HomeMy WebLinkAbout02-5296IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
Lester W. Yohe and Rebecca S.
Taylor,
Defendants.
CIVIL DIVISION
Complaint in Civil Action - Replevin
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
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS
OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 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 WRI'I-fEN 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,
Plaintiff,
Lester W. Yohe and Rebecca S.
Taylor,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. O~, -- S"2c~,
Complaint in Replevin
NOTICE
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY
INFORMATION OBTAINEDWILL 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-FEMPT 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 LAVVYER 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
IN THE COURT OF COMMON PLEAS OF
GreenPoint Credit, LLC, )
)
Plaintiff, )
)
v. )
)
Lester W. Yohe and Rebecca S. )
Taylor, )
)
Defendants. )
)
)
)
)
CUMBERLAND COUNTY, PENNSYLVANIA
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
ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF ALI EN AGAINST
PROPERTY.
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 its 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 1100 Circle 75 Parkway, Suite 1000,
Atlanta, Georgia 30339.
2. Lester W. Yohe and Rebecca S. Taylor, hereinafter referred to as
"Defendants," are individuals whose last known address is 114 Rustic Drive, Shippensburg,
Pennsylvania 17257-8750.
3. On or about November 12,1999, Defendants purchased a 2000 Dutch
Housing Inc. Model 5235 Manufactured Home, Serial Number 27392D,
(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 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 is attached
hereto as Exhibit "B."
5. Plaintiff avers that the approximate retail value of said Mobile Home is
$73,500.00 and that the said Mobile Home is in the Defendants' possession and believed
to be at Defendants' address as stated above.
6. Defendants defaulted under the terms of the Security Agreement by failing
to make payments when due. As of October 21, 2002, the Defendants' payments of
interest and principal were in arrears in the amount of $2,478.44. Pursuant to the
Acceleration Clause in the Security Agreement the amount outstanding as of
October 21, 2002, is $74,032.53.
7. Plaintiff provided Defendants with thirty (30) days notice of intent to
repossess the Mobile Home. A true and correct copy of the notice of intent to repossess
the Mobile Home is attached hereto as Exhibit "C."
8. Defendants failed to cure the default or return the Mobile Home upon
Plaintiffs demand.
9. Plaintiff avers that under the terms of the Security Agreement and
Pennsylvania law it is now entitled to immediate possession of said Mobile Home.
pay:
10. The Security Agreement provides that in the event of default, Defendants will
a. 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 Defendants 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.
COUNTII-DAMAGES
By way of separate and alternative pleading, Plaintiff, GreenPoint Credit, LLC,
alleges the following:
12. Paragraphs I 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 Defendants in the amount of $74,032.53 with interest and late
charges plus detention damages, special damages consisting of inter alia, detaching and
transporting the Mobile Home, shipping fees, any cost for insurance placed on the Mobile
Home by Plaintiff, late charges, and all allowable damages per the Security Agreement,
any further costs for repossession and sale, and attorney's fees and costs of litigation in
order to obtain possession of the Mobile Home; and
b) in the event Plaintiff repossesses said Mobile Home and resells or otherwise
disposes of said Mobile Home, a deficiency judgment in an amount to be determined by
the Court upon petition of Plaintiff, which amount shall be equal to the difference between
the amount owed pursuant to the said Security Agreement plus the damages set forth in
paragraph (a) above and the amount recovered by Plaintiff from the resale or other
disposition of the said Mobile Home, less expenses.
PA ID Number: 52748
Attorney for GreenPoint Credit, LLC
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
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
'.R..E~r..AJ_L_INS_T_AIJ.~M.E_.N'T _C~NTRACT. SECURITY AGREEMENT., MHiVt~InnLE ~o~ CON ,'n~,
w/41Vt:lt UI- I-KIAL BY JURY AND AGREEMENT TOI~ ] PL~:AOS
ARBITRATION OR REFERENCE OR TRIAL BY JUDGE Al omc IoFnc~ I°mc~ NU~n~ 79 06
Coritr;l~t) '--'-"- ~...,. JLOANSOURCE NO.: 75023_0
su'~-q~ ~E:- , ..... cou~p~., CUMB~.
-- PHONE:. (717") 53,2-7&25 S.~E~.#~: 179-$6-2D37 '-~'3-60----'~'~
PROF'OSEDI.I:XT, ATION OF MANUF~GTUI~ HOME:114, ..P. USTIC DZ~..IVE, SH.IPP~S=~URG, PA
%" 'me,' "myself' or "my' mean ell pnmans who sign thi~ Oontram as buyer or co-buyer, jointly ancl savereliy, and 'you"
"yeur" mean the Sell.r and any assignee. Thi~ Contract will be submilted to the Oreditor indicated below, at n local office and
apwoved, it w~ roe aas~gned to that Oreditor. On the date of this Oontract, I buy from you on a ~"ecl[t sale basis the manofactur
home cles~ an page ~, together with furnishings, -ClUipmant. appllanc, as and once.eries ind-ded in the manufactur
home at the time of purchase (called 'Manufactomd Home").
