:0o p.m., Hondoy through Friday.
this default ~am sauced by your failure co make a payment or payments, and you uont to pay by mail,
CC: Pile
Zf any additions[ regular piymenc becomes due during thio cure perlod~ thlo payment must also be paid in
order to avoid any further cmfauLc. Thla correspondence Is ah attempt to coLLect a debt and any
Information obeaiflnd ~i[L .....
PA C144) 061*O?-OOOOO613t
(T eenPoint Credit
EXHIBIT "C"
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-03663 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HUFFMAN JAMES M ET AL
ROBERT BITNER Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
HUFFMAN SHANNON the
DEFENDANT at 2021:00 HOURS,
at 27 P~AYS DRIVE
NEWVILLE, PA 17241
SHANNON HUFFMAN
on the 5th day of August , 2002
by handing to
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
24.28
Sworn and Subscribed to before
me this ~ ~ day of
/P~othonotary
So Answers:
R. Thomas Kline
08/22/2002
ERIN DYER
SHERIFF'S RETURN
CASE NO: 2002-03663 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
HUFFMAN JAMES M ET AL
- REGULAR
JODY SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
HUFFMAN JAMES M the
DEFENDANT , at 1447:00 HOURS, on the 21st day of August
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ
CARLISLE, PA 17013 by handing to
JAMES HUFFMAN
2002
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 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this 3~ day of
~3~ · ~ 2- A.D.
'P'roth~notary '
So Answers:
R. Thomas Kline
08/22/2002
ERIN DYER
By:
Depdty Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing )
agent for BankAmerica Housing )
Services, a division of Bank of )
America FSB, )
)
Plaintiff, )
)
v. )
)
James M. Huffman and Shannon )
Huffman, )
)
Defendants. )
CIVIL DIVISION
No. 02-3663 Civil Term
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT
To the Prothonotary:
Please enter Judgment by Default in favor of Plaintiff GreenPoint Credit LLC, as
servicing agent for BankAmerica Housing Services, a division of Bank of America FSB and
against Defendants James M. Huffman and Shannon Huffman for their 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 Shannon Huffman
was served with the Complaint on August 5, 2002. Defendant James M. Huffman was
served on August 21, 2002. Their answers were due to be filed on August 26, 2002 and
September 11, 2002 respectively.
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
Defendants at their last known addresses and to their attorneys of record, if any, on
September 11, 2002, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 1997 Redman Shadow Ridge
Manufactured Home, Serial Number 12231585, that being the relief demanded in the
Complaint.
Attachments:
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
Ten Day Notice -- Exhibit "A"
Affidavit of Non-Military Service & Last Known Address
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Rank of America
FSB,
Plaintiff,
James M. Huffman and Shannon
Huffman,
CIVIL DIVISION
No. 02-3663 Civil Term
Defendants.
Via Certified Mail # 7001 1940 0006 1460 9815
and CertJficate of Mailing
Shannon Huffman
27 Rays Ddve
Newville, PA 17241
Date of Notice: September 11, 2002
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 AND 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 Ave.
Carlisle, PA 17013
(800) 990-9108
Attorney for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Huffman, James & Sham EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of America
FSB,
Plaintiff,
James M. Huffman and Shannon
Huffman,
CIVIL DIVISION
No. 02-3663 Civil Term
Defendants.
Via Certified Mail # 7001 1940 0006 1460 9808
and Certificate of Mailing
James M. Huffman
27 Rays Drive
Newville, PA 17241
Date of Notice: September 11, 2002
.IMPORTANT NOTICF
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 YOU R 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 Ave.
Carlisle, PA 17013
(800) 990-9108
Erin P;~:~yer,~'~uire ~
Attomey for Plaintiff
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint~Huffman, James & Shannon\TDN-James.wpd
IN THE court OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of America
FSB,
Plaintiff,
James M. Huffman-and Shannon
Uuffman,
CIVIL DIVISION
No. 02-3663 Civil Term
Defendants.
Via Certified Mail # 7001 1940 0006 1460 9822
and Certificate of Mailing
Ruby D. Weeks, Esquire
cio Shannon Huffman
Ten West High Street
Carlisle, PA 17013-2955
Date of Notice: September 11, 2002
IMPORTANT NOTICF
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
E NTE RED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOS E YO UR 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 Ave.
Carlisle, PA 17013
(800) 990-91(~~~
Erin P. Dyer, Esquire
Attorney for Plaintiff
2021 Murray Avenue, Suite
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Huffman, James & Shannon\TDN-ACU-W. wpd
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GreenPoint Credit LLC, as
servicing agent for Bankamerica
Housing Services, a division of
Bank of America FSB,
Plaintiff,
James M. Huffman and Shannon
Huffman,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 02-3663 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 Shannon Huffman's place of residence is 27 Rays Drive,
Newville, Pennsylvania 17241, and Defendant James M. Huffman's place of
residence is 72 West Louther Street, Carlisle, Pennsylvania 17013 and that they are
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~
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
IN THE COURT OF COMMON PLEAS OF
GreenPoint Credit LLC, as servicing
agent for BankAmerica Housing
Services, a division of Bank of
America FSB,
James M.
Huffman,
Plaintiff,
Huffman and Shannon
Defendants.
CUMBERLAND COUNTY, PENNSYLVANIA
)
)
)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 02-3663 Civil Term
James M. Huffman
72 West Louther Street
Carlisle, PA 17013
Thomas S. Diehl, Esquire
c/o James M. Huffman
One West High Street, Suite 208
P.O. Box 1290
Carlisle, PA 17013
Shannon Huffman
27 Rays Drive
Newville, PA 17241
Ruby D. Weeks, Esquire
c/o Shannon Huffman
Ten West High Street
Carlisle, PA 17013-2955
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.
Prothonotary of Cumberland~:ounty
L:~GreenPoint\Huffman, James & Shannon\DJ only