OFIEDITOR': GREEN'POINT C~t~IT, LLC
~ROMIS~ TO PAY: I W~-~ to pay yo~ at su~ a~dr~.~ as you may ~i~-(t~ '--';' " -' ~ '" ' ....
Unpaid Balance'~hc~ on page
Contract (Item 5) ~ interest at th. initiel mtn of 9.50 % p,,r year. '~e in~&re~t rate I will pa~, ,4/ill change in
with the provisions of this Oontract. I will pay thi~ am~un~ in installmants as shown in the payment schedule, ~r as mcomput
clue to changes in the interest rate, until the Unl:~id Raian~e is fully paid. If, on 11/12//29 . I ai~ owe any amount und
this Oontract, I will pay such amount in full on that clate, which is called the '~amr[ty Date.' Each monthly payman~ will '
applied as of its ~cheduied due date. If no interest mt. is clisclosed ~bove, thn initial interest rate is the Annual Percentage R~
shown below.
INTEREST RATE: My inifiel int~rast rate may not be based on the index u~ed to maY~ later adjustmanto. My interest rate m
change 11 months after my first payment is clue and every _12 months thereafter based on movements in II
overage of interbenk offered rates for one year U.$. dollar denominated de~s~ in the London market I~a~nd upon the quolaU,
of major banks u publ[sbed in the 'Money Rates" semen of The Wail Sheet Jo-mai on the first publloafion clay of each monl
ancl Imown as the tendon interbank Offered Rates (UBOR), which is the index rate. This is called my 'interest
chonge date." My interest rate cannot increase or decrease by mom than 2.00 % at any [nterast rate change er by more th;
5,00 % over the term of the Conlra~ The interest rate will equal the index r~ in' effect ¢ $ ~ays before the inter;
rate change date plus a margin of 5.25 % (roun--~ed to the ~J~REST .1/g - ~, r --~ of one percentage point) 'unle=
the interest rate ou~ rmtit the amount of change in--~e Int~rest rote. I~ this index rate is no longer =vellable, you may ohoose
new index that is based upon comparable information.
ANNUAL FINANCE CHARGE Amount Financed
PERCENTAGE
RATE
Th~ amount of or. lit
Th-, ~$tof my {a'udR a.~ provided to m. ~r or,
~u"JeC~ m Z ~ct~mg. ~)~ %
$ 72,265.50
Total of Payments
'l'ne am~nt I Wil ~ paid
~r I ham trade all
(based en Ih-.
Anrm;d Pe~amage Ram
$ 255,912.96
To~ ,~Gle Price
punhNase ~n ~mclit
change) Induding my
..
$ 269,671,96
See Cor~lra~ terms f~r nddi~o~allnform;
about nonpayrrent, default, required mpa
in full before the ~:fMdubd da~, and
pmp~jmmlt refunds and pereifu~.
Pmpaymenl: if I i~yotf eady, I will not
pay ~ penaJ~y, but I ~ not be
D~e~dptton of
Manufactured
~ome:
n4AOENA~=- DUTCH HOU~I~?
YEAR: 2000
NUM~
111099
INC.
1. Cash Prk~ (Ine/uding Sak~
Taxof $ .00): ................... $ 86,000..00
2. a. C, ashOownPayme~ $ 13,759.00
b. Trade-In (Year, Make, M~lel):
Length . Wid~
GrossVaJue$ . O0 Liens$
Net Trade.th Value ....... $ .00
Total De~m Payment ....................... $ 13/75~.00
3. Unpa~~(~ ~nu~ $ 72t 2&l.00
4, ~n~ p~ ~ ~ ~ ~
(1)P~I~ .,. $ ,00
b. To ~bl~ O~
(1) ~ ~T~ $ 22.5~
(2) FILING F~ ~ 5 .~ ,
~ To~
Fcc $ .0 9
d. To:
f,
g.
h.
$' ' ' .ob
$ .oo
T= GREENPOINT CREDIT? L
Fcc FLOOD FEE
$ 27. O0
To:
For:.
$
Tokai (a + b +c+ d +e + t+g + h~..
54.50
5. Unpaid BaJa~ce (S plus ¢) ........... $ 72,295.50
6. Prepaid Irmam~ C~arge .............. $
27.00
I
SKIRTING
, INSpRA CS .....
PROPERTY INSURJU~ICE: Pmpen'y Insura~ue an fie
M~u~red H~o is r~uired f~r ~e ~ ~ ~is
Con~. I ~ve ~e right ~ ~ce ~e ~mon ~mugh
whom E is o~ed. ~ m~ng ~e ~mp~ line
~1~, I ele~ ~ bW ~e ~mge In~ ~ y~
~r ~e ~ ~d pmm~m sh~n, ~d I w~t ~ ~d
on this Contract
7~e of Insurance
Term Premium
0MOS $ .00
_ $
_ $
UABILI3Y INSURANCE COVERAGE FOR BODILY
INJURY AND PROPERTY DAMAGE CAUSED TO
OTHERS I$ NOT INCLUDED UNLESS INDICATED IN
THE PROPEHi Y INSURANCE SECTION ABOVE.
CREDIT LIFE INSURANCE; Credit Life Insurance is
not requEed for this Conlm~ or a f,,,~nr in its approval
If I ele~ Credit L~e Insurance, the name(s) of the
pmpnsed Insured(s) are;
Proposed Insured
Proposed Insured
(Only spouse can be insured join~.)
This insurance may not pay off ~'of my debt, and the
exac~ amount of coverage is shown mi my policy or
cefe'~mte. My signature indicates my election to obtain
Cmdlt Life Insurance coverage far the term and
~ of Covera~. e Term Premium
Single $
Joint .$
7. Ameunt Financed (S minua 6} .......... $_ 72,268.50
understand a~d agree that a per~on of cer~in of these amounts
may be retained bv vnm, nr un,,,
, .Date
(signature)
ADDITIONAL TERMS AND CONDrTJONs
VARIABLE RATE:
~. Monthly Payment Changer,. My monthly payment amount will change elu:h time my interest rate is adjusted.; will pay ~
amount of the new monthly payment beginning tho first monthly payment at the interest rats change date. The merit
payment amount would fully amortize the remaining unpaid balance ] am expected to owe an the Interest rate change date
the adjusted interea-t rate in equal monthly payments over the remaining Term of this Agreement.
b. Notice of Interest Rate end Monthly Payment Changes. You will send me notice of an adjustment in the interest rate s
monthly payment at least 25 days bstora the adjustment This notice w~l] contain information about the ~ndax rats, inten
rate, payment amount and remaining unpaid beJance.
=. Converaion to Fixed Rate. I may ~oose to onnvert this Contract to a r~ad rate Cen~ct at any time beginni
ZEla, O years from the data of ~ C~onlract and ending 30 . years from the date of this Contract,
Order to convert t~ a fixed rate, I mu~t not he in default unde~ the terme of this Contract, I must noti~ you in wring of r
desire to convert to a fixed rate, I must execute a revision agreement and I must pay n nonrefundable ¢onveraion fee. T
new tlxad interest rate will be your standard fixed interest rate for a comparable Contraof on the date that you receive r
written notification. The new fixed rate wal take e~tset on tho 'Conversion Dato,' which shall be my next payment due d;
that is at least 30 days after your timely receipt of a revision agreement signed by all E]orrawera together with
nonrefundable conversion tee of $ 200,00 . The new .fixed rate and the Conversion Date are subject
change if my revision agreement and fees ere received after the date specified ~n the revision agreement. My new paymE
amount wiil be effective with the ill'st payment foliowing the Conversion Date.
SECURITY INTEREST: I grant you a security interest under tho Uniform CommerCe; Code In (f) the Manufa~'mred Home and
alt goods that are or may herea~er by operation of law become acues~iena to it, (2) all applisn~sa, machinery, equipment a
other goods furnished with the Manufactured Home (whether or not installed or affixed to it) including but not ~nited to the iter
I'd-tad as 'Add~innal Accessories end Furnishings' en page 1 of this Contract, (3) any refunds of unenmad insurance premiur
financec~ in this Contract, (4) any substilugons or replacements of the foregoing, end (5) all proceeds of such Manofactur
Home and acoeusion~, and of any Additional Ac,-=~$ories and Furnishings. This security interest secures payment a;
part'ormance of my obligagons under this Conbeet, including any additional debt arising because of my failure to perform r
o~ligat]en$ under this Oen~'a~ end includes any contrectuai extensions, renewals or modi~catiens. My execution of ti'ga Contr;
o.o. nstftute$ a waiver of my personal property and homestead eXemption rights to the personal property herein deson'bed. I v
s~gn and deliver to you whatever tinanclng statements end other documente you deem nanessmy to allow you to pa~ect ye
Sinecunty interest in any personal properly and fixtures. I agree that you may t'de this senugty instrument or a reproduc~on them
the re.al estate records or other appropriate index as a financing statement for any of the itsr~s specified above. A~
reproduction of this security ios~'umant or any other security agreement or financing statement, and any extensions, renewals,
amendments thereof, shell be sufficient to perfect a security interest with respect to such items.
IN WRITING TO THOSE CHANGES. ~r.a ~r~ a~auuN I~ UF ray MONTHLY PAYMENTS, UNLESS YOU A~-RE
PROPERTY INSURANCE:
a. Minimum Coverage. I am required to provide phyaicai damage insurance coverage prot~'ting the Manuf~_~_,rad Home f
the term of this Contract against ~ by fire, bezercIs included w~in the term "extended coverage" and any other ha~'~rd
incduding flood, for which you require insuranon, in an amount equal to the lesser of the actual cash value of t~
Uanufaofured Homo or the remaining unpaid balance I owe from time to time on this Contract (the 'Minimum Coverage'
The insurance policy wa contain a loss payable elauee prote~ng you (aa your interest may appear), end provide for
10,day norton of canoella, tian to you, Un[naa you consent in v~il~g, I shall not acid any edditlenal ious payee to the insuran;
polioy. I have the Hght to =hoose the posen through wl~om the property insurance poEcy is obtained, it' my Jnsuran;
coverage expires or is conceited prior to payment ~ full of this Contract, I must obtain no less than the Minimum Coverage
my expense for the remaining term of this Gontmot. Should I fail to maintain tho Minimum Coverage, you may, but are n
obligated to, obtain insurance coverage, I agree that any insurence you purchase may be for the protec~on of only ye,
interest in the Manufactured Home, may not fully protect me in the event of a loss, and may be for such reasonable period;
you determine. If you dec{de, in your sole discretion, to ol~tain insuren=e, you will notify me of that fact end that the cost, pit
intere~ at the Contract rate, will be added to my debt. I will repay such amount during the term of the policy in the mann,
requested by you. I understand that the insuranse premiums may be higher if you must putchaao the Insurance than might I:
. ased su ce. and th,t you may the insurance comoan
b. Ae~ignmeat and Application et Insumsqce Proceeds. I hereby grant and assign to you the proceeds of any and;
insurance coverage on the Manufactured Home, including any optional coverage, auc~t as earthquake insurance, whloh i
type or amount is beyond the Minimum Ooverage. In the event of a loss to the Manufactured Nome, I shaft give prompt nofic
to you and the insurance carrier. If I fag to promptly notify or make proof of loss to the insurence cartier, you may' do aa on rc
behalf. All physical damage insurance proceeds, including proceeds from optional coverage, shall be applied to restore~n <
repair of the Manufactured Home, unless you and I agree otherwise in wriGng or unless such restoration ar repair is m
economically praetk~ er feast]e, or your secu~y interest would be lessened. If such restoration or repair is not pre,cai (
feasible, or your se~-udb' intere~ would be le~sormd, you shall apply the insurance pmoeeds to the remaining unpaid balenc
of this Gontra_et, whether or not then due, and give me any excess. I authorize any tnaumr to pa~ you directly. I hame
appoint you u my [lmrmd attorney-in-fact to sign my name to any check, draft, or other document nanassan/to obtain auc
insurance payments.
LATE CHARGE; I agree to p~y a Jato charge for late payment as set forth on the front of this Contract. On}y one late charge w
be mede en any delinquent installment regardless of the period far which that instal[mant remains in default. After this Contrm
matures, whether by aceelera~n or otherwise, I will nee bo charged a late charge.
EVENT~ OF DEFAULT: I will be in default under this Contract if: (a) I fall to make any payment when due; Co) I fail to ~me
make rental payments, or to paynther charges and assessments, misting to the real property end/or facility on which th
Manufactured Home is located; (o) I vldlato restri~ive ~ovenents, miss or ragulsttons re~ating to the mai properly and/er fa¢illl
where the Menufaeeumd Home is located; (d) I fall to keep the Menufastured Home in good repair and cendifion, as you ma
reasonably determine: (e) ! remove the Manufactured Nome from the address shown on this Oentre~ unless I nee~/you ]
advance and receive your written consent;, (t) I sell or attempt to sell or to transfer any bansficial interest in the Manufacture
Home without first obtsJning your written consent; (g) I allow the Manufactured Home to become part of any real estate withal
first obtaining your written consent;, (h) I encumber or abandon the Manufactured Hame or use it for hire or illegally; ~ I fag I
promptly pay any taxes and other liens and encumbrances on the Manufactured Nome or on Ihs real property on which it
located, if this is my responsibility;, and/or ~ 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 necensaty t
correct my default. You will, except as set forth below, first give me a Notice of Default and Right to Cure Default before yc
accaderate payment of the remaining unpaid balance I owe you or repossess or foreclose on any property which secures th
Con~'ect. The Notice wig tell me what my default is and how I can cure it. Except as required by appr~able law, you are n~
required to send me this Notice when (1) you have already sent a Not~co twine within the preceding eno-year period, (2) [ ha~
abandoned or voluntarily surrendered the Manufactured Home, or (3) other extreme circumstances exist.
CURE OF DEFAULT: I may cure a default at any 'dine before title to the Manufactured Hame is transferred from me, which w
be at least 45 days after mca~pt of the Notice of Default and Right to Cure Default. To cure a default, I must pay:. (a) all amaun'
which would h~ve been due In the absence of default and acceleration; (b) the attomay fees set forth below;, (c) any [ate charg~
that are due; and (d) reasonable costs which are actually incurred for detaching and a"ansporilng the Manufastumd Home te th
site of sale. I must also perform any other obligation I would have had to perform in the absence ee default.
REMEDIES UPON DEFAULT: If I do not cure the default, you may do either or both of the following et the end of the neeic
period, as allowed by appllcaJ~le law:. (a) you can require me to immediately p~y you the entire remaining unpaid balance dc
under this Contract plus accrued interest or CO) you can repossess the Manufaca,lred Home pumuant to the security interns1
give you under this Contract. If you are not required to send ms the Notice of Default ancl Right to Cure Default, you waJ
these rights immediately upon my default. Once you get poeeassioa of the Manufactured Home you will sell it. If the amount frei
the sale, a~ter expenses, is leas than what I owe you, I w~ pay you the difference er~ept aa otherwise provided by law. !
remedies are cumulative and you may enforce them separately or together in any order you deem neces~erV to protect yo~
security.
ARBITRATION OF DISPUTES AND WAIVER OF JURYTRIAL:
e. Dispute Resolution. Any controversy or c~aim between or among you and me or our assignees arising out of or relating
this Contract ar any agreements or instruments relating to or delivered in connedico with this Contra~, including any olai'
based on or arising from an aJlegod tort, shall, if requested by either you or me, be determined by arbitration, reference,
trial by ~ judge as provided below. A controversy involving only a single claimant, or claimants who are related or aseerdr
claims arising from a single transection, shall be determined by arbitration as dasoribed below. Any other controversy shaJ
determined by judicial reference of the controversy to a referee appointed by the court or, if the court where the contreven
is venued lacks the power to appoint a referee, by Sial by a judge without a ju~y, as described below. YOU AND I AGRE
AND UNDERSTAND THAT WE ARE GIVING UP THE RIGHT TO TRIAL BY dURY, AND THERE SNALL BE NO JUR
Wi~I=iNER THE CONTROVERSY OR CLAIM [S DECIDED BY ARBITRATION, BY JUDICIAL REFERENCE, OR B
;JuSieial Referenae or THai by a Judge. If requested by either you or me, any controversy or claim under sub~eragra~h I
that is not submitted to aYoittation as provided Jn subparagraph (b) shall be determined by referense to a referee appoint.
by the court who, si~ng ;done and without !my, shall decide all questions of law and feet. You and I shal! designate to t;
court a referee selected under the auepises of the AAA in the same manner as adaitrators am selected in AAA-sponsor
proceedings. The referee shall be an ac~'e attorney or retired judge. If the court where the contrc~)~ray is vanued lack~ t~
power to appoint a referee, the controversy instead shall be decided by thai by a judge without a jury.
Self~H=lp, Foreclosure, and Provisional Remedies. The provisions of this paragraph shall not limit any rights ~a~ you ~
may have to exercise seE. help remedies such as set-off or repossession, to foranibse by power of se]e or judicially agalost
sell any collateral or security, or to obtain any provisional or an~]lary remedies from a court of competent jurisdiction befo~
after or during the pendency of any arbitration under subparagraph (To) above. Namer the obtaining nor the exerc~e of a~
such remedy shall serve as a waiver of the right of either you or me to demand that the related or any other dispute
conl~overay be determined by arbitration es provided abbve.
ATTORNEY FEES: If I prevail in any legal action or arbitration proceeding which is commenced in connection with IJ
enforcement of this Contract or any insln~mant or agreement required under this Con,act, or in connection with any dispu
relating to this Contraot, you wfll pay my reasonable attorney fees, court costa and neoessary disbursements incurred
connection with such action er proceeding, aa determined by' the court, the referee, or the arbitrator(s) in aenordance with tJ
law. If you prevail in any such action or proceeding, or In the exercise of any self. help remedy as desoribed above, [ will pay a~
court costs and nesessmy disbursements to the full extant permitted by law, together with reasonable fee~ imposed on you I
an attorney who is not your salaried employes, provided that prior to commencement of lag;d act]on such tees may not eXce~
$$0.00 and further provided that no attorney fees may be charged prior to my rose!pt of the Notice of Default and Right to Gu
Default.
OTHER TERMS AND CONDITIONS: I agree: (a) to pay with my monthly installments, Jf requested by you to do co, ti
estimated amount nesessmy to pay yearly taxes, assessments and incuranco premiums that wil! 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 Gontra=t rate on the remaining unpaid balance plus accrued interest, from the date of maturity unal paid
full: (d) to ralmbu~e you. immediately upon your demand, with interest at the Contract rate, the amount of funds you actua
advance on my behalf to correct my default; and (e) that if I am married, and residing in a community property state, both i~
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 Ibis Contract shall apply
any assignee of this Contract.
CREDIT INFORMATION: You may investigate my credit history and credit ospauity in cunnestion with opening and collectJr
my account and share intorma~on about me and my *___~>~__,nt with credit repor~ng agencies. You may'sell or otherwise rural,*
information about me, in~uding insurance information, to all others who may lawfully receive such information. You may fumi.,
spec!lb= Inforrn~on about the Manufactured Home and any insurance policies on the Manufactured Hometo any !neuron(
agent to enable such agent to quote premiums to me and solicit my insurance hue!nas=. "'
WAIVER: Waiver of any default shall not Constitute a waiver of any other default. No term of this Contract shall be chang~
un[ass in wri~ng and signed by one of your off!cern. This Contract is the entire agreement between us and I agree that ne oral,
implied representations have been mede to induce me to enter into Ibis Conlrant.
VALIDITY: Wherever possible each provision of this Conbact shall be interpreted in such manner u to be effect!v® and vel
under applicable I~w, but if any provision of this Contract shall be prohibited by or invalid under appffosble law, such prey!sic
shall be ineffective only to the extent of such pruhibitfan or invalidity, wi~out invalidating the remainder of such pruvisian or t~
remaining provisions of this Contract. This Gonbact shall be of no effect until and unless sig~ed by me and you. In no event sh~
any charge under this Contract exceed the highest amount a~owed by applicable law. If any excess charge is received, six
excess shod! be rstunded or applied to the amount due.
GOVERNING LAW: Each provision of this Contract shall be consl~ued in accordance with and govemec[ by the laws of the sta
of Pennnyhranla, provided Ibat to the extent you have greater rights or remedies under Feder;d law, such choice of state la
shall not be deemed to deprive you of such greater rights and remedies under Federal law.
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
HERErO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY TIlE DEBTOR SHALL NOT EXCEED
AMOUNTS PAID BY THE DEBTOR HEREUNDER,
YOU AND I HAVE READ AND FULLY UNDERSTAND THIS CONTRACT, INCLUDING THE PARAGRAPH CALUNG FO;
RESOLVING DISPUi=S BY ARrqTRATION, REFERENCE, OR TRIAL BY A JUDGE, AND NOT BY JURY'TRIAL, AN
AGREE THAT THIS CONTRACT Sel-6 FORTH OUR ENTIRE AGREEMENT AND THAT NO OTHER PROMISES HAV
BEEN MADE.
ACC~..4~=D: ~e fomoo~gConbactls hamby~,.-lgnedunder~eten'ns
of 1he A,~ig~merrt~,~ pa6e 7.
cOUNTRY SIDE VILLAGE HOM]~S, IN
WALNUT B _O~TOM ROAD
172570000
SIGNATUR~:
If you do not meet your Contract obligations, yo~
may lose your manufactured ho. me.
Notice to Buyer: Do not sign th,s Contract in blank
You a. re entitle.d, to an exact copy of the Contrac
you sign. Keep ,t to prote~t your legal rights.
I AGREE TO ALL THE TERMS ON ALL PAGES OF THIS RETAIL INSTALLMENT CONTRACT AN[
ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT.
ASSIGNMENT BY SELLER
TO CREDITOR INDICATED ON PAGE 1 (~Credit~
W'~ raspect to this retail instalment contract ('Gonln~ct") signed by one or more buyers ('Buyer'), SELLFR represent
and warrants that: (1) Buyer's credit stetsmant submitted herewith is completely accurate unless otherwise specltied; (2) Buye
was leggy competent to contract at the time of Buyer's executian of this Centred; (3) this Contract arose from the bona fid,
sale of the merchandise desen1~ed in this Contract;, (4) Ute down payment was made by Buyer in cash unless otherwise specitie~
and no part thereof was loaned dire~y or indirectly by Seaer to Buyer;, (5) any trade-in, or other consideration, received as an,.
part of the down payment is accurately described on page 2 and has been valued at its bona fide value, and any amount owe~
on such trade-in or other property is e_,'~__,ratsiy das~lbed on page 2 anti has been paid off by Seller prior to e
contemporaneously wiUt the assignment of this Contract to Grsdrmr; (5) there is n~w awing ~n this Contract Ute amount set fortl
herein; (7) this Contract a~d any guaranty submitted in connection herewith is in all respect~ legally enforceable a4lainst eacl
purported signatory thereof; (8) Seller has the right to assign this Contract and thereby to convey good title to it; (9) in the even
of any claim or defense asserted by any Buyer, or any hairs or assigns of Buyer, with respect to the Manufastured Homeo
other property or consideration transferred pursuant to this retail instaJlment contract. Seller agrees that it we indemnify and hoh
Creditor harmless from ail such claims and defenses as well as from all costs reasonably leoun'ed by Creditor in connectio~
therewith, including but not limited to reasonable attorney fees and court costs; and (10) in aco~rdanco with the Fair Credl
Repoffing Act, Seller has not~qed 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 prope~
which is the subject matter hereof and ~utborizas Orediter to do everything necassmy to collect and discharge same. All the
CERTIFICATE OF TITLE[FOR A VEHICLE
~/3C ~--.~ t
Q31007
qO0 SOUTHP~XNTE BLVD
CANONSBURG PA 1S3t7
EXHIBIT "B"
September 11, 2002
NOTZCE OF INTENTION TO ACCELEEATEf COMREMCE LEGAL ACT[OB OR gEPOS~K~
RE: Manufactured Rome Loan - Account #000006130326100001
GREENPOIMY CREDIT, LLC
ATLAMTA, GA 31159
888 472-7-338
REBECCA $. TAYLOR
114 RUS¥[C DE
SRIPPENSBUEG PA 17257-8750
You are now in default on your Manufactured Homo Loan Contract. If you correct the default, you may
continue with the contract as though you did not default. Your default consists of failure to make timely
payments of one or more installments ae agreed to in the terms of the contract.
Thirty-one (51) days after the date of this notioe, we may have the right to commence Legal action amd
repossess your manufactured home.
Cure of default: Your may cure your default by making payment in the amount indicated below:
Past Due Monthly Payment(s)
$ 1~869.15
Late Charge(e) $ 87.38
Total Due-Mow $ 1,956.53
Creditor,s rights: Any partial payment of the amount due which is received by us will be applied to your
account. You wilt need to pay the full amount by the date indicated above in order to cure your default.
you do not correct your default within 51 days due from the postmarked date of this notice, we may
exercise our rights against you under the law by accelerating your debt and either repossessing your
manufactured home or, if necessary, bringing a court action to obtain possession of your manufactured
home.
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 manufacturd home or enter into a contract for its sale or
other disposition, (which shall be at Least 45 days after postmark of this not[ce), redeem the manufactured
home by paying us all amounts due plus expenses reasonably incurred by us in detaching and traneporting
the manufactured home to the site of the sale and our reasonable attorney~e fees, to the extent permitted by
Law, plus court costs.
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 default was caused by your failure to make a payment or payments, and you want to pay by malt,
please send a check or money order. 0o not send cash.
CC: File
[f any additional regular payment becomes due during this cure period, this payment must also be paid in
order to avoid any further ~a~F~iiI~- Thee ~,...-, .... ~ .... : .... ~tempt to collect a debt and any
information obtained will
PA (144) 095-11-0000061~0
EXHIBIT "C"
September 11, ~00~
GREENPO[NT CREDIT, LLC
P.O. BOX 723308
ATLANTA, SA 31139
888 472-7338
RE: ~anufactured Home Loan - Account #0000061303Z6100001
LESTER ~. ¥OHE
114 RUSTIC OR
SHIPPE~SBURG PA 17257-8750
You are now in default on your Manufactured Home Loan Contract. ~f you correct the default, you may
continue with the contract as though you did not default. Your default consists of failure to make tfme{y
payments of one or more installments as agreed to in the terms of the contract.
Thirty-one (31) days after the date of this notice, we may have the right to commence Legal action and
Cure of default: Your may cure your default by making payment in the amount indicated be[ow:
Past Due Monthly PaymentCs)
$ 1,869.15
Late charge(s) $ 87.38
Total Oue-Now $ 1,956.53
Creditorts rights: Any partial payment of the amount due which is received by us ~f[( be applied to your
account. You will need to pay the full amount by the date indicated above in order to cure your default.
you do not correct your default within 31 days due from the postmarked date of this notice, we may
exercise our rights against you under the tau by accelerating your debt and either repossessing your
manufactured home or, if necessary, brLnging 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 se[[ or otherN~se dispose of the manufacturd 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 ua ~n detaching and transporting
the manufactured home to the site of the sale and our reasonable attorney's fees, to the extent permitted b,
La~, plus court costs.
If you have any questions, write to us at the address above or ca[[ 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 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. Oo not send cash.
CC: File
If any additional regular payment becomes due during this cure period, this payraent must also be paid
order to avoid any further default. This correspondence fs an attempt to collect a debt and any
information obtained will be used for that purpose.
PA (144) 095-11-OgOOO61303261-ogo01
reenPoln Credi!
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05296 p
COMMONWEALTH OF PENNSYLVA~NIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
YOHE LESTER W ET AL
DAVID MCKINNEY Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN was served upon
YOHE LESTER W
the
DEFENDANT at 1732:00 HOURS,
at 114 RUSTIC DRIVE
SHIPPENSBURG, PA 17257
LESTER YOHE
on the 8th day of November , 2002
by handing to
a true and attested copy of COMPLAINT - REPLEVIN
together with
and at the same time directing ~is attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 13.11
Affidavit .00
Surcharge 10.00
.00
41.11
Sworn and Subscribed to before
me this jJ~ day of
)~u~ ~ ~ A.D.
Prothonotary'
So Answers:
R. homas Kline
11/12/2002
ERIN DYER
- ~-Depu~ Sheriff ~ ~
SHERIFF'S RETURN -
CASE NO: 2002-05296 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GREENPOINT CREDIT LLC
VS
YOHE LESTER W ET AL
REGULAR
DAVID MCKINNEY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - REPLEVIN was served upon
TAYLOR REBECCA S the
law,
DEFENDANT , at 1732:00 HOURS, on the
at 114 RUSTIC DRIVE
8th day of November , 2002
SHIPPENSBURG, PA 17257
LESTER YOHE
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 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this ~ ~ day of
~6~ ~0,~ A.D.
Prothonotary'
So Answers:
R. Thomas Kline
11/12/2002
ERIN DYER
/ Deity ~h~riff /~
IN THE COURT OF COMMON PLEAS OF
GreenPoint Credit, LLC, )
)
Plaintiff, )
)
v. )
)
Lester W. Yohe and Rebecca S. )
Taylor, )
)
Defendants.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 02-5296 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 Defendants Lester W. Yohe and Rebecca S. Taylor 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. Defendants were served with
the Complaint on November 8, 2002 and their answer was due to be filed on November
28, 2002.
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 address and to their attorney of record, if any, on November
29, 2002, which is at least 10 days prior to the filing of this Praecipe.
Please enter judgment for possession of the 2000 Dutch Housing Inc. Model 5235
Manufactured Home, Serial Number 27392D, 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
GreenPoint Credit, LLC,
Plaintiff,
)
v. )
)
Lester W. Yohe and Rebecca S. Taylor, )
)
Defendants. )
CUMBERLAND COUNTY, PENNSYLVANIA
) CIVIL DIVISION
)
) No. 02-5296 Civil Term
Via Certified Mail # 1940 0006 t462 0674
and Certificate of Mailing
Lester W. Yohe
114 Rustic Drive
Shippensburg, PA 17257-8750
Date of Notice: November 29, 2002
Via Certified Mail # 1940 0006 1462 3132
and Certificate of Mailing
Rebecca S. Taylor
114 Rustic Drive
Shippensburg, PA 17257-8750
IMPORTANT NOTICF
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BYATTORNEYAND 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
Erin P. Dyer, Esquire
Attorney for Plaintiff
2021 Murray Avenue, Suite
Pittsburgh, PA 15217
(412) 422-8975
L:\GreenPoint\Yohe-Taylor~TDN both.wp{
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF
GreenPoint Credit, LLC,
Plaintiff,
Lester W. Yohe and Rebecca S.
Taylor,
Defendants.
CUMBERLAND COUNTY, PENNSYLVANIA
) CIVIL DIVISION
)
) No. 02-5296 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
Defendants' place of residence is 114 Rustic Drive, Shippensburg, Pennsylvania 17257-
8750, 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 P~e
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,
Plaintiff,
Lester W. Yohe and Rebecca S.
Taylor,
Defendants.
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
No. 02-5296 Civil Term
Lester W. Yohe
114 Rustic Drive
Shippensburg, Pennsylvania 17257-8750
Rebecca S. Taylor
114 Rustic Drive
Shippensburg, Pennsylvania 17257-6750
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 Cumbe~r an~ ~rrty
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GreenPoint Credit, LLC,
Plaintiff,
Lester W. Yohe and Rebecca S.
Taylor,
Defendants.
CIVIL DIVISION
No. 02-5296 Civil Term
.PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary, kindly issue Writ of Possession in the above matter and direct the
Sheriff of Cumberland County to:
LLC:
Deliver possession of the following described property to GreenPoint Credit,
2000 Dutch Housing Inc. Model 5235 Manufactured Home, Serial Number 27392D.
2. Inform Lester W. Yohe and Rebecca S. Taylor that they have ten (10) days
to remove personal items.
3. After ten (10) days a motor truck will transport the 2000 Dutch Housing Inc.
Model 5235 Manufactured Home to a predetermined area or the Plaintiff will secure the
Mobile Home with a new lock for later transport.
4. Levy upon any property of Lester W. Yohe and Rebecca S. Taylor remaining
after the above-mentioned time period and sell their interest therein.
PA ID Number: 52748
Attorney for GreenPoint
2021 Murray Avenue, Suite B
Pittsburgh, PA 15217
(412) 422-8975
WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.)
GreenPoint Credit, LLC
vs.
Lester W. Yohe and Rebecca S. Taylor
114 Rustic Drive
Shippensbur§, PA 17257-875j0
No.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Costs
02-5296 Civil
Term
Term
Att'y. $ 136.61
Pl'ff(s) $
Prothy. $ 1.00
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
To the Sheriff of.. Ctanberland County, Pennsylvania
(1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the
following described property to:
GreenPoint Credit, LLC
being: (Premises as follows): Plaintiff (s)
2000 Dutch Housing Inc.
Model 5235 Manufactured Hcrc~
Serial Number 27392D
(2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen-
dant (s) and sell his/her (or their) interest therein.
Date
_ December 16, 2002
(SEAL)
Curtis R. Long
Prothonotary, Common Pleas Court of Cumberland County, Pennsylvama
Deputy
By virtue of this writ, on the 3rd day of February
I caused the within named Greenpoint Credit LLC
have possession of the premises described XW~RIX~XaA3~!~R~X,~XRROX 1 ~/'
Shippensburg, PA 17257
2003
~ to
Pl,~ l- i c. Df" i VO
Sheriff's Costs
Docketing $ 18.00
Poundage 1.65
Prothonotary 1.00
-Milage 13.80
Possession 30.00
Surcharge 30.00
94.45
Sworn and subscribed to before me this _'? C-
day of~,~ ~, ~3
Prothonotary
Advance Costs:
Slte~iff'~ Costs: 94.45
-- 55.55
Refunded to Atty on 2/4/03